ORDER

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

Community and Public Sector Union (CPSU) and another
(EM2013/54)

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION (ANSTO) ENTERPRISE AWARD 2016
[MA000144]

Enterprise instrument modernisation – modern enterprise award made – Australian Nuclear Science and Technology Organisation (ANSTO) 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 provided by the Commission on 24 July 2016, the following modern enterprise award is made:

Australian Nuclear Science and Technology Organisation (ANSTO) Enterprise Award 2016

2. The award is attached.

3. The Australian Nuclear Science and Technology Organisation (General) Award 2000 [AP765755] 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 19 August 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J>

ANSTO Enterprise Award 2016

Table of Contents

Part 1— Application and Operation 3
1. Title and Commencement 3
2. The National Employment Standards and this award 3
3. Coverage 3
4. Award flexibility 4
5. Facilitative provisions 5
Part 2— Types of Employment and Termination of Employment 6
6. Types of employment 6
7. Classifications 9
Part 3— Hours of Work 9
8. Ordinary hours of work and rostering 9
9. Breaks 13
Part 4— Wages and Allowances 13
10. Minimum wages 13
11. Allowances 16
12. Superannuation 18
Part 5— Penalties and Overtime 18
13. Penalty rates - Shiftworkers 18
14. Overtime 19
Part 6— Leave and Public Holidays 24
15. Annual leave 24
16. Personal/carer’s leave 26
17. Compassionate leave 28
18. Parental leave and maternity leave 29
19. War service sick leave 31
20. Community service leave 32
21. Public holidays 33
22. Termination of employment 33
23. Redundancy 34
Part 7— Consultation and Dispute Resolution 36
24. Consultation regarding major workplace change 36
25. Dispute resolution 38
Schedule A —Classification Descriptions 40
Schedule B — Summary of Hourly Rates of Pay 41
Schedule C — Summary of Monetary Allowances 48
Schedule D —Supported Wage System 49
Schedule E —National Training Wage 52
Schedule F —Definitions 62

Part 1—Application and Operation

1. Title and Commencement

1.1 This award is the Australian Nuclear Science and Technology Organisation (ANSTO) Enterprise Award 2016.

1.2 This award commences on 19 August 2016.

1.3 This award supersedes the Australian Nuclear Science and Technology Organisation (General) Award 2000. The replacement of the predecessor award by this award does not affect any right or liability that a person acquired, accrued or incurred under the predecessor award.

1.4 Schedule F—Definitions sets out the definitions that apply in this award.

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

1. The National Employment Standards and this award

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

1.2 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply.

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

1.4 The NES will continue to apply to the extent that any term of this award is detrimental in any respect when compared with the NES.

1. Coverage

1.1 Employer and Employees

(a) The enterprise to which this modern award relates is the enterprise that constitutes the Australian Nuclear Science and Technology Organisation (ANSTO) 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 executive employee on the ANSTO Standing Executive Committee.

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

1. Award flexibility

1.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer 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.

1.2 The employer 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.

1.3 The agreement between the employer 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 than the employee would have been if no individual flexibility agreement had been agreed to.

1.4 The agreement between the employer and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the employer 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 the employer and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the employer 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.

1.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

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

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

1.8 The agreement may be terminated:

(a) by the employer 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 the employer and the individual employee.

Note: If any of the requirements of section 144(4) of the Fair Work Act, 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 Fair Work Act).

1.9 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 an employer and an individual employee contained in any other term of this award.

1. Facilitative provisions

1.1 This award also contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in clause 5.3.

1.2 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.

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

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

(a) where it is proposed to use the facilitative provisions in clauses 8.3(c), 8.4(a), 8.5(a), 8.6 and 8.9, the relevant union(s) will be given a reasonable opportunity to represent affected members in discussions regarding the matter the subject of the facilitative provisions.

Part 2—Types of Employment and Termination of Employment

1. Types of employment

1.1 ANSTO will engage employees in accordance with the provisions of s.24 of the Act, subject to provisions of this award in the following employment categories:

(a) Temporary, engaged for monthly periods up to a maximum period of twelve months.

(b) Part-time, an employee who works specified daily hours for less than 36.75 hours per week.

(c) Term, engaged for a fixed term for not less than one year and not more than three years.

(d) Continuing, an employee who is engaged for an indefinite term.

(e) Apprentices, engaged subject to the term of their indentures.

1.2 Probation

(a) A new continuing or fixed term employee will normally be required to complete a minimum period of probation of six months duration. This term may be extended or reduced by management, subject to a maximum period of probation of one year, or a maximum period of three years in the case of a person with permanent residence status awaiting naturalisation as an Australian citizen.

(b) Management may dispense with the services of an employee appointed on probation at any time during the period of probation.

(c) Persons engaged as apprentices will be on probation for six months, however this time will count as part of the period of apprenticeship. In exceptional circumstances the probationary period may be extended to one year. No separate period of probation will be required where an apprentice is a successful applicant for an advertised position, provided there is continuity of employment.

1.3 Part-time employees

(a) ANSTO may employ part-time employees in any classification in this award.

(b) A part-time employee is an employee who:

(i) has specified hours of work; and

(ii) works less than ordinary hours of duty (36.75 hours) per week during normal hours, unless the part-time employee is a shiftworker, with a minimum attendance of three hours per day or per shift;

(iii) receives on a pro rata basis, equivalent pay and conditions to those of full-time employees of equivalent classification; and

(iv) in relation to expense related allowances and loadings is entitled to those allowances/loadings as if the employee were a full-time employee.

