MA000047  PR718523 [Note: a correction has been issued to this document]
FAIR WORK COMMISSION

DETERMINATION

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

4 yearly review of modern awards
(AM2019/17)

AIRCRAFT CABIN CREW AWARD 2010
[MA000047]

Airline operations

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 30 APRIL 2020

4 yearly review of modern awards – Aircraft Cabin Crew Award 2010 – modern award varied.

A. Further to the decision [[2020] FWCFB 2124] issued by the Full Bench of the Fair Work Commission on 27 April 2020, the Aircraft Cabin Crew Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation from 18 June 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 18 June 2020

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Aircraft Cabin Crew 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 7
4. Coverage 7
5. Individual flexibility arrangements 8
6. Requests for flexible working arrangements 9
7. Facilitative provisions 11
Part 2— Types of Employment 12
8. Types of employment 12
9. Full-time employees 12
10. Part-time employees 12
11. Casual employees 13
12. Employee duties 15
Part 3— Hours of Work 15
13. Ordinary hours of work and rostering 15
Part 4— Wages and Allowances 16
14. Minimum rates 16
15. Payment of wages 16
16. Allowances 17
17. Superannuation 18
Part 5— Overtime 19
18. Overtime 19
Part 6— Leave and Public Holidays 21
19. Annual leave 21
20. Excessive Annual Leave 24
21. Personal/carer’s leave and compassionate leave 26
22. Parental leave and related entitlements 26
23. Community service leave 26
24. Unpaid family and domestic violence leave 26
25. Public holidays 27
Part 7— Consultation and Dispute Resolution 27
26. Consultation about major workplace change 27
27. Consultation about changes to rosters or hours of work 28
28. Dispute resolution 28
Part 8— Termination of Employment and Redundancy 29
29. Termination of employment 29
30. Redundancy 31
Schedule A —Domestic Flying 33
Schedule B —Regional Flying 39
Schedule C —International Flying 47
Schedule D —Summary of Hourly Rates of Pay 52
Schedule E —Summary of Monetary Allowances 53
Schedule F —Agreement for Time Off Instead of Payment for Overtime 56
Schedule G —Agreement to Take Annual Leave in Advance 57
Schedule H —Agreement to Cash Out Annual Leave 58
Schedule I —Part-day Public Holidays 59
Schedule X —Additional Measures During the COVID-19 Pandemic 60

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Aircraft Cabin Crew Award 2020.

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

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

2. Definitions

In this award, unless the contrary intention appears:

(a) all time spent as an operating cabin crew member whilst in flight including time spent in flight deadheading on duty, or while accompanying disabled people, aged people or infants;

(b) time required for duty, including deadhead travel before and after each daily flight sequences, will be not less than 45 minutes prior to departure for sign-on purposes and not less than 15 minutes after engine shut down for sign-off purposes;

(c) time spent on the ground between sign-on and sign-off;

(d) time spent on airport reserve duty;

(e) time spent on reserve duty at home as specified in clause A.9;

(f) time spent in deadhead flying and associated ground time for the purpose of operating a later service, or time spent in deadhead flying and associated ground time for the purpose of returning to base after operating a service terminating short of base. Credit under clause 2 will cease if the cabin crew member released for an overnight stop elects to return by a later service;

(g) time spent in emergency procedure practices, examinations and courses organised by the employer;

(h) time spent on uniform fittings, where the employer pays the cost of the uniforms;

(i) time spent when required for duty other than flying not specifically covered by clause 2;

(j) time spent as assignable in accordance with clause A.9; or

(k) time spent where cabin crew members are required to be interviewed by police or legal counsel or give evidence in civil or criminal courts for matters arising out of their employment.

(a) within Australia to a point of arrival in another country;

(b) within another country to a point of arrival in Australia; or

(c) within another country to a point of arrival in another country,

(a) acts of war, whether declared or undeclared;

(b) warlike acts in the course of civil war or armed civil insurrection;

(c) deliberate attacks on aircraft by units or armed forces (including shooting or forcing down in time of peace); or

(d) where a cabin crew member is killed in the course of duty with the employer as a result of proven acts of sabotage or acts of hijacking.

