MA000075  PR716633 [Note: a correction and a further correction have 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)

EDUCATIONAL SERVICES (POST-SECONDARY EDUCATION) AWARD 2010
[MA000075]

Educational services

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 14 FEBRUARY 2020

4 yearly review of modern awards – Educational Services (Post-Secondary Education) Award 2010 – modern award varied.

A. Further to the decision [[2020] FWCFB 690] issued by the Full Bench of the Fair Work Commission on 14 February 2020, the Educational Services (Post-Secondary Education) 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 13 April 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 13 April 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Educational Services (Post-Secondary Education) 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 4
4. Coverage 4
5. Individual flexibility arrangements 6
6. Requests for flexible working arrangements 7
7. Facilitative provisions 9
Part 2— Types of Employment and Classifications 9
8. Types of employment 9
9. Full-time employees 10
10. Part-time employees 10
11. Casual employees 11
12. Classifications 16
Part 3— Hours of Work 16
13. Ordinary hours of work 16
14. Breaks 18
Part 4— Wages and Allowances 19
15. Minimum rates 19
16. Payment of wages 24
17. Allowances 25
18. Superannuation 27
Part 5— Overtime and Penalty Rates 29
19. Overtime 29
20. Shiftwork—general employees 32
21. Penalty rates 33
Part 6— Leave and Public Holidays 34
22. Annual leave 34
23. Personal/carer’s leave and compassionate leave 38
24. Parental Leave 38
25. Community service leave 38
26. Unpaid family and domestic violence leave 38
27. Public holidays 39
Part 7— Consultation and Dispute Resolution 39
28. Consultation about major workplace change 39
29. Consultation about changes to rosters or hours of work 40
30. Dispute resolution 40
Part 8— Termination of Employment and Redundancy 41
31. Termination of employment 41
32. Redundancy 43
Schedule A —Classifications—Academic Teachers 45
Schedule B —Classifications—Teachers and Tutor/Instructors 48
Schedule C —Classifications—General Staff 51
Schedule D —Summary of Hourly Rates of Pay—General Staff 67
Schedule E —Summary of Monetary Allowances 73
Schedule F —Supported Wage System 75
Schedule G —Agreement for Time Off Instead of Payment for Overtime 78
Schedule H —Agreement to Take Annual Leave in Advance 79
Schedule I —Agreement to Cash Out Annual Leave 80
Schedule J —Part-day Public Holidays 81

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Educational Services (Post-Secondary Education) 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

In this award, unless the contrary intention appears:

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 the 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 post-secondary educational services industry and their employees (other than trades, cleaning or maintenance staff) employed in the classifications listed in Schedule A—Classifications—Academic Teachers, Schedule B—Classifications—Teachers and Tutor/Instructors and Schedule C—Classifications—General Staff, to the exclusion of any other modern award.

4.2 Post-secondary educational services industry means the provision of education and training to persons over the age of 16 years who have exited the school education system; and includes:

(a) vocational education and training (VET) teaching leading to qualifications recognised within the Australian Qualifications Framework (AQF);

(b) English Language Intensive Courses for Overseas Students (ELICOS) and Teaching English to Speakers of Other Languages (TESOL) teaching;

(c) Languages Other Than English (LOTE) teaching;

(d) English language, literacy and numeracy teaching;

(e) English language teaching in migrant education programmes;

(f) community and adult education teaching not leading to qualifications recognised by the AQF;

(g) undergraduate and postgraduate teaching leading to the conferring of accredited degrees or other higher education qualifications recognised within the AQF, except teaching in a university approved to operate in Australia;

(h) foundation studies programmes or bridging course teaching where the programme or course is preparatory to or articulates with programmes of teaching leading to higher education qualifications recognised within the AQF; and

(i) the employees of any student unions established for students in institutions providing post-secondary educational services.

4.3 This award does not apply to:

(a) any secondary school;

(b) any employer in respect of an employee to whom the Higher Education Industry—Academic Staff—Award 2020 or the Higher Education Industry—General Staff—Award 2020 applies; or

(c) any employer whose principal function is the provision of labour market assistance programs.

4.4 This award does not cover:

(a) employees excluded from award coverage by the Fair Work Act 2009 (Cth) (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.

4.5 This award covers any employer which supplies labour on an on-hire basis in the post-secondary educational services 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 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award covers employers which provide group training services for trainees engaged in the post-secondary educational services 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 herein are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.

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

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).