(c) At the time of engagement or initiation of part-time work, management and the part-time employee will agree in writing, on a regular pattern of work, specifying the hours worked each day, the days of the week the employee will work, the actual starting and finishing times each day, and the agreed period (duration) of the part-time work. For employees moving from full-time to part-time work, that written agreement will also specify the terms under which the person may revert to full-time employment.

(d) Nothing in this clause prevents an employee who converts to part-time employment, retaining the right to return to full-time employment at the expiry of their part-time period.

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

(f) Subject to prior approval, all time worked in excess of the hours as mutually arranged will be treated as overtime and paid at the rates prescribed in the overtime clause of this award.

(g) A part-time employee employed under the provisions of this clause will be paid for ordinary hours worked at the hourly rate prescribed for that classification.

(h) No pressure will be exerted on a full-time employee to convert to part-time employment or to transfer to another position to make way for a part-time employee.

1.4 Apprentices

(a) General

(i) ANSTO may employ persons as apprentices (including adult apprentices, aged 21 or over) in accordance with the needs of ANSTO. The indentures will be in accordance with the Apprenticeships and Traineeships Act 2001 (NSW) or Vocational Training Orders issued under provisions of that Act, provided that those provisions are not inconsistent with this award.

● The Commissioner for Vocational Training will have the power to cancel or suspend Indentures of Apprenticeship.
● The redundancy provisions at clause 23, of this award will not apply to a person engaged as an apprentice.

(ii) ANSTO will not engage school-based apprentices, nor individuals who have not completed high school.

(b) Period of apprenticeship

(i) The period of apprenticeship will normally be for a period of four years provided that where the applicant for apprenticeship has prior acceptable theoretical training or practical experience, ANSTO may advance that applicant by a period of time, which recognizes the extent of that practical experience or theoretical training.

(c) Wage rates

(i) The salary for a junior apprentice will be an amount equal to the undermentioned relevant percentage of the salary prescribed in 10.1 for a Craftsperson Level 4.

1st Year of Service	60%
2nd Year of Service	70%
3rd Year of Service	81%
4th Year of Service	91%

(ii) The salary for an adult apprentice will be the rate prescribed for a Craftsperson Level 3 in clause 10.1. An existing employee indentured as an adult apprentice will suffer no loss of pay as a consequence of that indenture.

(d) Lost time

(i) ANSTO may withhold the advancement of an apprentice where, because of unauthorised absence, leave not to count as service or other reason, that apprentice has given service on fewer days in a calendar year than the number of days service required under his or her apprenticeship agreement.

(ii) In calculating the additional time to be served the apprentice will be credited with time which he or she has worked during the relevant year in excess of ordinary hours

(e) Attendance at technical and further education (TAFE) colleges

(i) Apprentices are required to attend an approved course at a TAFE college and to maintain standards of performance, which meet the requirements of the relevant college or school.

(ii) An apprentice attending an approved course at a TAFE college and presenting reports of satisfactory conduct and progress will be reimbursed all fees paid by the apprentice.

(f) Paid while training

(i) Apprentices will undertake the above mentioned courses without loss of pay

1. Classifications

1.1 A description of the classifications under this award is set out Schedule A– Classification Definitions.

1.2 Performance of duties

(a) ANSTO may direct an employee to carry out such duties as are within the limits of the employee’s skills, competence and training, and which are consistent with ANSTO’s occupational health and safety policies and directives. In performing their duties, employees will perform tasks, undertake roles or assume responsibilities which are within the standard for their work level, and/or which are peripheral or incidental to the main tasks, roles or responsibilities which they perform or assume.

Part 3—Hours of Work

1. Ordinary hours of work and rostering

1.1 Day work

(a) The ordinary hours of duty for all persons other than shiftworkers or part-time employees, or employees required to work a nine day fortnight are 36.75 per week, or an average of 36.75 hours per week.

(b) The ordinary hours of duty will be based on a standard day of 7 hours and 21 minutes worked between the hours of 8.45 a.m. and 4.56 p.m. Monday to Friday, inclusive.

(c) This clause will be read in conjunction with clause 8.9.

(d) Staff above the overtime barrier are exempt from a formal requirement to record attendance times.

1.2 Shiftwork

(a) The ordinary hours of work for shiftworkers will be 36.75 hours per week, to be worked on one of the following bases:

(i) up to 36.75 hours within a period not exceeding seven consecutive days; or

(ii) up to 73.50 hours within a period not exceeding fourteen consecutive days; or

(iii) up to 147 hours within a period not exceeding 28 consecutive days.

(b) The ordinary hours for each shift will normally be worked continuously, except for meal breaks, the times of which will be agreed with management. An employee will not be required to work for more than five hours without a break for a meal. Except at regular changeover of shifts an employee will not be required to work more than one shift in each 24 hours.

1.3 Shift rosters

(a) Management will consult with the relevant affected employees prior to the introduction of shiftwork, the arrangement of shift cycles and/or the rearrangement of shift cycles, subject to clause 5 (Facilitative provisions).

(b) Shift rosters will specify the commencing and finishing times of ordinary hours of the respective shifts.

(c) The times of commencing and finishing shifts set out in a shift roster may be varied after consultation between management and the affected staff.

(d) In the absence of agreement regarding the variation of commencing and finishing times of a shift, management will give seven days' notice of proposed changes to employees concerned.

1.4 Ten hour shifts

(a) Shifts exceeding ten hours in duration will be implemented following agreement with a majority of affected employees employed in the relevant area, subject to clause 5 (Facilitative provisions).

