DETERMINATION

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

4 yearly review of modern awards
(AM2019/17)

BLACK COAL MINING INDUSTRY AWARD 2010
[MA000001]

4 yearly review of modern awards – Black Coal Mining Industry Award 2010 – modern award varied and renamed.

A. Further to the decision [[2021] FWCFB 6050] issued by the Full Bench of the Fair Work Commission on 30 November 2021, the Black Coal Mining Industry Award 2010 is varied as follows:

1. By deleting all clauses and schedules.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation on 28 January 2022. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 28 January 2022.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Black Coal Mining Industry Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 5
4. Coverage 5
5. Individual flexibility arrangements 7
6. Requests for flexible working arrangements 8
7. Facilitative provisions 10
Part 2— Types of Employment and Classifications 10
8. Types of employment 10
9. Full-time employees 11
10. Part-time employees 11
11. Casual employees 11
12. Classifications 12
13. Mines Rescue Service Employees 12
Part 3— Hours of Work 12
14. Ordinary hours of work 12
15. Rostering arrangements 12
16. Breaks 15
Part 4— Wages and Allowances 16
17. Minimum rates and allowances 16
18. Accident pay 16
19. Payment of wages 18
20. Superannuation 18
Part 5— Overtime and Penalty Rates 19
21. Overtime 19
22. Shiftwork 23
23. Penalty rates and weekend work 23
Part 6— Leave and Public Holidays 24
24. Annual leave 24
25. Personal/carer’s leave and compassionate leave 30
26. Parental leave and related entitlements 31
27. Community service leave 31
28. Unpaid family and domestic violence leave 31
29. Public holidays 31
Part 7— Consultation and Dispute Resolution 33
30. Consultation about major workplace change 33
31. Consultation about changes to rosters or hours of work 34
32. Dispute resolution 34
Part 8— Termination of employment and Redundancy 35
33. Termination of employment 35
34. Redundancy 36
Schedule A —Production and Engineering Employees 38
Schedule B —Staff Employees 50
Schedule C —Summary of Hourly Rates of Pay—Production and Engineering Employees 59
Schedule D —Summary of Hourly Rates of Pay—Staff Employees 64
Schedule E —School-based Apprentices 84
Schedule F —Agreement for Time Off Instead of Payment for Overtime 85
Schedule G —Agreement to Take Annual Leave in Advance 86
Schedule H —Agreement to Cash Out Annual Leave 87
Schedule I —Mines Rescue Service Employees 88

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Black Coal Mining Industry 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:

Act means the Fair Work Act 2009 (Cth).
afternoon shift means any shift, the ordinary hours of which finish after 6.00 pm and at or before midnight.
base rate of pay means the rate of pay payable to an employee for their ordinary hours of work, but not including any of the following:

• loadings;
• monetary allowances;
• overtime or penalty rates; and
• any other separately identifiable amounts.

black coal mining industry has the meaning given in clause 4.2 and clause 4.3.
casual employee has the meaning given by section 15A of the Act.
casual minimum hourly rate means the minimum hourly rate for a casual employee for the employee’s classification specified in Schedule B—Staff Employees, inclusive of the 25% casual loading set out at clause 11.2(a).
day (unless otherwise agreed by the employer and a majority of the employees affected) means a calendar day commencing at midnight on one day and concluding 24 hours later.
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).
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.
mine means any open cut or underground coal mine, or any operation or establishment, in the black coal mining industry.
mines rescue service means an entity which is established for the purpose of providing mines rescue activities, pursuant to relevant State legislation, within the black coal mining industry.
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
night shift means any shift, the ordinary hours of which finish after midnight and at or before 8.00 am.
non-working day means any day on which an employee by virtue of the employee’s roster is never rostered to attend for rostered hours of work.
ordinary hours means the hours required to be worked by an employee for the payment of their award classification rate. Clause 14—Ordinary hours of work specifies the ordinary hours of work.
ordinary week’s pay means the minimum weekly rate in the tables of minimum rates in Schedule A—Production and Engineering Employees and Schedule B—Staff Employees, for the award classification rate in respect of 35 ordinary hours.
permanent night shift employee means an employee who:

(a) works night shift only; or

(b) stays on night shift for a longer period than 4 consecutive weeks; or

(c) works on a roster that does not give at least one-third of the employee’s working time off night shift in each roster cycle.

regular casual employee has the meaning given by section 12 of the Act.
roster means any arrangement of rostered hours worked by an employee.
roster cycle means the period over which a roster repeats and an employee’s hours average 35.
rostered day off or RDO each mean any day on which an employee, by virtue of the employee’s roster, is not rostered to attend for rostered hours of work and does not include non-working days.
rostered hours means ordinary hours of work and rostered overtime.
rostered overtime means reasonable additional hours which are required to be worked by an employee as an integral part of the employee’s roster.
rotating night shift employee means an employee other than a permanent night shift employee who works night shift.
seven day roster employee means an employee, other than a 6 day roster employee, who, over a roster cycle, may be rostered to work shifts on any of the 7 days of the week.
six day roster employee means an employee who, over a roster cycle, is rostered to work shifts, the hours of which occur during any 6 consecutive 24 hour periods in a span of 7 consecutive 24 hour periods, and where the roster includes a non-working period of at least 24 consecutive hours at the same time each week.
standard rate means the minimum weekly rate for a Mineworker – Induction Level 2 in Schedule A—Production and Engineering Employees.

3. The National Employment Standards and this award

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

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

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

4. Coverage

4.1 This award covers:

(a) employers of coal mining employees as defined in clause 4.1(b); and

(b) coal mining employees.

Coal mining employees are:

(i) employees who are employed in the black coal mining industry by an employer engaged in the black coal mining industry, whose duties are directly connected with the day to day operation of a black coal mine and who are employed in a classification or class of work in Schedule A—Production and Engineering Employees or Schedule B—Staff Employees of this award;

(ii) employees who are employed in the black coal mining industry, whose duties are carried out at or about a place where black coal is mined and are directly connected with the day to day operation of a black coal mine and who are employed in a classification or class of work in Schedule A—Production and Engineering Employees or Schedule B—Staff Employees of this award; and

(iii) employees employed by a mines rescue service.

4.2 For the purposes of this award, black coal mining industry has the meaning applied by the courts and industrial tribunals, including the Coal Industry Tribunal. Subject to the foregoing, the black coal mining industry includes:

(a) the extraction or mining of black coal on a coal mining lease by means of underground or surface mining methods;

(b) the processing of black coal at a coal handling or coal processing plant on or adjacent to a coal mining lease;

(c) the transportation of black coal on a coal mining lease; and

(d) other work on a coal mining lease directly connected with the extraction, mining and processing of black coal.

4.3 The black coal mining industry does not include:

(a) the mining of brown coal in conjunction with the operation of a power station;

(b) the work of employees employed in head offices or corporate administration offices (but excluding work in town offices associated with the day-to-day operation of a local mine or mines) of employers engaged in the black coal mining industry;

(c) the operation of a coal export terminal;

(d) construction work on or adjacent to a coal mine site;

(e) catering and other domestic services;

(f) haulage of coal off a coal mining lease (unless such haulage is to a wash plant or char plant in the vicinity of the mine); or

(g) the supply of shotfiring or other explosive services by an employer not otherwise engaged in the black coal mining industry.