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 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

13.1(c)

Spread of hours

The majority of employees

13.1(d)(ii)

Ordinary hours of work—general staff—full-time employees

The majority of employees

13.1(d)(iii)

Ordinary hours of work—general staff—full-time employees

The majority of employees

16.1(b)

Payment of wages

The majority of employees

19.4

Time off instead of overtime payment—general staff classified at Level 7 or below

An individual

19.7

Make-up time

An individual

22.4

Annual leave in advance

An individual

22.6

Cashing out of annual leave

An individual

27.2

Substitution of public holidays

An individual

Part 2—Types of Employment and Classifications

8. Types of employment

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

(a) full-time;

(b) part-time;

(c) casual; or

(d) sessional.

8.2 Letter of appointment

(a) On appointment an employer will provide an employee (other than a casual employee) with a letter of appointment stating:

(b) In the case of a sessional teacher this will also state the cessation date of the employment.

9. Full-time employees

A full-time employee is an employee who is engaged to work the ordinary hours of work set out in clause 13—Ordinary hours of work.

10. Part-time employees

10.1 A part-time employee is an employee employed:

(a) for less than the normal ordinary hours specified for a full-time employee; or

(b) in the case of a teaching staff member for less than the face-to-face teaching load of a full-time teaching staff member at that workplace; and

(c) for which all award entitlements are paid or calculated on a pro rata basis by reference to the time worked.

10.2 Before engagement the employer and the part-time employee will agree in writing on a regular pattern of work, including:

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

(b) the days of the week the employee will work;

(c) the starting and finishing times each day where hours are not averaged; and

(d) any periods during a year when work by the employee will not be required.

10.3 Changes in hours may only be made by agreement in writing between the employer and the employee.

10.4 An employer is required to roster a part-time employee for a minimum of 2 consecutive hours on any day.

10.5 A part-time employee must be paid the minimum hourly rate for the relevant classification in clause 15—Minimum rates for each hour worked.

10.6 Except where hours are averaged, all time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

11. Casual employees

11.1 A casual employee is engaged and paid by the hour.

11.2 A casual employee will be paid in accordance with the provisions of clause 15.2.

11.3 A casual employee must be paid at the termination of each engagement, or in accordance with the usual payment methods for full-time employees provided in clause 16—Payment of wages.

11.4 For teachers and tutor/instructors, the minimum payment for each engagement will be for 2 hours’ work calculated in accordance with clause 15.2(b).

11.5 For general staff the minimum payment will be for 3 hours’ work at the appropriate rate.

11.6 Sessional employment

(a) A sessional employee is an employee engaged to work on a full-time or part-time basis for a specified period or periods of not less than 4 weeks or not more than 40 weeks in any calendar year.

(b) A sessional employee receives, on a pro rata basis, pay and conditions equivalent to those of a full-time or part-time teacher with the same qualifications, experience and teaching load.

(c) On termination of a sessional engagement, an employee may elect to be paid out accrued annual leave entitlements or have the employer preserve them for use during a subsequent sessional engagement. Where the accrued leave is not taken within 12 months of it accruing, or the employee is not re-engaged within 8 weeks, the entitlement will be paid out. See also clause 22—Annual leave.

(d) Subject to the employee’s satisfactory conduct and performance, where an equivalent position exists at the expiry of the employee’s period of engagement, the employer will offer a further engagement to the employee.

(e) Where practicable, notice of re-engagement will be given at least 2 weeks prior to the expiry of the current engagement and the employee will give one week’s notice of acceptance to the employer.

11.7 Continuous service

(a) Clause 11.7 applies only to teaching staff members.

(b) For the purposes of the NES:

11.8 Right to request casual conversion (non-teaching staff members)

(a) Clause 11.8 applies to employees other than teaching staff members.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) Any request under clause 11.8 must be in writing and provided to the employer.

(g) 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.

(h) Reasonable grounds for refusal include that:

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

(j) 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.

(k) 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 30—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.

(l) Where it is agreed that a casual employee will have their employment converted to fulltime or part-time employment as provided for in clause 11.8, the employer and employee must discuss and record in writing:

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

(n) 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.

(o) A casual employee must not be engaged and re-engaged (which includes a refusal to reengage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 11.8.

(p) Nothing in clause 11.8 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.

(q) Nothing in clause 11.8 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(r) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of clause 11.8 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 9 May 2019, an employer must provide such employees with a copy of the provisions of clause 11.8 by 9 August 2019.

(s) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.8(r).