3. The National Employment Standards and this award

3.1 The NES and this award contain the minimum conditions of employment for employees covered by this award.

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

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

4. Coverage

4.1 This award covers employers of aircraft cabin crew and their employees employed throughout Australia in the classifications listed in clause 14Minimum rates to the exclusion of any other modern award.

4.2 This award covers any employer which supplies on-hire employees in classifications set out in clause 14Minimum rates and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.2 operates subject to the exclusions from coverage in this award.

4.3 The award does not cover:

(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.

4.4 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.

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

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

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

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

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

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

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

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

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

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

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

6.5 Dispute resolution

7. Facilitative provisions

7.1 This award contains facilitative provisions that allow agreement between an employer and cabin crew members and their representatives on how specific award provisions are to apply at the workplace or part or parts of it.

7.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to a cabin crew member or cabin crew members covered by this award.

7.3 If a facilitative provision requires agreement between the employer and the majority of cabin crew members and their representatives in the workplace or part or parts of it and agreement is reached, the agreement binds all cabin crew members in that workplace or part or parts of it.

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

Clause

Provision

Agreement between an employer and:

11.4(b)

Payment of wages—casual employees

An individual or the majority of employees

15.1(b)

Period of payment

An individual or the majority of employees

18.4

Time off instead of payment for overtime

An individual

19.7

When payment will be made for annual leave

An individual

19.9

Recall of employee from annual leave

An individual

19.11

Annual leave in advance

An individual

19.12

Cashing out of annual leave

An individual

A.6.1(c)

Domestic flying—overtime

An individual

B.1.6(a)(ii)

Accommodation and meals on a layover—general entitlement

An individual

B.1.6(a)(iv)

Accommodation and meals on a layover—general entitlement

An individual

B.2.8

Regional flying—Days off

An individual

C.6.1(c)

International flying—Overtime

An individual

Part 2—Types of Employment

8. Types of employment

8.1 Cabin crew members under this award will be employed in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual.

8.2 At the time of engagement an employer will inform each cabin crew member of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.

8.3 A cabin crew member can be appointed to:

(a) predominantly undertake international flying;

(b) predominantly undertake domestic flying;

(c) predominantly undertake regional flying; or

(d) undertake a mix of international and domestic flying.

9. Full-time employees

A full-time employee is an employee who is engaged as such and is rostered between 1716 and 1872 hours per annum.

10. Part-time employees

10.1 A part-time employee is an employee who is engaged as such and is required to work less than the full-time hours at the workplace on a reasonably predictable basis.

10.2 Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time cabin crew members who do the same work in the classification concerned.

10.3 At the time of engagement the employer and the part-time cabin crew member will agree in writing on a regular pattern of work.

10.4 An employer is required to roster a part-time cabin crew member for a minimum of 4 consecutive hours on any shift.

10.5 All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

10.6 A part-time cabin crew member employed under the provisions of clause 10 must be paid for ordinary hours worked at the minimum hourly rate prescribed for the class of work performed.

11. Casual employees

11.1 A casual employee is an employee engaged as such.

11.2 A casual cabin crew member must be paid per hour at the minimum hourly rate prescribed for the class of work performed, plus 25%. This loading is instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.

11.3 Casual cabin crew members are entitled to a minimum payment of 4 hours’ work at the appropriate rate.

11.4 Payment of wages—casual employees

(a) Casual cabin crew members must be paid either at the termination of each engagement, weekly, fortnightly or monthly, in accordance with the method of payment in clause 15.2.

(b) Alternatively, by agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid, in arrears, over such other period as is agreed. Agreement in this respect may also be reached between the employer and an individual employee.

11.5 Right to request casual conversion

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

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

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

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

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

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

(g) Reasonable grounds for refusal include that:

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

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

(j) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 28Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

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

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

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

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

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

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

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

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

12. Employee duties

12.1 The employer may employ employees, and employees must serve the employer, in any part of the world where it may, from time to time, be operating.

12.2 The employer may direct an employee to carry out such duties as are within the limits of the employee’s skills, competence and training including duties which are related, peripheral or incidental to such duties.

12.3 Notwithstanding the requirements of clauses 12.1 and 12.2 an employer cannot require service of an employee in warlike or hostile circumstances.

