ORDER

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 4 Sch. 6—Modern enterprise award

Civil Air Operations Officers Association and Airservices Australia
(EM2013/34 and EM2013/56)

AIRSERVICES AUSTRALIA AWARD 2000
[AP767005]

Enterprise instrument modernisation – modern enterprise award made – Airservices Australia Enterprise Award 2016.

1. Further to the decision issued in transcript by the Fair Work Commission on 23 May 2016 and the further amended version of the Proposed Award filed jointly filed by the parties on 25 May 2016, the following modern enterprise award is made:

Airservices Australia Enterprise Award 2016.

2. The award is attached.

3. The Airservices Australia Award 2000 [AP767005] is terminated pursuant to item 9(2)(a) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

4. This order comes into effect on 30 May 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Printed by authority of the Commonwealth Government Printer

Part 1—Application and Operation

1.                     Title and Commencement

1.1                   This award is the Airservices Australia Award 2015.

1.2                   This award commences on 30 May 2016.

1.3                   This award supersedes the Airservices Australia Award 2000.  The replacement of the predecessor award by the this award does not affect any right or liability that a person acquired, accrued or incurred under the predecessor award.

1.4                   The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires Airservices to maintain or increase any overaward payment.

1.5                   The making of this award is not intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, the Fair Work Commission may make any order it considers appropriate to remedy the situation.

2.                     The National Employment Standards and this award

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

2.2                   Airservices must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

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

3.                     Coverage

3.1                   Employer and employees 

(a)           This enterprise award covers Airservices Australia and its employees in the classifications listed in Schedule A—Classification definitions to the exclusion of any other modern award.

(b)          This enterprise award does not cover an employee excluded from award coverage by the Act.

4.                     Award flexibility

4.1                   Notwithstanding any other provision of this award, Airservices and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of Airservices and the individual employee. The terms Airservices and the individual employee may agree to vary the application of are those concerning:

(a)           arrangements for when work is performed;

(b)          overtime rates;

(c)           penalty rates; and

(d)          allowances.

4.2                   Airservices and the individual employee must have genuinely made the agreement without coercion or duress.  An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

4.3                   The agreement between Airservices and the individual employee must:

(a)           be confined to a variation in the application of one or more of the terms listed in clause 4.1; and

(b)          result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

4.4                   The agreement between Airservices and the individual employee must also:

(a)           be in writing, name the parties to the agreement and be signed by Airservices and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(b)          state each term of this award that Airservices and the individual employee have agreed to vary;

(c)           detail how the application of each term has been varied by agreement between Airservices and the individual employee;

(d)          detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and

(e)           state the date the agreement commences to operate.

4.5                   Airservices must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

4.6                   Except as provided in clause 4.4(a) the agreement must not require the approval or consent of a person other than Airservices and the individual employee.

4.7                   Airservices seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited Airservices must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

4.8                   The agreement may be terminated:

(a)           by Airservices or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b)          at any time, by written agreement between Airservices and the individual employee.

Note: If any of the requirements of section 144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see section 145 of the Act).

4.9                   The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between Airservices and an individual employee contained in any other term of this award.

5.                     Facilitative Provisions

5.1                   This award contains facilitative provisions which allow agreement to be reached between Airservices and employees on how specific award provisions are to apply at the workplace level.  The facilitative provisions are those identified at clause 5.3.

5.2                   The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice.  Facilitative provisions are not to be used as a device to avoid award obligations, nor should they result in unfairness to an employee or employees covered by this award.

5.3                   The following facilitative provisions can be utilised upon agreement between Airservices and the majority of employees affected in the workplace, provided that the agreement complies with clause 5.4(a):

5.4                   The following conditions apply to the use of facilitative provisions:

(a)           if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with Airservices about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements;

(b)          any agreement between Airservices and a majority of employees must be recorded in writing.

Part 2—Types of Employment and Classifications

6.                     Types of employment

6.1                   Employees may be engaged on either a full-time, part-time or casual basis.

6.2                   Full-time employment

A full-time employee is an employee who  works the ordinary hours of work set out in clause 9.

6.3                   Part-time employment

(a)           A part-time employee is an employee who works an agreed number of regular hours that is less than the ordinary hours of work specified in clause   9.2, 9.3 or 9.4 (as applicable).

(b)          A part-time employee receives, on a pro-rata basis, equivalent pay and conditions to full-time employees in the same classification.  In relation to expense related allowances, the employee will receive entitlements specified in the relevant clauses of this award.

(c)           At the time of engagement:

(i)            Airservices and a part-time employee (other than a shiftworker) 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.  This pattern of hours will not be varied, amended or revoked without the consent of the employee. 

(ii)          Airservices and a part-time employee who is a shiftworker will agree in writing on the agreed average weekly number of regular hours to be worked by the employee.  This agreed number of hours will not be varied, amended or revoked without the consent of the employee. 

(d)          Any agreed variation to the regular pattern of hours will be recorded in writing.

(e)           A part-time employee will be rostered to work for a minimum of three consecutive hours on any day.

6.4                   Casual employment

(a)           A casual employee is a person employed on an irregular, intermittent and hourly basis without any ongoing commitment from either party as to an ongoing relationship.

(b)          A casual employee will be paid the hourly rate of pay for the employee's classification in accordance with clause 11.

Casual loading

(c)           A casual employee will also be paid a loading of 25% of that rate instead of the paid leave entitlements (other than long service leave), notice of termination of employment and redundancy benefits, Public Holidays and the additional holiday described in clause 22.2.

(d)          The following provisions of this award do not apply to casual employees:

(i)            clause 13 – Transfer allowances;

(ii)          clause 14 – Remote conditions;

(iii)        clause 18 – Annual leave;

(iv)        clause 22 – Public Holidays;

(v)          clause 23 – Termination of employment; and

(vi)        clause 24 – Redundancy.

7.                     Classifications

Classifications for employees covered by this award are set out in Schedule A–Classifications.

8.                     Transferable Groups

8.1                   Employees engaged in the classifications set out in clause 8.2 are generally transferable to both term transfer locations for a fixed period of time and to any other location on a permanent transfer basis.

8.2                   The classifications are:

(a)           Air Traffic Controller;

(b)          Upper Air Space High Frequency;

(c)           Aviation Rescue Fire Fighter; and

(d)          Technical Personnel.

8.3                   Employees in other classifications may be transferred in accordance with the employee's contract of employment.

Part 3—Hours of Work

9.                     Ordinary hours of work and rostering

9.1                   Ordinary hours of work

(a)           Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

(b)          An employee's ordinary hours of work differ depending on an employee's classification.

(c)           If an employee performs shift work as described in Schedule G an employee's ordinary hours of work may include hours worked outside the span of hours relevant to the employee's classification.

(d)          An employee’s ordinary hours of work are to be worked continuously on any day, except for meal breaks.

9.2                   Classifications on 36 ¾ hour week

(a)           This clause 9.2 applies to employees in the following classifications:

(i)            Administrative Service Officer;

(ii)          Technology Professional; and

(iii)        Technical Employee.

(b)          The ordinary hours of work for full-time employees in the classifications listed in clause 9.2(a) must not exceed an average of 36 ¾ hours per week, averaged over 28 days or the employee's roster cycle. 

(c)           The ordinary hours of work may be worked between 8.00 am and 6.00 pm, Monday to Friday. Subject to the provisions of clause 5 (Facilitative provisions), Airservices and the majority of affected employees may agree to a different span of hours.

9.3                   Classifications on 38 hour week

(a)           This clause 9.3 applies to Aviation Rescue Fire Fighters.

(b)          The ordinary hours of work for full-time employees must not exceed an average of 38 hours per week, averaged over the employee's roster cycle.  

(c)           The ordinary hours of work for day workers may be worked between 7.00am to 5.00pm, Monday to Friday. Subject to the provisions of clause 5 (Facilitative provisions), Airservices and the majority of affected employees may agree to a different span of hours.

9.4                   Classifications on 36 hour week

(a)           This clause 9.4 applies to employees in the following classifications:

(i)            Air Traffic Controller;

(ii)          Air Traffic Controller (Check & and Standardisation Supervisor);

(iii)        Air Traffic Controller (Systems Supervisor);

(iv)        Air Traffic Controller (Unit Tower Supervisor)

(v)          Airways Data Team;

(vi)        Flight Data Coordinator;

(vii)      National Operations Centre;

(viii)    Simulator Support Officer; and

(ix)        Upper Air Space High Frequency.