11.9 Right to request casual conversion (teaching staff members)

(a) Clause 11.9 applies only to teaching staff members.

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

(c) 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, part-time employee or sessional employee under the provisions of this award.

(d) 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 or sessional employment on a full time basis.

(e) 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 or sessional employment on a part time basis consistent with the pattern of hours previously worked.

(f) Any request under clause 11.9 must be in writing and provided to the employer.

(g) Where a regular casual employee seeks to convert to full-time, part-time or sessional 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.

(h) Reasonable grounds for refusal include:

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

(j) 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.

(k) 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 30—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.

(l) Where it is agreed that a casual employee will have their employment converted to fulltime, part-time or sessional employment as provided for in clause 11.9, the employer and employee must discuss and record in writing:

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

(n) 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.

(o) A casual employee must not be engaged and re-engaged (which includes a refusal to reengage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 11.9.

(p) Nothing in clause 11.9 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.

(q) Nothing in clause 11.9 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(r) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of clause 11.9 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 9 May 2019, an employer must provide such employees with a copy of the provisions of clause 11.9 by 9 August 2019.

(s) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.9(r).

12. Classifications

12.1 All employees covered by this award must be classified according to the classification descriptors set out in Schedule A—Classifications—Academic Teachers, Schedule B—Classifications—Teachers and Tutor/Instructors or Schedule C—Classifications—General Staff.

12.2 Employees must be paid the minimum rate or the minimum annual salary for the classification level in clause 15—Minimum rates.

12.3 Employers must advise their employees in writing of their classification level and of any changes to their classification level.

12.4 The classification by the employer must be according to the principal functions and skill requirements of the employment as determined by the employer.

Part 3—Hours of Work

13. Ordinary hours of work

13.1 Ordinary hours of work—general staff

(a) Ordinary hours of work are worked continuously, except for meal breaks, on:

(b) An employee may be required to work until 8.00 pm on up to a maximum of 8 weekdays within a 28 day period without the entitlement to overtime if the ordinary hours worked do not exceed the number of hours within the nominated cycle.

(c) The spread of hours may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned.

13.2 Ordinary hours of work—academic teachers

(a) For the purposes of the NES, the ordinary hours of work are 38 per week.

(b) An employer is entitled to annualise the hours of work so that they are averaged over 12 months, or where the contract of employment is for less than a calendar year, for the period of employment.

(c) For the purposes of determining the number of hours worked by an academic teacher, the following apply:

13.3 Ordinary hours of work—teachers and tutor/instructors

(a) For the purposes of the NES, the ordinary hours of work are 38 per week.

(b) An employer is entitled to annualise the hours of work so that they are averaged over 12 months, or where the contract of employment is for less than a calendar year, for the period of employment.

(c) For the purpose of determining the number of hours worked by a teacher or tutor/instructor the following apply:

13.4 Where a member of the teaching staff is working annualised hours, the provisions of clause 14—Breaks and clause 19—Overtime will not apply. However those employees will be entitled to an unpaid meal break of at least 30 minutes after 5 hours of work.

14. Breaks

14.1 Paid meal break—shiftworkers

14.2 Unpaid meal breaks—non-shiftworkers

14.3 All employees

(a) An employee must be allowed 2 paid 10 minute rest breaks on each day as follows:

(b) An employee who works more than 4 hours’ overtime on a Saturday morning must be allowed a paid rest break of 10 minutes between starting and finishing work.

(c) An employee working overtime will be allowed a meal break of 20 minutes without deduction of pay after each 4 hours of overtime worked.

(d) If an employee is required to work through their normal meal break the employee will be paid 200% of the minimum hourly rate for all time so worked until the meal break is given.

Part 4—Wages and Allowances

15. Minimum rates

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

15.2 Casual rates—teachers, tutor/instructors and general staff

(a) A teacher and a tutor/instructor will be paid a daily rate except where the engagement is for less than 5 hours when payment will be at the hourly rate. Where an hourly rate is paid, it will be payable for each hour of attendance other than for timetabled tea breaks (in respect of which no more than 15 minutes will be deducted) and timetabled lunch breaks.