Part 3—Hours of Work

13. Ordinary hours of work and rostering

13.1 Domestic cabin crew member hours of work and duty hour limitations provisions are contained in Schedule A—Domestic Flying.

13.2 Regional cabin crew member hours of work and duty hour limitations provisions are contained in Schedule B—Regional Flying.

13.3 International cabin crew member hours of work and duty hour limitations provisions are contained in Schedule C—International Flying.

Part 4—Wages and Allowances

14. Minimum rates

14.1 The classifications and minimum rates under this award are set out in clause 14.2.

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

Employee classification

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Cabin crew member

845.70

22.26

Cabin crew supervisor (narrow-bodied aircraft, 4 or more crew)

986.70

25.97

Cabin crew manager (wide-bodied aircraft)

1152.40

30.33

15. Payment of wages

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

15.1 Period of payment

(a) Except as provided in clause 15.1(b), wages must be paid each 14 or 28 days or calendar month, in arrears.

(b) By agreement between the employer and a majority of employees in the relevant enterprise, wages may be paid, in arrears, over such other period as is agreed. Agreement in this respect may also be reached between the employer and an individual employee.

15.2 Method of payment

15.3 Payment on termination of employment

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

(b) The requirement to pay wages and other amounts under clause 15.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

16. Allowances

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

16.1 Domestic cabin crew member allowances including wage, expense and disability allowances are contained in Schedule A—Domestic Flying.

16.2 Regional cabin crew member allowances including wage, expense and disability allowances are contained in Schedule B—Regional Flying.

16.3 International cabin crew member allowances including wage, expense and disability allowances are contained in Schedule C—International Flying.

NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances.

17. Superannuation

17.1 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.

17.2 Employer contributions

17.3 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 17.2.

(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 17.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 17.3(a) or (b) was made.

17.4 Superannuation fund

(a) 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

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

Part 5—Overtime

18. Overtime

18.1 Domestic cabin crew member overtime entitlements are contained in Schedule A—Domestic Flying.

18.2 Regional cabin crew member overtime entitlements are contained in Schedule B—Regional Flying.

18.3 International cabin crew member overtime entitlements are contained in Schedule C—International Flying.

18.4 Time off instead of payment for overtime

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

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 18.4.

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

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

(e) Time off must be taken:

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 18.4 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 18.4(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 18.4 as an employee record.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 18.4 will apply, including the requirement for separate written agreements under clause 18.4(b) for overtime that has been worked.

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 18.4 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

Part 6—Leave and Public Holidays

19. Annual leave

19.1 Annual leave is provided for in the NES.

19.2 Entitlement to annual leave

19.3 Annual leave loading

19.4 Requirement to take leave notwithstanding terms of the NES

19.5 When annual leave can be taken

(a) A period of leave will commence on a Monday unless otherwise mutually agreed.

(b) Normally, annual leave will be granted and will be taken within 12 months from the date on which it falls due or alternatively 15 months from the date of commencement of the preceding period of leave.

(c) Annual leave will be allocated in no more than 2 periods unless otherwise mutually agreed between the employee and the employer.

(d) Subject to clause 20Excessive Annual Leave, annual leave must be taken at a time mutually agreed between the employee and employer.

19.6 Proportionate annual leave on termination of employment

(a) for all untaken annual leave entitlements that have fallen due in relation to any completed years of service, in accordance with clause 19.2, and the loading specified in clause 19.3 for each completed year of service; and

(b) for the balance of the employment period, or for the whole period where it has been less than one completed year, at the rate of 1/365th of the entitlement in clause 19.3 for each completed day of employment in respect of which annual leave has not been granted; and

(c) the annual leave loading, as specified in clause 19.3, will be paid in the case of redundancy.

19.7 When payment will be made for annual leave

19.8 Electronic funds transfer (EFT) payment of annual leave

19.9 Recall of employee from annual leave

19.10 Illness during annual leave

(a) would not be fit for work during annual leave because of a personal illness, or personal injury, affecting the employee;

(b) advises the employer as soon as practicable of such illness or injury; and

(c) produces medical evidence of the illness or injury;

19.11 Annual leave in advance

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

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 19.11 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 19.11, 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.

19.12 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 19.12.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 19.12.

(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 19.12 must state:

(e) An agreement under clause 19.12 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 19.12 as an employee record.

