| MA000115 PR718114 |
| FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards
(AM2019/17)
ABORIGINAL COMMUNITY CONTROLLED HEALTH
SERVICES AWARD 2010
[MA000115]
|
Indigenous organisations and services |
|
|
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 9 APRIL 2020 |
4 yearly review of modern awards – Aboriginal Community Controlled Health Services Award 2010 – modern award varied – correction.
A. The determination issued by the Full Bench on 14 February 2020 [PR716550] is corrected as follows:
1. By deleting the clauses and schedules attached in the determination issued on 14 February 2020 and inserting the new 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
Aboriginal Community Controlled Health Services 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 5
6. Requests for flexible working arrangements 6
7. Facilitative provisions 8
Part 2— Types of Employment and Classifications
8
8. Types of employment 8
9. Full-time employees 9
10. Part-time employees 9
11. Casual employees 9
12. Classifications 11
Part 3— Hours of Work 12
13. Ordinary hours of work 12
14. Rostering arrangements 12
15. Unpaid meal breaks 12
Part 4— Wages and Allowances 13
16. Minimum rates 13
17. Payment of wages 17
18. Allowances 18
19. Superannuation 20
Part 5— Overtime and Penalty Rates 22
20. Overtime 22
21. Shiftwork 25
Part 6— Leave and Public Holidays 26
22. Annual leave 26
23. Personal/carer’s leave and compassionate
leave 30
24. Parental leave and related
entitlements 30
25. Community service leave
30
26. Ceremonial leave 30
27. Unpaid family and domestic violence leave 30
28. Public holidays 30
Part 7— Consultation and Dispute Resolution
31
29. Consultation about major workplace
change 31
30. Consultation about changes
to rosters or hours of work 32
31. Dispute
resolution 32
Part 8— Termination
of Employment and Redundancy 33
32.
Termination of employment 33
33. Redundancy
34
Schedule A —Classification Definitions
36
Schedule B —Summary of Hourly
Rates of Pay 47
Schedule C —Summary
of Monetary Allowances 65
Schedule
D —Supported Wage System 67
Schedule E —Agreement for Time Off Instead of Payment for Overtime 70
Schedule F —Agreement to Take Annual Leave
in Advance 71
Schedule G —Agreement
to Cash Out Annual Leave 72
Schedule
H —Part-day Public Holidays 73
Schedule X —Additional Measures During the
COVID-19 Pandemic 75
Part 1—Application and Operation of this Award
1.1 This award is the Aboriginal Community Controlled Health Services 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.
In this award, unless the contrary intention appears:
Aboriginal and/or Torres Strait Islander knowledge
and cultural skills—level 1 has the meaning given in clause
A.1.1.
Aboriginal
and/or Torres Strait Islander knowledge and cultural skills—level 2 has
the meaning given in clause A.1.2.
Aboriginal and/or Torres Strait Islander knowledge
and cultural skills—level 3 has the meaning given in clause
A.1.3.
Aboriginal
community controlled health services has the meaning given in clause 4.2.
Act means the Fair Work Act 2009 (Cth).
bilingual has the meaning given in clause
18.2(a)(i).
defined benefit member has the meaning given by
the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within
the meaning of the
Act.
employer means national system employer within
the meaning of the
Act.
exempt public sector superannuation scheme
has the meaning given by the Superannuation Industry (Supervision) Act 1993
(Cth).
MySuper product has the meaning
given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the
National Employment Standards as contained in
sections 59
to 131 of the
Act.
on-hire means the on-hire of an employee by
their employer to a client, where such employee works under the general guidance
and instruction of the client or a representative of the client.
standard rate means the
minimum weekly rate for an Aboriginal and/or Torres Strait Islander Health Worker
Grade 2 Level 1 in clause 16.1(a).
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.
4.1 This industry award covers employers throughout Australia in the Aboriginal community controlled health services industry and their employees in the classifications listed in clause 16—Minimum rates to the exclusion of any other modern award.
4.2 Aboriginal community controlled health services are incorporated Aboriginal organisations, initiated and based in an Aboriginal community. They are governed by a representative Aboriginal Board of Management which is elected by the local Aboriginal community. They deliver holistic and culturally appropriate health and well-being services to the Aboriginal community which controls them.
4.3 This award covers any employer which supplies labour on an on-hire basis in the Aboriginal community controlled health 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 4.3 operates subject to the exclusions from coverage in this award.
4.4 This award covers employers which provide group training services for trainees engaged in the Aboriginal community controlled health 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 4.4 operates subject to the exclusions from coverage in this award.
(a) an employee excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
6.1 Employee may request change in working arrangements
Clause 6 applies where
an employee has made a request for a change in working arrangements under section 65
of the
Act.
NOTE 1: Section 65
of the
Act
provides for certain employees to request a change in their working arrangements
because of their circumstances, as set out in section 65(1A). Clause
6 supplements or deals with matters incidental to
the
NES provisions.
NOTE 2: An
employer may only refuse a section 65 request for a change in working arrangements
on ‘reasonable business grounds’ (see section 65(5) and (5A)).
NOTE 3: Clause
6 is an addition to section 65.
Before responding to a request made under section 65, the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:
(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.
NOTE 1: The employer must give the
employee a written response to an employee’s section 65 request within
21 days, stating whether the employer grants or refuses the request (section 65(4)).
NOTE 2: If the employer refuses the
request, then the written response must include details of the reasons for the
refusal (section 65(6)).
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:
(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances; and
(ii) if the employer can offer the employee such changes in working arrangements, set out those changes in working arrangements.
6.4 What the written response must include if a different change in working arrangements is agreed
If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee, then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.
6.5 Dispute resolution
Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6, can be dealt with under clause 31—Dispute resolution.
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: |
|
Time off instead of payment for overtime |
An individual |
|
|
Annual leave in advance |
An individual |
|
|
Cashing out of annual leave |
An individual |
|
|
Public holidays—substitution |
Part 2—Types of Employment and Classifications
8.1 Employment categories
Employees under this award will be employed in one of the following categories:
(a) full-time employment;
(b) part-time employment; or
(c) casual employment.
8.2 At the time of engagement an employer will inform each employee in writing whether they are employed on a full-time, part-time or casual basis.
8.3 An employer may direct an employee to carry out such duties that are within the limits of the employee’s skill, competence and training, consistent with the respective classification of that employee.
A full-time employee is engaged to work 38 hours per week or an average of 38 ordinary hours per week in accordance with clauses 13—Ordinary hours of work and 14—Rostering arrangements.
10.1 A part-time employee is an employee who:
(a) is engaged to work less than an average of 38 ordinary hours per week;
(b) has reasonably predictable hours of work; and
(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
10.2 Before commencing employment, the employer and 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) and the starting and finishing times each day.
10.3 The terms of the agreement may be varied by agreement and recorded in writing.
10.4 A part-time employee will be rostered for a minimum of 4 consecutive hours on any shift.
10.5 All time worked in excess of the hours as mutually arranged or varied will be overtime and paid for at the rates prescribed in clause 20—Overtime.
11.1 A casual employee is engaged as such on an hourly basis.
11.2 Unless otherwise stated, for each hour worked a casual employee will be paid:
(a) the minimum hourly rate for the employee’s classification; and
(b) a casual loading of 25% instead of the paid leave entitlements of full-time and part-time employees.
11.3 The minimum period of engagement of a casual employee is 3 hours.
11.4 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 11.4 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:
(i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award—that is, the casual employee is not truly a regular casual employee as defined in clause 11.4(b);
(ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or
(iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.
(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 31—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 11.4, the employer and employee must discuss and record in writing:
(i) the form of employment to which the employee will convert—that is, full-time or part-time employment; and
(ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 10.2.
(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 11.4.
(o) Nothing in clause 11.4 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 11.4 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 11.4 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 11.4 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 11.4(q).
12.1 Classification definitions are set out in Schedule A—Classification Definitions.
12.2 Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification.
13.1 The ordinary hours of work for a full-time employee are an average of 38 hours per week over a fortnight.
13.2 No more than 10 ordinary hours of work (exclusive of meal breaks) can be worked in any one day.
(a) Unless otherwise stated, ordinary hours are worked between 7.00 am and 7.00 pm, Monday to Friday.
(b) Ordinary hours of work for shiftworkers will be worked from Monday to Sunday inclusive.
14.1 The starting and finishing time for each day will not be changed without at least 7 working days’ notice unless:
(i) the absence of other employees; or
(ii) a shortage of staff; or
(b) with the consent of the employee.
14.2 The period of notice for casual employees of a change in starting and finishing time for each day will be at least 24 hours.