(b) Other than as specified in clause 15.1(b), casual rates have been calculated as follows:

Category

Calculation

General staff

Weekly applicable rate for full-time employees divided by 38 plus 25%

Teachers

Daily rate: annual salary divided by 261 plus 25%
Hourly rate: daily casual rate divided by 5

Tutor/instructors

Daily rate: annual salary divided by 261 plus 25%
Hourly rate: daily casual rate divided by 5

15.3 Junior rates

Age

% of adult rate

Under 16 years of age

45

16 years

50

17 years

60

18 years

70

19 years

80

20 years

90

15.4 Higher duties

(a) more than 2 weeks in the case of a general employee classified at Level 7 or below; or

(b) more than 4 weeks in the case of a general employee classified at Level 8 or 9; or

(c) more than 4 weeks in the case of a member of the teaching staff;

15.5 Supported wage system

15.6 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. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Educational Services (Post-Secondary Education) Award 2020 and not the Miscellaneous Award 2010.

16. 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.

16.1 Wages or salaries may be paid either:

(a) weekly or fortnightly, according to the average number of ordinary hours worked each week or fortnight; or

(b) by agreement between the employer and the majority of employees, monthly.

16.2 The employer may elect to pay wages by cash, cheque or by electronic funds transfer (EFT) into an account nominated by the employee with a bank or other financial institution.

16.3 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 16.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

17. 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.

17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.

17.2 Wage-related allowances

17.3 Expense-related allowances

An employee, required to be temporarily away from their usual place of residence in the course of the employer’s business, is entitled to the following:

18. Superannuation

18.1 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.

18.2 Employer contributions

18.3 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 18.2.

(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 clause 18.3(a) and 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clause 18.3(a) or 18.3(b) was made.

18.4 Superannuation fund

(a) AustralianSuper;

(b) Statewide Superannuation Trust;

(c) Tasplan;

(d) UniSuper Limited;

(e) VicSuper;

(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.

Part 5—Overtime and Penalty Rates

19. Overtime

19.1 Overtime—general staff—non–shiftworkers classified at Level 7 or below

19.2 Overtime—general staff—shiftworkers classified at Level 7 or below

(a) For all time worked in excess of the ordinary weekly hours fixed, a shiftworker must be paid:

(b) For all time worked in excess of the ordinary daily hours on an ordinary shift, a shiftworker must be paid

19.3 The overtime rates in clause 19 and the penalty rates in clause 21—Penalty rates are not cumulative. Where an employee is entitled to more than one penalty rate the employee will be entitled to the highest single penalty rate.

19.4 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) 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 19.4.

(c) An agreement must state each of the following:

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

(e) Time off must be taken:

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.4 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.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.4(e), 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.

(h) The employer must keep a copy of any agreement under clause 19.4 as an employee record.

(i) 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.

(j) 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 19.4 will apply, including the requirement for separate written agreements under clause 19.4(b) for overtime that has been worked.

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.4 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

19.5 Rest periods after overtime

(a) An employee who works overtime is entitled to a break of at least 10 hours plus reasonable travelling time, between the end of one period of duty and the start of the next.

(b) An employee who has not had at least 10 consecutive hours’ break must be released at the completion of the overtime until they have had 10 consecutive hours off duty without loss of pay during that absence.

(c) If the employee resumes duty without having 10 consecutive hours’ break they are to be paid at 200% of the minimum hourly rate until they are released from duty and they are then entitled to be absent until they have had 10 consecutive hours’ break, without loss of pay during that absence.

(d) Where the employee is a shiftworker, the required break will be 8 hours instead of 10 in the following circumstances:

19.6 Recall to duty

19.7 Make-up time

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

20. Shiftwork—general employees

20.1 Definitions

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

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

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

20.2 Payment for shiftwork

(a) An employee will be paid the following penalty rates for all ordinary hours worked by the employee during the following periods:

Shift

Penalty rate

Casual penalty rate (inclusive of 25% loading)

 

% of minimum hourly rate

Afternoon and non-permanent night shift

115

140

Permanent night shift

130

155

Saturday, Sunday and Public holiday

150

175

20.3 The penalty rates in clause 20 and in clause 19—Overtime are not cumulative. Where an employee is entitled to more than one penalty rate the employee will be entitled to the highest single penalty rate.

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

21. Penalty rates

21.1 An employee (other than a shiftworker) will be paid the following penalty rates for all ordinary hours worked by the employee during the following periods:

21.2 The penalty rates in clause 21 and in clause 19—Overtime are not cumulative. Where an employee is entitled to more than one penalty rate the employee will be entitled to the highest single penalty rate.

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

Part 6—Leave and Public Holidays

22. Annual leave

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).

22.1 Annual leave is provided for in the NES.

22.2 Clause 22 supplements or deals with matters incidental to the NES provisions. Specific provisions dealing with annual leave for sessional employees can also be found in clause 11.6(c).