(b)          The ordinary hours of work for employees in the classifications listed in clause 9.4(a) must not exceed an average of 72 hours per fortnight, made up of an average of 70 hours of rostered shifts and up to an additional twelve minutes per shift where 'hand-over' duties are required.  Hours are to be averaged over the acquittal period specified for the employee's roster.

(c)           The ordinary hours of work may be worked in shifts of 6 to 10 hours. Subject to the provisions of clause 5 (Facilitative provisions), Airservices and the majority of affected employees may agree to different shift lengths.

9.5                   Rostered days off

(a)           Subject to the provisions of clause 5 (Facilitative provisions), Airservices, with the agreement of the majority of employees concerned, may establish at a workplace a system of rostered days off, which may include the banking of such days.

(b)          Airservices and an individual employee may agree to alternative rostered day(s) off (including taking the time as part days).

9.6                   Shiftworkers

(a)           Shiftworker is defined in Schedule G – Definitions.

(b)          Shiftworkers may exchange rostered shifts or rostered days off duty provided the arrangements are carried out by mutual agreement between the employees concerned and with the consent of the relevant manager.

(c)           When an introduction of shiftwork or a change in rostered hours is being considered, Airservices will consult with the employees concerned in accordance with clause 26.2.

(d)          Employees must be given at least seven days’ notice of changes to their rostered hours of duty, unless the employee is required to change shift in order to replace another employee who is absent on sick or other leave and who did not give Airservices seven days' notice of his/her absence.

(e)           An employee who is required to change shift without the notice in clause  9.6(d) is entitled to be paid at the appropriate overtime rate for all hours outside the employee’s ordinary rostered hours, in substitution for the shift penalty, until the employee has received seven days’ notice of the change of shift.

9.7                   Two block leave roster

Aviation Rescue Fire Fighters who work:

(a)           at locations that operate 24 hours a day; and

(b)          in accordance with a 10/4 roster based on a 42 hour work cycle,

will take the excess hours worked in a 104 hour block twice per year in lieu of rostered days off.

9.8                   Flextime

(a)           Flextime is a system which allows an employee to reach an agreement with Airservices regarding a pattern of attendance at work.  Flextime will operate consistent with the provisions of this clause 9.8.

(b)          Subject to the provisions of clause 5 (Facilitative provisions), flextime can be introduced in a particular workplace by agreement between the Airservices and a majority of employees.  Once majority agreement has been reached, the operation of flextime may be agreed between Airservices and an individual employee.

(c)           Flextime arrangements implemented in accordance with clause 9.8(c) will operate unless Airservices:

(i)            considers it necessary, because of essential work requirements, for an employee or group of employees in a workplace to revert to the hours of standard day for a period; or

(ii)          removes an employee from flextime for a specified period because the employee has failed to comply with the flextime provisions.

(d)          Flextime will not apply to employees who:

(i)            are required to work in accordance with a roster;

(ii)          work a 38 hour week and are entitled to a rostered day off in a regular cycle;

(iii)        receive a salary equal to or greater than the minimum salary for Administrative Services – Level 7, unless they work flextime by agreement with Airservcies;

(iv)        are regular part-time employees.

(e)           The times of commencement and cessation of duty, including meal breaks, will be subject to agreement between Airservices and the employee. An employee’s attendance outside the hours of a standard day but within the span of hours will be subject to the availability of work and the approval of Airservices.

10.                Breaks

10.1               Ordinary meal break

An employee must not be required to work for more than five hours without an unpaid break of at least 30 minutes for a meal.

10.2               Direction to work during meal break

An employee directed to work during a meal break will be paid at overtime rates for that period.

Part 4—Wages and Allowances

11.                Minimum wages

11.1               Air Traffic Controller

11.2               Airways Data Team

11.3               Simulator Support Specialist

11.4               Flight Data Coordinator

11.5               Upper Air Space High Frequency

11.6               National Operations Centre

11.7               Aviation Rescue Fire Fighter

11.8               Administrative Services

11.9               Technology Professional

11.10           Technical Employee

11.11           Payment of wages

(a)           Wages must be paid fortnightly according to the actual ordinary hours worked each week or according to the average number of ordinary hours worked each week.

(b)          Wages must either be paid by cash, cheque or electronic funds transfer into the bank or financial institution account nominated by the employee.

11.12           Higher duties

(a)           Where an employee has been directed to temporarily perform duties at a higher classification level the following provisions apply:

(i)            Higher duties allowance

An employee directed to perform all or part of the duties of a higher classification will be paid an allowance equal to the difference between the employee's own ordinary rate and the ordinary rate the employee would receive if promoted to the higher classification or an alternative amount determined by Airservices where partial performance is directed.  When calculating an employee's ordinary rate, higher duties allowance (if payable) will be included.

(ii)          Minimum period

An employee who is directed to perform continuous higher duties for more than four hours on any one day or shift will be regarded as being on higher duties for that full day or shift.  The performance of higher duties for less than four hours on any day or shift will be disregarded for all purposes.

(iii)        Higher duties allowance on leave

Where an employee is absent on paid leave or observes a Public Holiday, and has been directed to perform duties at a higher classification, payment of a higher duties allowance will continue during the absence as if the employee was at work, to the extent of the continued operation of the direction.  If the period of paid leave is less than full pay, the payment of the higher duties allowance is adjusted accordingly.

11.13           Composite Rate – Aviation Rescue Fire Fighters

In addition to the minimum rates in clause 11.7 above, Aviation Rescue Fire Fighters who are rostered to work on shift will be paid a composite rate of 34.85% of the appropriate base salary in lieu of ordinary duty, shift and weekend penalty rates and public holiday penalties.

(a)           The commuted allowance shall be excluded for the purpose of calculating overtime or emergency duty which shall be based on the minimum rate set out in clause 11.7 above.

(b)          For the purposes of the Superannuation Act 1976 and the Long Service Leave (Commonwealth Employees) Act 1976, the commuted allowance shall be taken into account in the same manner as the superseded penalty payments covered by this Award.

11.14           Composite Rate –Air Traffic Controllers and Unit Tower Supervisors

When calculating the minimum rate and salary-based allowances for eligible Air Traffic Controllers and Unit Tower Supervisors, the order in which the composite salary will be constructed is as follows: minimum rate for the classification, plus Simultaneous Operations Allowance (where applicable) plus Complexity Allowance (where applicable) plus relevant shift penalties.

11.15           Supported wage system

See Schedule B.

11.16           School-based apprentices

See Schedule E.

11.17           National training wage

See Schedule F.

12.                Allowances

12.1               Eligibility for allowances

Unless otherwise specified in clause 12 or 13, allowances:

(a)           are cumulative (that is, an employee can be paid more than one allowance);

(b)          are not included in an employee's ordinary rate (and therefore do not affect the calculation of penalties or overtime rates); and

(c)           prescribed in clauses 12.15 and 12.16 will be payable during periods of paid annual leave, paid personal/carer's leave or any other approved paid leave.

12.2               Allowance rates

Airservices must pay to an employee such allowances as the employee is entitled to under this clause.  See Schedule C for a summary of monetary allowances.

12.3               Clothing and equipment allowance

(a)           Airservices will reimburse an employee for the loss or damage, in the performance of work, of tools, clothing or items owned by an employee, up to the demonstrated cost of repair or replacement.

(b)          Where an employee is required to temporarily visit a locality with a greatly different climate from their normal location, Airservices will reimburse the employee with reasonable costs associated with purchasing suitable clothing, up to $120.86 per annum. 

12.4               Travelling allowance, expenses and reimbursement

Where Airservices requires an employee in the course of duties to be absent overnight (including on overseas travel) or for part of the day, Airservices will pay the employee an allowance to cover reasonable travelling, accommodation, meal and other incidental expenses. Where practicable, the allowance will be paid in advance of undertaking the travel.  The applicable allowance rate will be that determined by the Australian Taxation Office as a reasonable amount of the locality visited.  This clause does not apply if the expenses are paid for by Airservices.   

12.5               Motor vehicle allowance

An employee who is required on a casual basis to use the employee's motor vehicle to carry out Airservices' business must be paid an allowance as follows:

(a)           800cc or less: $0.61 per km;

(b)          between 800cc and 1300cc: $0.69 per km;

(c)           greater than 1300cc: $0.73 per km.

12.6               Overtime meal allowance

(a)           An employee required to work more than one hour of overtime after the employee’s ordinary time of ending work must be either provided with a meal or paid a meal allowance of $25.29.