15.1 An employee who works more than 5 hours will be entitled to an unpaid meal break of between 30 and 60 minutes.
15.2 The time of taking the meal break may be varied by agreement between the employer and employee.
(a) Aboriginal and/or Torres Strait Islander Health Worker/Aboriginal and/or Torres Strait Islander Community Health Worker employees
|
Employee classification |
Minimum weekly rate
|
Minimum hourly rate |
|
$ |
$ |
|
|
Grade 1 |
||
|
Level 1 |
822.70 |
21.65 |
|
Level 2 |
881.60 |
23.20 |
|
Level 3 |
911.70 |
23.99 |
|
Grade 2 |
||
|
Level 1 |
959.30 |
25.24 |
|
Level 2 |
1009.50 |
26.57 |
|
Level 3 |
1058.60 |
27.86 |
|
Grade 3 |
||
|
Level 1 |
1088.10 |
28.63 |
|
Level 2 |
1117.40 |
29.41 |
|
Level 3 |
1143.10 |
30.08 |
|
Grade 4 |
||
|
Level 1 |
1170.40 |
30.80 |
|
Level 2 |
1197.90 |
31.52 |
|
Level 3 |
1226.90 |
32.29 |
(b) Administrative employees
An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:
|
Employee classification |
Minimum weekly rate
|
Minimum hourly rate |
|
$ |
$ |
|
|
Grade 1 |
||
|
Level 1 |
816.60 |
21.49 |
|
Level 2 |
819.60 |
21.57 |
|
Level 3 |
836.90 |
22.02 |
|
Level 4 |
848.70 |
22.33 |
|
Level 5 |
873.30 |
22.98 |
|
Grade 2 |
||
|
Level 1 |
886.80 |
23.34 |
|
Level 2 |
902.40 |
23.75 |
|
Level 3 |
918.00 |
24.16 |
|
Level 4 |
931.40 |
24.51 |
|
Level 5 |
947.30 |
24.93 |
|
Grade 3 |
||
|
Level 1 |
964.30 |
25.38 |
|
Level 2 |
981.50 |
25.83 |
|
Level 3 |
992.20 |
26.11 |
|
Level 4 |
1009.90 |
26.58 |
|
Grade 4 |
||
|
Level 1 |
1025.70 |
26.99 |
|
Level 2 |
1050.40 |
27.64 |
|
Level 3 |
1069.20 |
28.14 |
|
Level 4 |
1089.00 |
28.66 |
|
Grade 5 |
||
|
Level 1 |
1110.60 |
29.23 |
|
Level 2 |
1133.70 |
29.83 |
|
Level 3 |
1157.40 |
30.46 |
|
Grade 6 |
||
|
Level 1 |
1170.80 |
30.81 |
|
Level 2 |
1192.80 |
31.39 |
|
Level 3 |
1217.60 |
32.04 |
|
Level 4 |
1264.30 |
33.27 |
|
Level 5 |
1302.00 |
34.26 |
|
Grade 7 |
||
|
Level 1 |
1333.00 |
35.08 |
|
Level 2 |
1369.00 |
36.03 |
|
Level 1 |
1383.00 |
36.39 |
|
Level 2 |
1418.50 |
37.33 |
|
Level 3 |
1466.10 |
38.58 |
|
Level 4 |
1500.80 |
39.49 |
(c) Dental employees
An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:
|
Employee classification |
Minimum weekly rate
|
Minimum hourly rate |
|
$ |
$ |
|
|
Dental Assistant |
||
|
Grade 1 |
778.60 |
20.49 |
|
Grade 2 |
794.60 |
20.91 |
|
Grade 3 |
811.00 |
21.34 |
|
Grade 4 |
862.50 |
22.70 |
|
Grade 5 |
891.70 |
23.47 |
|
Dental Therapist Grade 1 |
||
|
Level 1 |
933.00 |
24.55 |
|
Level 2 |
957.40 |
25.19 |
|
Level 3 |
988.20 |
26.01 |
|
Level 4 |
1026.30 |
27.01 |
|
Level 5 |
1076.90 |
28.34 |
|
Level 6 |
1126.60 |
29.65 |
|
Level 7 |
1164.80 |
30.65 |
|
Dental Therapist Grade 2 |
||
|
Level 1 |
1181.30 |
31.09 |
|
Level 2 |
1208.00 |
31.79 |
|
Level 3 |
1233.70 |
32.47 |
|
Level 4 |
1255.80 |
33.05 |
|
Level 5 |
1284.10 |
33.79 |
(d) Ancillary employees
An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:
|
Employee classification |
Minimum weekly rate
|
Minimum hourly rate |
|
$ |
$ |
|
|
Cleaner |
810.40 |
21.33 |
|
Driver—Grade 1 |
844.10 |
22.21 |
|
Driver—Grade 2 |
866.20 |
22.79 |
|
Caretaker |
866.20 |
22.79 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
A junior employee will be paid the following percentage of the minimum rate prescribed by this award for the appropriate adult classification:
|
Age |
% of the appropriate adult rate |
|
At 16 years and under |
50% |
|
At 17 years |
60% |
|
At 18 years |
70% |
|
At 19 years |
80% |
|
At 20 years |
90% |
16.3 Higher duties
An employee engaged for one day or more during any pay period on duties carrying a higher rate than their ordinary classification will be paid an allowance equal to the difference between the rate of pay for their ordinary classification and the minimum rate of pay for the higher classification.
16.4 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.
(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 Aboriginal Community Controlled Health Services Award 2020 and not the Miscellaneous Award 2010.
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 Wages will be paid weekly or fortnightly.
17.2 Wages will be paid by cash, cheque, or electronic funds transfer into the bank or financial institution account nominated by the employee, as determined by the employer.
17.3 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:
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 17.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the
Act
provides that an employer must not terminate an employee’s employment
unless the employer has given the employee the required minimum period of notice
or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause
17.3(b) allows the Commission to make an order delaying
the requirement to make a payment under clause 17.3.
For example, the Commission could make an order delaying the requirement to
pay redundancy pay if an employer makes an application under section 120
of the
Act for the Commission to reduce the amount of redundancy pay an employee
is entitled to under the
NES.
NOTE 3: State
and Territory long service leave laws or long service leave entitlements under
section 113 of the
Act,
may require an employer to pay an employee for accrued long service leave on
the day on which the employee’s employment terminates or shortly after.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
(a) Bilingual qualification allowance
(i) Bilingual means a recognised proficiency in English as well as any one of the languages normally used by the employer’s customers/clients.
(ii) In recognition of the increased effectiveness and productivity of bilingual employees, an employee who is competently bilingual and who is regularly required in the course of their duties to use one or more of these languages in addition to English will be paid an annual allowance of:
|
Level |
$ per annum |
|
Level 1 |
1985.08 |
|
Level 2 |
3973.23 |
(iii) For the purposes of clause 18.2(a):
• Level 1 is an elementary level.
This level of accreditation is appropriate for employees who are capable
of using a minimal knowledge of language for the purpose of simple communication.
• Level 2 represents a level
of ability for the ordinary purposes of general business, conversation,
reading and writing.
18.3 Expense-related allowances
(a) Clothing and laundry allowances
Where the employer requires an employee
to wear any special clothing such as a uniform, overalls or suitable
industrial clothing, safety boots or shoes, the employer must:
• reimburse the employee the
cost of purchasing a reasonable number of such special items of clothing;
or
• provide the employee
with the items of special clothing; or
• by agreement with the employee,
pay the employee the lesser of $1.20 per day or part thereof on duty
or $5.92 per week.
Where an employer requires an employee
to wear any special clothing in accordance with clause
18.3(a)(i), the employer will also:
• provide reasonable laundering
and maintenance of such clothing free of cost; or
• reimburse the employee for reasonable
laundering and maintenance of such clothing; or
• pay the employee the lesser of
$0.26 per day or part thereof on duty and $1.29 per week.
(iii) All special clothing provided by the employer will remain the property of the employer.
(iv) The clothing allowance but not the laundry allowance will be paid during all absences on leave, except absences on long service leave and absences on personal/carer’s leave beyond 21 days.
(v) Where, prior to the taking of leave, an employee was paid a clothing allowance other than at the weekly rate, the rate to be paid during absence on leave will be an average of the allowance paid during the 4 weeks immediately preceding the taking of leave.
(b) Travelling, transport and fares
(i) An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of not less than $0.78 per kilometre.
(ii) When an employee is involved in travelling on duty, all reasonably incurred expenses with respect to fares, meals and accommodation will be met by the employer on production of receipts or other evidence acceptable to the employer.
(iii) The employee and employer must agree prior to travel commencing as to the standard of travel, accommodation and meals to be paid before any allowance is paid.
(iv) The employee will not be entitled to reimbursement for expenses referred to in clause 18.3(b)(ii) which exceed the mode of transport, meals or the standard of accommodation agreed with the employer, for these purposes.
(v) Where an employee is required to work at a place away from their normal place of work, all time reasonably spent travelling to and from the place of work will be paid for at the minimum hourly rate for the employee’s classification and level.
(i) An employee required to work more than one hour after the usual finishing time or, in the case of a shiftworker, when the overtime work on any shift exceeds one hour, the employer must:
• supply an adequate meal,
where the employer has adequate cooking and dining facilities; or
• pay a meal allowance of $13.29
in addition to any overtime payments.
(ii) Where overtime work referred to in clause 18.3(c)(i) exceeds 4 hours, an additional meal allowance of $11.98 must be paid.
(iii) Clauses 18.3(c)(i) and 18.3(c)(ii) will not apply when an employee could reasonably return home for a meal within the meal break.
(iv) On request, the meal allowance will be paid on the same day as the overtime is worked.
19.1 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.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
19.3 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 19.2.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.
(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor:
(a) AustralianSuper; or
(b) HESTA Super; or
(c) 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
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
20.1 Overtime rates
(a) The employee will be paid at 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate thereafter for all work performed:
(i) in excess of the number of hours fixed as a day’s, a week’s or a fortnight’s work (as the case may be); or
(ii) outside the span of hours in clause 13.3(a).
For all work performed by an employee rostered to work a broken shift, the employee will be paid:
(i) for work outside a spread of 9 hours from the time of commencing work—150% of the minimum hourly rate; and
(ii) for work outside a spread of 12 hours from the time of commencing work—200% of the minimum hourly rate.
20.2 Minimum engagement for weekend and public holiday work
An employee required to work overtime on a Saturday, Sunday or public holiday, will be engaged for at least 4 hours’ or paid for 4 hours’ work at the appropriate rate, except where such overtime is continuous with overtime commenced on the previous day.
20.3 These extra rates will be in substitution for and not cumulative upon the shift penalty rates prescribed in clause 21—Shiftwork.
20.4 Rest period after overtime
(a) If an employee works so much overtime between the end of their ordinary hours on one day and the start of ordinary hours on the next day that they do not have at least 10 consecutive hours off duty, the employer must:
(i) release the employee after the end of the overtime until the employee has had at least 10 consecutive hours off duty; and
(ii) pay the employee for any ordinary working time that falls within the period of absence.
(b) If the employer requires the employee to resume or continue work, and the employee has not had 10 consecutive hours off duty, the employer must:
(i) pay the employee at 200% of the minimum hourly rate until the employee is released for 10 consecutive hours; and
(ii) once the employee is released from duty, pay the employee for any ordinary working time that falls within the period of absence.
20.5 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) 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 20.5.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iii) 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;
(iv) that any payment mentioned in clause 20.5(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 20.5 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.5 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 20.5 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.5(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 20.5 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 20.5 will apply, including the requirement for separate written agreements under clause 20.5(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 20.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
(a) If an employee is rostered by the employer to remain on-call and in readiness to be recalled to work after ordinary working hours, the employee will be paid an on-call allowance of:
(i) $18.90 for any 24 hour period or part thereof during which the employee is on-call during an off duty period; or
(ii) $37.80 for any 24 hour period or part thereof on any public holiday during which the employee is on-call.
(b) An employee who is on-call and is recalled for duty for any period during an off duty period, will be paid from the time of receiving recall until the time of finishing recall duty, with a minimum of one hour’s payment for such recall at the following rates:
(i) within a spread of 12 hours from the commencement of the last period of ordinary duty—150% of the minimum hourly rate;
(ii) outside a spread of 12 hours from the commencement of the last period of ordinary duty—200% of the minimum hourly rate; or
(iii) on days observed as public holidays—200% of the minimum hourly rate.
(c) If the employee is recalled and does not have an uninterrupted break of 6 hours between midnight and the time of commencement of the next period of ordinary duty, the employee will be entitled to 6 hours off duty from the time of finishing the last recall to the time of commencing the next period of duty without loss of pay.
(d) An employee who is recalled to work overtime during an off duty period and which is not continuous with the next succeeding rostered period of duty will be paid for a minimum of 3 hours’ work at the appropriate overtime rate.
(e) Clause 20.6(d) will not apply:
(i) in cases where it is customary for an employee to return to the employer’s premises for periods not exceeding 30 minutes each to perform a specific job outside their ordinary working hours in which case the employee will be paid for a minimum of one hour’s work at the appropriate rate for each time the employee is so recalled; or
(ii) where the overtime is continuous (subject to a reasonable meal break) with the commencement of ordinary working time.
20.7 In the event of an employee finishing any period of overtime at a time when reasonable means of transport are not available for the employee to return to their place of residence, the employer will provide adequate transport free of cost to the employee.
21.1 If the ordinary rostered hours of work of an employee start or finish between 7.00 pm and 7.00 am, the employee will be paid at 115% of the minimum hourly rate for their classification.
21.2 If a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am the employee will be paid at 130% of the minimum hourly rate for their classification for that shift.