20. Excessive Annual Leave

20.1 Excessive Annual Leave Accruals

20.2 Definitions

20.3 Eliminating excessive leave accruals

21. Personal/carer’s leave and compassionate leave

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

21.2 Clause 21 applies to full-time and part-time employees.

21.3 Effect of workers compensation

21.4 Return from personal leave

21.5 URTI leave

22. Parental leave and related entitlements

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

23. Community service leave

Community service leave is provided for in the NES.

24. 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.

25. Public holidays

25.1 For the avoidance of doubt:

(a) the minimum wage provided for in this award; and

(b) the entitlement to annual leave in clause 19Annual leave,

25.2 Part-day public holidays

Part 7—Consultation and Dispute Resolution

26. Consultation about major workplace change

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

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

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

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

26.2 For the purposes of the discussion under clause 26.1(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.

26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

26.4 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 26.1(b).

26.5 In clause 26 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.

26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.

27. Consultation about changes to rosters or hours of work

27.1 Clause 27 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.

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

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

(a) provide to the employees and representatives mentioned in clause 27.2 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.

27.4 The employer must consider any views given under clause 27.3(b).

27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

28. Dispute resolution

28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

28.2 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.

28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, 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.

28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.

28.5 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.

28.6 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.

28.7 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 28.

28.8 While procedures are being followed under clause 28 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.

28.9 Clause 28.8 is subject to any applicable work health and safety legislation

Part 8—Termination of Employment and Redundancy

29. Termination of employment

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

29.1 Notice of termination by an employee

(a) Clause 29.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

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

(c) In clause 29.1(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 29.1(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 29.1(b), then no deduction can be made under clause 29.1(d).

(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.

29.2 Job search entitlement

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

(b) The time off under clause 29.2(a) is to be taken at times that are convenient to the employee after consultation with the employer.

29.3 Termination away from home base

(a) Where the employment of a cabin crew member is terminated by either the cabin crew member or the employer while the cabin crew member is away from base on a layover or temporary transfer, the notice period in either clause 29.1 or the NES will commence on the cabin crew member’s return to home base or the place of recruitment where this is mutually agreed.

(b) Where the employment of a cabin crew member is terminated by either the cabin crew member or the employer while the cabin crew member is away from base on a layover or temporary transfer, the cabin crew member must be reimbursed for the cost of transport back to home base for the cabin crew member, their spouse or de facto partner, dependent children under 21 years of age and their possessions.

(c) Where the cabin crew member has transferred to a new home base at the employer’s direction and is subsequently terminated by the employer within 12 months, the cabin crew member must be reimbursed for the cost of transport to the previous home base for the cabin crew member, their spouse or de facto partner, dependent children under 21 years of age, and their possessions.

(d) Clauses 29.3(b) and 29.3(c) do not apply when an employer elects to provide equivalent transport.

30. Redundancy

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

30.1 Transfer to lower paid duties on redundancy

(a) Clause 30.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 30.1(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 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 and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

30.2 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 30 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.

30.3 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 30.3(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 30.3(b).

(d) An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 29.2.

30.4 Terminated away from home base


Schedule A—Domestic Flying
A.1 Allowances
A.1.1 Relocation expenses

A.1.2 Uniforms

A.1.3 Accommodation

A.1.4 Higher duties

A.1.5 Passports and visas

A.1.6 Ground transport allowance

A.1.7 Flying allowance

A.1.8 Training allowance

A.1.9 Meal allowance

A.2 Ordinary hours of work
A.2.1 Ordinary hours of work for employees are 1872 hours each year, including attendance caused by flight delays and roster changes. Planned duty hours will be rostered:

A.2.2 Ordinary hours of work for employees include weekends and public holidays. If required by the employer, employees may be required to perform work in any pattern of hours, including work on weekends and public holidays.
A.3 Rostering
A.3.1 The employer must prepare a roster for the roster period for full-time and part-time employees showing sign-on and sign-off times, stand-by, duties, rostered days off, flight details, dates and ports of overnight stays.
A.3.2 The roster must be provided to employees at least 7 days before the commencement of the roster period.
A.3.3 The employer may reassign employees an alternative duty for an operational reason at any time during the roster period.
A.3.4 With the consent of the employer, employees may exchange duties, stand-by or rostered days off.
A.3.5 An employee will not be rostered beyond a maximum of 6 sectors in any duty period and will not be rostered to work on more than 6 consecutive days.
A.3.6 Meal breaks

