MA000002  PR716565 [Note: a correction has been issued to this document]
FAIR WORK COMMISSION

DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

CLERKS—PRIVATE SECTOR AWARD 2010
[MA000002]

Clerical industry

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 5 MAY 2020

4 yearly review of modern awards – Clerks—Private Sector Award 2010 – modern award varied.

A. Further to the decision [[2020] FWCFB 2303] issued by the Full Bench of the Fair Work Commission on 4 May 2020, the Clerks—Private Sector Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation from 29 May 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 29 May 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Clerks—Private Sector Award 2020

Table of Contents
Part 1— Application and Operation of this award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 5
4. Coverage 5
5. Individual flexibility arrangements 7
6. Requests for flexible working arrangements 8
7. Facilitative provisions 9
Part 2— Types of Employment and Classifications 10
8. Types of employment 10
9. Full-time employees 10
10. Part-time employees 11
11. Casual employees 11
12. Classifications 14
Part 3— Hours of Work 14
13. Ordinary hours of work (employees other than shiftworkers) 14
14. Rostering arrangements (employees other than shiftworkers) 15
15. Breaks (employees other than shiftworkers) 17
Part 4— Wages and Allowances 17
16. Minimum rates 17
17. Payment of wages 19
18. Annualised wage arrangements 21
19. Allowances 22
20. Superannuation 25
Part 5— Overtime and Penalty Rates (employees other than shiftworkers) 26
21. Overtime (employees other than shiftworkers) 26
22. Rest period after working overtime (employees other than shiftworkers) 28
23. Time off instead of payment for overtime (employees other than shiftworkers) 28
24. Penalty rates (employees other than shiftworkers) 30
Part 6— Shiftwork 31
25. Application of Part 31
26. Ordinary hours of work and rostering for shiftwork 31
27. Breaks for shiftwork 32
28. Overtime for shiftwork 32
29. Time off instead of payment for overtime for shiftwork 33
30. Rest period after working overtime for shiftwork 35
31. Penalty rates for shiftwork 35
Part 7— Leave and Public Holidays 36
32. Annual leave 36
33. Personal/carer’s leave and compassionate leave 40
34. Parental leave and related entitlements 41
35. Community service leave 41
36. Unpaid family and domestic violence leave 41
37. Public holidays 41
Part 8— Consultation and Dispute Resolution 42
38. Consultation about major workplace change 42
39. Consultation about changes to rosters or hours of work 43
40. Dispute resolution 43
Part 9— Termination of Employment and Redundancy 44
41. Termination of employment 44
42. Redundancy 45
Schedule A —Classification Structure and Definitions 47
Schedule B —Summary of Hourly Rates of Pay 56
Schedule C —Summary of Monetary Allowances 77
Schedule D —Supported Wage System 79
Schedule E —Agreement for Time Off Instead of Payment for Overtime 82
Schedule F —Agreement to Take Annual Leave in Advance 83
Schedule G —Agreement to Cash Out Annual Leave 84
Schedule H —Part-day Public Holidays 85
Schedule I —Award Flexibility During the COVID-19 Pandemic 86
Schedule X —Additional Measures During the COVID-19 Pandemic 89

Part 1—Application and Operation of this award

1. Title and commencement

1.1 This is the Clerks—Private Sector 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 made by the Fair Work Commission does not affect any right, privilege, obligation or liability acquired, accrued or incurred under this award as it existed prior to that variation.

2. Definitions

In this award:

3. The National Employment Standards and this award

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

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

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

4. Coverage

4.1 This occupational award covers:

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

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

4.2 This occupational award also covers:

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

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

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

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

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

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

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

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

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

(a) Aged Care Award 2010; or

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

(c) Airport Employees Award 2020; or

(d) Alpine Resorts Award 2020; or

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

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

(g) Black Coal Mining Industry Award 2010; or

(h) Business Equipment Award 2010; or

(i) Contract Call Centres Award 2020; or

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

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

(l) Fitness Industry Award 2010; or

(m) General Retail Industry Award 2010; or

(n) Health Professionals and Support Services Award 2010; or

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

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

(q) Legal Services Award 2020; or

(r) Market and Social Research Award 2020; or

(s) Rail Industry Award 2020; or

(t) Restaurant Industry Award 2020; or

(u) Sporting Organisations Award 2020; or

(v) Telecommunications Services Award 2010.