1.5 Averaging of shift payments

(a) Average pay arrangements for shiftworkers will be implemented following agreement between ANSTO and a majority of affected employees employed in the relevant area, subject to clause 5 (Facilitative provisions).

(b) Such an arrangement provides that all payments normally made to shiftworkers including salary, will be totalled on a per annum basis and subsequently averaged on a fortnightly basis for the purposes of payment.

1.6 Nine day fortnight

(a) The ordinary hours of duty for all employees required to work a nine day fortnight will be 73.50 hours over nine days per two week period. Standard hours will be eight hours ten minutes per day, worked between 7.00 a.m. and 7.00 p.m. Start and finish times and rostered days off will be determined in consultation and with the approval of management.

(b) Nine day fortnight arrangements will be implemented following agreement with a majority of affected employees employed in the relevant area(s), subject to clause 5 (Facilitative provisions).

1.7 Apprentices

The ordinary hours of employment of an apprentice will be 36.75 hours per week.

1.8 Span of hours

(a) Except as provided for in clause 8.9(k):

(i) the bandwidth will not exceed ten hours;

(ii) the bandwidth will commence at 8.00 a.m. and will conclude at 6.00 p.m.

(b) Except as provided for under clause 8.9(k), core time will be between the hours of 9.30 am and 12.00 noon and 2.00 pm and 3.45 pm.

1.9 Flexible working hours

(a) Application of flextime

Flexible work hours (flextime) will operate at ANSTO subject to the provisions of this clause.

(b) Employees not covered by flextime arrangements

(i) This clause does not apply to part-time employees, shiftworkers, employees above the overtime barrier, and employees required to work a nine day fortnight (clause 8.6 refers).

(ii) Where pressing management or operational requirements exist, management may require one or more persons to revert to the hours of a standard day for a period determined by management.

(iii) The relevant union(s) is to be given a reasonable opportunity to represent any affected member(s) in discussions regarding the arrangements.

(iv) Where an employee has failed to comply with the provisions of flextime, management may remove that officer or employee from flextime for a specified period and that officer will revert to working the hours of a standard day.

(c) Management of flextime

(i) Normal times of commencement and cessation of duty, including meal breaks, will be subject to agreement between the supervisor and the employee.

(ii) An employee’s attendance outside the hours of a standard day will be subject to the availability of work, and the general or specific approval of the supervisor.

(d) Flextime—interaction with leave

Periods of approved leave will be counted as flex credits as if the hours of the standard day had been worked during the approved absence.

(e) Carry over

Except as provided for under clause 8.9(k):

(i) a person may carry over a maximum of 14 hours 42 minutes flex credit accumulated in any settlement period into the next settlement period;

(ii) a person may carry over a maximum of 7 hours 21 minutes flex debit accumulated in any settlement period into the next settlement period.

(f) Flex credits and debits

(i) Where a person has accumulated in excess of the maximum flex debit at the end of a settlement period, the excess hours will be deemed leave without pay.

(ii) Where a person has accumulated in excess of the maximum flex credit at the end of a settlement period, management will approve flex leave in the following settlement period so that his or her credit is less than 14 hours 42 minutes at the end of that settlement period.

(g) Flextime—interaction with cessation of employment

Where a person has a flex credit or debit at the time of ceasing employment, the date and time of cessation will be adjusted to eliminate any such debit or credit.

(h) Settlement period

Except as provided for under clause 8.9(k), the settlement period for flextime will be a fixed period of ten working days (including public holidays) coinciding with the fortnightly pay period.

(i) Core time leave

(i) A person may with the supervisor’s approval take core time leave provided it does not exceed the core time for a single day in any settlement period. Core time leave may be used for a full day absence or part day absences during the settlement period.

(ii) Except as provided for under clause 8.9(c), core time leave will not be approved if it causes a flex debit in excess of 7 hours 21 minutes unless the person and the supervisor agree that it will be reduced to less than 7 hours 21 minutes by the end of the settlement period.

(j) Meal Breaks

(i) A person should take a meal break of not less than 30 minutes and not greater than two hours, no later than five hours after commencing duty, and at least 30 minutes prior to the end of the flexible period between 12.00 noon and 2.00 p.m. The meal period should be within the flexible period between 12.00 noon and 2.00 pm.

(k) Local agreements

(i) The Executive Director or delegated management, union representatives and a majority of employees in a work area or areas may enter into local agreements on the operation of flextime.

(ii) The agreement reached will be recorded in the time and wages records kept by management in accordance with Fair Work Regulations.

1. Breaks

1.1 Unpaid meal breaks
An employee will not be required to work for more than five hours without a break for a meal.
Part 4—Wages and Allowances

1. Minimum wages

1.1 An employer must pay adult employees the following minimum wages for ordinary hours worked by the employee (not including penalties and allowances):

See Schedule B—Summary of hourly rates of pay for a summary of rates of pay, including overtime and penalties.

1.2 Junior rates of pay
Juniors are employees who are younger than 21 years of age and who are employed in the classifications of:

● Administrative Service Officer Class 1;
● Craftspersons Level 1;
● Craftspersons Level 2;
● Technical Grade 1;

They will be paid an annual salary calculated, to the nearest dollar, by applying the percentages specified below, to the salary prescribed in clause 10.1 for the relevant classification.

1.3 Payment of wages
Employees will be paid fortnightly.
1.4 Formula
The fortnightly rate of pay will be ascertained by applying the following formula:

1. Allowances

1.1 Eligibility for allowances

(a) Allowances set out in clause 11 will apply to all eligible employees, unless otherwise specified.