21.3 A shiftworker will be paid at 150% of the minimum hourly rate for their classification for ordinary hours worked on a Saturday.
21.4 A shiftworker will be paid at 200% of the minimum hourly rate for their classification for ordinary hours worked on a Sunday.
21.5 Shift penalty rates for casual employees are calculated upon the employee’s minimum hourly rate, prior to the addition of the 25% casual loading.
21.6 The whole of a shift will be deemed to be worked on the day on which the shift commenced.
Part 6—Leave and Public Holidays
22.1 Leave entitlement
(a) Annual leave is provided for in the NES. Clause 22 contains additional provisions. It does not apply to casual employees.
(b) For the purpose of the NES a shiftworker is defined as an employee who is regularly rostered to work ordinary shifts on Sundays and public holidays (that is, not less than 10 in any 12 month period).
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).
22.2 Annual leave loading
(a) In addition to their ordinary pay, an employee, other than a shiftworker, will be paid an annual leave loading of 17.5% of their ordinary rate of pay.
(b) Shiftworkers, in addition to their ordinary pay, will be paid the higher of:
(i) an annual leave loading of 17.5% of their ordinary rate of pay; or
(ii) the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.
22.3 Close-down
An employer may require an employee to take annual leave as part of a close-down of its operations by giving at least 4 weeks’ notice.
22.4 Public holidays falling during annual leave
Annual leave will be exclusive of any public holidays prescribed in the NES or clause 28—Public holidays of this award.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 22.5 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.5 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.5, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
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:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 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.
NOTE 1: Under section 344 of
the
Act,
an employer must not exert undue influence or undue pressure on an employee
to make, or not make, an agreement under clause 22.6.
NOTE 2: Under section 345(1)
of the
Act,
a person must not knowingly or recklessly make a false or misleading representation
about the workplace rights of another person under clause
22.6.
NOTE 3: An
example of the type of agreement required by clause 22.6
is set out at Schedule G—Agreement
to Cash Out Annual Leave. There is no requirement to use the form of agreement
set out at Schedule G—Agreement
to Cash Out Annual Leave.
22.7 Excessive leave accruals: general provision
NOTE: Clauses 22.7 to 22.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 22.1(b)).
(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):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 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.
NOTE 1: Paid annual leave arising
from a request mentioned in clause 22.8(d) may result
in the direction ceasing to have effect. See clause 22.8(b)(i).
NOTE 2: Under section 88(2)
of the
Act,
the employer must not unreasonably refuse to agree to a request by the employee
to take paid annual leave.
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:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 22.8(a) that, when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 22.9(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.7, 22.8 or 22.9 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 22.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 22.1(b)) 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 and related entitlements
Parental leave and related entitlements are provided for in the NES.
Community service leave is provided for in the NES
An employee who is legitimately required by indigenous tradition to be absent from work for Aboriginal and/or Torres Strait Islander ceremonial purposes will be entitled to up to 10 working days unpaid leave in any one year, with the approval of the employer.
27. 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.
28.1 Public holiday entitlements are provided for in the NES.
28.2 Payment for working on a public holiday
(a) Any employee required to work on a public holiday will be paid as follows:
(i) at the rate of 250% of the minimum hourly rate for all time worked; or
(ii) at the rate of 150% of the minimum hourly rate, plus one day off at the ordinary time rate, that is, an hour for each hour worked.
(b) Casual employees who are required to work on public holidays will, instead of the casual loading in clause 11.2(b), be paid an additional 50% of the minimum hourly rate for such work.
(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.
28.4 Part-day public holidays
For provisions relating to part-day public holidays see Schedule H—Part-day Public Holidays.
Part 7—Consultation and Dispute Resolution
29. Consultation about major workplace change
29.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
29.2 For the purposes of the discussion under clause 29.1(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.
29.3 Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
29.4 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 29.1(b).
29.5 In clause 29 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.
29.6 Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.
30. Consultation about changes to rosters or hours of work
30.1 Clause 30 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.
30.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).
30.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 30.2 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.
30.4 The employer must consider any views given under clause 30.3(b).
30.5 Clause 30 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
31.1 Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
31.2 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.
31.3 If the dispute is not resolved through discussion as mentioned in clause 31.2, 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.
31.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.
31.5 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.
31.6 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.
31.7 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 31.
31.8 While procedures are being followed under clause 31 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.
31.9 Clause 31.8 is subject to any applicable work health and safety legislation.
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
32.1 Notice of termination by an employee
(a) Clause 32.1 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.
|
Column 1 |
Column 2 |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 32.1(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 32.1(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 32.1(b), then no deduction can be made under clause 32.1(d).
(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.
(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 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
33.1 Transfer to lower paid duties on redundancy
(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 33.1(c).
(c) If the employer acts as mentioned in clause 33.1(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.
33.2 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 33 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.
33.3 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 33.3(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 33.3(b).
(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 32.2.
Schedule A—Classification
Definitions
A.1 Definitions
In this schedule:
A.1.1 Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1 means:
(a) an understanding, awareness and sensitivity
to Aboriginal and/or Torres Strait Islander culture and lore, kinship and skin
relationships, local cultural values, the ability to conduct oneself in a culturally
appropriate manner and an understanding that Aboriginal and/or Torres Strait
Islander culture is not homogenous throughout Australia;
(b) where relevant, a knowledge of one or more
relevant Australian Aboriginal and/or Torres Strait Islander language groups;
(c) an ability to deliver or assist in the
delivery of effective and appropriate services to an Aboriginal and/or Torres
Strait Islander clientele through knowledge of the relevant Australian Aboriginal
and/or Torres Strait Islander community, the ability to effectively communicate
with Aboriginal and/or Torres Strait Islander people, and a knowledge of cultural
conventions and appropriate behaviour;
(d) an awareness of the history and role of Aboriginal
and/or Torres Strait Islander organisations in the relevant region, an understanding
of the organisations and their goals and the environment in which the organisations
operate;
(e) the ability to function
effectively at work in an Aboriginal and/or Torres Strait Islander organisation;
and
(f) an understanding and/or awareness
of the concepts of Aboriginal and/or Torres Strait Islander self-determination
and Aboriginal and/or Torres Strait Islander identity.
A.1.2 Aboriginal and/or
Torres Strait Islander knowledge and cultural skills—level 2 means Aboriginal
and/or Torres Strait Islander knowledge and cultural skills—level 1 plus
a thorough knowledge of the history and role of Aboriginal and/or Torres Strait
Islander organisations in the region, including an understanding of the organisations
and their goals and knowledge of the political and economic environment in which
the organisations operate.
A.1.3 Aboriginal and/or Torres Strait Islander knowledge
and cultural skills—level 3 means Aboriginal and/or Torres Strait Islander
knowledge and cultural skills levels 1 and 2, plus an understanding, awareness
and/or sensitivity to local, national and international cultural values and a clear
understanding of Aboriginal and/or Torres Strait Islander organisations, their establishment
and goals, and the political and economic environment in which the organisations
operate at a local, national and international level.
A.2 Aboriginal and/or Torres Strait Islander Health
Workers
A.2.1 Aboriginal and/or Torres Strait
Islander Health Worker Grade 1 / Aboriginal and/or Torres Strait Islander Community
Health Worker Grade 1 means an employee in their first year of service who will
generally have no direct experience in the provision of Aboriginal and/or Torres
Strait Islander health services.
They will provide primary health services education and liaison duties under the direct supervision of an Aboriginal and/or Torres Strait Islander Health Worker Grade 2, 3 or 4.
A.2.2 Aboriginal and/or Torres Strait Islander Health Worker Grade 2 / Aboriginal and/or Torres Strait Islander Community Health Worker Grade 2 means:
(a) a person who has completed Certificate III
in Aboriginal and/or Torres Strait Islander Primary Health Care or equivalent,
or the required Aboriginal and/or Torres Strait Islander Community Health Worker
qualification;
(b) a person with other
qualifications or experience deemed equivalent by an Aboriginal and/or Torres
Strait Islander community controlled health service; or
(c) an Aboriginal and/or Torres Strait Islander
Health Worker Grade 1 who has been promoted to Aboriginal and/or Torres Strait
Islander Health Worker Grade 2 after having been assessed by their employer
as having the requisite competence. It would be expected that in all but exceptional
circumstances such a person would have had a minimum of one year’s experience
at Grade 1.
(d) An Aboriginal and/or
Torres Strait Islander Health Worker Grade 2 is expected to provide a range
of health functions of a clinical, preventative, rehabilitative or promotional
nature under the general direction of other staff of the Aboriginal and/or Torres
Strait Islander community controlled health service.
(e) Duties include, under the direct supervision
of an Aboriginal and/or Torres Strait Islander Health Worker Grade 3 or 4:
(i) assist in the provision of comprehensive
primary health care and education of clients, in conjunction with other
members of the health care team;
(ii) under instruction assist in the provision
of standard medical treatments in accordance with established medical protocols;
(iii) collect and record data from clients
which will assist in the diagnosis and management of common medical problems
and medical emergencies;
(iv) in
line with policies and programs established by the health team, participate
in educating and informing the community about preventative health measures;
and
(v) undertake orientation and
training programs as available.
(f) An Aboriginal and/or Torres Strait Islander
Health Worker or Aboriginal and/or Torres Strait Islander Community Health Worker
required by State or Territory legislation to maintain registration as a condition
of their employment who holds a Certificate III in Aboriginal and/or Torres
Strait Islander Primary Health Care or equivalent or the required qualification
for an Aboriginal and/or Torres Strait Islander Community Health Worker will
be classified as no less than a Grade 2 Level 2 Aboriginal and/or Torres Strait
Islander Health Worker/Aboriginal and/or Torres Strait Islander Community Health
Worker.
It is desirable that staff at
this grade should have Aboriginal and/or Torres Strait Islander knowledge and
cultural skills—level 1.
A.2.3 Aboriginal and/or Torres Strait Islander Health Worker Grade 3 means:
(a) A Senior Aboriginal and/or Torres Strait
Islander Health Worker, a person who independently undertakes a full range of
duties, including dealing with the most complex matters. A Senior AHW would
hold either Certificate IV in Aboriginal and/or Torres Strait Islander Primary
Health Care (Practice) or Certificate IV in Aboriginal and/or Torres Strait
Islander Primary Health Care (Community) or equivalent. Workers will be expected
to perform their duties with little supervision, and may be required to work
as a sole practitioner remote from the health service; or
(b) An Aboriginal and/or Torres Strait Islander
Health Worker—Team Leader, a person who heads a small team of Aboriginal
and/or Torres Strait Islander Health Workers. Workers at this level will be
required to hold expert knowledge of Aboriginal and/or Torres Strait Islander
health issues, as well as assisting with the planning and supervision of other
workers’ duties. An Aboriginal and/or Torres Strait Islander Health Worker—Team
Leader would hold either Certificate IV in Aboriginal and/or Torres Strait Islander
Primary Health Care (Practice) or Certificate IV in Aboriginal and/or Torres
Strait Islander Primary Health Care (Community) or equivalent; or
(c) An Aboriginal and/or Torres Strait Islander
Health Worker who holds a Certificate IV in Aboriginal and/or Torres Strait
Islander Primary Health Care (Practice) or Certificate IV in Aboriginal and/or
Torres Strait Islander Primary Health Care (Community) or equivalent.