(b)          An employee who is recalled to work emergency duty in accordance with clause 17.10 who is required to perform work for more than three hours must be either provided with a meal or paid a meal allowance of $25.29. 

12.7               Airport Category Allowance

(a)           An employee who is classified as a Fire Commander who is required to perform divisional officer duties at an ARFF Unit at a category 7 or 8 airport, shall be paid an airport category allowance of $1,922.10 per annum in addition to the base salary set out in clause  11.7.

(b)          An employee who is classified as a Fire Commander who is required to perform divisional officer duties at an ARFF Unit at a category 9 (or higher) airport, shall be paid an airport category allowance of $3,906.52 per annum in addition to the base salary set out in clause 11.7.

12.8               Complexity Allowance

(a)           In accordance with the following table, air traffic controllers will be paid the following allowance to compensate for the complexity of work requirements at air traffic control stations as specified below, in addition to the rates of salary specified at clause 11.1.

(b)          The allowance is payable whenever an employee is engaged as an air traffic controller at an airport or station specified hereto. The quantum of the allowance payable to the employee shall be determined in accordance with the grading assigned to the airport or station at which the employee is engaged as an air traffic controller. This allowance is payable for all purposes of the award.

12.9               Surveillance Advisory Service (SAS) Allowance

(a)           An air traffic controller who performs the function of providing surveillance  advisory service (SAS), in addition, and at the same time, as their normal air traffic control functions, will be paid an allowance of 5% of their salary. This salary encompasses the base rate, complexity allowance and Simultaneous Operations Allowance.

(b)          The allowance is payable for the whole of the period that an employee is required to perform SAS functions as an additional function.

(c)           The allowance will not be payable for any other purposes of this award.

12.10           Simultaneous Operations Allowance

(a)           The Simultaneous Operations Allowance is paid to those controllers who perform the function of handling air traffic that simultaneously utilise two intersecting runways.

(b)          The allowance is based on a percentage of the base salary and is paid in addition to salary.

12.11           Life Insurance

Where an employee holds a Life Insurance policy as defined by the Life Insurance Act 1995, and the employee is required to pay a loading as a result of the duties performed on behalf of Airservices, that loading will be reimbursed.

12.12           Loss Of Income Insurance

(a)           An eligible employee will be reimbursed premiums paid for ‘Loss of Income Insurance’ where the employee is required to hold a licence, and holds that licence to perform their duties with Airservices.

(b)          The insurance policy must only provide for benefits where the employee ceases to hold a licences as a result of an inability to satisfy the medical requirements of the licence.

(c)           Eligible employees are:

(d)          The provisions of this clause do not apply where the premium is paid by the employer.

12.13           Extra Fares and Additional Travel Time

(a)           Where an employee on a salary less than $48,308.75 incurs additional costs or travels an additional 30 minutes per day (or an aggregate of 150 minutes in a fortnight) above his or her ordinary travel time because of an employer directive, the employee is entitled to reimbursement for the additional cost.

(b)          Ordinary travel time is the time an employee would normally spend travelling each way between home and work.  Where an employee is on temporary transfer, ordinary travel time is the time the employee would normally spend travelling each way from  the temporary workstation and their temporary home.

(c)           The rate of payment for additional travel time is single time for travel on weekdays and Saturdays and time-and-a-half on Sundays and public holidays.

(d)          Excess fares will be reimbursed where extra cost can be demonstrated.  Reimbursements are based on additional public transport costs. Where public transport costs cannot be ascertained, and the employee normally drives their own private vehicle,  Motor Vehicle Allowance as set out in 12.5 will apply.

(e)           Excess fares will be reimbursed for a period of up to three months where Airservices relocates an employee.

12.14           Spectacle allowance

(a)           Where Airservices requires an employee who operates screen based equipment to undertake a regular eyesight test, Airservices must reimburse the employee the demonstrated cost of the test, unless Airservices provides the test.

(b)          If an employee is prescribed spectacles as a result of a test undertaken in accordance with clause 12.14(a),  Airservices may reimburse the employee for the cost of those spectacles as follows:

(i)            for single focus spectacles: up to a maximum of $91.00; or

(ii)          for multi-focus spectacles: up to a maximum of $165.00.

12.15           First aid allowance

(a)           An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications, such as a certificate from the St John Ambulance or similar body, must be paid an allowance of $13.42 per week if appointed by Airservices to perform first aid duty.

(b)          The first aid allowance is included in the employee's ordinary rate.

12.16           On the Job Training Instructor allowance

An Air Traffic Controller – Field Trainee or Air Traffic Controller required to perform duties as an On the Job Training Instructor will be paid an annual allowance of 6.5% of their salary.  For the period that On the Job Training Instructor duties are performed, this allowance will be included in an employee's ordinary rate.

12.17           Telephone reimbursement

(a)           Where an employee is required to provide out of hours advice to Airservices or is nominated as a contact point for out of hours advice and is not provided with a telephone by Airservices, the employee is entitled to reimbursement of telephone expenses up to 240 local calls per annum and other work-related calls as substantiated by the employee.

12.18           Reimbursement of study costs

Airservices will reimburse the cost of an approved course of study undertaken by an employee.  Reimbursement is contingent on the employee successfully completing the course of study.

12.19           Optical Fibre and Filled Cable Allowance

(a)           An employee directly supervising the laying, terminating, maintenance or removal of optical fibre cable will be paid an allowance of $24.54 per week.

(b)          An employee directly supervising jointing work of optical fibre will be paid an allowance of $28.06 per week.

(c)           An employee directly supervising the laying, terminating, maintenance or removal of filled cable will be paid an allowance of $17.50 per week.

(d)          An employee directly supervising jointing work of filled cable will be paid an allowance of $21.02 per week.

(e)           Payments made under this clause are only payable for duty.

12.20           Special Rates

(a)           Subject to sub-clauses 12.20(k) and 12.20(l), the following special rates will be paid to employees including apprentices and juniors.

(b)          Confined spaces

Working in confined spaces, as agreed by the relevant manager, the employee will be paid an additional 64 cents per hour.

(c)           Dirty work

Work which the relevant manager of the job agrees is of an unusually dirty or offensive nature will be paid an additional allowance of 48 cents per hour.

(d)          Epoxy‑based materials

An employee using epoxy‑based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system, or an employee working in close proximity to employees engaged in using such materials so as to be affected by the materials specified will be paid an additional allowance of 64 cents per hour.

(e)           Height money

Employees (other than riggers) engaged in the construction, erection, repair and or maintenance of steel framed buildings, bridges, gasometers and similar structures at a height in each case of fifteen metres or more directly above the nearest horizontal plane will be paid an additional allowance of 33 cents per hour.

(f)           Hot places

(i)            An employee who works for more than one hour in the shade in places where the temperature is raised by artificial means to:

1.      between 46 degrees Celsius and 54 degrees Celsius, will be paid an allowance of 48 cents per hour,

2.      in excess of 54 degrees Celsius, will be paid an additional allowance of 64 cents per hour.

(ii)          Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, employees will also be entitled to twenty minutes rest after every two hours work without deduction of pay.

(g)          Wet places

Other than any employee who is supplied by Airservices with suitable and effective protective clothing and/or footwear, an employee working in any place, where their clothing or boots become saturated by water, oil or another substance, will be paid 48 cents per hour extra. Any employee who becomes entitled to this extra rate will be paid that extra rate for such part of the day or shift they are required to work in wet clothing or boots.

(h)          Explosive powered tools

An employee required to use explosive powered will be paid an additional $1.29 per day.

(i)            Towers

An employee working on a chimney stack, spire tower, radio or television mast or tower, air shaft, cooling tower, water tower or silo, where the construction exceeds fifteen metres in height will be paid an allowance of 54 cents per hour for all work above fifteen metres.

(j)            Special rates not cumulative

Where more than one of the disabilities set out in this clause 12.20 entitles an employee to extra rates, only one of the special rates will be paid namely, the highest for the applicable disabilities.  This does not apply in relation to confined spaces, dirty work, height money, hot places or wet places, the rates for which are cumulative.

(k)          Rates not subject to penalty provisions

(l)            The special rates in this clause 12.20 will be paid irrespective of the times at which the work is performed, and will not be subject to any premium or penalty additions. Special rates prescribed will not be payable during holidays, annual leave, sick leave or any other approved leave.

12.21           Representative Allowance

(a)           An employee who is appointed as the Airservices Representative at an airport, will receive an allowance at the rate set out in the Table below.