NOTE: The coverage clause is intended to reflect the status quo which existed under key pre-modern awards in relation to the kinds of employers and employees to whom those awards applied and the extent to which the awards applied to such employers and employees.
An example of the types of issues and some of the case law to be considered when addressing coverage matters can be found in Australian Collieries Staff Association and Queensland Coal Owners Association – No. 20 of 1980, 22 February 1982 [Print CR2297] and in the Court decisions cited in this decision.

4.4 This award covers employers which provide group training services for apprentices and/or trainees engaged in the black coal mining industry and/or parts of that industry and those apprentices and/or 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.

4.5 This award does not cover:

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

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

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

4.6 Subject to clauses 4.1 and 4.2, 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.

6.2 Responding to the request

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 32—Dispute resolution.

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or 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:

(a) clause 15—Rostering arrangements;

(b) clause 16—Breaks;

(c) clause 19—Payment of wages;

(d) clause 21.6—Averaging overtime payments;

(e) clause 21.11—Time off instead of payment for overtime;

(f) clause 24.13—Annual leave in advance;

(g) clause 24.14—Cashing out of annual leave;

(h) clause 29.2—Substitution of recognised public holidays;

(i) clause A.8.5—Production and Engineering Employees—Payment of allowances; and

(j) clause B.3.4—Staff Employees—Payment of allowances.

Part 2—Types of Employment and Classifications

8. Types of employment

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

(a) full-time;

(b) part-time; or

(c) in the case of classifications in Schedule B—Staff Employees, casual.

9. Full-time employees

A full-time employee is an employee whose average ordinary hours of work will be 35 hours per week.

10. Part-time employees

10.1 A part-time employee:

(a) is engaged to work less than 35 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 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

10.3 Any agreed variation to the regular pattern of work will be recorded in writing.

10.4 All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 21—Overtime.

10.5 A part-time employee will be paid the minimum hourly rate prescribed for the classification, group or level on which the employee is engaged.

11. Casual employees

11.1 A casual employee must be paid for a minimum of 4 hours on each engagement.

11.2 Casual loading

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

(i) the minimum hourly rate; and

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

for the classification in which they are employed. This rate (inclusive of the 25% loading) is the casual minimum hourly rate.

(b) The casual loading is paid instead of the leave entitlements under this award.

11.3 When a casual employee works overtime, they must be paid the overtime rates in clauses 21.2(a) and 21.2(c).

11.4 Offers and requests for casual conversion

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 32—Dispute resolution.

12. Classifications

12.1 The classifications in which employees may be employed are set out in the following schedules:

(a) Schedule A—Production and Engineering Employees; and

(b) Schedule B—Staff Employees.

12.2 Employer and employee duties

(a) An employee:

(i) must perform work as reasonably required by the employer; and

(ii) must undertake training that the employer reasonably requires (which may include training to maintain their classification or acquire new competencies).

(b) Where an employee does not perform work or undertake training in accordance with clause 12.2(a) the employee is not entitled to payment for that period.

(c) The employer may direct an employee to carry out duties that are within the limits of the employee’s skills, competence and training consistent with the respective classification structures of this award provided that the duties:

(i) are not designed to promote deskilling; and

(ii) are within safe working practices and statutory requirements.

13. Mines Rescue Service Employees

Schedule I—Mines Rescue Service Employees applies to employees of mines rescue services.

Part 3—Hours of Work

14. Ordinary hours of work

An employee’s ordinary hours of work are 35 hours per week, or an average of 35 hours per week over a roster cycle.

15. Rostering arrangements

15.1 Rostering of hours and length of shifts

(a) The employer may determine the type of rosters to be worked.

(b) The employer may determine the shift length to be worked where the ordinary hours of the shift do not exceed 10 hours.

(c) A shift may be longer than 10 ordinary hours:

(i) where the employer and the majority of affected employees agree; or

(ii) in the case of a dispute, as resolved in accordance with clause 32—Dispute resolution.

15.2 Shift starting and finishing times

(a) The employer may determine the start and finish times of shifts up to 10 ordinary hours.

(b) Shifts of longer than 10 ordinary hours will be worked between the starting and finishing times:

(i) that are agreed between the employer and the majority of affected employees; or

(ii) in the case of a dispute, that are resolved in accordance with clause 32—Dispute resolution.

15.3 Number and spread of shifts

The number and spread of ordinary shifts may be varied by the employer and, in the case of dispute, are resolved in accordance with the procedure in clause 32—Dispute resolution.

15.4 Starting and finishing places

(a) The starting and finishing place of a shift:

(i) are to be agreed between the employer and the majority of affected employees; or

(ii) in the absence of agreement, are resolved in accordance with the procedure in clause 32—Dispute resolution.

(b) At underground mines, the designated starting and finishing place will be on the surface.

15.5 Changes to rosters

The employer will not change an employee’s place on a roster, except in accordance with Part 7—Consultation and Dispute Resolution and where:

(a) the employer has given one week’s notice of any change to the employee; or

(b) where less than one week’s notice is given, the employee is paid at overtime rates for all work from the time of change of shift until the one week’s notice referred to in clause 15.5(a) would have expired.

15.6 Rostered days off

(a) Period of notice to be given

Subject to clause 15.6, where an employee is entitled to a rostered day off (RDO) the employer must advise the employee of this:

(i) at least 4 weeks before the day the employee is to take off; or

(ii) within a lesser period agreed by the employer and the majority of employees in the mine or sections affected.

(b) An employee required to work on an RDO

An employer will only require an employee to work on an RDO after attempts by the employer to cover the casual vacancy by other means have failed.

(c) Payment for working on an RDO

An employee will be paid for working ordinary hours on an RDO at either:

(i) ordinary rates for time worked during ordinary hours on an RDO, and

• the employee will then take a day off in lieu before the end of the employee’s next roster cycle;
• this day in lieu will be selected by the employee provided that at least one week’s notice is given to the employer; and
• the employee will be allowed this day off unless the operations of the mine will be affected by the absence,
or

(ii) overtime rates for the time worked during ordinary hours on the RDO, without any day off in lieu.

(d) An employee will be paid overtime rates for all time worked outside or in excess of the ordinary hours for that day or shift.

(e) RDO moved to another day

(i) An employer, with the agreement of the majority of employees affected, may move the RDO of these employees to another day in the case of:

• a breakdown of machinery;
• a failure or shortage of electric power;
• meeting the requirements of the mine; or
• an emergency situation.

(ii) In the case of another day being substituted for the RDO, the new day becomes the RDO and the original day becomes an ordinary working day.

(iii) An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

(f) RDO falling on a recognised public holiday

An employee who is entitled to an RDO which falls on a public holiday is, at the discretion of the employer:

(i) to be paid at the employee’s classification rate; or

(ii) to be credited with one day for each such public holiday (payable at ordinary rates).

(g) RDO not to fall on a recognised public holiday for an employee working Monday to Friday shifts of up to 8.5 ordinary hours

(i) Subject to clause 15.6(g)(ii), where an employee is working Monday to Friday shifts of up to 8.5 hours and the employee’s roster does not include work on a public holiday, an RDO is not to be scheduled to fall on a public holiday.

(ii) Where a public holiday is prescribed after an employee who is covered by clause 15.6(g)(i) has been notified of an RDO, and that holiday falls on the employee’s RDO, the employer must allow the employee to take the RDO on an alternative weekday.

16. Breaks

16.1 Paid meal breaks—rostered hours

(a) An employee is entitled to a meal break of 30 minutes without deduction from pay for each 5 hours worked during rostered hours.