22.3 Payment of annual leave

(a) employees who would have worked on day work only had they not been on leave—17.5% of their minimum rate of pay; or

(b) employees who would have worked on shiftwork had they not been on leave—a loading of 17.5% of their minimum rate of pay or the shift loading, whichever is the greater.

22.4 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 22.4 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 22.4, 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.

22.5 Annual close-down

(a) An employer may specify up to 2 close-down periods each year, during which the employer will be closing down its operations.

(b) For these periods an employer may require an employee to take annual leave subject to the requirement that the employee is given notice as soon as practicable of the employer’s intention to close down.

22.6 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.6.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.6.

(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 22.6 must state:

(e) An agreement under clause 22.6 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 22.6 as an employee record.

22.7 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.

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

(d) Clause 22.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

22.8 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 22.7(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 22.8(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 22.8(a) that is in effect.

(d) An employee to whom a direction has been given under clause 22.8(a) may request to take a period of paid annual leave as if the direction had not been given.

22.9 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.7(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 22.9(a) if:

(c) A notice given by an employee under clause 22.9(a) must not:

(d) An employee is not entitled to request by a notice under clause 22.9(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 22.9(a).

23. Personal/carer’s leave and compassionate leave

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

24. Parental Leave

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

24.2 The NES is supplemented by maintaining an entitlement to payment, in relation to maternity leave, adoption leave or paternity leave for employees in the classifications under this award who were entitled to payment for maternity leave, adoption leave or paternity leave in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth);

(a) that applied to the employee or would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) applied to the employee; and

(b) that would have entitled the employee to paid maternity leave, adoption leave or paternity leave.

25. Community service leave

Community service leave is provided for in the NES.

26. 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.

27. Public holidays

27.1 Public holidays are provided for in the NES.

27.2 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.

27.3 Part-day public holidays

Part 7—Consultation and Dispute Resolution

28. Consultation about major workplace change

28.1 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.

28.2 For the purposes of the discussion under clause 28.1(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.

28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

28.4 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 28.1(b).

28.5 In clause 28 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.

28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.

29. Consultation about changes to rosters or hours of work

29.1 Clause 29 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.

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

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

(a) provide to the employees and representatives mentioned in clause 29.2 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.

29.4 The employer must consider any views given under clause 29.3(b).

29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

30. Dispute resolution

30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

30.2 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.

30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, 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.

30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.

30.5 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.

30.6 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.

30.7 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 30.

30.8 While procedures are being followed under clause 30 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.

30.9 Clause 30.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

31. Termination of employment

NOTE 1: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

NOTE 2: Clause 31.1 provides industry specific detail and supplements the NES provisions that deal with termination of employment.

31.1 Notice of termination by an employee

(a) Clause 31.1 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.

(c) In clause 31.1(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 31.1(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 31.1(b), then no deduction can be made under clause 31.1(d).

(f) Any deduction made under clause 31.1(d) must not be unreasonable in the circumstances.

31.2 Notice of termination—teaching staff member

(a) The employment of a teaching staff member (other than a casual employee) will not be terminated without at least 4 weeks’ notice (inclusive of the notice required under the NES) or the payment of 4 weeks’ salary instead of notice.

(b) Where a course, previously scheduled, is cancelled because of the failure of students to attend, or to notify the employer that they would not be attending, or because the employer is otherwise made aware that the course will be undersubscribed and therefore have to be cancelled, and the employer cannot give 4 weeks’ notice of termination of a teaching staff member, notice of at least 2 weeks will be given provided that the minimum notice period required by the NES must be given.

31.3 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 31.3 is to be taken at times that are convenient to the employee after consultation with the employer.

32. Redundancy

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

32.1 Transfer to lower paid duties on redundancy

(a) Clause 32.1 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 32.1(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.

32.2 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 32 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.

32.3 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 32.3, 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 32.3(b).

(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 31.3.