(b)          Category 1 locations include small airports and permanently staffed stations which are not located on airports and will only require occasional interaction with the local airport authorities, councils, community groups and the airline representatives.

(c)           Airservices Representatives in Category 2 locations are expected to be involved in representative activity for an average minimum of 1 hour per week outside normal hours. This category would include large regional and general aviation airports and off-airport locations.

(d)          Capital city airports are the only Category 3 locations. Airservices Representatives at these locations would normally be required to work at least 1 hour per week outside normal hours on representative activity.

13.                Transfer allowances

13.1               General entitlement

(a)           For the purposes of this clause 13, dependant means a transferred employee's spouse (including de facto), partner or child who normally resides with the employee and who moves with the employee or to join the employee.  For the purposes of entitlements other than in a term transfer, an individual is not a dependent if that individual is in receipt of income in excess of $30,938.13 per annum.

(b)          An employee is entitled to reimbursement for all reasonable and actual expenses incurred in fulfilling Airservices' requirements for the employee to transfer.  Where Airservices pays for expenses directly, the employee is not entitled to reimbursement.

13.2               Temporary Transfer

(a)           An employee on Temporary Transfer is entitled to:

(i)            Reimbursement of a return economy airfare to the home location every three months during the term of the Temporary Transfer.

13.3               Permanent Transfer

(a)           An employee on Permanent Transfer is entitled to:

(i)            Reimbursement of rental payments for a period of six months, on the basis of $635.78 per week for an unfurnished property and $714.39 per week for a furnished property.  An employee will contribute the first $77.23 per week;

(ii)          Reimbursement for the actual and reasonable legal and real estate agency costs involved if an employee requires assistance with the sale and/or purchase of a home;

(iii)        Payment of the fares and accommodation associated with a pre-transfer visit to the locality by the employee and/or the employee's dependants, if that visit would reduce the cost of temporary accommodation on arrival for the transfer.

13.4               Term Transfer

(a)           An employee will be provided with three months' notice (or another period as agreed) of the date of commencement of a Term Transfer and of the completion date of the Term Transfer.

(b)          An employee on Term Transfer is entitled to:

(i)            Reimbursement of rental payments for the period of the term transfer, on the basis of $635.78 per week for an unfurnished property and $714.39 per week for a furnished property.  An employee will contribute the first $77.23 per week.

(ii)          Reimbursement for reasonable expenses associated with the return of the employee to from the Term Transfer location to the employee's home location, where the employee has completed at least six continuous months service at the Term Transfer location;

(iii)        Reimbursement of fares and travel costs for emergency medical and dental treatment which is unavailable at the designated term transfer location;

(iv)        Payment of the fares and accommodation associated with a pre-transfer visit to the locality by the employee and/or the employee's dependants, if that visit would reduce the cost of temporary accommodation on arrival for the transfer;

(v)          Remote conditions entitlements, where the employee is eligible in accordance with clause 14;

(vi)        Reimbursement of two return airfares per year with respect to a dependent child attends primary or secondary school away from a location set out below (unless the child is entitled to fares under a State or Territory scheme):

1.                  Alice Springs;

2.                  Karratha; and

3.                  Port Hedland.

13.5               Compulsory Transfer

(a)           An employee will be provided with adequate notice of Compulsory Transfer (generally 12 months' notice if that is practical).

(b)          An employee on Compulsory Transfer is entitled to:

(i)            A three day familiarisation visit to the new location for the

(ii)          Reimbursement for the actual and reasonable legal and real estate agency costs involved if an employee requires assistance with the sale and/or purchase of a home;

13.6               Disturbance allowance

Employees who are required to transfer in accordance with this clause 13 and whose transfer requires removal, will be paid an allowance as follows:

14.                Remote conditions

14.1               District allowance

(a)           District allowance is paid to an employee who lives and works in a remote locality as follows:

(b)          For the purposes of this clause 14, an eligible dependent is a dependent or partner who resides with the employees and whose income, if any, is less than $30,938.13 per annum.

(c)           Where both spouses are employed by Airservices at a location specified in clause 14.1(a) above, each will receive the allowance at the "without eligible dependant rate".  Other eligible dependants will be accounted for only once.

(d)          The allowance set out clause 14.1(a) is not payable to casual employees and is paid to part-time employees on a pro-rata basis.

(e)           Airservices may approve the payment of district allowance to an employee in a locality that is not set out in clause 14.1(a) at its sole discretion.

14.2               Remote locality leave fares

(a)           Employees and their eligible dependents located either permanently or on term transfer are eligible for reimbursement of annual or biennial leave air fares (standard economy class) as follows:

(b)          Leave fares accrue on arrival at the locality and accrue to a maximum of two at any one time. They may be taken independently by the employee and the eligible dependants.

14.3               Water subsidy

(a)           Employees at locations listed below who are in receipt of rental subsidy will receive a subsidy for water consumed over and above that allowed in the region and/or tenancy agreement. The amount will be paid as a reimbursement on evidence of use to the maximum limit:

14.4               Electricity Subsidy

Employees on term transfer to Cocos Island or Christmas Island may have electricity charges over and above those normally incurred at their pre-transfer locality reimbursed.

14.5               Air-conditioning Subsidy

(a)           An employee will be reimbursed electricity payments in respect of air-conditioning as set out below.

Percentage of total charge reimbursable

(b)          Pro-rata reimbursement will be paid where electricity account and subsidy period overlap.

14.6               Education fees reimbursement allowance

(a)           An allowance is payable to an employee where:

(i)            an employee is transferred to a location where an employee is entitled to payment of district allowance; and

(ii)          the employee's dependent child either remains at school at the home location or commences school at the new location before the arrival of the employee (that is, so the employee can commence the school term or year); and

(iii)        the employee's dependent child is completing the final two years of secondary school (that is, year 11 or 12); and

(iv)        the employee incurs tuition fees, board or lodging costs additional to the costs that would have been incurred if the employee was not transferred.

(b)          The maximum amount of the allowance described at clause 14.6(a) is:

(i)            $14,497.93 for tuition fees; and

(ii)          $12,078.07 for board and lodging.

(c)           All claims for the allowance described at clause 14.6(a) will be determined by Airservices on the basis of reasonableness.

15.                Superannuation

15.1               Superannuation legislation

(a)           Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b)          The rights and obligations in these clauses supplement those in superannuation legislation.

15.2               Employer contributions

Airservices must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid Airservices being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

15.3               Voluntary employee contributions

(a)           Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as Airservices makes the superannuation contributions provided for in clause 15.2.

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

(c)           Airservices must pay the amount authorised under clauses 15.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 15.3(a) or (b) was made.

15.4               Superannuation fund

Unless, to comply with superannuation legislation, Airservices is required to make the superannuation contributions provided for in clause 15.2 to another superannuation fund that is chosen by the employee, Airservices must make the superannuation contributions provided for in clause 15.2 and pay the amount authorised under clauses 15.3(a) or (b) to one of the following superannuation funds or its successor:

(a)           AvSuper; or

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

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

Part 5—Penalties and Overtime

16.                Penalty rates – shiftworkers

16.1               General

(a)           Shiftworker is defined in Schedule G – Definitions.

(b)          Shift penalty payments will not be taken into account in the computation of overtime or in the calculation of any allowance based upon salary, nor will they be paid with respect to any shift for which any other form of penalty payment is made under this award.

(c)           For the purpose of calculating penalty rates, an employee's ordinary rate will be considered to include any higher duties allowance for the shift.

16.2               A shiftworker will be paid the following penalty rates for all ordinary hours worked by the shiftworker during the following periods:

See Schedule B – Summary of hourly rates of pay for a summary of rates of pay including penalties

16.3               The Saturday, Sunday and Public Holiday penalty rates are in substitution for and not cumulative upon the Night or Continuous Night penalty rates.

16.4               Penalty rates are not payable for overtime hours worked by the employee.

17.                Overtime

17.1               Definition of overtime – employees other than shiftworkers

(a)           Full-time and casual employees

The following work is overtime:

(i)            all time (other than travelling time) worked by a full-time or casual employee in excess of the ordinary hours of work for a full-time employee, or outside the ordinary span of hours.

(b)          Part-time employees

The following work is overtime:

(i)            all time (other than travelling time) worked by a part-time employee in excess of the hours as agreed under clause 6.3(c).