(b) Subject to clause 16.1(c), an employee will not be required to work for more than 5 hours without a meal break.

(c) Where the employer and employee agree that the employee will work for more than 5 hours without a break, then the employee will, unless otherwise agreed, be paid for any work beyond 5 hours at the applicable overtime rates until a meal break is taken.

16.2 Paid meal break—non-rostered overtime

(a) If an employee is required to work more than one and a half hours past their rostered shift (exclusive of crib time) then the employee will, unless agreed otherwise, before starting this overtime be allowed at least 30 minutes for a paid meal break. This meal break is to be paid at the rate applying immediately before the meal break is taken.

(b) The employee will also, unless notified the previous day of the requirement to work overtime, be supplied with a meal or paid a meal allowance (see clause A.8.3 and clause B.3.2).

(c) After each 4 hours of overtime worked after a paid meal break the employee will have a further paid meal break of 30 minutes duration and either be supplied with a meal or be paid a meal allowance.

(d) Where the overtime worked is not continuous with an employee’s rostered hours, the employee is entitled to a meal break of 30 minutes without deduction from pay after each 5 hours worked.

Part 4—Wages and Allowances

17. Minimum rates and allowances

17.1 The rates and allowances which an employee is to be paid are specified in the following schedules:

(a) Schedule A—Production and Engineering Employees; and

(b) Schedule B—Staff Employees.

17.2 Mixed functions

An employee who performs mixed functions on any shift must be paid for the whole shift at the rate prescribed for the highest of such functions.

17.3 School-based apprentices

For school-based apprentices, see Schedule E—School-based Apprentices.

17.4 National training wage

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2021. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Black Coal Mining Industry Award 2020 and not the Miscellaneous Award 2020.

18. Accident pay

18.1 An employee in receipt of weekly payments under the provisions of applicable workers compensation legislation will be entitled to receive accident pay from the employer subject to the following conditions and limitations:

18.2 Payment to be made during incapacity

An employer must pay, or cause to be paid, accident pay during the incapacity of an employee, within the meaning of the applicable workers compensation legislation:

(a) until such incapacity ceases; or

(b) until a period of:

(i) 78 weeks has expired from the date of the injury for injuries that occurred before 1 November 2018; or

(ii) 52 weeks has expired from the date of the injury for injuries that occurred after 1 November 2018;

whichever event occurs first, even if the employer terminates the employee’s employment within the period.

18.3 Meaning of accident pay

For the purposes of clause 18, accident pay means:
(a) Initial 39 week period—regardless of when injury occurred

For the initial period of 39 weeks from the date of injury, a weekly payment representing the difference between the weekly amount of compensation paid to the employee under the applicable workers compensation legislation and the weekly amount that would have been received by virtue of this award had the employee been on paid personal leave at the date of the injury (provided the latter amount is greater than the former amount).

(b) Subsequent period—injury occurred before 1 November 2018

For a further period of 39 weeks a weekly payment representing the difference between the weekly amount of compensation paid to the employee under the applicable workers compensation legislation and the rate prescribed from time to time for the classification of the incapacitated employee at the date of the injury (provided the latter amount is greater than the former amount).

(c) Subsequent period—injury occurred on or after 1 November 2018

For a further period of 13 weeks a weekly payment representing the difference between the weekly amount of compensation paid to the employee under the applicable workers compensation legislation and the rate prescribed from time to time for the classification of the incapacitated employee at the date of the injury (provided the latter amount is greater than the former amount).

18.4 Pro rata payments

In respect of incapacity for part of a week the amount payable to the employee as accident pay will be a direct pro rata.

18.5 When not entitled to payment

An employee will not be entitled to any payment under clause 18 in respect of any period of paid annual leave or long service leave, or for any paid public holiday.

18.6 Redemptions

In the event that an employee receives a lump sum in redemption of weekly payments under the applicable workers compensation legislation, the liability of the employer to pay accident pay as herein provided will cease from the date of such redemption.

18.7 Damages independent of the Acts

Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers compensation legislation, such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under clause 18 and the employee will not be entitled to any further accident pay thereafter.

18.8 Calculation of the period of incapacity

(a) The period of incapacity for work starts on the first day of incapacity, which may be after the date of injury.

(b) Intermittent absences arising from the one injury are cumulative when assessing the period of incapacity.

19. 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.

19.1 Unless otherwise agreed between the employer and the majority of employees, wages will be paid weekly.

19.2 Wages will be paid by cheque or electronic funds transfer (EFT).

19.3 In the absence of agreement to the contrary, not more than one week’s pay will be kept in hand by the employer.

19.4 Upon termination of employment, wages due to an employee will be paid on the day of such termination or forwarded by post, within 72 hours, to the last address notified in writing by the employee. Provided that where payment is normally made by EFT, the wages due to an employee may be transferred into the employee’s account within 72 hours of the termination of employment.

19.5 Subject to all relevant laws, an employer and an individual employee may agree to a salary sacrifice arrangement. The obligations of the employer in respect of payment of remuneration will be satisfied by the employer complying with such an arrangement provided that the salary sacrificed amount and the residual wages combined are not less than the classification rate otherwise payable.

19.6 An employee absent from work is not entitled to payment for the period of absence unless paid absence is agreed by the employer or permitted by this award or the law.

20. Superannuation

20.1 Superannuation contributions for defined benefit members

An employer is permitted to make superannuation contributions to a superannuation fund or scheme in relation to a default fund employee who is a defined benefit member of the fund or scheme.

Part 5—Overtime and Penalty Rates

21. Overtime

21.1 In calculating overtime, except for clause 21.8, each day is to be treated separately.

21.2 Payment for overtime

(a) Subject to the exceptions in clause 21.2(b) and clause 21.3, all time worked in excess of or outside the ordinary hours of any shift on the following days will be paid for at the following rates:

NOTE: Where clause 21.2(a) refers to a rate as being calculated as a percentage of the minimum hourly rate, that reference will (for a casual employee) instead be taken to be a reference to the casual minimum hourly rate where applicable.

(b) Subject to clause 21.3, all time worked in excess of or outside the ordinary hours of any shift by employees:

(i) who are 6 day roster employees or 7 day roster employees; or

(ii) who are regular weekend workers, meaning employees:

• who work a roster which requires ordinary shifts on public holidays and not less than 272 ordinary hours per year on Sundays; or
• who work a roster which requires ordinary shifts on Saturday and Sunday where the majority of the rostered hours on the Saturday or Sunday shifts fall between midnight Friday and midnight Sunday;

will be paid for at the rate of 200% of the minimum hourly rate, except on public holidays where the rate is 300% of the minimum hourly rate.

(c) Subject to clause 21.3, a casual employee working a roster mentioned in clause 21.2(b) or relieving a permanent employee working a roster mentioned in clause 21.2(b) will be paid at the rate of 200% of the casual minimum hourly rate for all time worked in excess of, or outside, the ordinary hours of the shift they are working, except on public holidays where the rate is 300% of the casual minimum hourly rate.

21.3 Six day and seven day roster employees

(a) All time worked in excess of or outside ordinary hours of an afternoon shift or a rotating night shift by a 6 day roster employee or a 7 day roster employee will be paid at 215% of the minimum hourly rate.

(b) All time worked in excess of or outside ordinary hours of a permanent night shift by a 6 day roster employee or a 7 day roster employee will be paid at 225% of the minimum hourly rate.

NOTE: Where clause 21.3 refers to a rate as being calculated as a percentage of the minimum hourly rate, that reference will (for a casual employee) instead be taken to be a reference to the casual minimum hourly rate where applicable.