Schedule A—Classifications—Academic Teachers
A.1 A full-time or part-time academic teacher will be paid according to the salary scale set out in clause 15.1(a), and will be eligible for movement to the next salary point within the academic level as set out in the rates of pay as follows:

A.2 Movement to the next salary point within the academic level will only occur when the employee has, over the preceding 12 months:

A.3 Movement to the next salary point will be effective from the anniversary date. In cases where a staff development/performance review is delayed, the anniversary date will not be changed and any increase in salary will be paid retrospectively to the anniversary date unless the delay is related to the acquisition of new skills and greater responsibility in which case the date of acquisition will be the effective date.
A.4 Where an employee has been absent for in excess of 3 months in aggregate during the 12 month period the performance review will be delayed by the period of the absence. Any resultant increase will also be delayed by the same period.
A.5 An academic staff development/performance review will be conducted annually. It will normally be conducted by the relevant supervisor and will be confidential. The aims of the review will include:

A.6 The minimum salary paid to academic teachers employed on a casual basis to deliver lectures or tutorials will be the rates set out in clause 15.1(b), those rates are derived from 3 base rates calculated using the following formulae:

A.7 Classification descriptors

A.7.1 Level A

A.7.2 Level B

A.7.3 Level C

Schedule B—Classifications—Teachers and Tutor/Instructors
B.1 Teachers and tutor/instructors will be paid according to the salary scale set out in clause 15.1(c).
B.1.1 On appointment a teacher will be placed on a salary level commensurate with the minimum salary for their qualifications and experience as determined by this schedule. The progress for a teacher classified as Category A, B, C, or D will be as follows:

B.1.2 If an employer does not accept (fully or in part) the qualifications or experience of a teacher, the employer will advise the teacher in writing what qualifications or experience are not accepted or the extent to which they are not accepted.
B.1.3 Subject to the continuing satisfactory conduct, diligence and performance of a teacher and the acquisition and utilisation of skills and knowledge through experience, progression from one salary level to the next will occur on the completion of a year of full-time experience or equivalent part-time experience.
B.1.4 Where the employer considers that the conduct, diligence or performance of a teacher is not satisfactory or the teacher has not acquired and utilised increased skills and knowledge which could reasonably be expected to be acquired and utilised and for that reason considers that progress to the next salary level is not warranted, a formal review will be undertaken by the employer prior to the date when the increment is due.
B.1.5 When a teacher achieves the further experience or qualifications which entitle the teacher to an increase in salary the increase will be calculated on and from the first pay period after the results of the course are announced or the experience is gained.
B.2 Teachers employed in English language colleges or in TESOL courses
B.2.1 Based on an assessment of a teacher’s qualifications, a teacher will be classified in one of the following categories:

B.2.2 The following experience will be recognised as relevant experience:

B.2.3 Experience as a casual teacher teaching TESOL to adults or secondary students will be credited on the basis of the number of hours taught compared to the number of days or hours normally required of a full-time teacher at the same institution. Provided that for every 110 days during which a casual teacher is engaged they will be deemed to have not less than 6 months’ service.
B.3 Teachers other than TESOL teachers
B.3.1 A teacher other than a TESOL teacher will be classified in accordance with the following:

B.3.2 For the purpose of this schedule experience will mean full-time adult teaching experience or equivalent part-time or casual experience.
B.3.3 Casual experience will be credited on the basis that 800 face-to-face teaching hours is equivalent to one year of full-time experience.
B.4 Tutor/instructors
B.4.1 A Tutor/instructor will be classified in accordance with the following:

B.4.2 For the purpose of this Schedule experience will mean full-time adult teaching experience or equivalent part-time or casual experience.
B.4.3 Casual experience will be credited on the basis that 800 face-to-face teaching hours is equivalent to one year of full-time experience.
B.5 Movement between pay points
B.5.1 An employee will be eligible for movement to the next pay point within the classification structure after each 12 month period, following a performance review which the employer will complete before the end of the 12 month period.
B.5.2 Where an employee has been absent for in excess of 3 months, in aggregate, during the 12 month period the performance review will be delayed by the period of the absence. Any resultant increase will also be delayed by the same period.
B.5.3 Where, due to the employer’s operational requirements, a performance review is not completed before the end of the 12 month period any resultant increase will take effect from the day on which the next 12 month period commenced.
B.5.4 Movement to the next pay point will only occur when the employee has, over the preceding 12 months:

B.5.5 If the requirements in clause B.5.4 are not met at the conclusion of the 12 month period the employee will not progress to the next pay point until such time as the requirements are met.