NOTE: An Aboriginal and/or Torres Strait
Islander Health Worker required by State or Territory legislation to maintain
registration as a condition of their employment and who holds a Certificate
IV in Aboriginal and/or Torres Strait Islander Primary Health Care (Practice)
or Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health
Care (Community) or equivalent must be classified as no less than a Grade 3
Level 2 Aboriginal and/or Torres Strait Islander Health Worker.
It is desirable that employees at this grade have
Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level
1.
A.2.4 Aboriginal and/or Torres Strait Islander Health Worker Grade 4 means:
(a) A person who performs a senior co-ordinating
role in respect of Aboriginal and/or Torres Strait Islander Health Workers within
an Aboriginal and/or Torres Strait Islander community controlled health service.
An Aboriginal and/or Torres Strait Islander Health Worker with either a Diploma
of Aboriginal and/or Torres Strait Islander Primary Health Care (Practice) or
Diploma of Aboriginal and/or Torres Strait Islander Primary Health Care (Community)
or other qualifications or experience deemed equivalent by the Aboriginal and/or
Torres Strait Islander community controlled health service will be classified
at this grade.
(b) An Aboriginal and/or
Torres Strait Islander Health Worker required by State or Territory legislation
to maintain registration as a condition of their employment who holds a either
Diploma of Aboriginal and/or Torres Strait Islander Primary Health Care (Practice)
or Diploma of Aboriginal and/or Torres Strait Islander Primary Health Care (Community)
or equivalent will be classified as no less than a Grade 4 Level 2 Aboriginal
and/or Torres Strait Islander Health Worker and their classification descriptor
will be Aboriginal and/or Torres Strait Islander Health Worker Practitioner
Grade 4 Level 2.
It is desirable that
staff at this grade should have Aboriginal and/or Torres Strait Islander knowledge
and cultural skills—level 2.
A.3 Administrative
A.3.1 Grade 1
(a) This is the base of the administrative classification
structure. There are no prescribed educational qualifications required.
(b) Positions at this level work under close
direction and initially require the application of basic skills and routines
such as providing receptionist services, straight-forward operation of keyboard
equipment, filing, photocopying, collating, collecting and distributing, carrying
out routine checks by simple comparisons, simple coding, maintaining basic records,
mail procedures, obtaining or providing information about straight-forward matters
and routine user maintenance of office equipment.
(c) The work may involve a combination of the activities
outlined above including keyboard, clerical and other duties. Keyboard tasks
usually involve the straight-forward operation of keyboard equipment but may
include the keying of data containing specialised or unusual technical terms
or complicated tables or diagrams which demand considerable judgment about layout,
and the manipulation and interpretation of data before and during entry.
(d) Initially work is performed under close
direction using established routines, methods and procedures and there is little
scope for deviating from these. Tasks should be mixed to provide a range of
work experience; some may be of a routine operational nature. Problems can usually
be solved by reference to straight-forward methods, procedures and instructions.
Assistance is available if required when problems arise.
(e) Staff undertaking work at this grade would
normally become competent in individual tasks after a limited period of training
or experience.
(f) The work performed
may be routine in nature but some knowledge and application of specific procedures,
instructions, regulations or other requirements relating to general administration
(e.g. personnel or finance operations) and to specific departmental programs
or activities may be required.
(g) Staff
at this grade may assist senior members of staff in the task being undertaken
by them. Work may include drafting basic material for inclusion in reports and
submissions, including form or routine letters and checking applications for
benefits or grants.
A.3.2 Grade 2
(a) This level encompasses a range of work which
requires routine experience or the application of skills derived from work of
a similar nature and a general knowledge of the work to be performed. This is
the first level which may include a supervisory role. Staff may be required
to follow and interpret rules, regulations, guidelines, instructions and procedures,
and be capable of undertaking a range of duties requiring judgment, liaison
and communication within the health service, with clients of the health service
and with other interested parties.
(b)
Positions at this grade usually work under general direction and the work is
subject to regular checks. Detailed instructions are not necessary and there
is scope for staff to exercise initiative in applying established work practices
and procedures.
(c) The solution of
problems may require the exercise of limited judgment, though guidance would
be available in guidelines, procedures, regulations and instructions. The understanding
of the information should allow decisions or policies relating to specific circumstances
to be explained. Liaison within the health service, with clients of the health
service, or with other interested parties may be necessary.
(d) This is the first grade of which formal delegations
may be found within the operations of the work area (e.g. approval of annual,
personal and carer’s leave and examination of accounts).
(e) Secretarial/administrative support positions
may be included in this grade where this is warranted, having regard to:
(i) the range of knowledge and skills required;
(ii) the degree of independence and responsibility
assumed in undertaking tasks; and
(iii) the degree of direction given by the
supervisor.
(f) Positions where there is a frequently recurring
need to take and transcribe verbatim the proceedings of conferences or deputations
are included in this grade.
It is desirable
that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge
and cultural skills—level 1.
A.3.3 Grade 3
(a) Positions at this grade usually work under
general direction and require relevant experience combined with a broad knowledge
of the functions and activities of the health service and a sound knowledge
of the major activity performed within the work area. Positions with supervisory
responsibilities may undertake some complex operation work and may assist with,
or review, work undertaken by subordinates or team members.
(b) Positions with supervisory responsibilities
may include a degree of planning and coordination and tasks such as monitoring
staff attendance and work flow.
(c)
Problems faced may be complex yet broadly similar to past problems. Solutions
generally can be found in rules, regulations, guidelines, procedures and instructions
though these may require some interpretation and application of judgment. There
is scope for the exercise of initiative in application of established work practices
and procedures.
(d) Positions at this
grade may exercise delegations. Decisions made may have an impact on the relevant
health service (e.g. on financial resources), but are normally of a limited
procedural or administrative importance.
It is desirable that staff at this grade have Aboriginal
and/or Torres Strait Islander knowledge and cultural skills—level 1.
A.3.4 Grade 4
(a) Positions at this grade usually work under
general direction within clear guidelines and established work practices and
priorities, in functions which require the application of knowledge, skills
and techniques appropriate to the work area. Work at this grade requires a sound
knowledge of program, activity, policy or service aspects of the work performed
within a functional element, or a number of work areas. The Grade 4 position
is the first grade where technical or professional qualifications may be required
or desirable.
(b) Work is usually performed
under general direction and may cover a range of tasks associated with program
activity or administrative support to senior officers. Tasks may include providing
administrative support to staff within technical or professional structures.
This may include the collection and analysis of data and information and the
preparation of reports, publications, papers and submissions including findings
and recommendations.
(c) Positions at
this level may have supervisory responsibilities over staff operating a wide
range of equipment or undertaking a variety of tasks in the area of responsibility.
It is desirable that staff at this grade have
Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level
1.
A.3.5 Grade 5
(a) Positions at this level work under general
direction in relation to established priorities, task methodology and work practices
to achieve results in line with the corporate goals of the health service.
(b) Positions at this grade may, under general
direction of work priorities, undertake the preparation of preliminary papers,
draft complex correspondence for senior officers, undertake tasks of a specialist
or detailed nature, assist in the preparation of procedural guidelines, provide
information or interpretation to other interested parties, exercise specific
process responsibilities and oversee and co-ordinate the work of subordinate
staff.
(c) Work may involve specialist
subject matter of a professional or technical project, procedural or processing
nature, or a combination of these functions.
It is desirable that staff at this grade have Aboriginal
and/or Torres Strait Islander knowledge and cultural skills—level 1.
A.3.6 Grade 6
(a) Positions at this grade may manage the operations
of an organisational element usually under limited direction. Positions at this
grade undertake various functions, under a wide range of conditions to achieve
a result in line with the goals of the health service. Immediate subordinate
positions may include staff in a technical or professional structure, in which
case supervision may involve the exercising of technical or professional skills
or judgment.
(b) Positions at this grade
are found in a variety of operating environments and structural arrangements.
The primary areas may be:
(i) Managing the operations of a discrete
organisational element usually under limited direction;
(ii) Under limited direction in relation to
priorities and work practices provide administrative support to a particular
program or activity; or
(iii) Providing
subject matter, expertise or policy advice, to senior employees, the Chief
Executive Officer, or the Board of Management including technical or professional
advice, across a range of programs or activities undertaken by the health
service.
(c) Positions at this grade would be expected
to set and achieve priorities, monitor work flow and/or manage staffing resources
to meet objectives.
It is desirable
that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge
and cultural skills—level 2.
A.3.7 Grade 7
(a) Positions at this grade, under limited direction,
usually manage the operations of an organisational element, or undertake a management
function, or provide administrative, technical, or professional support to a
particular program or activity, across a range of administrative or operational
tasks to achieve a result in line with the goals of the health service.
(b) Positions at this grade may undertake a
management function involved in the administration of a program or activity
within an organisation. This includes the provision of advice or undertaking
tasks related to the management or administration of a program or activity,
service delivery or corporate support function, including project work, policy,
technical, professional or program issues or administrative matters. Liaison
with other elements of the organisation, government agencies, state and local
authorities and community organisations can be a feature.
(c) Positions at this grade may represent the health
service at meetings, conferences and seminars. In some circumstances the supervisor
or subordinates may be, or include staff in technical or professional structures,
in which case supervision is for administrative purposes only. In all other
circumstances, supervision may involve the exercise of technical or professional
skill or judgment.
It is desirable that
staff at this grade have Aboriginal and/or Torres Strait Islander knowledge
and cultural skills—level 2.
Positions at this grade will be the Chief Executive
Officer of an Aboriginal and/or Torres Strait Islander community controlled
health service other than those classified at Grade 7 who reports to and is
responsible for the administration of the health service to the Board of Management
and to whom heads of programs or activities within the health service report
and are responsible.
It is desirable
that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge
and cultural skills—level 3.
A.4 Dental
A.4.1 Dental Assistant Grade 1
Employees at this grade will have no prior experience
as a dental assistant. Appointment to this level will be for a period of 3 months
after which the employee will progress to the appropriate level. While employed
at this grade employees will:
(a) work
under direct supervision;
(b) gain familiarisation
with a range of basic dental and/or clerical tasks; and
(c) gain familiarisation with the employer’s
policies including health and safety.
A.4.2 Dental Assistant Grade 2 means an employee who has obtained the skills required of a Dental Assistant Grade 1 who performs solely dental assistant duties and has no formal qualifications.
It is desirable that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.
A.4.3 Dental Assistant Grade 3 means:
(a) a person who has completed a dental assistant
qualification performing solely dental assistant duties;
(b) an unqualified Dental Assistant performing
a combination of duties including routine clerical, reception duties and dental
assistant duties; or
(c) an unqualified
Dental Assistant performing solely Dental Assistant duties who has 12 months’
experience at Grade 2.
It is desirable
that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge
and cultural skills—level 1.