21.4 Minimum payment for overtime on Saturday and Sunday

An employee called on to work overtime on a Saturday or Sunday (that is not continuous with work started on the previous day) will be paid for at least 3 hours at the appropriate rate.

21.5 Reasonable additional hours

Subject to the NES, an employer may require an employee to work reasonable additional hours in addition to their rostered hours, in which case the employee will be paid the applicable overtime rates.

21.6 Averaging overtime payments

An employer and an employee employed in a classification in Schedule B—Staff Employees may agree to average overtime payments over a length of a defined period.

21.7 Rest period after working overtime

(a) Length of the rest period

When overtime work is necessary it will be arranged where possible for employees to have at least 10 consecutive hours off duty between the work of successive days.

(b) Where the employee does not get a 10 hour rest

(i) The following conditions apply to an employee who works so much overtime that the employee has not had at least 10 consecutive hours off duty between the end of the employee’s ordinary hours of work on one day and the start of the employee’s ordinary hours of work on the next day:

• the employee will be released from duty after that overtime is finished until the employee has had 10 consecutive hours off duty, and
• there will be no loss of pay for ordinary hours of work time which occur during this absence.

(ii) The following conditions apply to an employee who, on the instructions of the employer, resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 21.7(b)(i):

• the employee will be paid at 200% of the minimum hourly rate during ordinary hours and after that until the employee is released from duty;
• the employee will then be entitled to be absent for 10 consecutive hours; and
• there will be no loss of pay for ordinary hours of work time which occur during this absence.

21.8 Call-back

(a) Where an employer requires an employee to return to work overtime after leaving the mine (regardless of whether or not the employee is notified before or after leaving):

(i) the employee must be paid at the overtime rate for not less than 4 hours for each time the employee is recalled; and

(ii) except where unforeseen circumstances arise, the employee will not be required to work the full 4 hours if the job to be performed is completed within a shorter period.

(b) Clause 21.8(a) does not apply where:

(i) it is customary for the employee to return to the mine to perform a specific job outside their ordinary working hours; or

(ii) the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of the employee’s ordinary working hours.

21.9 Call-back less than four hours

Overtime worked in the circumstances set out in clause 21.8 will not be regarded as overtime for the purposes of a rest period as set out in clause 21.7, where the actual time worked on a recall is less than 4 hours.

21.10 Meal breaks during non-rostered overtime

Meal breaks during non-rostered overtime will be taken in accordance with clause 16.2.

21.11 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 21.11.

(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 21.11(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 21.11 is set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 21.11 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 21.11 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

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

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

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 21.11 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 21.11(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 21.11 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 21.11 will apply, including the requirement for separate written agreements under clause 21.11(b) for overtime that has been worked.

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 21.11 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.11.

22. Shiftwork

22.1 Definitions

(a) Afternoon shift means any shift, the ordinary hours of which finish after 6.00 pm and at or before midnight.

(b) Night shift means any shift, the ordinary hours of which finish after midnight and at or before 8.00 am.

(c) Permanent night shift employee is an employee who:

(i) works night shift only; or

(ii) stays on night shift for a longer period than 4 consecutive weeks; or

(iii) works on a roster that does not give at least one-third of the employee’s working time off night shift in each roster cycle.

(d) Rotating night shift employee is an employee other than a permanent night shift employee who works night shift.

23. Penalty rates and weekend work

23.1 An employee will be paid the following additional penalties for all ordinary hours worked during the following periods:

NOTE: Where clause 23.1 refers to a rate as being calculated as a percentage of the minimum hourly rate, that reference will (for a casual employee) instead be taken to be a reference to the casual minimum hourly rate where applicable.

23.2 Change of shift for permanent day shift employees

(a) For at least three consecutive working days

If an employee who normally works on day shift only is required to work afternoon or night shift on at least 3 consecutive working days then the employee will be paid:

(i) at overtime rates for the first afternoon or night shift so worked; and

(ii) in accordance with the provisions of clause 23.1 for any other shifts after that.

(b) For fewer than three consecutive working days

If the employee is required to work afternoon or night shiftwork for a period fewer than 3 consecutive working days, overtime rates will be paid for any afternoon or night shiftwork. An exception to this is where the requirement is caused by the failure of another employee to come on duty at the proper time.

Part 6—Leave and Public Holidays

24. Annual leave

24.1 Annual leave entitlements are provided for in the NES. Clause 24 supplements those entitlements and provides industry specific detail.

24.2 Entitlement to annual leave

(a) An employee is entitled to annual leave, in addition to the amount provided for in the NES, such that the employee’s total entitlement to annual leave pursuant to the NES and this award for each year of employment is a cumulative total of 175 ordinary hours (5 weeks).

(b) An employee who:

(i) is a 7 day roster employee; or

(ii) works a roster which requires ordinary shifts on public holidays and not less than 272 ordinary hours per year on Sundays,

is entitled annually to an additional 35 ordinary hours (one week) of annual leave.

24.3 Accrual of annual leave

Employees, other than casual employees, accrue annual leave at the following rate:

24.4 Deduction of annual leave

For each period of annual leave taken by an employee the ordinary hours of rostered shifts that would have been worked by the employee will be deducted from the employee’s accrued annual leave entitlement.

24.5 Amount of annual leave to be taken

Unless otherwise agreed between the employer and employee, annual leave will be given and taken in not more than 3 periods, one of which will be of at least 3 weeks’ duration.

24.6 Payment and loading

An employee who takes annual leave must be paid the greater of:

(a) the employee’s ordinary rate of pay plus a loading of 20% of that rate; or

(b) the employee’s rostered earnings for the period of annual leave, which includes all rostered overtime and rostered public holidays (paid at 200%), but, not including shift allowances, except in the case of 7 day roster employees.

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 be entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

24.7 When payment will be made for annual leave for employees paid by cheque

An employee who is usually paid by cheque will be paid for a period of annual leave in accordance with the employee’s normal pay period(s), unless an employee requests that payment of the entire period of annual leave be made prior to the employee commencing leave.

24.8 Electronic funds transfer (EFT) payment of annual leave

Despite anything else in clause 24, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

24.9 Shutdown

(a) Despite the terms of clauses 24.10 to 24.12, clause 24.9 applies if an employer intends to shutdown all or part of its operation for a particular period (temporary shutdown period) and wishes to require affected employees to take leave during that period.

(b) The employer must give the affected employees 28 days’ written notice of a temporary shutdown period, or any shorter period agreed between them and the employer.

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

(d) The following applies to any affected employee during a temporary shutdown period:

(i) the employee may elect to cover the temporary shutdown period by doing one, or a combination of 2 or more, of the following:

• taking paid annual leave if the employee has accrued an entitlement to such leave;
• taking leave without pay;
• taking annual leave in advance in accordance with an agreement under clause 24.13.

(ii) if the employee does not make an election under clause 24.9(d)(i) that covers the whole of the temporary shutdown period, then the employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement.

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

(i) must be in writing; and

(ii) must be reasonable.

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

(g) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 24.9, to which an entitlement has not been accrued is to be taken into account.

(h) If a temporary shutdown period includes a day or part-day that is a public holiday and would have been a working day for the employee had the employee not been on leave in accordance with clause 24.9, the employee is taken not to be on leave on that day or part-day.

(i) Clauses 24.10 to 24.12 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 24.9.