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

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

6.1 Employee may request change in working arrangements

6.2 Responding to the request

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

6.4 What the written response must include if a different change in working arrangements is agreed

6.5 Dispute resolution

7. Facilitative provisions

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

7.2 The following clauses have facilitative provisions:

Clause

Provision

Agreement between an employer and:

13.4

Altering spread of hours

an individual employee or the majority of employees

13.8

Make-up time

an individual employee

14.5(a)

Substitution of rostered days off

an individual employee

14.6(a)

Banking rostered days off

an individual employee

17.2(b)

Monthly pay periods

an individual employee or the majority of employees

23.1

Time off instead of payment for overtime

an individual employee

26.1(b)

Shiftwork—averaging ordinary hours

the majority of employees

26.4

Shiftwork—beginning and end of shifts

an individual employee

26.5

Shiftwork—make-up time

an individual employee

29.1

Shiftwork—time off instead of payment for overtime

an individual employee

32.4

Annual leave in advance

an individual employee

32.9

Cashing out of annual leave

an individual employee

37.3

Substitution of public holidays by agreement

an individual employee

   

Part 2—Types of Employment and Classifications

8. Types of employment

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

(a) a full-time employee; or

(b) a part-time employee; or

(c) a casual employee.

9. Full-time employees

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

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

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

10. Part-time employees

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

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

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

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

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

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

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

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

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

11. Casual employees

11.1 An employee is a casual employee if they are engaged as a casual employee.

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

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

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

11.5 Right to request casual conversion

(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

(e) Any request under clause 11.5 must be in writing and provided to the employer.

(f) Where a regular casual employee seeks to convert to full-time or part-time employment, the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

(g) Reasonable grounds for refusal include that:

(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(j) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 40—Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(k) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 11.5, the employer and employee must discuss and record in writing:

(l) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(m) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer.

(n) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 11.5.

(o) Nothing in clause 11.5 obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.

(p) Nothing in clause 11.5 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(q) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of clause 11.5 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of clause 11.5 by 1 January 2019.

(r) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.5(q).

12. Classifications

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

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

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

Part 3—Hours of Work

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

13.1 Clause 13 applies to employees other than shiftworkers.

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

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

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

13.3 Ordinary hours may be worked between:

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

(b) 7.00 am and 12.30 pm on Saturday.

13.4 The spread of ordinary hours in clause 13.3 may be altered by up to one hour at either end:

(a) by agreement between the employer and the majority of employees concerned; or

(b) by individual agreement between the employer and the employee.

13.5 Setting ordinary hours by a different award

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

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

13.6 Ordinary hours of work are to be worked:

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

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

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

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

14. Rostering arrangements (employees other than shiftworkers)

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

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

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

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

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

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

14.5 Substitution of rostered days off

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

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

14.6 Banking rostered days off

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

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

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

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

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

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

15. Breaks (employees other than shiftworkers)

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

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

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

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

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

Part 4—Wages and Allowances

16. Minimum rates

16.1 Adult employees

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

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

Column 1
Classification

Column 2
Minimum weekly rate
(full-time employee)

Column 3
Minimum hourly rate

 

$

$

Level 1—Year 1

787.60

20.73

Level 1—Year 2

826.60

21.75

Level 1—Year 3

852.40

22.43

Level 2—Year 1

862.50

22.70

Level 2—Year 2

878.50

23.12

Level 3

911.00

23.97

Call centre principal customer contact specialist

917.40

24.14

Level 4

956.70

25.18

Level 5

995.50

26.20

Call centre technical associate

1,090.50

28.70

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

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

16.4 Junior employees

16.5 Supported wage system

16.6 National training wage

(a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2019. For that purpose, any reference to “this award” in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Clerks—Private Sector Award 2020 and not the Miscellaneous Award 2010.

17. Payment of wages

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

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

17.2 Pay period

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

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

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

17.3 Day off coinciding with payday

(a) Clause 17.3 applies to an employee if:

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

17.4 Payment of wages under an averaging system

17.5 Payment on termination of employment

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

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

18. Annualised wage arrangements

18.1 Annualised wage instead of award provisions

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

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

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

18.2 Annualised wage not to disadvantage employees

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

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

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

18.3 Base rate of pay for employees on annualised wage arrangements

19. Allowances

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

19.2 First aid allowance

(a) Clause 19.2 applies to an employee who:

(b) The employer must pay the employee an allowance of $12.94 per week.

19.3 Higher duties allowance

19.4 Clothing and footwear allowance

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

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

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

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

19.5 Meal allowance

(a) Clause 19.5 applies to an employee if:

(b) The employer must:

(c) If the number of hours worked under a requirement mentioned in clause 19.5(a) exceeds 4, the employer must pay a further meal allowance of $12.76.