(b) Unless otherwise specified in clause 11 allowances:

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

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

1.2 Electrician’s licence

A tradesperson required to carry out work for which an electricians’ licence is necessary, and who holds a licence issued by the appropriate authority to perform all classes of electrical wiring work, will receive an allowance of $23.13 per week.

1.3 Plumber’s licence

A tradesperson who is, or who may be required by management to act on a Plumber’s licence during the course of his or her employment, will be paid an additional $1.54 per hour. Act on a licence, means signing of notices and assuming responsibility to relevant Authorities.

1.4 Overtime meal allowance

(a) Paid meal break

An employee who either:

(i) works extra duty after the end of ordinary duty for the day, to the completion of, or beyond a meal allowance period; or

(ii) is required to perform duty before the commencement of ordinary hours of duty, who breaks for a meal; or is required to perform duty on a Saturday, Sunday or public holiday, in addition to the employee’s normal weekly hours of duty, extending beyond a meal break

will be paid a meal allowance of $29.16 for each such meal break period irrespective of any entitlement to an overtime payment provided that the 30 minute meal break is unpaid.

(b) No meal break

Where an employee who works extra duty (as described above) but does not take a break for a meal, that employee will be paid the meal allowance in addition to any overtime.

1.5 On call

(a) An employee required to be available on call to perform extra duty will be paid a flat rate of $27.12 for each night or day and night during which the on call requirement applies.

(b) Where an employee who is rostered on call is recalled to perform overtime duty, that duty will be paid in accordance with the relevant overtime provisions of this award.

1.6 Travel

(a) Employees travelling on official business will be paid travel allowance as published by ANSTO and varied from time to time.

(b) In the case of costs incurred by an employee as a result of travelling on ANSTO business away from the usual place of employment, the employee will be entitled to advance payment of travelling allowance to defray costs.

(c) This clause does not apply to travel to and from the usual place of work.

1.7 Reimbursement of costs

(a) Subject to any specific entitlements prescribed in this award, ANSTO will reimburse any cost necessarily incurred by an employee in the course of the employee’s employment or on behalf of ANSTO.

(b) In all cases management will require substantiation of costs.

1.8 Excess travelling time

(a) Where an employee is required to travel to, or perform duty, at another place of work payment at single time rates will be made for that travel where it is in excess of the normal travel undertaken by the employee involved.

(b) Payment will not be made unless the excess time exceeds:

(i) one half hour in any one day; or

(ii) a total of three hours in any pay period in the case of an employee who performs rostered ordinary duty on six days of the week; or

(iii) a total of two and one-half hours in any pay period in the case of a normal day worker.

(c) Payment will not be made for more than five hours in any one day.

(d) Employees in receipt of salary greater than the maximum of Technical Officer Level 2 are not entitled to payment.

1. Superannuation

1.1 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.

1.2 Employer contributions

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

1.3 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 12.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 12.2 to one of the following superannuation funds or its successor:

(a) Public Service Superannuation Accumulation Plan;

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

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

Part 5—Penalties and Overtime

1. Penalty rates - Shiftworkers

1.1 Subject to this award, management may require employees, including part-time employees to work shiftwork. The following penalty rates will apply:

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

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

1.3 Payment

(a) These payments will not be taken into account in the calculation of overtime, or in the determination of any allowance based upon salary. Further, these payments will not be paid with respect to any shift for which any other form of penalty payment is made under this, or any other award, determination or agreement. The period for which payments prescribed by this clause will be paid, will be calculated to the nearest quarter of an hour of the total amount to be claimed in each fortnightly period.

(b) Shiftwork related payments will be calculated to the nearest quarter of an hour of the total period claimed in any one fortnight.

1. Overtime

1.1 Subject to clause 14.2 an employer may require an employee to work reasonable overtime at overtime rates.

1.2 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

(a) any risk to employee health and safety;

(b) the employee's personal circumstances including any family responsibilities;

(c) the needs of the workplace or enterprise;

(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(e) any other relevant matter.

1.3 Payment of overtime duty at overtime rates will be subject to the following conditions:

(a) overtime worked will be authorised in advance by management to meet the needs of ANSTO;

(b) the employee’s base salary must be below the overtime barrier;

(c) the occupants of positions with a minimum salary exceeding the overtime barrier will not be eligible to receive overtime payment, except with the approval of the Executive Director;

(d) an employee’s base salary will be used for calculation of overtime payments;

(e) overtime payments will be calculated to the nearest quarter of an hour on the total overtime hours worked with each overtime period standing alone; and

(f) the hourly rate paid for overtime will be calculated on the basis that ordinary hours of work per week are 38.

1.4 Definition of overtime – employees other than shiftworkers

(a) Full-time employees

Work will be considered overtime for a full-time employee where the employee is directed to perform work:

(i) Monday to Friday, outside the bandwidth of 8:00 am to 6:00 pm;

(ii) on Saturday, Sunday or Public Holiday; or

(iii) in excess of 36.75 hours per week,

(iv) Monday to Friday in excess of 7 hours and 21 minutes or the employees rostered hours on that day.

(b) Part-time employees

In addition to the circumstances identified in clause 14.4 (i) and (ii), work will also be considered overtime for a part-time employee where the employee is directed to work extra time beyond their agreed daily number of hours.