Schedule C—Classifications—General Staff
C.1 Classification Definitions
C.1.1 Definition 1: Supervision

C.1.2 Definition 2: Qualifications

C.1.3 Definition 3: Classification dimensions

C.1.4 General Staff Level 1

C.1.5 General Staff Level 2

C.1.6 General Staff Level 3

C.1.7 General Staff Level 4

C.1.8 General Staff Level 5

C.1.9 General Staff Level 6

C.1.10 General Staff Level 7

C.1.11 General Staff Level 8

C.1.12 General Staff Level 9

C.2 Movement between pay points
C.2.1 Where there is more than one pay point for a classification level an employee will be eligible for movement to the next pay point within the classification level after each 12 month period, following a performance review that the employer will complete before the end of the 12 month period.
C.2.2 Where an employee has been absent for in excess of 3 months in aggregate during the 12 month period, the performance review will be delayed by the period of the absence. Any resultant increase will also be delayed by the same period.
C.2.3 Where, due to the employer’s operational requirements, a performance review is not completed before the end of the 12 month period any resultant increase will take effect from the day on which the next 12 month period commenced.
C.2.4 Movement to the next pay point within a classification level will only occur when the employee has, over the preceding 12 months:

C.2.5 If the requirements in clause C.2 are not met at the conclusion of the 12 month period the employee will not progress to the next pay point within the classification level until such time as the requirements are met.

Schedule D—Summary of Hourly Rates of Pay—General Staff
D.1 Full-time and part-time adult employees
D.1.1 Full-time and part-time employees other than shiftworkers—general staff—ordinary and penalty rates

 

Ordinary hours

Saturday

Public holiday

 

% of minimum hourly rate

 

100%

125%

250%

 

$

$

$

Level 1

      

1.1

20.73

25.91

51.83

1.2

21.75

27.19

54.38

1.3

22.43

28.04

56.08

Level 2

      

2.1

22.71

28.39

56.78

2.2

23.12

28.90

57.80

Level 3

      

3.1

23.97

29.96

59.93

3.2

25.18

31.48

62.95

Level 4

      

4.1

25.86

32.33

64.65

4.2

26.88

33.60

67.20

Level 5

      

5.1

28.70

35.88

71.75

5.2

30.06

37.58

75.15

Level 6

      

6.1

30.81

38.51

77.03

6.2

32.63

40.79

81.58

Level 7

      

7.1

33.38

41.73

83.45

7.2

35.37

44.21

88.43

Level 8

37.59

46.99

93.98

Level 9

39.74

49.68

99.35

D.1.2 Full-time and part-time employees other than shiftworkers—general staff—overtime rates

 

Monday to Saturday

Sunday

Public holiday

 

First 2 hours

After 2 hours

    
 

% of minimum hourly rate

 

150%

200%

200%

250%

 

$

$

$

$

Level 1

        

1.1

31.10

41.46

41.46

51.83

1.2

32.63

43.50

43.50

54.38

1.3

33.65

44.86

44.86

56.08

Level 2

        

2.1

34.07

45.42

45.42

56.78

2.2

34.68

46.24

46.24

57.80

Level 3

        

3.1

35.96

47.94

47.94

59.93

3.2

37.77

50.36

50.36

62.95

Level 4

        

4.1

38.79

51.72

51.72

64.65

4.2

40.32

53.76

53.76

67.20

Level 5

        

5.1

43.05

57.40

57.40

71.75

5.2

45.09

60.12

60.12

75.15

Level 6

        

6.1

46.22

61.62

61.62

77.03

6.2

48.95

65.26

65.26

81.58

Level 7

        

7.1

50.07

66.76

66.76

83.45

7.2

53.06

70.74

70.74

88.43

Level 81

–

–

–

–

Level 91

–

–

–

–

D.1.3 Full-time and part-time shiftworkers—general staff—ordinary and penalty rates

 

Ordinary hours

Afternoon & night

Permanent night

Saturday, Sunday or public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

 

$

$

$

$

Level 1

        

1.1

20.73

23.84

26.95

31.10

1.2

21.75

25.01

28.28

32.63

1.3

22.43

25.79

29.16

33.65

Level 2

        

2.1

22.71

26.12

29.52

34.07

2.2

23.12

26.59

30.06

34.68

Level 3

        

3.1

23.97

27.57

31.16

35.96

3.2

25.18

28.96

32.73

37.77

Level 4

        

4.1

25.86

29.74

33.62

38.79

4.2

26.88

30.91

34.94

40.32

Level 5

        

5.1

28.70

33.01

37.31

43.05

5.2

30.06

34.57

39.08

45.09

Level 6

        

6.1

30.81

35.43

40.05

46.22

6.2

32.63

37.52

42.42

48.95

Level 7

        