19.6 Vehicle allowance

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

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

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

19.7 Living away from home allowance

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

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

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

19.8 Transport reimbursement for shiftwork

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

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

20. Superannuation

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

20.3 Voluntary employee contributions

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

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

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

20.4 Superannuation fund

(a) CareSuper;

(b) AustralianSuper;

(c) SunSuper;

(d) HESTA;

(e) Statewide Superannuation;

(f) Tasplan;

(g) REI Super;

(h) MTAA Superannuation Fund;

(i) Kinetic Superannuation;

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

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

20.5 Absence from work

(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:

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

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

21. Overtime (employees other than shiftworkers)

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

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

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

(c) outside the spread of ordinary hours; or

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

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

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

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

21.4 Payment for working overtime

(a) The overtime rate in clause 21.1 is the relevant percentage specified in column 2 of Table 5—Overtime rates for employees other than shiftworkers (depending on when the overtime was worked as specified in column 1) of the minimum hourly rate of the employee, under clause 16—Minimum rates, calculated daily.

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

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

21.5 Return to duty

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23.3 An agreement must state all of the following:

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

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

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

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

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

23.5 Time off must be taken:

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

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

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

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

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

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

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

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

24. Penalty rates (employees other than shiftworkers)

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

24.2 Saturday

24.3 Sunday

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

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

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

24.4 Public holidays

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

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

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

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

Part 6—Shiftwork

25. Application of Part

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

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

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

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

25.2 The spread of ordinary hours on shifts referred to in clause 25.1 may be altered by up to one hour at either end:

(a) by agreement between the employer and the majority of employees concerned; or

(b) by individual agreement between the employer and employee.

26. Ordinary hours of work and rostering for shiftwork

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

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

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

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

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

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

(b) a Sunday may be included.

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

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

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

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

27. Breaks for shiftwork

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

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

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

(b) counted as time worked.

27.3 Paid rest break

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

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

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

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

28. Overtime for shiftwork

28.1 An employer must pay an employee on shiftwork overtime rates at the relevant percentage specified in column 2 of Table 6—Overtime rates for shiftwork (depending on when the overtime was worked as specified in column 1) of the minimum hourly rate of the employee, under clause 16—Minimum rates as follows:

Column 1
For all time worked:

Column 2
Overtime rate
(% of minimum hourly rate)

In excess of the ordinary weekly hours fixed in clause 26.1

  

first 3 hours

150

after 3 hours

200

In excess of ordinary daily hours on an ordinary shift

  

first 2 hours

150

after 2 hours

200

Saturday, Sunday or public holiday that is not an ordinary working day

200

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

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

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

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

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

29. Time off instead of payment for overtime for shiftwork

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

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

29.3 An agreement must state all of the following:

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

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

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

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

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

29.5 Time off must be taken:

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

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

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

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

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

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

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

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

30. Rest period after working overtime for shiftwork

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

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

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

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

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

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

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

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

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

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

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

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

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

31. Penalty rates for shiftwork

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

Column 1
Shift

Column 2
Penalty rate
(% of minimum hourly rate)

Afternoon or night

115

Permanent night

130

Saturday, Sunday or public holiday

150

31.2 Despite clause 31.1:

(a) an employee who starts an ordinary shift between 11.00 pm and midnight on a Sunday or public holiday that extends into the next day that is not a public holiday is not entitled to the Sunday or public holiday penalty rate for the time worked on that Sunday or public holiday; but

(b) an employee who starts an ordinary shift between 11.00 pm and midnight on the day before a Sunday or public holiday that extends into that Sunday or public holiday is entitled to the Sunday or public holiday penalty rate for the time worked on that day.

Part 7—Leave and Public Holidays

32. Annual leave

NOTE: Where an employee is receiving over-award payments resulting in the employee’s base rate of pay being 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).

32.1 Annual leave is provided for in the NES.

32.2 Additional paid annual leave for certain shiftworkers

(a) Clause 32.2 applies to an employee who is a shiftworker regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for 7 days a week.

(b) The employee is a shiftworker for the purposes of the NES (entitlement to an additional week of paid annual leave).

32.3 Annual leave loading

(a) During a period of paid annual leave an employer must pay an employee an additional payment in accordance with clause 16—Minimum rates for the employee’s ordinary hours of work in the period.

(b) The additional payment is payable on leave accrued.

(c) For an employee who would have worked on day work only had they not been on leave, the additional payment is the greater of:

(d) For an employee who would have worked on shiftwork had they not been on leave, the additional payment is the greater of:

32.4 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:

(c) The employer must keep a copy of any agreement under clause 32.4 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 32.4, 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.

32.5 Close-down

32.6 Excessive leave accruals: general provision

(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 32.2).

(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 32.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 32.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

32.7 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 32.6(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 32.7(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 32.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 32.7(a) may request to take a period of paid annual leave as if the direction had not been given.