1.5 Overtime rates – employees other than shiftworkers

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

For overtime worked on	Overtime time rate
Monday to Saturday – first 3 hours	150%
Monday to Saturday – after 3 hours	200%
Sunday all day	200%
Public Holiday all day	250%

1.6 Sunday – time off in lieu as an alternative for employees other than shiftworkers
An employee who has been required to perform Sunday overtime extending over a period equivalent to a standard day, may choose, in consultation and with the approval of management, to be granted a day off with pay during the six days succeeding that Sunday (or as soon as practicable thereafter). In such a case, payment for the Sunday attendance will be at the ordinary rate. This provision does not apply to part-time employees.
1.7 Definition of overtime – shiftworkers

(a) Full-time employees

Work will be considered overtime for a full-time shiftworker where the shiftworker is directed to perform work:

(i) on any day which is outside the normal rostered ordinary hours of duty on that day; or

(ii) 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) Part-time employees

Work will be considered overtime for a part-time shiftworker where the employee is directed to perform work:

(i) on any day which is outside the normal rostered ordinary hours of duty on that day; or

(ii) in excess of the employee's agreed ordinary hours of work under clause 6.3(f).

1.8 Overtime rates - shiftworkers
Where a shiftworker works overtime, ANSTO must pay to the employee the overtime rates as follows:

For overtime worked on	Overtime time rate
Monday to Friday – first 3 hours	150%
Monday to Friday – after 3 hours	200%
Saturday and Sunday all day	200%
Public Holiday all day	250%

1.9 Sunday – time off in lieu as an alternative for shiftworkers
An employee who has been required to perform Sunday overtime extending over a period equivalent to a standard day, may choose, in consultation and with the approval of management, to be granted a day off with pay during the six days succeeding that Sunday (or as soon as practicable thereafter). In such a case, payment for the Sunday attendance will be at the ordinary rate.
1.10 Public holiday payment

(a) Employees (including part-time employees) will be paid a minimum payment of four hours where they work for a short period (less than four hours) at any time on a public holiday.

(b) Where an employee attends for work for more than one “short period”, the minimum payment (four hours) will be paid for each separate attendance. However, an employee cannot receive a payment for a period greater than the total hours covered from the start of the first attendance to the cessation of the last attendance on the day in question.

(c) Employees who are on call will be subject to a minimum payment of three hours, instead of four hours specified above. Overtime payments for employees who are on call are specified in clause 14.13.

(d) For the purposes of this clause:

(i) duty broken by a meal period does not constitute more than one attendance;

(ii) the minimum payment will not apply to rostered duty (shiftwork) where it extends into a public holiday.

1.11 Rest pause
An employee will be permitted a rest pause of eight consecutive hours, plus reasonable travelling time, between cessation of duty on one day and commencement of ordinary hours duty on the following day. Where no such rest pause is provided, management will either:

(a) release the person from ordinary duty without reduction in salary until such time as he or she has had eight hours rest pause, and reasonable travelling time in addition; or

(b) pay the employee at a rate of double time until such time as he or she can be released from duty for the required rest pause of eight hours plus reasonable travelling time.

1.12 Minimum payment

(a) The minimum overtime payment for each separate overtime attendance will be four hours at the prescribed overtime rate, where such duty is not continuous with ordinary duty.

(b) Duty broken by a meal period does not constitute more than one attendance.

(c) Where an overtime attendance is not continuous with ordinary duty and involves continuous duty both before and after midnight, that duty is treated as one attendance. Under such a circumstance, the employee will be paid either the minimum payment of four hours or where greater than four hours, the total hours overtime worked. Where a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.

1.13 Minimum payment for employees on call

(a) On call is a situation where an employee may be advised prior to ceasing duty, that he or she may be required to attend for extra duty some time before his or her next normal time of commencing duty. The employee is to be on call and available to return to duty without delay, or within a reasonable time of being recalled.

(b) The provisions of this clause will apply to overtime duty performed by employees covered by an on call restriction (clause 11.5 refers); provided that:

(i) the minimum overtime payment payable will be for three hours (in lieu of four hours) as prescribed above; and

(ii) where an employee attends for work for more than one “short period”, the minimum payment (three hours) will be paid for each separate attendance. However, an employee cannot receive a payment for a period greater than the total hours covered from the start of the first attendance to the cessation of the last attendance on the day in question;

(iii) duty broken by a meal period does not constitute more than one attendance.

1.14 Emergency duty

(a) Emergency duty refers to a circumstance where an employee is called to duty to meet an emergency at a time when that employee would not ordinarily have been on duty, and no notice of the requirement was given to the employee prior to his or her last ceasing ordinary duty.

(b) Employees who perform emergency duty will be paid at the rate of double time for performing that duty. The time for which payment is made will include time necessarily spent in travelling to and from duty. The minimum payment for emergency duty will be two hours at double time.

(c) Where an employee undertakes emergency duty, that employee may be relieved of duty on his or her next period of ordinary duty under the following conditions:

(i) the period of rest is without reduction in salary;

(ii) the rest period does not exceed the number of hours of emergency duty worked where the duration of the emergency duty (excluding travelling time) is less than three hours;

(iii) irrespective of duration, a period of rest does not extend into a second period of rostered ordinary duty.

(d) Where an employee undertakes emergency duty of at least three hours duration (excluding travelling time), that person will be entitled to a rest pause of at least eight consecutive hours and reasonable travelling time in addition under the provisions of clause 14.11.

(e) Payment will not be made for emergency duty where a person’s ordinary hours of duty are varied in accordance with this award to meet an emergency.

(f) Where a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.

Part 6—Leave and Public Holidays

1. Annual leave

1.1 Annual leave is provided for in the NES. These provisions supplement the NES.

1.2 General

(a) The accrual of annual leave is on a cumulative basis subject to the deeming arrangements in clause 15.5.