17.2               Overtime rates – employees other than shiftworkers

Where an employee works overtime, Airservices must pay to the employee the overtime rates as follows:

17.3               Definition of overtime - shiftworkers

(a)           The following work is overtime:

(i)            all shift work as described under Schedule G which is performed outside the employee’s ordinary rostered hours; or

(ii)          all shift work as described under Schedule G which is performed in excess of the weekly hours of ordinary duty, or an average of the weekly hours of ordinary duty over a cycle of shifts.

(b)          For the purposes of this award, the following work performed by shiftworkers is not overtime:

(i)            travelling time;

(ii)          all time worked as part of an agreed exchange of rostered shifts or rostered hours; and

(iii)        all time worked by a shiftworker as described under Schedule G which is performed as part of the employee’s ordinary rostered hours.

17.4               Overtime rates - shiftworkers

Where a shiftworker works overtime, Airservices must pay to the employee the overtime rates as follows:

17.5               Absence from duty instead of overtime.

(a)           An employee may agree to take time off in lieu of payment of overtime equivalent to the hours worked at the overtime rate, or as a mixture of payment and time in lieu to the same value.

(b)          Accrued but untaken time off in lieu will not be paid on termination of employment.

17.6               Overtime for casual employees

For casual employees, the overtime rates prescribed in clauses 17.2 and 17.4 will be in substitution for, and not cumulative upon, the casual loading prescribed in clause 6.4(c).

17.7               Overtime for senior employees

Except with the approval of Airservices, an employee whose classification has a minimum salary equal to or greater than the minimum salary for Administrative Services—Level 7 will not be eligible for overtime payment.

17.8               Rest period after overtime

(a)           An employee who is entitled to receive payments for overtime is entitled, at the end of the overtime period, to be absent from duty for eight consecutive hours (plus reasonable travelling time) without loss of pay.

(b)          If an employee referred to in clause 17.8(a) is directed to return to duty without eight consecutive hours absence (plus reasonable travelling time) will be paid at double rates for all hours worked until the required break is taken.

(c)           The provisions of clauses 17.8(a) and 17.8(b) apply to overtime worked in circumstances covered by clause 17.10 where an employee performs work for three hours or more on a day.

(d)          The provisions of clauses 17.8(a) and 17.8(b) do not apply where an employee works less than 3 hours overtime immediately prior to starting an ordinary shift.

17.9               Restriction duty

(a)           An employee may be directed to be contactable and to be available to perform extra duty outside the employee's ordinary hours of work, subject to payment under this clause.

(b)          An employee on restriction will be paid $2.67 per hour or part thereof for the period of the restriction.

(c)           If the employee is recalled to duty at the workplace, the employee will be paid in accordance with the overtime provisions.

17.10           Emergency duty

(a)           Where an employee who is entitled to receive overtime payments is recalled to duty in emergency circumstances and no notice of the duty was given to the employee prior to ceasing ordinary hours of work, the employee will be paid for such emergency duty at the rate of 150% of the employee's ordinary rate.  The time for which payment will be made will include time necessarily spent in travelling to and from duty.  The minimum payment under this subclause will be three hours. 

(b)          The provisions of clause 17.10(a) do not apply to shiftworkers whose duty for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.

Part 6—Leave, Public Holidays and other entitlements

18.                Annual leave

18.1               Annual leave is provided for in the NES. Casual employees are not entitled to paid annual leave. The NES provides for the accrual of four weeks paid leave per year. For the full NES annual leave entitlement see ss.86–94 of the Act.

18.2               Where an employee dies, payment will be made to the legal personal representative of the former employee of the former employee's accrued but untaken annual leave.

18.3               Additional leave for certain shiftworkers

(a)           Shiftworkers, as defined in clause 18.3(b) will be entitled to an additional half a day paid annual leave for each Sunday rostered, up to a maximum of five days per year. A rostered overtime shift of three hours or more which commences or ceases on a Sunday will count in the calculation.

(b)          For the purpose of the additional leave provided for in clause 18.3(a), an employee will be considered a shiftworker if rostered to perform ordinary duty:

(i)            outside the period 6.30 am to 6.00 pm, Monday to Friday, and/or

(ii)          on Saturdays, Sundays or Public Holidays,

for an ongoing or fixed period.

(c)           Part-time employees will be entitled to leave under clause 18.3(a) only where the employee has a shift pattern involving the regular performance of rostered duty on Sundays and Public Holidays and involving not less than five shifts per week or an average of not less than the number of shifts per week of an equivalent full-time employee.

18.4               Excess leave

Notwithstanding section 88 of the Act, if Airservices has genuinely tried to reach agreement with an employee as to the time of taking annual leave, Airservices can require the employee to take annual leave by giving at least 28 days' notice of the time when such leave is to be taken if:

(a)           at the time the direction is given, the employee has 8 weeks or more (10 if the employee is a shiftworker) of accrued annual leave; and

(b)          the amount of annual leave the employee is directed to take does not reduce the employee's remaining balance to less than 8 weeks.

18.5               Annual leave in advance

(a)           An employer and employee may agree to the employee taking a period of paid annual leave in advance of the employee accruing an entitlement to such leave provided that the agreement meets the following requirements:

(i)            it is in writing and signed by the employee and employer;

(ii)          it states the amount of leave to be taken in advance and the date on which the leave is to commence; and

(iii)        it is retained as an employee record.

(b)          This subclause applies if an employee takes a period of paid annual leave in advance pursuant to an agreement made in accordance with clause 18.5(a).  If the employee’s employment is terminated before they have accrued all of the entitlement to paid annual leave which they have taken then the employer may deduct an amount equal to the difference between the employee’s accrued annual leave entitlement and the leave taken in advance, from any monies due to the employee on termination.

18.6               Payment for annual leave

(a)           An employee on annual leave will, for the period of the annual leave, be paid at the employee's ordinary rate .

(b)          A shiftworker, other than an Aviation Rescue Fire Fighter covered by clause 18.6(c), on approved annual leave will, for the period of the annual leave, receive shift penalty payments in relation to the shifts the employee would have worked if the employee was not on annual leave.

(c)           An Aviation Rescue Fire Fighter who is paid a composite rate in accordance with clause 11.13, on approved annual leave, will receive the composite rate for the period of the annual leave.

18.7               Additional leave for employees in remote localities

(a)           Employees in remote localities are entitled to additional annual leave as follows:

18.8               Cashing out of annual leave 

(a)           Paid annual leave must not be cashed out except in accordance with an agreement under clause 18.8.

(b)          Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause18.8.

(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 18.8 must state:

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

(ii)          when the payment is to be made.

(e)           An agreement under clause 18.8 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f)           The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g)          An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

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

(i)            The employer must keep a copy of any agreement under clause 18.8 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 18.8.

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 18.8.

19.                Personal/carer’s leave and compassionate leave

19.1               Personal/carer's leave and compassionate leave are provided for in the NES.  The following provisions supplement the NES entitlement.

19.2               Employees who are entitled to paid personal/carer's leave under the NES are entitled to accrue an additional 8 days of personal/carer's leave per annum treated in accordance with the provisions of the NES.

19.3               An additional one day paid compassionate leave per occasion is provided to all employees other than casual employees.

19.4               Paid personal/carer's leave and compassionate leave will be paid at the employee's ordinary rate.

20.                Parental leave

20.1               Parental leave is provided for in the NES.

20.2               In addition to the entitlements in the NES, an employee who is not a casual employee is entitled to maternity leave as if the Maternity Leave (Commonwealth Employees) Act 1973 applied to Airservices. References in that legislation to the relevant Secretary will be read as the Chief Executive Officer of Airservices.

21.                Community service leave

Community service leave is provided for in the NES.

22.                Public holidays

22.1               Public holidays are provided for in the NES.

22.2               In addition to the public holidays specified in the NES, an employee who is not a casual employee is entitled to one additional holiday, which will be granted by Airservices over the Christmas/New Year period.

22.3               An employee, by agreement with Airservices, may substitute another day for any public holiday.

22.4               Public holidays on rostered days off – shiftworker

If a shiftworker is rostered off on a public holiday, the employee is entitled to take an additional day’s leave to substitute for the missed public holiday.  Where it is not practical to grant the day’s leave within a month of the public holiday, the employee will receive an additional day’s pay at the employee's ordinary rate.

23.                Termination of employment

23.1               Notice of termination of employment is provided for in the NES.

23.2               Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of Airservices except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice Airservices may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

23.3               Job search entitlement

Where Airservices has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with Airservices.