32.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 32.6(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 32.8(a) if:

(c) A notice given by an employee under clause 32.8(a) must not:

(d) An employee is not entitled to request by a notice under clause 32.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 32.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice underclause 32.8(a).

32.9 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 32.9.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 32.9.

(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 32.9 must state:

(e) An agreement under clause 32.9 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 32.9 as an employee record.

33. Personal/carer’s leave and compassionate leave

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

33.2 Subject to clause 33.3, casual employees are entitled to be absent from work (whether by making themselves unavailable for work or by leaving work) to care for a person who requires care or support because of:

(a) illness or an injury; or

(b) an emergency.

33.3 A casual employee may only be absent from work under clause 33.2 for a period of up to 48 hours.

33.4 With the agreement of the employer, a casual employee may be absent from work for a purpose mentioned in clause 33.2 for longer than 48 hours.

33.5 A casual employee is not entitled to be paid for time away from work for a purpose mentioned in clause 33.2.

34. Parental leave and related entitlements

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

35. Community service leave

Community service leave is provided for in the NES.

36. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

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.

37. Public holidays

37.1 Public holidays entitlements are provided for in the NES.

37.2 Where an employee works on a public holiday they will be paid in accordance with clause 24.4(a) (Penalty rates—employees other than shiftworkers)), clause 28.1 (Overtime for shiftwork) or clause 31.1 (Penalty rates for shiftwork).

37.3 Substitution of public holidays by agreement

(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.

37.4 Part-day public holidays

For provisions relating to part-day public holidays see Schedule H—Part-day Public Holidays.

Part 8—Consultation and Dispute Resolution

38. Consultation about major workplace change

38.1 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):

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

38.2 For the purposes of the discussion under clause 38.1(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.

38.3 Clause 38.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

38.4 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 38.1(b).

38.5 In clause 38 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.

38.6 Where this award makes provision for alteration of any of the matters defined at clause 38.5, such alteration is taken not to have significant effect.

39. Consultation about changes to rosters or hours of work

39.1 Clause 39 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.

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

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

(a) provide to the employees and representatives mentioned in clause 39.2 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.

39.4 The employer must consider any views given under clause 39.3(b).

39.5 Clause 39 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

40. Dispute resolution

40.1 Clause 40 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

40.2 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.

40.3 If the dispute is not resolved through discussion as mentioned in clause 40.2, 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.

40.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 40.2 and 40.3, a party to the dispute may refer it to the Fair Work Commission.

40.5 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.

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

40.7 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 40.

40.8 While procedures are being followed under clause 40 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.

40.9 Clause 40.8 is subject to any applicable work health and safety legislation.

Part 9—Termination of Employment and Redundancy

41. Termination of employment

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

41.1 Notice of termination by an employee

(a) Clause 41 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 8—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.

(c) In clause 41.1(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 41.1(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 41.1(b), then no deduction can be made under clause 41.1(d).

(f) Any deduction made under clause 41.1(d) must not be unreasonable in the circumstances.

41.2 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 41.2 is to be taken at times that are convenient to the employee after consultation with the employer.

42. Redundancy

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

42.1 Transfer to lower paid duties on redundancy

(a) Clause 42.1 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:

(c) If the employer acts as mentioned in clause 42.1(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.

42.2 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 42 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.

42.3 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 42.3(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 42.3(b).

(d) An employee who fails to produce proof when required under clause 42.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 41.2.

Schedule A—Classification Structure and Definitions
A.1 Classifying employees
A.1.1 The classification criteria in this Schedule provide guidelines to determine the appropriate classification level of employees covered by this award. In determining that level, consideration must be given to both the characteristics and typical duties and skills of the level.
A.1.2 However, the characteristics are the primary guide to classification as they indicate the level of basic knowledge, comprehension of issues, problems and procedures required and the level of supervision or accountability of the position. The totality of the characteristics must be read as a whole to obtain a clear understanding of the essential features of any particular level and the competency required.
A.1.3 The typical duties and skills are non-exhaustive lists of those that may be required within the particular level. They are an indicative guide only and, at any particular level, employees may be expected to undertake duties of a lower classification level. Depending on the particular task, employees at a given level may perform or exercise one or more duty or skill listed.
A.1.4 The key issue to be looked at in properly classifying an employee is the level of competency and skill that the employee is required to exercise in the work they perform, not the duties they perform as such.