24.10 Excessive leave accruals: general provision

NOTE: Clauses 24.10 to 24.12 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 350 hours (10 weeks) paid annual leave (or 420 hours (12 weeks) paid annual leave for a shiftworker, as defined by clause 24.2(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 24.11 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 24.12 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a) If an employer has genuinely tried to reach agreement with an employee under clause 24.10(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 24.11(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 210 hours (6 weeks) when any other paid annual leave arrangements (whether made under clause 24.10, 24.11 or 24.12 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 35 hours (one week); and

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

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

(c) The employee must take paid annual leave in accordance with a direction under clause 24.11(a) that is in effect.

(d) An employee to whom a direction has been given under clause 24.11(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 24.11(d) may result in the direction ceasing to have effect. See clause 24.11(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

24.12 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 24.10(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 24.12(a) if:

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

(ii) the employee has not been given a direction under clause 24.11(a) that, when any other paid annual leave arrangements (whether made under clause 24.10, 24.11 or 24.12 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 24.12(a) must not:

(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 210 hours (6 weeks) when any other paid annual leave arrangements (whether made under clause 24.10, 24.11 or 24.12 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 35 hours (one week); or

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

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

(d) An employee is not entitled to request by a notice under clause 24.12(a) more than 175 hours (5 weeks) paid annual leave (or 210 hours (6 weeks) paid annual leave for a shiftworker, as defined by clause 24.2(b) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 24.12(a).

24.13 Annual leave in advance

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

(b) An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 24.13 is set out at Schedule G—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Take Annual Leave in Advance.

(c) The employer must keep a copy of any agreement under clause 24.13 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.13, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

24.14 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.14.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.14.

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

(d) An agreement under clause 24.14 must state:

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

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

(e) An agreement under clause 24.14 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 140 hours (4 weeks).

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 70 hours (2 weeks).

(i) The employer must keep a copy of any agreement under clause 24.14 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 24.14.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.14.
NOTE 3: An example of the type of agreement required by clause 24.14 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.

25. Personal/carer’s leave and compassionate leave

25.1 Personal/carer’s leave and compassionate leave entitlements are provided for in the NES. This clause supplements those entitlements and deals with evidence required to be provided by an employee when taking paid personal/carer’s leave or compassionate leave.

25.2 Entitlement

A full-time employee is entitled to 105 ordinary hours of personal/carer’s leave (inclusive of the employee’s NES entitlement) on commencing employment and on each anniversary of commencement. Any personal leave which is not taken by an employee must accumulate without limitation.

25.3 Evidence required

(a) Where requested to do so by the employer, an employee who has taken personal/carer’s leave or compassionate leave must provide a medical certificate or such other evidence as will prove to the employer’s reasonable satisfaction that the leave was taken for a reason set out in the NES.

(b) Where the employer is not satisfied by the evidence provided by an employee under clause 25.3(a), any dispute may be dealt with in accordance with the procedure at clause 32—Dispute resolution.

25.4 Deduction of personal leave

Paid personal/carer’s leave taken by an employee must be deducted from the employee’s paid personal/carer’s leave entitlement as follows:

(a) where the absence is for fewer than half the ordinary hours component of the shift, no deduction; or

(b) in any other case, the full ordinary hours component of the shift will be deducted.

26. Parental leave and related entitlements

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

27. Community service leave

Community service leave is provided for in the NES.

28. 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.

29. Public holidays

29.1 Public holidays are provided for in the NES.

29.2 Substitution of recognised public holidays

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

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

29.3 Employee not required to work on a public holiday

An employee who is not required to work on a public holiday which would otherwise have been a working day for that employee will be paid for that day at the employee’s classification rate.

29.4 Employee required to work on a recognised public holiday

(a) Subject to clause 29.4(c), an employee who is required to work on a public holiday is to be paid at the rate of 200% of the relevant minimum hourly rate prescribed by Schedule A—Production and Engineering Employees and Schedule B—Staff Employees for work performed during ordinary hours, in addition to the payment prescribed by clause 29.3.

(b) Subject to clause 29.4(c), work performed in excess of ordinary hours on a public holiday is to be paid at the rate of 300% of the relevant minimum hourly rate prescribed by Schedule A—Production and Engineering Employees and Schedule B—Staff Employees.

(c) In addition to the amounts paid in clauses 29.4(a) and 29.4(b) above, an employee will be paid the following additional shift penalties for working on a public holiday:

NOTE 1: Where clause 29.4 refers to a rate as being calculated as a percentage of the minimum hourly rate, that reference will (for a casual employee) instead be taken to be a reference to the casual minimum hourly rate where applicable.
NOTE 2: See also clauses C.1.4, D.1.4, D.2.4, D.2.8, C.1.8 and D.1.8.

29.5 Notice of public holidays to be worked (other than employees working shifts of up to 8.5 ordinary hours)

(a) On a date agreed, the employer will nominate which public holidays will be worked in the following 12 months by employees (other than employees working shifts of up to 8.5 ordinary hours on weekdays), provided that work will not be carried out on 2 of such holidays.

(b) If the employer does not require employees to work on a public holiday (as nominated in clause 29.5(a)) the employer must give the employees as much notice as possible of this decision.

(c) If the notice required by clause 29.5(b) is less than 4 weeks inclusive of the public holiday, an employee who was rostered to work on the public holiday is to be paid for ordinary hours as if the public holiday had been worked.

(d) If the employer decides not to require work to be performed on a public holiday because of a strike or ban, employees, other than those involved in the strike or ban, are to be paid at their classification rate for ordinary hours.

29.6 Employees working Monday to Friday shifts of up to 8.5 ordinary hours

(a) An employee who only works shifts of up to 8.5 ordinary hours on weekdays cannot, as an integral part of their roster cycle, be rostered for ordinary hours on public holidays. Such employees may, however, in exceptional circumstances, be required to work on public holidays to meet operational needs.

Part 7—Consultation and Dispute Resolution

30. Consultation about major workplace change

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

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

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

(i) the introduction of the changes; and

(ii) their likely effect on employees; and

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

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

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

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

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

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

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

(a) termination of employment; or

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

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

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

(e) alteration of hours of work; or

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

(g) job restructuring.

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

31. Consultation about changes to rosters or hours of work

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

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

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

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

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

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

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

32. Dispute resolution

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

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

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

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

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

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

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

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

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

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

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

Part 8—Termination of employment and Redundancy

33. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act. Clause 33 supplements the entitlement to notice of termination in the NES and provides industry specific detail.

33.1 Notice of termination by an employee

(a) Clause 33.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer at least one week’s notice of termination of employment.

(c) If an employee does not give the period of notice required under clause 33.1(b), then the employer may deduct from wages due to the employee under the award an amount that is no more than one week’s wages for the employee.

(d) If the employer has agreed to a shorter period of notice than that required under clause 33.1(b), then no deduction can be made under clause 33.1(c).

(e) Any deduction made under clause 33.1(c) must not be unreasonable in the circumstances.

33.2 Termination by employer

Clause 33 does not affect the right of the employer to dismiss an employee without notice for serious misconduct and in such cases the wages will be payable up to the time of dismissal only.

33.3 Notice of termination by an employer—redundancy

(a) Where termination occurs due to redundancy as defined in clause 34.2 the employer must give the employee notice of termination of employment or payment instead of notice as required under sections 117(1) and 117(2) of the Act, except that the minimum period of notice is:

(i) 4 weeks; or

(ii) 5 weeks, if the employee is over 45 years old and has completed more than 5 years of continuous service with the employer at the end of the day the notice is given.