A.4.4 Dental Assistant Grade 4 means:
(a) An unqualified Dental Assistant performing solely dental assistant duties who has 12 months’ experience at Grade 3 and has demonstrated competence in the following areas:
(i) knowledge of dental equipment;
(ii) sterilisation techniques with attention
to infection control;
(iii) basic
understanding of techniques and procedures;
(iv) understanding of the set-up prior to procedures;
or
(b) an unqualified Dental Assistant performing
a combination of dental assistant, clerical and reception duties who has 12
months’ experience at Grade 3;
(c) a qualified Dental Assistant performing solely
dental assistant duties who has 12 months’ experience at Grade 3; or
(d) a qualified Dental Assistant performing
a combination of dental assistant, clerical and reception duties.
It is desirable that staff at this grade have Aboriginal
and/or Torres Strait Islander knowledge and cultural skills—level 1.
A.4.5 Dental Assistant Grade 5 means:
(a) an unqualified Dental Assistant performing
a combination of dental assistant, clerical and reception duties who has 12
months’ experience at Grade 4;
(b) a qualified Dental Assistant performing solely
dental assistant duties who has 12 months’ experience at Grade 4; or
(c) a qualified Dental Assistant performing
a combination of dental assistant, clerical and reception duties who has 12
months’ experience at Grade 4.
It is desirable that staff at this grade have Aboriginal
and/or Torres Strait Islander knowledge and cultural skills—level 1.
A.4.6 Dental Therapist Grade 1 works under the professional supervision of a higher grade professional officer as to method of approach and requirements and is a professional practitioner who performs normal professional work and exercises individual knowledge, skills, professional judgment and initiative in the application of professional principles, techniques and methods.
(a) This grade is the professional formation
phase of a professional officer. It includes new graduates generally lacking
practical experience in the application of their professional knowledge.
(b) The work requires initiative and professional
judgment. Since experience is limited, this level is normally expected to apply
only established principles, techniques and methods in early postgraduate years.
With professional development, it is expected that new techniques and methods
will be learnt and applied to progressively more difficult problems.
(c) Initially work is subject to professional
supervision. As experience is gained, the contribution and the level of professional
judgment increases and professional supervision decreases, until a wide range
of professional tasks is capable of being performed with little technical direction.
(d) When experienced, advice and guidance may
be provided to less experienced professional staff. They are not required to
provide general professional guidance but may be required to provide general
supervision of and/or train technical and other non-professional staff.
(e) Staff may be required to develop and apply
advanced techniques learnt during the undergraduate course or later; however,
decisions to incorporate such new techniques into normal procedures would be
taken at a higher level.
It is desirable
that staff at this grade have Aboriginal and/or Torres Strait Islander knowledge
and cultural skills—level 1.
A.4.7 Dental Therapist Grade 2 works as a professional practitioner, performs normal professional work under general professional guidance, and may perform novel, complex or critical professional work under professional supervision.
(a) Staff at this grade perform normal professional
work of an organisational unit, or of a specialised professional field encompassed
by the work of the unit, and accept technical responsibility for those tasks.
(b) Staff may also be expected to perform difficult
or novel, complex or critical professional work where they are isolated from
immediate professional supervision, for example, because of remoteness of the
functional work area. Staff at this grade are expected to exercise independent
professional judgment when required, particularly in recognising and solving
problems and managing cases where principles, procedures, techniques and methods
require expansion, adaption or modification.
(c) Staff may carry out research under professional
supervision and may be expected to contribute to advances in the techniques
used.
(d) Work at this grade may include
professional supervision of Dental Therapists Grade 1 together with general
supervision over technical and other personnel. Dental Therapists at this level
may also be required to guide Dental Therapists Grade 1 in the methods to be
used, policies to be followed and standards to be observed with respect to the
professional work performed by the organisational unit.
(e) Staff may provide an advisory role up to the
level of expertise.
(f) Staff are required
to understand industry problems if advice on interpretation of regulations or
standards is required and to undertake associated liaison tasks.
It is desirable that staff at this grade have Aboriginal
and/or Torres Strait Islander knowledge and cultural skills—level 1.
A.5 Ancillary
It is desirable that all ancillary staff have Aboriginal and/or Torres Strait Islander knowledge and cultural skills—level 1.
A.5.1 Cleaner means a person who performs tasks
customarily performed by cleaners utilising a range of materials and equipment to
clean a range of surfaces in order to restore or maintain buildings in a clean and
hygienic condition.
A.5.2 Driver—Grade
1 means a person whose primary duties include undertaking a range of driving activities
on behalf of the employer in a vehicle that has the capacity to carry between one
and 15 passengers.
A.5.3 Driver—Grade
2 means a person whose primary duties include undertaking a range of driving activities
on behalf of the employer in a vehicle that has the capacity to carry 16 or a greater
number of passengers.
A.5.4 Caretaker means
a person who is responsible for the supervision of an Aboriginal and/or Torres Strait
Islander community controlled health service premises out of hours including opening
and closing the premises before and after each day of business.
Schedule B—Summary
of Hourly Rates of Pay
B.1 Aboriginal and/or Torres Strait Islander Health Worker
adult employees
B.1.1 Full-time and part-time
adult employees—ordinary, shiftworker and penalty rates
|
All employees |
Shiftworkers |
All employees |
|||||
|
Ordinary hours |
Outside normal span of hours1 |
Continuous night shift2 |
Saturday |
Sunday |
Public holiday |
Public holiday |
|
|
% of minimum hourly rate |
|||||||
|
100% |
115% |
130% |
150% |
200% |
150% plus one day off3 |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Grade 1 |
|
|
|
|
|
|
|
|
Level 1 |
21.65 |
24.90 |
28.15 |
32.48 |
43.30 |
32.48 |
54.13 |
|
Level 2 |
23.20 |
26.68 |
30.16 |
34.80 |
46.40 |
34.80 |
58.00 |
|
Level 3 |
23.99 |
27.59 |
31.19 |
35.99 |
47.98 |
35.99 |
59.98 |
|
Grade 2 |
|||||||
|
Level 1 |
25.24 |
29.03 |
32.81 |
37.86 |
50.48 |
37.86 |
63.10 |
|
Level 2 |
26.57 |
30.56 |
34.54 |
39.86 |
53.14 |
39.86 |
66.43 |
|
Level 3 |
27.86 |
32.04 |
36.22 |
41.79 |
55.72 |
41.79 |
69.65 |
|
Grade 3 |
|||||||
|
Level 1 |
28.63 |
32.92 |
37.22 |
42.95 |
57.26 |
42.95 |
71.58 |
|
Level 2 |
29.41 |
33.82 |
38.23 |
44.12 |
58.82 |
44.12 |
73.53 |
|
Level 3 |
30.08 |
34.59 |
39.10 |
45.12 |
60.16 |
45.12 |
75.20 |
|
Grade 4 |
|||||||
|
Level 1 |
30.80 |
35.42 |
40.04 |
46.20 |
61.60 |
46.20 |
77.00 |
|
Level 2 |
31.52 |
36.25 |
40.98 |
47.28 |
63.04 |
47.28 |
78.80 |
|
Level 3 |
32.29 |
37.13 |
41.98 |
48.44 |
64.58 |
48.44 |
80.73 |
1 Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.
2 Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.
3 At the ordinary time rate, that is, an hour for each hour worked in accordance with clause 28.2(a)(ii).
B.1.2 Full-time and part-time adult employees—overtime rates
|
Employees other than shiftworkers |
Shiftworkers - broken shifts |
All employees |
||||
|
Outside the span of hours1 |
Outside the span of hours1 |
Outside a spread of 9 hours2 |
Outside a spread of 12 hours3 |
Excess hours4 |
||
|
First 2 hours |
After 2 hours |
First 2 hours |
After 2 hours |
|||
|
% of minimum hourly rate |
||||||
|
150% |
200% |
150% |
200% |
150% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Grade 1 |
|
|
|
|
|
|
|
Level 1 |
32.48 |
43.30 |
32.48 |
43.30 |
32.48 |
43.30 |
|
Level 2 |
34.80 |
46.40 |
34.80 |
46.40 |
34.80 |
46.40 |
|
Level 3 |
35.99 |
47.98 |
35.99 |
47.98 |
35.99 |
47.98 |
|
Grade 2 |
||||||
|
Level 1 |
37.86 |
50.48 |
37.86 |
50.48 |
37.86 |
50.48 |
|
Level 2 |
39.86 |
53.14 |
39.86 |
53.14 |
39.86 |
53.14 |
|
Level 3 |
41.79 |
55.72 |
41.79 |
55.72 |
41.79 |
55.72 |
|
Grade 3 |
||||||
|
Level 1 |
42.95 |
57.26 |
42.95 |
57.26 |
42.95 |
57.26 |
|
Level 2 |
44.12 |
58.82 |
44.12 |
58.82 |
44.12 |
58.82 |
|
Level 3 |
45.12 |
60.16 |
45.12 |
60.16 |
45.12 |
60.16 |
|
Grade 4 |
||||||
|
Level 1 |
46.20 |
61.60 |
46.20 |
61.60 |
46.20 |
61.60 |
|
Level 2 |
47.28 |
63.04 |
47.28 |
63.04 |
47.28 |
63.04 |
|
Level 3 |
48.44 |
64.58 |
48.44 |
64.58 |
48.44 |
64.58 |
1 Outside the span of hours of 7.00am to 7.00pm Monday to Friday in accordance with clause 20.1(a).
2 Outside a spread of 9 hours from the time of commencing work by an employee rostered to work broken shifts in accordance with clause 20.1(b).
3 Outside a spread of 12 hours from the time of commencing work by an employee rostered to work broken shifts in accordance with clause 20.1(b).
4 In excess of the number of hours fixed as a day’s, a week’s or a fortnight’s work as the case may be in accordance with clause 20.1(a).
B.1.3 Casual adult employees—ordinary, shiftwork and penalty rates
|
All employees |
Shiftworkers |
All employees |
||||
|
Day |
Outside normal span of hours1 |
Continuous night shift2 |
Saturday |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
||||||
|
125% |
140% |
155% |
175% |
225% |
150% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Grade 1 |
|
|
|
|
|
|
|
Level 1 |
27.06 |
30.31 |
33.56 |
37.89 |
48.71 |
32.48 |
|
Level 2 |
29.00 |
32.48 |
35.96 |
40.60 |
52.20 |
34.80 |
|
Level 3 |
29.99 |
33.59 |
37.18 |
41.98 |
53.98 |
35.99 |
|
Grade 2 |
||||||
|
Level 1 |
31.55 |
35.34 |
39.12 |
44.17 |
56.79 |
37.86 |
|
Level 2 |
33.21 |
37.20 |
41.18 |
46.50 |
59.78 |
39.86 |
|
Level 3 |
34.83 |
39.00 |
43.18 |
48.76 |
62.69 |
41.79 |
|
Grade 3 |
||||||
|
Level 1 |
35.79 |
40.08 |
44.38 |
50.10 |
64.42 |
42.95 |
|
Level 2 |
36.76 |
41.17 |
45.59 |
51.47 |
66.17 |
44.12 |
|
Level 3 |
37.60 |
42.11 |
46.62 |
52.64 |
67.68 |
45.12 |
|
Grade 4 |
||||||
|
Level 1 |
38.50 |
43.12 |
47.74 |
53.90 |
69.30 |
46.20 |
|
Level 2 |
39.40 |
44.13 |
48.86 |
55.16 |
70.92 |
47.28 |
|
Level 3 |
40.36 |
45.21 |
50.05 |
56.51 |
72.65 |
48.44 |
1 Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.