A.4 Rostered days off
A.4.1 Employees will be entitled to 8 calendar days off at home base in each completed 28 day period.
A.4.2 Where an employee works on a calendar month roster, the employee’s days off will be a minimum of 9 days off in every month.
A.4.3 The employer may contact employees on a rostered day off and request employees to work. The employee may refuse to work if to do so would be unreasonable having regard to:

A.4.4 The employer may call employees in to undertake duty as required.
A.4.5 Where a duty inadvertently infringes a rostered day off, an employee will be entitled to a substitute day off which will be assigned on a day agreed with the employee. If agreement on a substitute day off cannot be reached the substitute day off will be assigned in the next roster period.
A.5 Duty limitations and rest periods
A.5.1 For all domestic flying the following duty hour limitations will apply. Duty time is calculated from the sign-on time for that duty. The maximum duty time will be:

Duty type

Planned hours

Unplanned hours

Deadhead

12

15

Operate

12

15

Deadhead to operate

12

15

Operate to deadhead

12

15

Operate to deadhead to home base

13

16

Non-airport reserve (stand-by credits do not count towards duty limitations)

12

N/A

Airport reserve (stand-by credits do not count towards duty limitations)

8

N/A

Other non-flying duty

12

N/A

Combination non-flying duty and operate or deadhead

14

16

A.5.2 Rest periods

A.6 Overtime
A.6.1 Overtime for domestic flying will be paid as follows:

A.7 Call in and work on days off
A.7.1 Employees may elect to work on up to 3 of their days off within a 28 day period with the consent of the employer. The hours worked will count towards the roster period hourly total.
A.7.2 Subject to clause A.7.1 employees may elect to reduce their day off period if the employee wishes to resume their next rostered duties.
A.7.3 Rest periods and days off may overlap.
A.8 Deadhead
A.8.1 Deadhead sector(s) may occur at any stage during a duty period.
A.8.2 Employees must deadhead in uniform or carry on board their uniform on every occasion in case employees are required to operate. Employees may be directed to operate on deadhead duty.
A.9 Reserve
A.9.1 Any period in a roster that is not assigned as a duty period, rest period, or rostered day off may be assigned as a reserve duty either at roster build or during the roster period.
A.9.2 A reserve duty may be at an airport, home or other location.
A.9.3 If employees are on reserve duty (other than an airport stand-by) employees must be contactable and ready to perform duties within 90 minutes of contact. This time limit may be extended in particular circumstances and employees will be advised of any such extensions.
A.9.4 Employees may be released from reserve duties at any time.
A.9.5 If an employee commences a planned stand-by period without having been assigned a duty and is subsequently called in, the hours elapsed between the commencement of the stand-by period and the sign-on for the duty must be credited on a 1:4 basis. Such credited hours will count towards the roster period hourly total, but will not be included in any duty period limitation for the purposes of clause A.5.1.

A.9.6 Where reserve duty occurs at an airport, all elapsed hours spent on reserve before the allocation of a flying duty will be credited towards the roster period hourly total but not to duty period limitations.
A.9.7 Notwithstanding clause A.9.6, where reserve duty occurs at an airport and the employee is rostered to perform predominantly domestic flying, all elapsed hours spent on standby before the allocation of a flying duty will be credited towards the roster period hourly total and towards duty period limitations for a call out for domestic flying.
Schedule B
—Regional Flying
B.1 Allowances
B.1.1 Uniform and grooming allowances

B.1.2 Travel at employer’s direction

(a) Where a regional cabin crew member’s family is travelling at the direction of the employer, the employer will reimburse the regional cabin crew member:

B.1.3 Uniform fittings in another base

B.1.4 Transport provided where regional cabin crew member is away from home base more than 48 hours

B.1.5 Transport provided on a layover

B.1.6 Accommodation and meals on a layover

B.1.7 Layover allowance

B.1.8 Stopover of four hours or more

B.1.9 Meal periods and allowances

Meal period

Time period

Allowance

   