(b) In clause 33.3(a) continuous service has the same meaning as in section 117 of the Act.

33.4 Payments on termination

In the case of termination of employment, and in addition to any other amounts payable pursuant to this award to an employee on termination, the employee must be paid in accordance with clause 33.
(a) Accrued annual leave

The employee must be paid for all annual leave entitlements, and annual leave accrued in accordance with clause 24.3, at the employee’s base rate of pay.

(b) Accrued personal/carer’s leave

(i) An employee whose employment is terminated:

• by retrenchment;
• by retirement at or after age 60;
• by the employer because of ill health; or
• by death;
must, if the employee has 70 or more hours of untaken personal leave entitlement, be paid for that entitlement at the employee’s base rate of pay.

(ii) When an employer terminates the employment of an employee during a period of absence on paid personal leave, the employee must be paid until the employee has no further accumulation of personal leave or until the employee is fit for duty, whichever occurs first.

34. Redundancy

34.1 The redundancy arrangements in this award are an industry-specific redundancy scheme and, as such, Subdivision B of Division 11 of the NES does not apply.

34.2 Definition of redundancy

(a) An employee is made redundant where an employee’s employment is terminated at the employer’s initiative:

(i) because the employer no longer requires the job done by the employee to be done by anyone except where this is due to the ordinary and customary turnover of labour; or

(ii) because of insolvency or bankruptcy of the employer.

(b) Clause 34.2 does not apply to employees engaged for a fixed term or a specified task.

34.3 Severance payment

Except where clause 34.5 applies, when terminations occur due to redundancy the employees terminated are entitled to severance pay equal to one ordinary week’s pay for each completed year of employment.

34.4 Retrenchment payment

(a) Except where clause 34.5 applies, where redundancies occur due to:

(i) technological change;

(ii) market forces; or

(iii) diminution of reserves,

the employees terminated are entitled to retrenchment pay equal to 2 ordinary weeks’ pay for each completed year of employment up to a maximum of 30 weeks’ pay. This payment is additional to the payment prescribed in clause 34.3.

(b) Regardless of length of employment, the minimum payment due to employees under clause 34.4(a) is 2 ordinary weeks’ pay.

(c) Despite clause 34.4(a), an employee who as at 20 March 2017 (the operative date) had more than 15 completed years of employment and after the operative date is made redundant will be entitled to retrenchment pay equal to 2 ordinary weeks’ pay for each completed year of employment as at the operative date. This payment is additional to the payment prescribed in clause 34.3.

34.5 Exemption

An employer is not liable for the payment in clauses 34.3 and 34.4 if the employer obtains, or causes to be made available for the employee, work:

(a) that the employee is competent to perform;

(b) in a position that carries the same or a higher classification rate of pay than the employee’s previous position;

(c) that can reasonably be regarded as permanent; and

(d) allows the employee to reside in the same general locality as the employee’s previous residence.

34.6 Variation of retrenchment pay

Despite anything in clause 34, an employer may make application to the Fair Work Commission to be granted relief from the obligation to make a payment pursuant to clause 34.4. A dispute over what is just and expedient may be resolved through the procedure at clause 32—Dispute resolution.

Schedule A—Production and Engineering Employees
A.1 Preamble and principles
A.1.1 The classification structure in this award determines the minimum weekly rates payable to employees whose employment is subject to this award.
A.1.2 The structure is a single stream structure, which does not contain any demarcations relating to the performance of work. It allows for a list of minesite competencies to be developed. Each mine’s indicative competencies will use as a guide the competency standards contained in the Coal Industry Training Package.
A.1.3 The definitions for each of the classification levels are necessarily general and intended to cover the types of work actually performed under this award. To eliminate doubt, the work performed by the employee, the assessment of the employee against minesite standards and, in relevant cases, the appointment of an employee to a particular classification by the employer, are the only relevant matters that determine an employee’s entitlement to wages pursuant to clause A.1.
A.1.4 The employer will make available to employees at a minesite the following:

(a) the classification that will be occupied by employees whose employment is subject to this award; and
(b) the requirements each employee must meet to occupy those classifications.

A.1.5 Whenever an employer alters the requirements that an employee must hold, to occupy a classification, the altered requirements will be published at the minesite.

NOTE: A proposal to alter such requirements will typically be subject to the consultation obligations in clause 30—Consultation about major workplace change of this award.

A.2 Definitions
A.2.1 Mineworker – Induction Level I

Mineworker – Induction Level 1 is the entry level for a non-trade person who is undertaking the statutory/generic and/or minesite induction and who remains at this level until assessed by the employer to have successfully completed the induction requirements when they then advance to a Mineworker – Training.

A.2.2 Mineworker – Induction Level 2 / Mineworker – Training

Mineworker – Induction Level 2 is the entry level for a certificated tradesperson who is undertaking the statutory/generic and/or minesite induction. The tradesperson after successful completion of the induction phase then becomes a Mineworker – Training at this level.
A Mineworker – Training is an employee who trains in and performs the required tasks under direct supervision. This classification applies to employees until assessed by the employer as meeting the requirements to be classified as a mineworker.

A.2.3 Mineworker

A Mineworker is an employee who is assessed by the employer as competent to perform the required tasks in a variety of operating circumstances and under limited supervision. An employee continues in this classification until assessed for advancement to Mineworker – Advanced.

A.2.4 Mineworker – Advanced

A Mineworker – Advanced is an employee who is assessed by the employer against the employer’s available criteria as competent to perform the required tasks in all relevant operating circumstances at a level above that of a Mineworker.
A Mineworker – Advanced may be required to supervise the work of other employees.

A.2.5 Mineworker – Specialised

A Mineworker – Specialised is an employee assessed by the employer as competent to perform specialised functions beyond the level of a Mineworker – Advanced. An employee appointed to this classification will undertake a specialised role, which requires them to exercise independent discretion in undertaking functions within the bounds set by the employer.
The performance of this role may require the employee to supervise the work of other employees.

A.3 Advancement
A.3.1 An employee’s advancement through the classification structure will be determined in accordance with the definitions above and as outlined in the following table:

A.3.2 Progression to the classification of Mineworker – Advanced may occur where an employee is assessed as competent against the available criteria or is appointed to a statutory position. Although advancement to this classification is not governed by the acquisition of skills alone, for a trade certificated employee this may be achieved by exercising skills which require 6 post-trade modules of training or an equivalent level of skills in non-trade or cross-trade work.
A.3.3 Progression to the classification of Mineworker – Specialised is by appointment of the employer where an employee is assessed as a specialist against the available criteria or is appointed to a statutory position. Although advancement to this classification is not governed by the acquisition of skills alone, for a trade certificated employee this may be achieved by exercising skills which require 12 post-trade modules of training or an equivalent level of skills in non-trade or cross-trade work.
A.3.4 Non-trade work referred to in clauses A.3.2 and A.3.3 above, is work by certificated tradespersons, which is not part of their trade and is of a production or operations nature.
A.3.5 Cross-trade work referred to in clauses A.3.2 and A.3.3 above, is work by certificated tradespersons, which is not part of their trade but is part of another certified trade in which they are competent.
A.4 Minimum Rates

A.5 Indicative Competencies
A.5.1 Open cut mines

The following lists are not exhaustive, but rather are indicative of the types of competencies utilised in open cut mines.
INDUCTION
Induction (Generic, Minesite); Interpersonal; First Aid; Fire Fighting; Work Health and Safety.
ADVANCEMENT COMPETENCIES
Dragline operation; Auger operation; Truck operation; Shovel operation; Cable handling; Drilling; Blasting; Shotfiring; Scraper operation; Excavator operation; Loader operation; Grader operation; Dozer operation; Pit Dewatering; Equipment servicing and maintenance; Washplant operation; Coal handling; Reclaim operation; Loader operation; Grader operation; Load out operation; Crusher/conveyor operation; Washplant servicing and maintenance; Tyre fitting; Crane operation; Rigging and dogging; Cross-trade skilling.
While an employer may require an employee to become competent in one or more of the following, these competencies will not be required for advancement through the classification structure:
Equipment servicing; Medium vehicles operation; Low loaders operation; Scaffolding; Minor maintenance; Conveyors; Bobcat; etc.