23.4               Payment of accrued annual leave on termination of employment

Where employment ceases, the employee will be entitled to payment in lieu of accrued annual leave. Payment in lieu will be calculated using the employee’s final rate of salary, including allowances that would have been included during annual leave. District allowance is only included in the calculation for leave accrued in a remote locality.

23.5               Recognition of service – trainees

Where a trainee is engaged for a fixed term period for the purposes of a traineeship and upon successful completion of the traineeship:

(a)           the trainee commences ongoing employment with Airservices immediately following the end of the traineeship; or

(b)          the trainee does not commence ongoing employment with Airservices immediately following the end of the traineeship but does commence ongoing employment within six months from the end of the traineeship,

the full period of the employee's traineeship will count as service.

24.                Redundancy

24.1               Redundancy pay is provided for in the NES.  The following provisions supplement the NES.

24.2               Excess employee

An employee is an excess employee if:

(a)           the employee is included in a class of employees employed by Airservices, which class comprises a greater number of employees than is necessary for the efficient and economical working of Airservices;

(b)          the services of the employee cannot be effectively used because of technological or other changes in the work methods of Airservices or changes in the nature, extent or organisation of the functions of Airservices; or

(c)           the duties usually performed by the employee are to be performed at a different locality, the employee is not willing to perform duties at the locality and Airservices determines that the provisions of this clause apply to that employee.

24.3               Entitlement

(a)           An excess eligible employee whose employment is terminated will be entitled to be paid redundancy pay (which includes any NES entitlement) of a sum equal to two weeks' salary for each completed year of continuous service with Airservices, plus a pro rata payment for completed months of service since the last completed year of service, unless the NES provides a greater benefit.

(b)          For the purposes of this clause 24.3, salary includes any allowances specified in this Award as being included in the employees' ordinary rate, but does not include:

(i)            shift and weekend penalty rates and public holiday penalties; or

(ii)          the composite allowance specified in clause 11.13.

(c)           Where an employee has been acting at a higher classification level for a continuous period of at least twelve months immediately preceding the date on which he or she receives notice of retirement, the salary level will be the employee’s salary at the higher level as at the date of termination.

Note: As at the date of commencement of the award, the NES provides for an entitlement to 6 weeks' redundancy pay to an employee who has completed at least two years, but less than three years continuous service with an employer.

24.4               Minimum and maximum payments

The minimum sum payable as redundancy pay on termination will be four weeks' salary and the maximum sum payable will be 48 weeks' salary.

24.5               Pro rata entitlement

Redundancy pay will be calculated on a pro rata basis where the employee has worked part-time hours during the period of service and the employee has less than 24 years full-time service, subject to any minimum entitlement the employee has under the NES.

24.6               Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and Airservices may, at Airservices' option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

24.7               Period of notice – termination of employment

Where the employment of an excess employee is terminated, the period of notice will be four weeks.  In the case of an employee over 45 years of age with at least five years of continuous service, the period of notice will be five weeks.

24.8               Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

24.9               Job search entitlement

(a)           An employee given notice of termination in circumstances of redundancy must be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b)          If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of Airservices, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c)           This entitlement applies instead of clause 23.3.

25.                Preserved entitlement to Early Retirement Benefit for particular employees

25.1               Application

The provisions of this clause 25 only apply to employees:

(a)           who were employed by Airservices in one of the classifications identified in sub-clause 25.2 below, as at 1 July 1998; and

(b)          who have not previously made an election to convert their Early Retirement Benefit entitlement into an alternative form of benefit (such as a periodic payment).

25.2               Relevant classifications

(a)           Air Traffic Controller

(b)          Air Traffic Control Manager

(c)           Air Traffic Control Superintendent

(d)          Flight Service Officer

(e)           Flight Service Manager

(f)           Flight Service Specialist Support

(g)          Flight Service Supervisor

(h)          Flight Service Superintendent

(i)            Airways Operations Superintendent

(j)            Assistant Director (Operations)

(k)          Air Traffic Services Manager

(l)            Air Traffic Services Operations Officer

25.3               For the purposes of this Clause 25, the following terms are defined:

(a)           Age in years of the employee on retirement will be calculated in accordance with the provisions of section 6 of the Superannuation Act 1976.

(b)          Final annual rate of salary has the same meaning as in the Superannuation Act 1976.

(c)           Relevant licensing authority means the person who, in accordance with the Civil Aviation Regulations as in force from time to time, is empowered to licence a person to be an Air Traffic Controller or a Flight Service Officer.

(d)          Relevant period of flight service or air traffic control service means the period, or the sum of the periods, during which the employee was employed as an Air Traffic Controller or Flight Service Officer or Air Traffic Control Manager, but does not include:

(i)            any period of service occurring before the employee was granted an Air Traffic Controller or Flight Service Officer licence by the relevant licensing authority or graduated from an Air Traffic Controller or Flight Service Officer course conducted by, or on behalf of, the relevant licensing authority,

(ii)          any period of service before the employee last became an employee, or

(iii)        periods of leave without pay which have been determined not to count as service.

25.4               Eligible Employees

Subject to clause 25.8, an employee to whom this clause applies will be eligible to be paid an Early Retirement Benefit calculated in accordance with clause 25.5 below upon retirement from employment with Airservices where, at the time of retirement, the employee:

(a)           is employed in a classification in sub-clause 25.2 or an equivalent operational classification; and

(b)          is between 50 and 60 years of age; and

(c)           has a relevant period of flight service or air traffic control service of more than 10 years.

25.5               The amount of the Early Retirement Benefit is equal to the product of A, B and C where:

A is the final annual rate of salary of the eligible employee,

B is the factor specified in sub-clause 25.6 opposite the age in years of the employee on retirement, and

C is the number of years of service the eligible employee has completed in the relevant period of flight service or air traffic control service.

25.6               Factors applicable to early retirement benefit payment

25.7               An employee is entitled to retire from Airservices on becoming an eligible employee in accordance with this clause  25.

25.8               An eligible employee will not be entitled to payment in accordance with clause 25.5 if the Chief Executive Officer is satisfied, having regard only to the operational requirements of Airservices Australia relating to air traffic control or flight service, that the retirement of the employee is not in the interests of Airservices.

Part 7—Consultation and Dispute Resolution

26.                Consultation

26.1               Consultation regarding major workplace change

(a)           Employer to notify

(i)            Where Airservices has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, Airservices must notify the employees who may be affected by the proposed changes and their representatives, if any.

(ii)          Significant effects include termination of employment; major changes in the composition, operation or size of Airservices’ workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

(b)          Employer to discuss change

(i)            Airservices must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 26.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(ii)          The discussions must commence as early as practicable after a definite decision has been made by Airservices to make the changes referred to in clause  26.1(a).

(iii)        For the purposes of such discussion, Airservices must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to Airservices’ interests.

26.2               Consultation about changes to rosters or hours of work

(a)           Where Airservices proposes to change an employee’s regular roster or ordinary hours of work, Airservices must consult with the employee or employees affected and their representatives, if any, about the proposed change.

(b)          Airservices must:

(i)            provide to the employee or employees affected and their representatives, if any, all relevant information about the proposed change, provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests;

(ii)          invite the employee or employees affected to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);

(iii)        commence the consultation as early as practicable; and

(iv)        give prompt consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

27.                Dispute resolution

27.1               In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

27.2               If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clause 27.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

27.3               The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.

27.4               Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

27.5               Airservices or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

27.6               While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by Airservices to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

27.7               Where the provisions of clause 27.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 27.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 27.2 and will not suffer any loss of pay in respect of the absence.

27.8               To assist in the resolution of disputes, an employee representative, referred to in clause 27.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution.  The grant of leave to attend a course will be subject to operational requirements.

(a)           The specific training course will be agreed between the employer and the individual employee.

(b)          An employee representative granted leave of absence under clause 27.8 will not suffer any loss of pay.

Schedule A—Classification definitions

A.1              Air Traffic Controller

A.1.1           Air Traffic Controllers control, sequence and monitor air traffic in controlled airspace in the Australian flight information region, and may also contribute to other functions in support of operational services.

A.1.2           Air Traffic Controller—Academy Trainee means an employee undertaking studies in air traffic control to obtain a Diploma of Aviation (Air Traffic Control).

A.1.3           Air Traffic Controller—Field Trainee means an employee who has successfully completed studies and obtained a Diploma of Aviation (Air Traffic Control), and is undergoing on the job training assessment to determine eligibility to hold an air traffic controller licence.