$

Breakfast

0630 to 0800 hours

21.98

Lunch

1200 to 1330 hours

25.34

Dinner

1800 to 2000 hours

57.21

B.1.10 Telephone allowance

B.1.11 Loss or damage to personal effects allowance

B.1.12 Reimbursement for legal claims allowances

B.1.13 Death benefits allowances

B.2 Hours of work
B.2.1 Monthly hours

B.2.2 Weekly hours

B.2.3 Fortnightly hours

B.2.4 Daily duty hours

B.2.5 Maximum number of consecutive working days

B.2.6 Maximum number of sectors

B.2.7 Meal breaks

B.2.8 Days off

B.2.9 Working on a designated day off

B.3 Rest periods
B.3.1 A tour of duty or period of reserve time at home must be preceded by a rest period on the ground of at least:

B.3.2 Despite the provisions of clause B.3.1, when an aircraft is scheduled to arrive at such a time that the regional cabin crew member would be free of duty not later than 2200 hours local time and the aircraft is delayed beyond that time, the 9 hour rest period prescribed may be commenced up to 2300 hours local time, provided the succeeding tour of duty does not exceed 6 hours.
B.3.3 Where a regional cabin crew member is rostered to fly 8 hours or less and that rostered flying has been extended under clause B.2.4(d) up to 9 hours the regional cabin crew member must receive a rest period on the ground of not less than:

B.3.4 Where a regional cabin crew member is rostered for a tour of duty of 11 hours or less and that rostered duty has been extended under clause B.2.4(b) up to 12 hours, the regional cabin crew member must receive a rest period on the ground of not less than:

B.3.5 Where a regional cabin crew member has commenced a tour of duty of 11 hours or less under clause B.2.4(a) or a tour of duty of 8 hours’ flight time or less under clause B.2.4(c) and the duty exceeds 12 hours or the flight time exceeds 9 hours the regional cabin crew member must have, at the completion of the tour of duty, a rest period of at least 24 consecutive hours.
B.3.6 Where a regional cabin crew member has completed 2 consecutive tours of duty, the aggregate of which exceeds 8 hours’ flight time or 11 hours’ duty time, and the intervening rest period is less than:

B.3.7 Despite the provisions of clause B.3.6, when an aircraft is scheduled to arrive at such a time that the regional cabin crew member would be free of duty not later than 2200 hours local time and the aircraft is delayed beyond that time, the 12 hour rest period prescribed in clause B.3.6 may be commenced up to 2300 hours provided that the succeeding tour of duty does not exceed 6 hours.
B.3.8 A regional cabin crew member must not commence a flight and an operator must not roster a regional cabin crew member for a flight unless during the 7 day period terminating coincident with the termination of the flight, the regional cabin crew member has been relieved from all duty associated with their employment for at least one continuous period including the hours between 2200 hours and 0600 hours on 2 consecutive nights.
B.4 Rosters
B.4.1 Cabin crew member rosters covering 14 or 28 day periods must be provided in writing not less than 7 days prior to the commencement of the roster period.
B.4.2 A copy of the complete roster must be displayed on the regional cabin crew member notice board prior to the commencement of the roster period.
B.4.3 Each roster will specify the regional cabin crew member’s designated days off, duty days, tours of duty, flight details, periods of leave and any other form of duty as may be applicable.
B.4.4 A rostered tour of duty must not be preceded or followed by a period of reserve duty in any one calendar day.
B.4.5 Changes to duties

B.4.6 Exchange of rostered duty

Schedule C
—International Flying

The provisions in Schedule C—International Flying apply only to cabin crew members when they are rostered to predominantly undertake international flying.