A.5.2 Underground mines

The following lists are not exhaustive, but rather are indicative of the types of competencies utilised in underground mines.
INDUCTION
Induction (Generic, Minesite); Interpersonal; First Aid; Fire Fighting; Work Health and Safety.
ADVANCEMENT COMPETENCIES
Face operations, Continuous Miner; Shuttle car operation; FCT operation; Strata control; Bord and pillar mining; Face operations, Longwall; Supports installation; Shearer operation; AFC operation; Stage loader operation; Ancillary equipment; Face operations, Shortwall; Recovery and installation of major equipment; Drift and shaft operations; Environmental monitoring; Ventilation control; Fire control and emergency procedures; Geomechanics; Exploration techniques; Training/Safety co-ordination; Systematic Safety Assessment technique; Reviewing complex tasks and resources; Environmental management; Undermanager functions; Deputy functions; Shotfirer; Process Monitoring Control; Washery operations; Train loading operations; Railway maintenance; Haulage winder operation; Cross-trade skilling.
OTHER COMPETENCIES
While an employer may require an employee to become competent in one or more of the following, these competencies will not be required for advancement through the classification structure:
Coal haulage; Mine services; TQC principles; Roadways; Roof and rib support; Gas drainage; Riggers certificate; Surface operations; Coal stockpile and reclaim; Washery services.
NOTE: The Mineworker – Induction Level 2/Mineworker – Training classification includes the classifications formerly listed in Group B in the Coal Mining Industry (Production and Engineering) Interim Consent Award, September 1990, including the classification of coalcutting machineman. This note is inserted in light of the decision of a Full Bench of the Australian Industrial Relations Commission dated 5 December 2002 [PR925329].

A.6 Apprentices
A.6.1 The terms of this award apply to the employment of apprentices.
A.6.2 The off-the-job training of an apprentice may be undertaken on day release or block release basis.
A.6.3 In order to ensure sufficient training, an apprentice may be engaged by more than one employer in the coal mining industry. Where this occurs, an agreement must be reached between the employers involved on their responsibilities arising under the apprenticeship. A copy of the agreement must be given to the apprentice.
A.6.4 An adult apprentice is a person who is 21 years of age or over when they commence a 3 year apprenticeship.
A.6.5 An employer may provide an apprentice with a tool kit if they agree on the terms for the payment of the cost of the tool kit.
A.6.6 Except where inconsistent with this award, the State legislation regulating apprenticeships applies.
A.6.7 The weekly minimum wage rates for apprentices (including adult apprentices) that commenced a training contract prior to 1 January 2014 are as follows:

A.6.8 Apprentice minimum wage arrangements for apprentices that commenced on or after 1 January 2014

(a) Minimum wage rates for apprentices and adult apprentices commencing a training contract on or after 1 January 2014 are set out below as a percentage of the wage prescribed for Mineworker – Induction Level 2 of this award.
(b) For first year apprentices (other than adult apprentices), who commenced on or after 1 January 2014, the increased rate will be phased in. From 1 January 2014 it will be 50% of the Mineworker – Induction Level 2 rate, from the first pay period on or after 1 January 2015 this will increase to 55% of the Mineworker – Induction Level 2 rate.

(i) Apprentices other than adult apprentices

Stage	Has not completed year 12		Has completed year 12
	% of Mineworker – Induction Level 2	$ per week	% of Mineworker – Induction Level 2	$ per week
1	50%	446.50	From 1 January 2014: 50%	446.50
			From first pay period commencing on or after 1 January 2015: 55%	491.15
2	60%	535.80	65%	580.45
3	75%	669.75	75%	669.75
4	90%	803.70	90%	803.70

(ii) Adult apprentices

Stage	Rate of pay	$ per week
1	80% of Mineworker – Induction Level 2	714.40
2	Mineworker – Induction Level 1	876.20
3	Mineworker – Induction Level 1	876.20

(c) A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training contract. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification in which the adult apprentice was engaged immediately prior to entering into the training contract.
(d) Clause A.6.8(c) only applies where the employee, immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months as a full-time employee or twelve months as a part-time or regular casual employee.

A.6.9 Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause A.6.9 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
A.6.10 For the purposes of clause A.6.9, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause A.6.9, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
A.6.11 The amount payable by an employer under clause A.6.9 may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
A.6.12 All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship, which are paid by an apprentice, shall be reimbursed by the employer within 6 months of the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the commencement of the training provided by the RTO, whichever is the later, unless there is unsatisfactory progress.
A.6.13 An employer may meet its obligations under clause A.6.12 by paying any fees and/or cost of textbooks directly to the RTO.
A.6.14 An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
A.6.15 Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause A.6.15 operates subject to the provisions of Schedule E—School-based Apprentices.
A.6.16 No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.
A.7 Juniors

Where the law permits junior employees to perform work in the coal mining industry, the weekly minimum wage rates for juniors are as follows:

A.8 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.

A.8.1 Except where specifically indicated, the following allowances will apply to all employees covered by Schedule A—Production and Engineering Employees and are payable in addition to the employee’s classification rate, but are not taken into account in the calculation of any other penalty rate prescribed by the award, except where specifically indicated.
A.8.2 Wage-related allowances and reimbursements

(a) Wage-related allowances and reimbursements – general

(b) Wage-related allowances and reimbursements – clothing and transport

A.8.3 Expense-related allowances

A.8.4 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
Tool allowance	Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group
Meal allowance	Take away and fast foods sub-group

A.8.5 Facilitative provision

Notwithstanding the other provisions of Schedule A—Production and Engineering Employees, the method of payment of any or all allowances contained in Schedule A—Production and Engineering Employees may be varied by agreement between an employer and the majority of affected employees.