(b) Annual leave will count as service for all purposes.

1.3 Shiftwork employees—additional leave

(a) Shiftworkers will be entitled to an additional half a day paid leave for each Sunday or public holiday worked, up to a maximum of five days for each calendar year. A rostered overtime shift of three hours or more commencing or ceasing on a Sunday will count in the calculation.

(b) Where a shiftworker accrues additional leave by the performance of duty on Sundays, that additional leave will be granted on the basis that a day means a shift.

(c) Shiftworkers who are part-time shiftworkers will be entitled to the above additional leave calculated on a pro rata basis.

1.4 Reduction in credits
Absences which do not count for service totalling more than 22 working days per calendar year, reduce the next annual leave credit by 1.75 days for each 22 working days absent.
1.5 Excess credits – deeming
Where an employee has an annual leave credit of more than eight weeks on 1 April in any calendar year, that employee will be granted leave of absence for recreation commencing on April 1 in that year for a period that would reduce the unused annual leave credit to a total of eight weeks.
1.6 Death in office
Where an employee dies with a credit of annual leave, ANSTO will make a payment in lieu for any outstanding recreation leave credits to the dependents of the employee or to the employee’s estate.
1.7 Anticipation of credits
Subject to agreement between ANSTO and the employee, an employee may access annual leave in advance of the employee becoming entitled to the leave. Where an employee ceases employment with a negative annual leave balance, ANSTO will recover such amounts as are owing.
1.8 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 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.

1.9 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 15.9.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 15.9.

(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 15.9 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 15.9 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 15.9 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 15.9.

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 15.9.

1. Personal/carer’s leave

1.1 Personal/carer’s leave is provided for in the NES. These provisions supplement the NES. Personal/carer’s leave entitlements are at full pay.

1.2 In addition to the NES entitlement, employees are entitled to 5 days leave at full pay on engagement as an ongoing employee and on completion of each 12 month period of service provided that where the NES is more beneficial to an employee the more beneficial NES entitlement will apply.

1.3 For the purpose of the NES, immediate family or household member additionally includes a former de facto spouse.

1.4 Notice and evidence requirements
An employee may be granted personal/carers leave with pay (as per 16.1 and 16.2) subject to available credits, without production of evidence that would satisfy a reasonable person the leave is taken for the purpose of personal/carers leave, to the extent of five days in any leave year. No more than three consecutive days may be taken without evidence.
1.5 Leave without pay
ANSTO may grant personal/carers leave without pay, where paid personal/carers leave credits are exhausted. In exceptional circumstances and at the employee’s request, an employee may be granted leave without pay while paid personal/carers leave credits remain.
1.6 Effect of leave without pay
Absences which do not count for service totalling more than 30 calendar days defer the next accrual by one day for each day’s absence.
1.7 Interaction with workers’ compensation
An employee in receipt of compensation for more than 45 weeks, will accrue leave on the basis of hours actually worked.
1.8 Interaction with maternity leave
An employee will not be entitled to personal/carers leave while also entitled to paid leave under the Maternity Leave (Commonwealth Employees) Act 1973.
1.9 Effect on annual leave
If an employee is entitled to take personal/carers while on annual leave for one day or longer and production of evidence that would satisfy a reasonable person the leave is taken for the purpose of personal/carers leave, he/she may apply for personal/carers leave. If granted, annual leave will be re-credited to the extent of the period of personal/carers leave granted.
1.10 Anticipation of personal/carers leave
The Executive Director may allow an employee, in the first ten years of service, when an employee is medically unfit for duty, to anticipate one year’s personal/carers leave accrual where full pay credits are exhausted.
1.11 Invalidity
An employee will not, without the employee’s consent, be retired on invalidity grounds before the employee’s full pay personal/carers leave credit has expired. An employee will not receive a further credit of personal/carers leave after the date on which it is decided that the employee is to retire on the grounds of invalidity.
1.12 Temporary employees

(a) Entitlement

Temporary employees will be granted general leave with full pay on the following basis during the first year of continuous service, in lieu of the entitlement to personal/carers leave.

(b) Temporary employees who are returned soldiers

After completion of 22 days’ service, four days will accrue, with a further one day accruing for each 22 days service in respect of which no general leave with pay has previously been granted:

(i) provided that the period of paid sick leave for personal injury or illness will not exceed ten days;

(ii) provided that the period of general leave with pay which may be granted under this paragraph will not exceed thirteen days; and

(iii) up to five days of the general leave granted may be used for carer’s leave purposes.

(c) Other temporary employees

After completion of 44 days service, five days will accrue, with a further one day accruing for each 22 days service in respect of which no personal/carers leave with pay has been previously granted:

(d) Entitlement to bereavement leave and sick leave without pay

(i) A temporary employee is entitled to bereavement leave.

(ii) In addition to leave, which may be granted under 16.12(a), temporary employees may, during the first twelve months of continuous service, be granted sick leave without pay for a total of no more than 20 days

(e) Temporary employees - credits after twelve months service

Temporary employees will be granted personal/carers leave with pay on the following basis on completion of twelve months continuous service, in lieu of the provisions of clauses 16.2 and 16.12(a):

(i) a leave credit of 23 days on full pay, less any leave with pay granted under clause 16.12(a) and twenty days half pay leave credit for absences due to personal illness or injury.

(ii) where a temporary employee converts to continuing or fixed term employment, any accumulated credits will be retained.

(f) Subsequent credits

General leave in subsequent years will be accessed under clause 16.2 of this award.