2 Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.
B.2 Administrative adult employees
B.2.1 Full-time and part-time adult employees—ordinary,
shiftwork and penalty rates
|
All employees |
Shiftworkers |
All employees |
|||||
|
Ordinary hours |
Outside normal span of hours1 |
Continuous night shift2 |
Saturday |
Sunday |
Public holiday |
Public holiday |
|
|
% of minimum hourly rate |
|||||||
|
100% |
115% |
130% |
150% |
200% |
150% plus one day off3 |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Grade 1 |
|
|
|
|
|
|
|
|
Level 1 |
21.49 |
24.71 |
27.94 |
32.24 |
42.98 |
32.24 |
53.73 |
|
Level 2 |
21.57 |
24.81 |
28.04 |
32.36 |
43.14 |
32.36 |
53.93 |
|
Level 3 |
22.02 |
25.32 |
28.63 |
33.03 |
44.04 |
33.03 |
55.05 |
|
Level 4 |
22.33 |
25.68 |
29.03 |
33.50 |
44.66 |
33.50 |
55.83 |
|
Level 5 |
22.98 |
26.43 |
29.87 |
34.47 |
45.96 |
34.47 |
57.45 |
|
Grade 2 |
|||||||
|
Level 1 |
23.34 |
26.84 |
30.34 |
35.01 |
46.68 |
35.01 |
58.35 |
|
Level 2 |
23.75 |
27.31 |
30.88 |
35.63 |
47.50 |
35.63 |
59.38 |
|
Level 3 |
24.16 |
27.78 |
31.41 |
36.24 |
48.32 |
36.24 |
60.40 |
|
Level 4 |
24.51 |
28.19 |
31.86 |
36.77 |
49.02 |
36.77 |
61.28 |
|
Level 5 |
24.93 |
28.67 |
32.41 |
37.40 |
49.86 |
37.40 |
62.33 |
|
Grade 3 |
|||||||
|
Level 1 |
25.38 |
29.19 |
32.99 |
38.07 |
50.76 |
38.07 |
63.45 |
|
Level 2 |
25.83 |
29.70 |
33.58 |
38.75 |
51.66 |
38.75 |
64.58 |
|
Level 3 |
26.11 |
30.03 |
33.94 |
39.17 |
52.22 |
39.17 |
65.28 |
|
Level 4 |
26.58 |
30.57 |
34.55 |
39.87 |
53.16 |
39.87 |
66.45 |
|
Grade 4 |
|||||||
|
Level 1 |
26.99 |
31.04 |
35.09 |
40.49 |
53.98 |
40.49 |
67.48 |
|
Level 2 |
27.64 |
31.79 |
35.93 |
41.46 |
55.28 |
41.46 |
69.10 |
|
Level 3 |
28.14 |
32.36 |
36.58 |
42.21 |
56.28 |
42.21 |
70.35 |
|
Level 4 |
28.66 |
32.96 |
37.26 |
42.99 |
57.32 |
42.99 |
71.65 |
|
Grade 5 |
|||||||
|
Level 1 |
29.23 |
33.61 |
38.00 |
43.85 |
58.46 |
43.85 |
73.08 |
|
Level 2 |
29.83 |
34.30 |
38.78 |
44.75 |
59.66 |
44.75 |
74.58 |
|
Level 3 |
30.46 |
35.03 |
39.60 |
45.69 |
60.92 |
45.69 |
76.15 |
|
Grade 6 |
|||||||
|
Level 1 |
30.81 |
35.43 |
40.05 |
46.22 |
61.62 |
46.22 |
77.03 |
|
Level 2 |
31.39 |
36.10 |
40.81 |
47.09 |
62.78 |
47.09 |
78.48 |
|
Level 3 |
32.04 |
36.85 |
41.65 |
48.06 |
64.08 |
48.06 |
80.10 |
|
Level 4 |
33.27 |
38.26 |
43.25 |
49.91 |
66.54 |
49.91 |
83.18 |
|
Level 5 |
34.26 |
39.40 |
44.54 |
51.39 |
68.52 |
51.39 |
85.65 |
|
Grade 7 |
|||||||
|
Level 1 |
35.08 |
40.34 |
45.60 |
52.62 |
70.16 |
52.62 |
87.70 |
|
Level 2 |
36.03 |
41.43 |
46.84 |
54.05 |
72.06 |
54.05 |
90.08 |
|
Grade 8 |
|||||||
|
Level 1 |
36.39 |
41.85 |
47.31 |
54.59 |
72.78 |
54.59 |
90.98 |
|
Level 2 |
37.33 |
42.93 |
48.53 |
56.00 |
74.66 |
56.00 |
93.33 |
|
Level 3 |
38.58 |
44.37 |
50.15 |
57.87 |
77.16 |
57.87 |
96.45 |
|
Level 4 |
39.49 |
45.41 |
51.34 |
59.24 |
78.98 |
59.24 |
98.73 |
1.Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.
2.Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.
3.At the ordinary time rate, that is, an hour for each hour worked in accordance with clause 28.2(a)(ii).
B.2.2 Full-time and part-time adult employees—overtime rates
|
Employees other than shiftworkers |
Shiftworkers - broken shifts |
All employees |
||||||
|
Outside the span of hours1 |
Outside the span of hours1 |
Outside a spread of 9 hours2 |
Outside a spread of 12 hours3 |
Excess hours4 |
||||
|
First 2 hours |
After 2 hours |
First 2 hours |
After 2 hours |
|||||
|
% of minimum hourly rate |
||||||||
|
150% |
200% |
150% |
200% |
150% |
200% |
|||
|
$ |
$ |
$ |
$ |
$ |
$ |
|||
|
Grade 1 |
|
|
|
|
|
|
||
|
Level 1 |
32.24 |
42.98 |
32.24 |
42.98 |
32.24 |
42.98 |
||
|
Level 2 |
32.36 |
43.14 |
32.36 |
43.14 |
32.36 |
43.14 |
||
|
Level 3 |
33.03 |
44.04 |
33.03 |
44.04 |
33.03 |
44.04 |
||
|
Level 4 |
33.50 |
44.66 |
33.50 |
44.66 |
33.50 |
44.66 |
||
|
Level 5 |
34.47 |
45.96 |
34.47 |
45.96 |
34.47 |
45.96 |
||
|
Grade 2 |
||||||||
|
Level 1 |
35.01 |
46.68 |
35.01 |
46.68 |
35.01 |
46.68 |
||
|
Level 2 |
35.63 |
47.50 |
35.63 |
47.50 |
35.63 |
47.50 |
||
|
Level 3 |
36.24 |
48.32 |
36.24 |
48.32 |
36.24 |
48.32 |
||
|
Level 4 |
36.77 |
49.02 |
36.77 |
49.02 |
36.77 |
49.02 |
||
|
Level 5 |
37.40 |
49.86 |
37.40 |
49.86 |
37.40 |
49.86 |
||
|
Grade 3 |
||||||||
|
Level 1 |
38.07 |
50.76 |
38.07 |
50.76 |
38.07 |
50.76 |
||
|
Level 2 |
38.75 |
51.66 |
38.75 |
51.66 |
38.75 |
51.66 |
||
|
Level 3 |
39.17 |
52.22 |
39.17 |
52.22 |
39.17 |
52.22 |
||
|
Level 4 |
39.87 |
53.16 |
39.87 |
53.16 |
39.87 |
53.16 |
||
|
Grade 4 |
||||||||
|
Level 1 |
40.49 |
53.98 |
40.49 |
53.98 |
40.49 |
53.98 |
||
|
Level 2 |
41.46 |
55.28 |
41.46 |
55.28 |
41.46 |
55.28 |
||
|
Level 3 |
42.21 |
56.28 |
42.21 |
56.28 |
42.21 |
56.28 |
||
|
Level 4 |
42.99 |
57.32 |
42.99 |
57.32 |
42.99 |
57.32 |
||
|
Grade 5 |
||||||||
|
Level 1 |
43.85 |
58.46 |
43.85 |
58.46 |
43.85 |
58.46 |
||
|
Level 2 |
44.75 |
59.66 |
44.75 |
59.66 |
44.75 |
59.66 |
||
|
Level 3 |
45.69 |
60.92 |
45.69 |
60.92 |
45.69 |
60.92 |
||
|
Grade 6 |
||||||||
|
Level 1 |
46.22 |
61.62 |
46.22 |
61.62 |
46.22 |
61.62 |
||
|
Level 2 |
47.09 |
62.78 |
47.09 |
62.78 |
47.09 |
62.78 |
||
|
Level 3 |
48.06 |
64.08 |
48.06 |
64.08 |
48.06 |
64.08 |
||
|
Level 4 |
49.91 |
66.54 |
49.91 |
66.54 |
49.91 |
66.54 |
||
|
Level 5 |
51.39 |
68.52 |
51.39 |
68.52 |
51.39 |
68.52 |
||
|
Grade 7 |
||||||||
|
Level 1 |
52.62 |
70.16 |
52.62 |
70.16 |
52.62 |
70.16 |
||
|
Level 2 |
54.05 |
72.06 |
54.05 |
72.06 |
54.05 |
72.06 |
||
|
Grade 8 |
||||||||
|
Level 1 |
54.59 |
72.78 |
54.59 |
72.78 |
54.59 |
72.78 |
||
|
Level 2 |
56.00 |
74.66 |
56.00 |
74.66 |
56.00 |
74.66 |
||
|
Level 3 |
57.87 |
77.16 |
57.87 |
77.16 |
57.87 |
77.16 |
||
|
Level 4 |
59.24 |
78.98 |
59.24 |
78.98 |
59.24 |
78.98 |
||
1 Outside the span of hours of 7.00am to 7.00pm Monday to Friday in accordance with clause 20.1(a).
2 Outside a spread of 9 hours from the time of commencing work by an employee rostered to work broken shifts in accordance with clause 20.1(b).
3 Outside a spread of 12 hours from the time of commencing work by an employee rostered to work broken shifts in accordance with clause 20.1(b).
4 In excess of the number of hours fixed as a day’s, a week’s or a fortnight’s work as the case may be in accordance with clause 20.1(a).