Schedule B—Staff Employees
B.1 Employment functions

Assistant undermanager means an employee, the holder of at least a second class mine manager’s certificate of competency under the Coal Mining Safety and Health Act 1999 (Qld), who is appointed to such position. Provided that an assistant undermanager will not be appointed to any shift unless at least one undermanager has been appointed thereto and the assistant undermanager is subject to the direction and control of that undermanager as appropriate, or the shift is of a size which the Coal Mining Safety and Health Act 1999 (Qld) does not require the appointment of a second class mine manager’s certificate of competency.
Production supervisor means an employee at an open-cut mine whose duties include operational planning, co-ordination, supervision and control of mining and overburden operations and personnel on all shifts worked at the mine.
Open-cut overseer means an employee appropriately qualified and certified performing general supervisory duties which may include the duties of an open-cut examiner under the Coal Mine Health and Safety Act 2002 (NSW).
Senior chemist means an employee, the holder of an appropriate qualification who is responsible for the co-ordination and control of the work on all shifts at a laboratory where at least one other chemist is employed.
Chemist means an employee who is the holder of an appropriate qualification and is required to carry out testing, analysis and verification of results and may be responsible for the supervision and work of laboratory technicians, laboratory assistants and/or samplers on shift.
Laboratory technician means an employee who has experience in laboratory techniques and who is required to carry out independent testing and analysis of coal samples according to company standards and who reports the results and may be responsible for the supervision and work of one or more Laboratory assistants and/or samplers on shift.
Paymaster means an employee responsible at a mine or group of mines for the full payroll function for at least 300 employees.
Chief surveyor means an employee in charge of a group of mines where a mine surveyor is also employed.
Mine surveyor means an employee who is required by the management to certify the accuracy of mine plans, sections and tracings pursuant in New South Wales to the Coal Mine Health and Safety Act 2002 (NSW), and in Queensland to the Coal Mining Safety and Health Act 1999 (Qld).
Surveyor means an employee holding a surveyor’s certificate of competency in accordance with the Coal Mining Safety and Health Act 1999 (Qld) appointed by management to use surveying instruments.
Assistant surveyor means an employee holding a surveyor’s certificate of competency appointed by the management to use surveying instruments.
Training officer means an employee of a mines rescue service who undertakes training of coal mine employees and other persons in respect to mines rescue equipment or procedures.
Trainee means an employee being trained and educated technically to take a managerial position or a position as a surveyor, metallurgist, chemist, geologist, draftsperson or a mining, mechanical or electrical engineer.
Deputy means a person whose duties are prescribed by the Coal Mine Health and Safety Act 2002 (NSW).

B.2 Minimum rates

The minimum rates of pay to be paid to employees will be as follows:

B.2.1 Adult rates

B.2.2 Junior rates

The minimum rates of pay to be paid to juniors are the following percentages of the Group A weekly rate in each state:

Provided that no existing employee will have their current percentage rate increased or decreased as a result of making this award.

B.2.3 Graduate rates

(a) Graduate Engineer rates

A degree qualified Engineer entering the workforce without experience will start at the Graduate Engineer – Level 1 rate. At the completion of 12 months’ service that engineer will be assessed by the employer and, having regard to the acquisition and utilisation of skills and knowledge through experience over such period, may advance one increment to the Graduate Engineer – Level 2 rate.
Advancement to the Graduate Engineer – Level 3 and the Engineer rate may occur by annual increments, following assessment of the employee by the employer, having regard to the acquisition of skills and knowledge through experience over such period.
The minimum rates of pay to be paid to Graduate Engineers will be the following percentages of the Group J – Engineer’s weekly rate:

Classification	% of the Group J – Engineer’s weekly rate	$ per week
Graduate Engineer – Level 1	80	908.72
Graduate Engineer – Level 2	86	976.87
Graduate Engineer – Level 3	94	1067.75

Provided that no existing employee will have their current percentage rate increased or decreased as a result of making this award.

(b) Commercial Graduate rates

An employee with a tertiary qualification in a commercial discipline entering the workforce without experience will start at the Commercial Graduate – Level 1 rate. At the completion of 12 months’ service that employee will be assessed by the employer and, having regard to the acquisition and utilisation of skills and knowledge through experience over such period, may advance one increment to the Commercial Graduate – Level 2 rate.
Advancement to the Commercial Graduate – Level 3 and the Commercial Officer rate may occur by annual increments, following assessment of the employee by the employer, having regard to the acquisition of skills and knowledge through experience over such period.
The minimum rates of pay to be paid to Commercial Graduates will be the following percentages of the Group I – Commercial Officer’s weekly rate:

Classification	% of the Group I – Commercial Officer’s weekly rate	$ per week
Commercial Graduate – Level 1	80	896.56
Commercial Graduate – Level 2	86	963.80
Commercial Graduate – Level 3	94	1053.46

B.2.4 Training and Development – Mines Rescue Training Officers

The following provision applies to mines rescue service employees only. The employer will provide reasonable training and development as is required for the employee to undertake their role, or as required by the employer, so that employees:
(a) maintain competencies and a skills base in order to carry out the requirements of their role;
(b) can demonstrate the capability to undertake any reasonable tasks required by the employer;
(c) are supported to progress through the classifications set out in clause B.2.1, as agreed by the employee and employer.

B.3 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.

Except where specified the following allowances and reimbursements are payable in addition to the employee’s classification rate but are not taken into account in the calculation of any other penalty rate prescribed by this award except where specifically indicated.

B.3.1 Wage-Related Allowances and Reimbursements

(a) First-aid allowances

(b) Wage related allowances and reimbursements – clothing and transport

B.3.2 Expense-related allowances

B.3.3 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
Meal allowance	Take away and fast foods sub-group

B.3.4 Facilitative provision

Notwithstanding the other provisions of Schedule B—Staff Employees, the method of payment of any or all allowances contained in Schedule B—Staff Employees may be varied by agreement between an employer and an employee.

Schedule C—Summary of Hourly Rates of Pay—Production and Engineering Employees
C.1 Full-time and part-time employees
C.1.1 Full-time and part-time production and engineering employees—ordinary and penalty rates

C.1.2 Full-time and part-time production and engineering employees—shiftwork—Monday to Friday

¹ Rotating night shift and permanent night shift are defined in clause 22.1.

C.1.3 Full-time and part-time production and engineering employees—shiftwork—Weekend

¹ Rotating night shift and permanent night shift are defined in clause 22.1.

C.1.4 Full-time and part-time production and engineering employees—shiftwork—Public holiday

¹ Rotating night shift and permanent night shift are defined in clause 22.1.

C.1.5 Full-time and part-time production and engineering employees other than 6 day roster and 7 day roster employees—overtime rates

NOTE: These rates do not apply to employees referred to in clause 21.2(b)(ii). For such employees, all overtime will be paid for at the rate of 200% of the minimum hourly rate, or where the overtime is worked on a public holiday, at the rate of 300% of the minimum hourly rate.

C.1.6 Full-time and part-time production and engineering employees—6 day roster and 7 day roster employees—overtime—Monday to Friday

¹ Rotating night shift and permanent night shift are defined in clause 22.1.

C.1.7 Full-time and part-time production and engineering employees—6 day roster and 7 day roster employees—overtime—Weekend

¹ Rotating night shift and permanent night shift are defined in clause 22.1.

NOTE: Where an employee works a combination of ordinary hours and overtime hours on a Saturday, all hours worked will be counted towards determining whether an employee has worked in excess of 4 hours pursuant to clause 23.1.

C.1.8 Full-time and part-time production and engineering employees—6 day roster and 7 day roster employees—overtime—Public holiday

¹ Rotating night shift and permanent night shift are defined in clause 22.1.

C.1.9 Full-time and part-time production and engineering employees—6 day roster and 7 day roster employees—overtime—All other overtime

C.1.10 Full-time and part-time production and engineering employees—Regular weekend workers—Overtime rates

NOTE: Regular weekend workers are defined in clause 21.2(b)(ii).

Schedule D—Summary of Hourly Rates of Pay—Staff Employees
D.1 Full-time and part-time employees
D.1.1 Full-time and part-time staff employees—ordinary and penalty rates

D.1.2 Full-time and part-time staff employees—shiftwork—Monday to Friday

¹ Rotating night shift and permanent night shift are defined in clause 22.1.

D.1.3 Full-time and part-time staff employees—shiftwork—Weekend