(g) Continuous service

For the purpose of clause 16.12(e), service will be deemed to be continuous where in a period of fourteen months, there is employment for not less than twelve months service and any breaks in employment have been due to the requirements of ANSTO.

(h) Ineligible to anticipate

Temporary employees will not be entitled to anticipate general leave.

1. Compassionate leave

1.1 Compassionate leave is provided for in the NES. These provisions supplement the NES.

1.2 Employees who are entitled to paid compassionate leave under the NES are entitled to an additional one day paid compassionate leave per occasion.

1. Parental leave and maternity leave

1.1 Parental Leave

Parental leave is provided by the NES. These provisions supplement the NES.

1.2 Maternity leave

(a) Application

Maternity leave will apply to employees covered by this award, to provide a measure of employment protection to employees in ANSTO employment who become pregnant, to safeguard the health of the mother in the period before and after confinement and to enable an employee to be absent for child care. Confinement for the purposes of maternity leave is defined in relation to a female employee, who has become pregnant, as the birth of a child, or other termination of the pregnancy, that occurs not earlier than 20 weeks before the expected date of birth of the child.
For the purposes of this clause, the Act means the Maternity Leave (Commonwealth Employees) Act 1973.

(b) Dates and duration of leave

An employee may apply to ANSTO to alter the dates and/or the duration of an absence at any time provided the conditions in clause 18.2(f) are observed and the maximum absence is not exceeded.

(c) Entitlement

An eligible employee will be entitled to up to twelve weeks paid leave.

(d) Rate of pay

The rate of pay for the period of paid absence will be calculated as for paid personal leave on full pay.

(e) Eligibility

To be eligible to receive paid maternity leave, an employee must have twelve months’ continuous service either:

(i) under the Act; or

(ii) with an authority prescribed by the Maternity Leave Regulations; or

(iii) as a person prescribed under the Maternity Leave Regulations; or

(iv) with an employing authority established for a public purpose by a Commonwealth statute or within the meaning of Part IV of the Act.

To be eligible for paid maternity leave, an employee must be entitled, as a condition of their employment, to sick leave.

(f) Grant of leave

(i) Where an employee on maternity leave applies for paid leave at any time after the expiration of the required absence, and is eligible for that leave, the application will be granted.

(ii) An employee who is pregnant is required to be absent from duty six weeks before the expected date of confinement until six weeks after the actual date of birth of the child, unless the employee provides a doctor’s certificate declaring that the employee is fit to either continue or return to duty and ANSTO gives permission in writing.

(iii) In cases where an employee is confined earlier than six weeks before the expected date of birth the required absence commences on the date of birth and continues for six weeks with the 52 week period of maternity leave absence commencing from the date of confinement.

(iv) Periods of paid leave during maternity leave will count as service for all purposes. For employees with less than twelve months’ qualifying service, the first twelve weeks of maternity leave will count as service for all purposes, whether or not the leave is with pay. Otherwise, periods of unpaid maternity leave will not count as service for any purpose but do not break an employee’s continuity of service.

(g) Existing entitlements

Nothing in clauses 18.2(a) or 18.2(c) will be taken to alter the existing entitlements to paid or unpaid maternity leave, or to alter the existing arrangement for the administration of maternity leave.

(h) Return to work

When an employee returns to work after a period of maternity leave the Executive Director must place the employee in the position held:

(i) if the employee was transferred to a safe job because of the pregnancy - immediately before the transfer; or

(ii) if the employee began working part-time because of the pregnancy - immediately before the part-time employment began; or

(iii) otherwise - immediately before the employee commenced maternity leave.

If that position no longer exists but the employee is qualified for, and can perform the duties of, other positions at ANSTO, the Executive Director must employ the employee in whichever of those positions is nearest in status and remuneration to the position referred to prior to the transfer to a safe job.

1. War service sick leave

1.1 Application
This section will only apply to any person who, as a member of the Defence Force, rendered continuous full-time service outside Australia:

(a) as a member of a unit of the Defence Force that was allotted for duty; or

(b) while the person was allotted for duty;

(c) within the meaning of sub-section 5(12) of the Veterans’ Entitlements Act 1986, in an operational area described in item 4, 5, 6, 7, or 8 of Schedule 2 of that Act, during the period specified in that item.

1.2 Credits
Employees may accrue two separate credits, as follows:

(a) Special credit

On the first commencement at ANSTO following eligible military service, employees will be credited with a special credit of nine weeks war service sick leave. A special credit may not accrue for subsequent periods of employment, except as provided for under clause 19.8.

(b) Annual credit

Employees will accrue a three week annual credit on commencement, and again following each twelve months of service. Unused credits will accumulate, subject to a maximum annual credit balance of nine weeks. Leave that counts as service for sick leave purposes will be deemed to count as service for war service sick leave purposes.
1.3 Grants
War-caused: The executive director may only grant war service sick leave when an employee is unfit for duty due to a war-caused medical condition. The employee should present a statement from the Department of Veterans’ Affairs stating what condition(s) have been accepted as being war-caused.
1.4 Applying for leave
The employee must apply in writing, and present a medical certificate stating the nature of the medical condition, or stating it was a war-caused condition.
1.5 Special credits used first
Leave from annual credits may not be granted until the special credit has expired.
1.6 Rate of pay
War service sick leave is paid and counts as service for all purposes.
1.7 Credits expired
Where an employee’s war service sick leave credits have expired, the employee may apply for leave under clause 16.
1.8 Prior service
Employees who rejoin ANSTO and who have been credited with war service sick leave in respect of an earlier period of ANSTO employment will be credited with the following:

(a) Special credit

Any special credit that remained unused as at the final day of the prior APS employment may be carried forward.