A.2 Level 1
A.2.1 Characteristics

A.2.2 Typical duties and skills

A.2.3 Typical duties and skills—Call centre customer contact trainee

A.3 Level 2
A.3.1 Characteristics

A.3.2 Typical duties and skills

A.3.3 Typical duties and skills—Call centre customer contact officer grade 1

A.4 Level 3
A.4.1 Characteristics

A.4.2 Typical duties and skills

A.4.3 Typical duties and skills—Call centre customer contact officer grade 2

A.5 Call centre principal customer contact specialist

A.6 Level 4
A.6.1 Characteristics

A.6.2 Typical duties and skills

A.6.3 Typical duties and skills—Call centre customer contact team leader

A.7 Level 5
A.7.1 Characteristics

A.7.2 Typical duties and skills required

A.7.3 Typical duties and skills—Call centre principal customer contact leader

A.7.4 An employee must be classified at this level if they hold a Diploma—Front Line Management or equivalent and is employed to perform the duties and skills under clause A.7.2.
A.8 Call centre technical associate
A.8.1 A call centre technical associate is employed to:


Schedule B—Summary of Hourly Rates of Pay

See also Part 4—Wages and Allowances and Part 5—Overtime and Penalty Rates (employees other than shiftworkers).

B.1 Full-time and part-time adult employees other than shiftworkers
B.1.1 Full-time and part-time adult employees other than shiftworkers—ordinary and penalty rates

B.1.2 Full-time and part-time adult employees other than shiftworkers—overtime rates

B.2 Full-time and part-time adult employees—shiftworkers
B.2.1 Full-time and part-time adult shiftworkers—ordinary and penalty rates

B.2.2 Full-time and part-time adult shiftworkers—overtime rates

B.3 Casual adult employees
B.3.1 Casual adult employees other than shiftworkers—ordinary and penalty rates

B.3.2 Casual adult shiftworkers—ordinary and penalty rates

B.4 Junior employees

The junior hourly rate is based on a percentage of the appropriate adult rate in accordance with clause 16.4—Junior employees. Adult rates apply from 21 years of age in accordance with clause 16.4—Junior employees.

B.4.1 Full-time and part-time junior employees other than shiftworkers—ordinary and penalty rates

B.4.2 Full-time and part-time junior employees other than shiftworkers—overtime rates

B.4.3 Full-time and part-time junior employees—shiftworkers—ordinary and penalty rates

B.4.4 Full-time and part-time junior employees—shiftworkers—overtime rates

B.4.5 Casual junior employees other than shiftworkers—ordinary and penalty rates

B.4.6 Casual junior employees—shiftworkers—ordinary and penalty rates

   

Schedule C—Summary of Monetary Allowances

See clause 19—Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances
C.1.1 The following wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for the Level 2, Year 1 classification in clause 16.1 (Minimum rates) = $862.50.

Allowance

Clause

% of standard rate

$

Payable

First aid allowance

19.2(b)

1.5%

12.94

per week

C.1.2 Adjustment of wage-related allowances

C.2 Expense-related allowances
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 19—Allowances:

C.2.2 Adjustment of expense-related allowances

   

Schedule D—Supported Wage System
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:

D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause D.5)
%

Relevant minimum wage
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

D.4.2 Provided that the minimum amount payable must be not less than $87 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5 Assessment of capacity
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.

D.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

D.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.

Schedule E—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started: ___/___/20___ ____ am/pm

Date and time overtime ended: ___/___/20___ ____ am/pm

Amount of overtime worked: _______ hours and ______ minutes

The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule F—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then 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.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule G—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employerrepresentative: ________________________________________

Signature of employerrepresentative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule H—Part-day Public Holidays
H.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
H.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

H.3 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.
H.4 This schedule is not intended to detract from or supplement the NES.

Schedule I—Award Flexibility During the COVID-19 Pandemic
I.1 The provisions of Schedule I are aimed at preserving the ongoing viability of businesses and preserving jobs during the COVID-19 pandemic and not to set any precedent in relation to award entitlements after its expiry date.
I.1.1 Schedule I operates from 28 March 2020 until 30 June 2020. The period of operation can be extended on application to the Fair Work Commission.
I.2 During the operation of Schedule I, the following provisions apply:
I.2.1 Operational flexibility

I.2.2 Part-time employees working from home

I.2.3 Casual employees working from home

I.2.4 Ordinary hours of work for employees working from home

I.2.5 Agreed temporary reduction in ordinary hours

I.2.6 Annual leave

I.2.7 Close down

Schedule 24—Additional Measures During the COVID-19 Pandemic
I.3 Subject to clause X.2.1(d), Schedule X operates from 8 April 2020 until 30 June 2020. The period of operation can be extended on application.
I.4 During the operation of Schedule X, the following provisions apply:
I.4.1 Unpaid pandemic leave