A.1.4           Air Traffic Controller means an employee who has successfully obtained and exercises the functions of an air traffic control licence.

A.1.5           Unit Tower Supervisor means an employee who supervises the delivery of air traffic services at a particular air traffic control tower.

A.1.6           Check & Standardisation Supervisor—Air Traffic Control means an employee responsible for ensuring that Air Traffic Controllers within a particular group of operations attain and continue to retain a consistent high level of proficiency in accordance with operational objectives and regulatory requirements.

A.1.7           Systems Supervisor means an employee who supervises the delivery of air traffic services within a flight information region and is responsible for the tactical management of flight information region systems and equipment.

A.2              Airways Data Team

A.2.1           Airways Data Team employees are responsible for managing the integrity and configuration of operational data systems to optimise the performance and safety of the National Airways System, by applying advanced analytical techniques, development, configuration and adaptation of airways systems.

A.2.2           Airways Data Team—Trainee means an employee undertaking on the job training to become an Airways Data Team—Officer.

A.2.3           Airways Data Team—Officer means an employee who has successfully completed on the job training, and carries out Airways Data Team functions.

A.2.4           Airways Data Team—Supervisor means an experienced Airways Data Team—Officer who is responsible for the supervision of a shift of Airways Data Team employees.

A.3              Simulator Support Specialist

A.3.1           Simulator Support Specialists perform simulator pilot and ATC coordination delivery duties, and set up simulator exercises.

A.3.2           Simulator Support Specialist—Trainee means an employee undertaking on the job training to become a Simulator Support Specialist.

A.3.3           Simulator Support Specialist—Level 1 means an employee who has successfully completed on the job training and carries out Simulator Support Specialist functions.

A.3.4           Simulator Support Specialist—Level 2 means an employee who has successfully reached the level of Simulator Support Specialist—Level 1 for at least 5 years, and holds a ROW endorsement or achieves 2 endorsements (Enroute/TMA/Tower).

A.3.5           Simulator Support Specialist—Classroom Trainer means an employee who meets the criteria for Simulator Support Specialist—Level 2 and is also responsible for the development and delivery of training material for a Diploma of Aviation (Air Traffic Control).

A.3.6           Simulator Support Specialist—Supervisor means an experienced Simulator Support Specialist or Air Traffic Controller who is responsible for supervising the work of Simulator Support Specialists.

A.4              Flight Data Coordinator

A.4.1           Flight Data Coordinators process operational air traffic information and ensure the accuracy and integrity of live operational information within the national airways system.

A.4.2           Flight Data Coordinator—Trainee means an employee undertaking on the job training to become a Flight Data Coordinator.

A.4.3           Flight Data Coordinator means an employee who has successfully completed on the job training and carries out Flight Data Coordinator functions .

A.4.4           Flight Data Coordinator—Supervisor means an experienced Flight Data Coordinator who supervises a small team of Flight Data Coordinators.

A.5              Upper Air Space High Frequency

A.5.1           Upper Air Space High Frequency employees are responsible for the efficient coordination of communications between pilots and air traffic controllers in the Australian flight information region using high frequency radio or satellite communication.

A.5.2           Aviation Communications Specialist—Trainee means an employee who is undertaking on the job training to obtain appropriate regulatory endorsements

A.5.3           Aviation Communications Specialist—Journeyman mean an employee who has completed on the job training, is continuing to fully develop into the role of Aviation Communications Specialist, and performs work under close supervision.

A.5.4           Aviation Communications Specialist means an employee who has successfully obtained regulatory endorsements and exercises Upper Air Space High Frequency functions.

A.5.5           Check & Standardisation Supervisor—Upper Air Space High Frequency means an employee responsible for ensuring that Upper Air Space High Frequency employees within a particular group of operations attain and continue to retain a consistent high level of proficiency in accordance with operational objectives and regulatory requirements.

A.5.6           High Frequency Shift Manager means an experienced Upper Air Space High Frequency employee who supervises a shift of Upper Air Space High Frequency employees.

A.6              National Operations Centre

A.6.1           The National Operations Centre provides real time updates on the status of the air traffic system, aviation facilities and is the principle delivery platform for Air Traffic Flow Management, Aeronautical Information Services, business crisis and continuity management and operational reporting.

A.6.2           Traffic Management Officer—Trainee means an employee in the National Operations Centre who is undertaking on the job training to become a Traffic Management Officer.

A.6.3           Traffic Management Officer—Journeyman means an employee in the National Operations Centre who has completed their preliminary training to become a Traffic Management Officer, is continuing to fully develop into the role of Traffic Management Officer, and under close supervision provides support to both Traffic Management Officers and National Operations Centre Supervisors.

A.6.4           Traffic Management Officer means an employee in the National Operations Centre who may be required to provide data maintenance and operation of traffic management tools, pre-flight briefing services, flight plan acceptance and processing, Australian ATS Messaging system coordination and support for National Operations Centre Supervisors in the co-ordination of contingency operations.

A.6.5           Check & Standardisation Supervisor—National Operations Centre means an employee responsible for ensuring that National Operations Cetnre employees attain and continue to retain a consistent high level of proficiency in accordance with operational objectives and regulatory requirements.

A.6.6           National Operations Supervisor means an employee who manages a shift team of up to twenty staff in the National Operations Centre.

A.7              Aviation Rescue Fire Fighter

A.7.1           Aviation Rescue Fire Fighters undertake or supervise operational Aviation Rescue and Fire Fighting duties at fire stations at nominated airports. 

A.7.2           Aviation Rescue Fire Fighter—Recruit means an employee undertaking recruit training to obtain a Certificate II in Public Safety (Fire Fighting and Emergency Operations).

A.7.3           Trainee Fire Fighter—Level 1 means an employee who has successfully completed all competency units of a Certificate II in Public Safety (Fire Fighting and Emergency Operations) and is assigned a fire station and day shift duties until the employee has achieved sufficient location specific competency units to perform operational duties.

A.7.4           Trainee Fire Fighter—Level 2 means an employee who has successfully completed all location specific competency units (and relevant PTSP units) and completed at least 12 months satisfactory service as Trainee Fire Fighter—Level 1.

A.7.5           Leading Fire Fighter means an employee who has successfully completed all competency units of a Certificate III in Public Safety (Fire Fighting and Emergency Operations) and completed at least 12 months satisfactory service as Trainee Fire Fighter—Level 2.

A.7.6           Sub-Station Officer means an employee who has successfully completed all competency units of a Certificate IV in Public Safety (Fire Fighting and Emergency Operations) and completed at least 3 years satisfactory service as a Leading Fire Fighter.

A.7.7           Station Officer means an employee who has successfully completed all competency units of a Diploma in Public Safety (Fire Fighting Management) and is appointed to the classification of Station Officer.

A.7.8           Fire Commander means an employee who has successfully completed all competency units of an Advanced Diploma in Public Safety (Fire Fighting Management) and is appointed to the classification of Fire Commander.

A.8              Administrative Services

A.8.1           Administrative Services employees carry out administrative, financial, human resources, compliance, communications and legal functions.

A.8.2           Administrative Services—Level 1

(a)          Employees at this level work under close direction and undertake a combination of keyboard, clerical and other duties. The work initially requires the application of basic office skills and routines such as receiving and dealing initially with clients and members of the public; the straightforward operation of keyboard equipment; filing; photocopying; collating, collecting and distributing; carrying out routine checks by simple comparisons; simple coding; maintaining basic records; mail procedures; obtaining or providing information about straightforward matters and routine user maintenance of office equipment.

(b)          Keyboard tasks may include the keying of data containing unusual technical terms and/or non‑standard complicated tables or diagrams which demand considerable judgement about layout, and the manipulation and interpretation of data before and during entry.

A.8.3           Administrative Services—Level 2

(a)          Employees at this level usually work under general direction and the work is subject to regular checks. Detailed instruction is not always necessary and there is scope for employees to exercise initiative in applying established work practices and procedures.

(b)          This level encompasses a range or combination of operational, supervisory and administrative activities which require the application of skills and experience in office work and a general knowledge of the work to be performed.

(c)           This level may include a supervisory role involving the exercise of basic skills in personnel management and interpersonal communication.

A.8.4           Administrative Services—Level 3

(a)          Employees at this level usually work under general direction and require relevant experience combined with a broad knowledge of Airservices Australia's functions and activities and a sound knowledge of the major activity performed within the work area. Employees with supervisory responsibilities may undertake some complex operational work and may assist with, or review, the work undertaken by subordinates or team members.