C.1 Allowances
C.1.1 Relocation expenses

C.1.2 Uniforms

C.1.3 Accommodation

C.1.4 Higher duties

C.1.5 Passports and visas

C.1.6 Ground transport allowance

C.1.7 International incidentals allowance

C.1.8 International meal allowance

C.2 Ordinary hours of work
C.2.1 Ordinary hours of work for employees are 1872 hours each year. Planned duty hours will be rostered:

C.2.2 Ordinary hours of work for employees include weekends and public holidays. If required by the employer, employees may be required to perform work in any pattern of hours, including work on weekends and public holidays.
C.3 Rostering
C.3.1 The employer must prepare a roster for the roster period for full-time and part-time employees showing sign-on and sign-off times, stand-by, duties, rostered days off, flight details, dates and ports of overnight stays.
C.3.2 The roster must be provided to employees at least 7 days before the commencement of the roster period.
C.3.3 The employer may reassign employees an alternative duty during the roster period for valid operational reasons only.
C.3.4 With the consent of the employer, employees may exchange duties, stand-by or rostered days off.
C.3.5 Meal breaks

C.4 Rostered days off
C.4.1 Employees will be entitled to 8 calendar days off at home base in each completed 28 day period.
C.4.2 Where an employee works on a calendar month roster the employee’s days off will be a minimum of 9 days off in every month.
C.4.3 The employer may contact employees on a rostered day off and request employees to work. The employee may refuse to work if to do so would be unreasonable having regard to:

C.4.4 The employer may call employees in to undertake duty as required.
C.4.5 Where an employee is assigned to a duty that commences on a rostered day off in accordance with clause C.4.3, a substitute day off will be assigned on an agreed day with the employee. If agreement on a substitute day cannot be reached the substitute day will be assigned in the next roster period.
C.5 Duty limitations and rest periods
C.5.1 For all international flying the following duty period limitations will apply:

C.5.2 Rest periods

C.6 Overtime
C.6.1 Overtime for international flying will be paid as follows:

C.7 Reserve
C.7.1 Any period in a roster that is not assigned as a duty period, rest period, or rostered day off may be assigned as a reserve duty either at roster build or during the roster period.
C.7.2 A reserve duty may be at an airport, home or other location.
C.7.3 If employees are on reserve duty (other than an airport stand-by) employees must be contactable and ready to perform duties within 90 minutes of contact. This time limit may be extended in particular circumstances and employees will be advised of any such extensions.
C.7.4 Employees may be released from reserve duties at any time.
C.7.5 If an employee commences a planned stand-by period without having been assigned a duty and is subsequently called in, the hours elapsed between the commencement of the stand-by period and the sign-on for the duty must be credited on a 1:4 basis. Such credited hours will count towards the roster period hourly total, but will not be included in any duty period limitation for the purposes of clause C.5.1.

C.7.6 Where reserve duty occurs at an airport, all elapsed hours spent on reserve before the allocation of a flying duty will be credited towards the roster period hourly total but not to duty period limitations.
Schedule D
—Summary of Hourly Rates of Pay
D.1 Full-time and part-time employees
D.1.1 Full-time and part-time employees—ordinary and overtime rates

 Employee classification

Ordinary hours

Overtime—domestic flying and international flying employees

For all time worked in excess of 1872 hours in a year or in excess of the employee’s roster cycle maximum

 

% of minimum hourly rate

 

100%

200%

 

$

$

Cabin crew member

22.26

44.52

Cabin crew supervisor (narrow-bodied aircraft, 4 or more crew)

25.97

51.94

Cabin crew manager (wide-bodied aircraft)

30.33

60.66

D.2 Casual employees
D.2.1 Casual employees—ordinary and overtime rates

 Employee classification

Ordinary hours

 

% of minimum hourly rate

 

125%

 

$

Cabin crew member

27.83

Cabin crew supervisor (narrow-bodied aircraft, 4 or more crew).

32.46

Cabin crew manager (wide-bodied aircraft)

37.91

   

Schedule E—Summary of Monetary Allowances

See clause 16Allowances for full details of allowances payable under this award.

E.1 Wage-related allowances:
E.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2Definitions as the minimum weekly rate for a cabin crew member in clause 14.2 = $845.70.

E.1.2 Adjustment of wage–related allowances

E.2 Expense-related allowances:
E.2.1 The following expense-related allowances will be payable to employees in accordance with Schedule A—Domestic Flying, Schedule B—Regional Flying, and Schedule C—International Flying:

E.2.2 Adjustment of expense-related allowances

E.3 Other allowances:

   

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

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

Schedule 24—Additional Measures During the COVID-19 Pandemic
I.4 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.
I.5 During the operation of Schedule X, the following provisions apply:
I.5.1 Unpaid pandemic leave

I.5.2 Annual leave at half pay

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.