7.1

33.38

38.39

43.39

50.07

7.2

35.37

40.68

45.98

53.06

Level 8

37.59

43.23

48.87

56.39

Level 9

39.74

45.70

51.66

59.61

D.1.4 Full-time and part-time shiftworkers—general staff—overtime rates

D.2 Casual adult employees
D.2.1 Casual employees other than shiftworkers—general staff—ordinary and penalty rates

 

Ordinary hours

Saturday

Public holiday

 

% of minimum hourly rate

 

125%

150%

275%

 

$

$

$

Level 1

      

1.1

25.91

31.10

57.01

1.2

27.19

32.63

59.81

1.3

28.04

33.65

61.68

Level 2

      

2.1

28.39

34.07

62.45

2.2

28.90

34.68

63.58

Level 3

      

3.1

29.96

35.96

65.92

3.2

31.48

37.77

69.25

Level 4

      

4.1

32.33

38.79

71.12

4.2

33.60

40.32

73.92

Level 5

      

5.1

35.88

43.05

78.93

5.2

37.58

45.09

82.67

Level 6

      

6.1

38.51

46.22

84.73

6.2

40.79

48.95

89.73

Level 7

      

7.1

41.73

50.07

91.80

7.2

44.21

53.06

97.27

Level 8

46.99

56.39

103.37

Level 9

49.68

59.61

109.29

D.2.2 Casual shiftworkers—general staff—ordinary and penalty rates

 

Ordinary hours

Afternoon & night

Permanent night

Saturday, Sunday or public holiday

 

% of minimum hourly rate

 

125%

140%

155%

175%

 

$

$

$

$

Level 1

        

1.1

25.91

29.02

32.13

36.28

1.2

27.19

30.45

33.71

38.06

1.3

28.04

31.40

34.77

39.25

Level 2

        

2.1

28.39

31.79

35.20

39.74

2.2

28.90

32.37

35.84

40.46

Level 3

        

3.1

29.96

33.56

37.15

41.95

3.2

31.48

35.25

39.03

44.07

Level 4

        

4.1

32.33

36.20

40.08

45.26

4.2

33.60

37.63

41.66

47.04

Level 5

        

5.1

35.88

40.18

44.49

50.23

5.2

37.58

42.08

46.59

52.61

Level 6

        

6.1

38.51

43.13

47.76

53.92

6.2

40.79

45.68

50.58

57.10

Level 7

        

7.1

41.73

46.73

51.74

58.42

7.2

44.21

49.52

54.82

61.90

Level 8

46.99

52.63

58.26

65.78

Level 9

49.68

55.64

61.60

69.55

   

Schedule E—Summary of Monetary Allowances

See clause 17—Allowances for full details of allowances payable under this award.

E.1 Wage-related allowances
E.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for Level 2.1 in clause 15.1(d) = $863.00.

Allowance

Clause

% of standard rate

$

Payable

First aid allowance

17.2(a)

1.5

12.95

per week

E.1.2 Adjustment of wage-related allowances

E.2 Expense-related allowances

Allowance

Clause

$

Payable

Laundry allowance

17.3(b)

3.55

per week

Meal allowance—overtime

17.3(c)(i)

15.94

per occasion

Further meal allowance—overtime exceeding 4 hours

17.3(c)(ii)

12.76

per occasion

Vehicle allowance—use of own motor vehicle—Motor car

17.3(g)(i)

0.78

per km

Vehicle allowance—use of own motor vehicle—Motorcycle

17.3(g)(ii)

0.26

per km

E.2.1 Adjustment of expense-related allowances

Allowance

Applicable Consumer Price Index figure

Meal allowance

Take away and fast foods sub-group

Laundry allowance

Clothing and footwear group

Vehicle allowance

Private motoring sub-group

   

Schedule F—Supported Wage System
F.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.
F.2 In this schedule:

F.3 Eligibility criteria
F.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.
F.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.
F.4 Supported wage rates
F.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 F.5)
%

Relevant minimum wage
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

F.4.2 Provided that the minimum amount payable must be not less than $87 per week.
F.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
F.5 Assessment of capacity
F.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.
F.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.
F.6 Lodgement of SWS wage assessment agreement
F.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.
F.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.
F.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.

F.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.

F.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.

F.10 Trial period
F.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.
F.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.
F.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
F.10.4 Work trials should include induction or training as appropriate to the job being trialled.
F.11 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 F.5.

Schedule G—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 H—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 I—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 employer representative: ________________________________________

Signature of employer representative: ________________________________________

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 J—Part-day Public Holidays
J.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
J.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:

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