(b)          Problems faced may be complex yet broadly similar to past problems. Solutions generally can be found in documented precedents, or in rules, regulations, guidelines, procedures and instructions, though these may require some interpretation and application of judgement. There is scope for exercising initiative in the application of established work practices and procedures.

A.8.5           Administrative Services—Level 4

(a)          Employees at this level usually work under general direction within clear guidelines and established work practices and priorities, in functions which require the application of knowledge, skills and techniques appropriate to the work area.

(b)          Work at this level requires a sound knowledge of program, activity, policy or service aspects of work performed within a functional element or a number of work areas. The work may cover a range of tasks associated with program, activity or service delivery to clients or other interested parties or administrative support to managers.

(c)           This is the first level where technical or professional qualifications may be required or desirable.

A.8.6           Administrative Services—Level 5

(a)          Employees at this level work under general direction in relation to established priorities, task methodology and work practices to achieve results in line with the corporate goals of Airservices.

(b)          The work may include preparing preliminary papers, drafting complex correspondence for managers, undertaking tasks of a specialist nature, assisting in the preparation of procedural guidelines, providing or interpreting information for clients or other interested parties; exercising specific process responsibilities, and overseeing and co‑ordinating the work of subordinate staff.

A.8.7           Administrative Services—Level 6

(a)          Employees at this level may manage the operations of an organisational element under limited direction. Employees at this level undertake various functions, under a wide range of conditions, to achieve a result in line with the corporate goals of Airservices. Management of a program or activity may be a feature of the work undertaken at this level. Immediate subordinate positions may include staff in technical and professional structures, in which case supervision relates to administrative purposes only. In all other circumstances, supervision may involve the exercising of technical or professional skills or judgement.

(b)          Position at this level may undertake the preparation of papers; investigate and present information with recommendations for decision by senior officers; draft responses to complex correspondence; undertake tasks of a technical nature; undertake liaison and co‑ordinating within and across functions including representing Airservices at meetings, conferences and seminars; oversee and co‑ordinate the work of other staff assisting with these tasks.

A.8.8           Administrative Services—Level 7

(a)          Employees occupying positions at this level typically are senior practitioners, managers or specialists. They undertake a variety of tasks of a complex or specific nature, either individually or as a leader of a team. Direction is provided in terms of a clear statement of overall objectives. The work is usually performed under limited direction as to how results should be achieved. The work includes the formulation of "technical" or policy advice for senior management and may involve provision of advice to senior executives in industry.

(b)          Employees in the grade would be expected to have wide experience in a field related to the operations of the work area. Specialist positions would require substantial or higher knowledge in a particular professional or technical field and the exercise of independent judgement in the resolution of complex problems or issues.

A.8.9           Administrative Services—Level 8

(a)          Employees occupying positions at this level are typically managers or specialists. They work under broad direction in terms of objectives, policy and priorities. Programs, projects, assignments or other work to be performed are generally decided by higher level management but they would have authority to decide on how to achieve end results within limits of available resources.

(b)          Employees with a predominately management role in this grade direct and control an organisational element involving a variety of functions or activities requiring considerable co‑ordination. These managers would have responsibility and accountability for the human and financial resources under their control. The management role may require leadership and direction over subordinate staff including supervisors. This would involve, for example, setting standards for and evaluating performance; interpreting policy relevant to the work area; and may involve resolving more complex problems.

(c)           Employees with a specialist role exercise a high degree of independent judgement in the resolution of complex problems or issues. They are required to provide authoritative policy advice which draws on comprehensive or in‑depth knowledge of field. Analyses, designs and interpretation of results of research or investigations represent authoritative and final professional conclusions.

A.8.10       Administrative Services—Level 9

(a)          Employees placed in this grade are characterised by:

(i)            The management of a major function or work area involving a considerable variety of activities, extensive co‑ordination, and unusually significant responsibilities for human/financial resources,

(ii)          Co‑ordination of projects involving unusually large numbers of professional staff and accountability for associated human and financial resources,

(iii)        Responsibility for initiating, planning, and conducting research projects of considerable breadth which contribute significantly to the development of Airservices policy or are highly complex in terms of problem‑definition and methodology,

(iv)        For specialists there is a requirement for a high degree of originality and analytical and conceptual skills in the resolution of particularly complex "technical" or policy issues. The work requires expert knowledge in a professional or "technical" field and in most cases a comprehensive knowledge of relevant legislation and policies. In some circumstances, specialists would also have a management and/or co‑ordination role. The work requires constant adaptation of existing principles to new and unusual problems and involve frequent changes in policy, program or technological requirements.

A.9              Technology Professional

A.9.1           Technology Professionals carry out professional work relating to the exercise of engineering or other technical functions, and possess a degree or diploma from an Australian tertiary institution, a comparable qualification, or demonstration of equivalent knowledge gained through on-the-job training and experience which leads to eligibility for membership of, or registration by, a professional body which is appropriate to the duties of the office.

A.9.2           Technology Professional—Level 1 means an employee who performs work under general direction.  Employees at this level may be entry-level graduates with a professional degree, or may alternatively possess a diploma or advanced diploma or equivalent knowledge gained through on-the-job training, with extensive experience.

A.9.3           Technology Professional—Level 2 means an experienced employee who can apply professional standards, education and training, and adapt techniques or processes to new situations.  Employees at this level have a demonstrated capacity for working under limited direction on technical, operational and administrative matters, and require guidance from higher level professional staff only for those aspects of the work which require new and sophisticated techniques, or relate to areas outside the work role's normal span of activity.

A.9.4           Technology Professional—Level 3 means an employee with advanced skills and experience in recognised professional discipline, or specialist expertise within a professional sub-group of a discipline, and will have many years' experience in an area, or post-graduate or multiple tertiary qualifications.  Employees at this level may require a limited degree of guidance and monitoring in relation to technical and procedural issues, but usually work independently.

A.9.5           Technology Professional—Level 4 means an expert employee with advanced skills in a recognised professional discipline and extensive experience.  Employees at this level have a demonstrated capacity for leading teams, and may be required to manage significant projects.

A.10         Technical Employee

A.10.1       Technical Employees carry out work engineering and technical work as tradespersons, technicians or technical specialists, or supervise and manage the performance of such work.

A.10.2       Technical Employee—Level 1 means an employee who is undertaking vocational training or undergoing an apprenticeship to obtain an appropriate trade or technical qualification.  Employees at this level include trades apprentices, trainee technical officers, and trades assistants.

A.10.3       Technical Employee—Level 2 means an employee who has successfully obtained an appropriate trade or technical qualification or has demonstrated experience working as an assistant.  Employees at this level work under general direction and include junior tradespersons, graduate technicians and technical assistants.

A.10.4       Technical Employee—Level 3 means an experienced employee who performs a variety of duties that involve different and unrelated processes and prescribed procedures relevant to the employee's field of expertise.  The employee works under limited direction, but seeks clarification regarding situations outside the employee's known work parameters.  Employees at this level include senior tradespersons and mature technicians.

A.10.5       Technical Employee—Level 4 means an experienced employee who works across multiple systems or domains.  The employee has only a limited need for technical guidance and may be expected to act as a workplace assessor or provide coaching and mentoring to other employees. Employees at this level include trades subject matter experts and senior technicians.

A.10.6       Technical Employee—Level 5 means an employee who evaluates and solves technical and operational problems and develops improvements to the delivery of technical and engineering functions.  The employee may be expected to decide the allocation of resources to assigned work, manage the work performance of a team and authorise expenditure (within delegations).  Employees at this level include team leads and recognised technical specialists. 

A.10.7       Technical Employee—Level 6 means an employee exercising leadership responsibilities for the delivery of technical and engineering functions.  The employee may be expected to manage a team of 10-20 employees, across a number of sites and work areas, and manage relationships with external suppliers and service providers.  Employees at this level are usually team leaders.

A.10.8       Technical Employee—Level 7 means an employee with a significant service accountability or leadership role for the delivery of technical and engineering functions.  The employee makes decisions which affect service to the whole national airways system, and provides advice on the nature of impact on service of a failure or works plan.

Schedule B—Summary of Hourly Rates of Pay

B.1                 Interaction with allowances

Where an additional allowance will be included when calculating an employee’s ordinary hourly rate, that allowance must be added to the employee's ordinary rate prior to calculating penalties and overtime.

B.2                 Full-time and part-time employees – day workers – ordinary rates