B.2.3 Casual adult employees—ordinary, shiftwork and penalty rates
|
All employees |
Shiftworkers |
All employees |
||||
|
Day |
Outside normal span of hours1 |
Continuous night shift2 |
Saturday |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
||||||
|
125% |
140% |
155% |
175% |
225% |
150% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Grade 1 |
||||||
|
Level 1 |
26.86 |
30.09 |
33.31 |
37.61 |
48.35 |
32.24 |
|
Level 2 |
26.96 |
30.20 |
33.43 |
37.75 |
48.53 |
32.36 |
|
Level 3 |
27.53 |
30.83 |
34.13 |
38.54 |
49.55 |
33.03 |
|
Level 4 |
27.91 |
31.26 |
34.61 |
39.08 |
50.24 |
33.50 |
|
Level 5 |
28.73 |
32.17 |
35.62 |
40.22 |
51.71 |
34.47 |
|
Grade 2 |
||||||
|
Level 1 |
29.18 |
32.68 |
36.18 |
40.85 |
52.52 |
35.01 |
|
Level 2 |
29.69 |
33.25 |
36.81 |
41.56 |
53.44 |
35.63 |
|
Level 3 |
30.20 |
33.82 |
37.45 |
42.28 |
54.36 |
36.24 |
|
Level 4 |
30.64 |
34.31 |
37.99 |
42.89 |
55.15 |
36.77 |
|
Level 5 |
31.16 |
34.90 |
38.64 |
43.63 |
56.09 |
37.40 |
|
Grade 3 |
||||||
|
Level 1 |
31.73 |
35.53 |
39.34 |
44.42 |
57.11 |
38.07 |
|
Level 2 |
32.29 |
36.16 |
40.04 |
45.20 |
58.12 |
38.75 |
|
Level 3 |
32.64 |
36.55 |
40.47 |
45.69 |
58.75 |
39.17 |
|
Level 4 |
33.23 |
37.21 |
41.20 |
46.52 |
59.81 |
39.87 |
|
Grade 4 |
||||||
|
Level 1 |
33.74 |
37.79 |
41.83 |
47.23 |
60.73 |
40.49 |
|
Level 2 |
34.55 |
38.70 |
42.84 |
48.37 |
62.19 |
41.46 |
|
Level 3 |
35.18 |
39.40 |
43.62 |
49.25 |
63.32 |
42.21 |
|
Level 4 |
35.83 |
40.12 |
44.42 |
50.16 |
64.49 |
42.99 |
|
Grade 5 |
||||||
|
Level 1 |
36.54 |
40.92 |
45.31 |
51.15 |
65.77 |
43.85 |
|
Level 2 |
37.29 |
41.76 |
46.24 |
52.20 |
67.12 |
44.75 |
|
Level 3 |
38.08 |
42.64 |
47.21 |
53.31 |
68.54 |
45.69 |
|
Grade 6 |
||||||
|
Level 1 |
38.51 |
43.13 |
47.76 |
53.92 |
69.32 |
46.22 |
|
Level 2 |
39.24 |
43.95 |
48.65 |
54.93 |
70.63 |
47.09 |
|
Level 3 |
40.05 |
44.86 |
49.66 |
56.07 |
72.09 |
48.06 |
|
Level 4 |
41.59 |
46.58 |
51.57 |
58.22 |
74.86 |
49.91 |
|
Level 5 |
42.83 |
47.96 |
53.10 |
59.96 |
77.09 |
51.39 |
|
Grade 7 |
||||||
|
Level 1 |
43.85 |
49.11 |
54.37 |
61.39 |
78.93 |
52.62 |
|
Level 2 |
45.04 |
50.44 |
55.85 |
63.05 |
81.07 |
54.05 |
|
Grade 8 |
||||||
|
Level 1 |
45.49 |
50.95 |
56.40 |
63.68 |
81.88 |
54.59 |
|
Level 2 |
46.66 |
52.26 |
57.86 |
65.33 |
83.99 |
56.00 |
|
Level 3 |
48.23 |
54.01 |
59.80 |
67.52 |
86.81 |
57.87 |
|
Level 4 |
49.36 |
55.29 |
61.21 |
69.11 |
88.85 |
59.24 |
1 Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.
2 Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.
B.3 Dental employees
B.3.1 Full-time and part-time adult employees—ordinary,
shiftwork and penalty rates
|
All employees |
Shiftworkers |
All employees |
|||||
|
Ordinary hours |
Outside normal span of hours1 |
Continuous night shift2 |
Saturday |
Sunday |
Public holiday |
Public holiday |
|
|
% of minimum hourly rate |
|||||||
|
100% |
115% |
130% |
150% |
200% |
150% plus one day off3 |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Dental assistant |
|||||||
|
Grade 1 |
20.49 |
23.56 |
26.64 |
30.74 |
40.98 |
30.74 |
51.23 |
|
Grade 2 |
20.91 |
24.05 |
27.18 |
31.37 |
41.82 |
31.37 |
52.28 |
|
Grade 3 |
21.34 |
24.54 |
27.74 |
32.01 |
42.68 |
32.01 |
53.35 |
|
Grade 4 |
22.70 |
26.11 |
29.51 |
34.05 |
45.40 |
34.05 |
56.75 |
|
Grade 5 |
23.47 |
26.99 |
30.51 |
35.21 |
46.94 |
35.21 |
58.68 |
|
Dental therapist grade 1 |
|||||||
|
Grade 1 |
24.55 |
28.23 |
31.92 |
36.83 |
49.10 |
36.83 |
61.38 |
|
Grade 2 |
25.19 |
28.97 |
32.75 |
37.79 |
50.38 |
37.79 |
62.98 |
|
Grade 3 |
26.01 |
29.91 |
33.81 |
39.02 |
52.02 |
39.02 |
65.03 |
|
Grade 4 |
27.01 |
31.06 |
35.11 |
40.52 |
54.02 |
40.52 |
67.53 |
|
Grade 5 |
28.34 |
32.59 |
36.84 |
42.51 |
56.68 |
42.51 |
70.85 |
|
Grade 6 |
29.65 |
34.10 |
38.55 |
44.48 |
59.30 |
44.48 |
74.13 |
|
Grade 7 |
30.65 |
35.25 |
39.85 |
45.98 |
61.30 |
45.98 |
76.63 |
|
Dental therapist grade 2 |
|||||||
|
Level 1 |
31.09 |
35.75 |
40.42 |
46.64 |
62.18 |
46.64 |
77.73 |
|
Level 2 |
31.79 |
36.56 |
41.33 |
47.69 |
63.58 |
47.69 |
79.48 |
|
Level 3 |
32.47 |
37.34 |
42.21 |
48.71 |
64.94 |
48.71 |
81.18 |
|
Level 4 |
33.05 |
38.01 |
42.97 |
49.58 |
66.10 |
49.58 |
82.63 |
|
Level 5 |
33.79 |
38.86 |
43.93 |
50.69 |
67.58 |
50.69 |
84.48 |
1 Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.
2 Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.
3 At the ordinary time rate, that is, an hour for each hour worked in accordance with clause 28.2(a)(ii).
B.3.2 Full-time and part-time adult employees—overtime rates
|
Employees other than shiftworkers |
Shiftworkers - broken shifts |
All employees |
||||
|
Outside the span of hours1 |
Outside the span of hours1 |
Outside a spread of 9 hours2 |
Outside a spread of 12 hours3 |
Excess hours4 |
||
|
First 2 hours |
After 2 hours |
First 2 hours |
After 2 hours |
|||
|
% of minimum hourly rate |
||||||
|
150% |
200% |
150% |
200% |
150% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Dental assistant |
||||||
|
Grade 1 |
30.74 |
40.98 |
30.74 |
40.98 |
30.74 |
40.98 |
|
Grade 2 |
31.37 |
41.82 |
31.37 |
41.82 |
31.37 |
41.82 |
|
Grade 3 |
32.01 |
42.68 |
32.01 |
42.68 |
32.01 |
42.68 |
|
Grade 4 |
34.05 |
45.40 |
34.05 |
45.40 |
34.05 |
45.40 |
|
Grade 5 |
35.21 |
46.94 |
35.21 |
46.94 |
35.21 |
46.94 |
|
Dental therapist grade 1 |
||||||
|
Grade 1 |
36.83 |
49.10 |
36.83 |
49.10 |
36.83 |
49.10 |
|
Grade 2 |
37.79 |
50.38 |
37.79 |
50.38 |
37.79 |
50.38 |
|
Grade 3 |
39.02 |
52.02 |
39.02 |
52.02 |
39.02 |
52.02 |
|
Grade 4 |
40.52 |
54.02 |
40.52 |
54.02 |
40.52 |
54.02 |
|
Grade 5 |
42.51 |
56.68 |
42.51 |
56.68 |
42.51 |
56.68 |
|
Grade 6 |
44.48 |
59.30 |
44.48 |
59.30 |
44.48 |
59.30 |
|
Grade 7 |
45.98 |
61.30 |
45.98 |
61.30 |
45.98 |
61.30 |
|
Dental therapist grade 2 |
||||||
|
Level 1 |
46.64 |
62.18 |
46.64 |
62.18 |
46.64 |
62.18 |
|
Level 2 |
47.69 |
63.58 |
47.69 |
63.58 |
47.69 |
63.58 |
|
Level 3 |
48.71 |
64.94 |
48.71 |
64.94 |
48.71 |
64.94 |
|
Level 4 |
49.58 |
66.10 |
49.58 |
66.10 |
49.58 |
66.10 |
|
Level 5 |
50.69 |
67.58 |
50.69 |
67.58 |
50.69 |
67.58 |
1 Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.
2 Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.
3 At the ordinary time rate, that is, an hour for each hour worked in accordance with clause 28.2(a)(ii).
B.3.3 Casual adult employees—ordinary, shiftwork and penalty rates
|
All employees |
Shiftworkers |
All employees |
||||
|
Day |
Outside normal span of hours1 |
Continuous night shift2 |
Saturday |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
||||||
|
125% |
140% |
155% |
175% |
225% |
150% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Dental assistant |
||||||
|
Grade 1 |
25.61 |
28.69 |
31.76 |
35.86 |
46.10 |
30.74 |
|
Grade 2 |
26.14 |
29.27 |
32.41 |
36.59 |
47.05 |
31.37 |
|
Grade 3 |
26.68 |
29.88 |
33.08 |
37.35 |
48.02 |
32.01 |
|
Grade 4 |
28.38 |
31.78 |
35.19 |
39.73 |
51.08 |
34.05 |
|
Grade 5 |
29.34 |
32.86 |
36.38 |
41.07 |
52.81 |
35.21 |
|
Dental therapist grade 1 |
||||||
|
Level 1 |
30.69 |
34.37 |
38.05 |
42.96 |
55.24 |
36.83 |
|
Level 2 |
31.49 |
35.27 |
39.04 |
44.08 |
56.68 |
37.79 |
|
Level 3 |
32.51 |
36.41 |
40.32 |
45.52 |
58.52 |
39.02 |
|
Level 4 |
33.76 |
37.81 |
41.87 |
47.27 |
60.77 |
40.52 |
|
Level 5 |
35.43 |
39.68 |
43.93 |
49.60 |
63.77 |
42.51 |
|
Level 6 |
37.06 |
41.51 |
45.96 |
51.89 |
66.71 |
44.48 |
|
Level 7 |
38.31 |
42.91 |
47.51 |
53.64 |
68.96 |
45.98 |
|
Dental therapist grade 2 |
||||||
|
Level 1 |
38.86 |
43.53 |
48.19 |
54.41 |
69.95 |
46.64 |
|
Level 2 |
39.74 |
44.51 |
49.27 |
55.63 |
71.53 |
47.69 |
|
Level 3 |
40.59 |
45.46 |
50.33 |
56.82 |
73.06 |
48.71 |
|
Level 4 |
41.31 |
46.27 |
51.23 |
57.84 |
74.36 |
49.58 |
|
Level 5 |
42.24 |
47.31 |
52.37 |
59.13 |
76.03 |
50.69 |
1 Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.
2 Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.
B.4 Ancillary employees
B.4.1 Full-time and part-time adult employees—ordinary,
shiftwork and penalty rates
|
All employees |
Shiftworkers |
All employees |
|||||
|
Ordinary hours |
Outside normal span of hours1 |
Continuous night shift2 |
Saturday |
Sunday |
Public holiday |
Public holiday |
|
|
% of minimum hourly rate |
|||||||
|
100% |
115% |
130% |
150% |
200% |
150% plus one day off3 |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Cleaner |
21.33 |
24.53 |
27.73 |
32.00 |
42.66 |
32.00 |
53.33 |
|
Driver—Grade 1 |
22.21 |
25.54 |
28.87 |
33.32 |
44.42 |
33.32 |
55.53 |
|
Driver—Grade 2 |
22.79 |
26.21 |
29.63 |
34.19 |
45.58 |
34.19 |
56.98 |
|
Caretaker |
22.79 |
26.21 |
29.63 |
34.19 |
45.58 |
34.19 |
56.98 |
1 Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.
2 Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.
3 At the ordinary time rate, that is, an hour for each hour worked in accordance with clause 28.2(a)(ii).
B.4.2 Full-time and part-time adult employees—overtime rates
|
Employees other than shiftworkers |
Shiftworkers - broken shifts |
All employees |
||||
|
Outside the span of hours1 |
Outside the span of hours1 |
Outside a spread of 9 hours2 |
Outside a spread of 12 hours3 |
Excess hours4 |
||
|
First 2 hours |
After 2 hours |
First 2 hours |
After 2 hours |
|||
|
% of minimum hourly rate |
||||||
|
150% |
200% |
150% |
200% |
150% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Cleaner |
32.00 |
42.66 |
32.00 |
42.66 |
32.00 |
42.66 |
|
Driver—Grade 1 |
33.32 |
44.42 |
33.32 |
44.42 |
33.32 |
44.42 |
|
Driver—Grade 2 |
34.19 |
45.58 |
34.19 |
45.58 |
34.19 |
45.58 |
|
Caretaker |
34.19 |
45.58 |
34.19 |
45.58 |
34.19 |
45.58 |
1.Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.
2.Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.
3.At the ordinary time rate, that is, an hour for each hour worked in accordance with clause 28.2(a)(ii).
B.4.3 Casual adult employees—ordinary, shiftwork and penalty rates
|
All employees |
Shiftworkers |
All employees |
||||
|
Day |
Outside normal span of hours1 |
Continuous night shift2 |
Saturday |
Sunday |
Public holiday |
|
|
% of minimum hourly rate |
||||||
|
125% |
140% |
155% |
175% |
225% |
150% |
|
|
$ |
$ |
$ |
$ |
$ |
$ |
|
|
Cleaner |
26.66 |
29.86 |
33.06 |
37.33 |
47.99 |
32.00 |
|
Driver—Grade 1 |
27.76 |
31.09 |
34.43 |
38.87 |
49.97 |
33.32 |
|
Driver—Grade 2 |
28.49 |
31.91 |
35.32 |
39.88 |
51.28 |
34.19 |
|
Caretaker |
28.49 |
31.91 |
35.32 |
39.88 |
51.28 |
34.19 |
1.Outside normal span of hours means where the ordinary rostered hours of work of an employee finish between 7.00 pm and 7.00 am or commence between 7.00 pm and 7.00 am in accordance with clause 21.1.
2.Continuous night shift means where a shiftworker is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift wholly within the hours of 7.00 pm and 7.00 am in accordance with clause 21.2.
Schedule C—Summary of Monetary Allowances
See clause 18—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
C.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 wage for an Aboriginal and/or Torres Strait Islander Health
Worker Grade 2 Level 1 in clause 16.1(a) = $959.30.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Bilingual qualification allowance—Level 1 |
18.2(a)(ii) |
206.93% |
1985.08 |
per annum |
|
Bilingual qualification allowance—Level 2 |
18.2(a)(ii) |
414.18% |
3973.23 |
per annum |
|
On-call and recall allowances—After ordinary working hours—other than public holiday |
20.6(a)(i) |
1.97% |
18.90 |
per any 24 hour period or part thereof |
|
On-call and recall allowances—Public holiday |
20.6(a)(ii) |
3.94% |
37.80 |
per any 24 hour period or part thereof |
C.1.2 Adjustment of wage-related allowances
Wage-related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.
C.2 Expense-related allowance
C.2.1 The following expense-related allowances will
be payable to employees in accordance with clause 18.3:
|
Allowance |
Clause |
$ |
Payable |
|
Clothing allowance—Uniform allowance—the lesser of: |
18.3(a)(i) |
||
|
– Per day or part thereof; OR |
1.20 |
per day or part thereof |
|
|
– Per week |
5.92 |
per week |
|
|
Clothing allowance—Laundry allowance—the lesser of: |
18.3(a)(ii) |
||
|
– Per day or part thereof; OR |
0.26 |
per day or part thereof |
|
|
– Per week |
1.29 |
per week |
|
|
Travelling, transport and fares—use of own motor vehicle |
18.3(b)(i) |
0.78 |
per km |
|
Meal allowance—Overtime of more than one hour after usual finishing time |
18.3(c)(i) |
13.29 |
per occasion |
|
Meal allowance—Overtime exceeding 4 hours |
18.3(c)(ii) |
11.98 |
per occasion |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the
standard rate, each expense-related allowance will be increased by
the relevant adjustment factor. The relevant adjustment factor for this purpose
is the percentage movement in the applicable index figure most recently published
by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index
figure published by the Australian Bureau of Statistics for the Eight Capitals
Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Uniform/laundry allowances |
Clothing and footwear group |
|
Meal allowance |
Take-away and fast foods sub-group |
|
Vehicle allowance |
Private motoring sub-group |
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:
approved assessor means a person accredited
by the management unit established by the Commonwealth under the supported wage
system to perform assessments of an individual’s productive capacity within
the supported wage system.
assessment
instrument means the tool provided for under the supported wage system that
records the assessment of the productive capacity of the person to be employed
under the supported wage system.
disability
support pension means the Commonwealth pension scheme to provide income security
for persons with a disability as provided under the Social Security Act 1991
(Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage
prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth
Government system to promote employment for people who cannot work at full award
wages because of a disability, as documented in the Supported Wage System Handbook.
The Handbook is available from the following website:
www.jobaccess.gov.au.
SWS wage assessment agreement means the document
in the form required by the Department of Social Services that records the employee’s
productive capacity and agreed wage rate.
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 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 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:
(a) All employees
will have the right to refuse to work on the part-day public holiday if the
request to work is not reasonable or the refusal is reasonable as provided for
in the
NES.
(b) Where a part-time
or full-time employee is usually rostered to work ordinary hours on the declared
or prescribed part-day public holiday but as a result of exercising their right
under the
NES does not work, they will be paid their ordinary rate of pay for
such hours not worked.
(c) Where a part-time
or full-time employee is usually rostered to work ordinary hours on the declared
or prescribed part-day public holiday but as a result of being on annual leave
does not work, they will be taken not to be on annual leave during the hours
of the declared or prescribed part-day public holiday that they would have usually
been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee
is usually rostered to work ordinary hours on the declared or prescribed part-day
public holiday, but as a result of having a rostered day off (RDO) provided
under this award, does not work, the employee will be taken to be on a public
holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Excluding annualised salaried employees
to whom clause H.2(f) applies, where an employee
works any hours on the declared or prescribed part-day public holiday they will
be entitled to the appropriate public holiday penalty rate (if any) in this
award for those hours worked.
(f) Where an employee is paid an annualised salary
under the provisions of this award and is entitled under this award to time
off in lieu or additional annual leave for work on a public holiday, they will
be entitled to time off in lieu or pro-rata annual leave equivalent to the time
worked on the declared or prescribed part-day public holiday.
(g) An employee not rostered to work on the declared
or prescribed part-day public holiday, other than an employee who has exercised
their right in accordance with clause H.2(a), will
not be entitled to another day off, another day’s pay or another day of
annual leave as a result of the part-day public holiday.
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 24—Additional
Measures During the COVID-19 Pandemic
H.5 Subject to clauses
X.2.1(d) and X.2.2(c),
Schedule X operates from 8 April 2020 until 30 June
2020. The period of operation can be extended on application.
H.6 During the operation of
Schedule X, the following provisions apply:
H.6.1 Unpaid pandemic leave
(a) Subject to clauses
X.2.1(b), (c) and
(d), any employee is entitled to take up to 2 weeks’
unpaid leave if the employee is required by government or medical authorities
or on the advice of a medical practitioner to self-isolate and is consequently
prevented from working, or is otherwise prevented from working by measures taken
by government or medical authorities in response to the COVID-19 pandemic.
(b) The employee
must give their employer notice of the taking of leave under clause X.2.1(a)
and of the reason the employee requires the leave, as soon as practicable (which
may be a time after the leave has started).
(c) An employee who
has given their employer notice of taking leave under clause X.2.1(a)
must, if required by the employer, give the employer evidence that would satisfy
a reasonable person that the leave is taken for a reason given in clause
X.2.1(a).
(d) A period of leave
under clause X.2.1(a) must start before 30 June
2020, but may end after that date.
(e) Leave taken under clause
X.2.1(a) does not affect any other paid or unpaid
leave entitlement of the employee and counts as service for the purposes of
entitlements under this award and the
NES.
NOTE: The employer and
employee may agree that the employee may take more than 2 weeks’
unpaid pandemic leave.
H.6.2 Annual leave at half pay
(a) Instead of an
employee taking paid annual leave on full pay, the employee and their employer
may agree to the employee taking twice as much leave on half pay.
(b) Any agreement to take twice as much annual
leave at half pay must be recorded in writing and retained as an employee record.
(c) A period of
leave under clause X.2.2(a) must start before 30
June 2020, but may end after that date.
EXAMPLE: Instead of an employee taking one week’s
annual leave on full pay, the employee and their employer may agree to the employee
taking 2 weeks’ annual leave on half pay. In this example:
• the employee’s pay for the 2 weeks’
leave is the same as the pay the employee would have been entitled to for one week’s
leave on full pay (where one week’s full pay includes leave loading under
the Annual Leave clause of this award); and
• one week of leave is deducted from the
employee’s annual leave accrual.
NOTE 1: A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.
NOTE 2: Under section 340(1) of the Act, an employer must not take adverse action against an employee because the employee has a workplace right, has or has not exercised a workplace right, or proposes or does not propose to exercise a workplace right, or to prevent the employee exercising a workplace right. Under section 342(1) of the Act, an employer takes adverse action against an employee if the employer dismisses the employee, injures the employee in his or her employment, alters the position of the employee to the employee’s prejudice, or discriminates between the employee and other employees of the employer.
NOTE 3: Under section 343(1) of the Act, a person must not organise or take, or threaten to organise or take, action against another person with intent to coerce the person to exercise or not exercise, or propose to exercise or not exercise, a workplace right, or to exercise or propose to exercise a workplace right in a particular way.