(b) Annual credit – pre 1962 service

If the previous employment ceased on or before 30 October 1962, an employee who rejoins ANSTO will receive a three week annual credit on the date of recommencement, and again following each twelve months of service.

(c) Annual credit - post 1962 service

(i) If the previous employment ceased on or after 1 November 1962, an employee who rejoins ANSTO will receive the annual credit held on the final day of the prior ANSTO employment. The next annual credit will accrue when the employee’s period of service since recommencement and the employee’s period of service between the 1 November before cessation, and the date of cessation from ANSTO equals twelve months.

(ii) Further annual credits accrue after each twelve months of service.

1. Community service leave

1.1 Community service leave is provided for in the NES.

1. Public holidays

1.1 Public Holidays are provided in the NES. These provisions supplement the NES

1.2 General

ANSTO will observe each of the following days as an additional public holiday:

1.3 Substitution
Where the day following Boxing Day falls on a Saturday or on a Sunday, the weekdays immediately following those days will be substituted as public holidays.
1.4 Rostered days off on public holidays
A shiftworker will be granted a day’s leave in lieu of a rostered day off which falls on a public holiday. The one-day leave in lieu will be granted and taken no more than one month after the public holiday to which it relates. Where it is not practicable to grant or take a day’s leave, the employee will be paid one-day’s pay at the ordinary rate instead.

1. Termination of employment

1.1 Notice of termination is provided for in the NES. The following provision supplements the NES.

1.2 Notice of termination by an employee

(a) The notice of termination required to be given by an employee is the same as that required of an employer 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 the employer 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

(b) The period of notice in this clause will not apply in the following cases:

(i) dismissal for conduct that justifies instant dismissal;

(ii) termination of fixed term or temporary employees where the termination occurs as a result of the expiry of the period of the engagement.

1.3 Job search entitlement
Where an employer 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 the employer.

1. Redundancy

1.1 Redundancy is provided in the NES. The following provision supplements the NES.

1.2 General
The provisions of this clause apply to eligible employees who are identified as excess to the requirements of ANSTO.
1.3 Eligible employee
All employees are deemed to be an eligible employees for the purposes of these provisions except for:

(a) an employee who is still on probation;

(b) an employee, other than an employee who is still on probation, who has not been employed continuously for twelve months;

(c) an employee who is engaged on a casual basis;

(d) an employee who is engaged on a temporary basis;

(e) an employee who is engaged as an apprentice.

1.4 Excess employee
An employee is an excess employee if:

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

(b) the services of the employee cannot be effectively used because of technological or other changes in the work methods of ANSTO or changes in the nature, extent or organisation of the functions of ANSTO; 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 the Executive Director has determined that the provisions of this clause apply to that employee.

1.5 Entitlement
An excess eligible employee whose employment is terminated for reasons of redundancy, will be entitled to be paid redundancy pay of a sum equal to two weeks salary for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service.
1.6 Minimum and maximum payments
The minimum sum payable as redundancy pay on termination will be four weeks salary and the maximum will be 48 weeks salary.
1.7 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.
1.8 Service for redundancy pay purposes
For the purpose of calculating an entitlement in accordance with clause 23.5, service means:

(a) service as an ANSTO employee;

(b) service in a Commonwealth agency or Department;

(c) Government service as defined in s.10 of the Long Service Leave (Commonwealth Employees) Act 1976;

(d) service with the Australian Defence Forces;

and such service is recognised for long service leave purposes.

1.9 Service not to count as service for redundancy pay purposes

Any period of service, which ceased in any of the following ways, will not count as service for redundancy pay purposes:

(a) retrenchment; retirement on grounds of invalidity; inefficiency or loss of qualifications; forfeiture of office; dismissal; termination of probation appointment for reasons of unsatisfactory service; or voluntary retirement at or above the minimum retiring age applicable to the employee or with the payment of an employer-financed retirement benefit.

1.10 Earlier periods of service

For earlier periods of service to count, there must be no breaks between the periods, except where the break in service is less than one month and occurs where an offer of employment with the new employer was made and accepted by the employee before ceasing employment with the preceding employer.

1.11 Absences during a period of service

Absences from duty which do not count as service for long service leave purposes, will not count as service for redundancy pay purposes.

1.12 Rate of payment - redundancy pay
Any entitlement calculated under 23.5 will include:

(a) Salary

The employee’s full-time salary, adjusted on a pro rata basis for periods of part-time service; and

(b) Allowances

For an allowance to be included as salary for redundancy pay purposes it will have been paid during periods of annual leave and on a regular basis and not be a reimbursement for expenses incurred or a payment for disabilities associated with the performance of a duty.

(c) Shift penalties

Shift penalties are to be included in salary where the employee has undertaken shiftwork and is entitled to shift penalties for 50% or more of the pay periods in the twelve months preceding the date on which the employee is given notice of termination. The employee is entitled to have the weekly average of the penalties payable over the twelve months immediately preceding the date on which the employee is given notice of termination included in salary.
1.13 Period of notice - termination
Where an excess eligible 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 continuous service the period of notice will be five weeks. Where the Executive Director directs, or the employee requests, a termination date within the notice period, the employee’s employment will terminate on that date. The employee will be paid compensation instead of notice for the unexpired portion of the notice period. The payments an employee would have received in respect of the ordinary time the employee would have worked during the period of notice, had the employment not been terminated, will be used in calculating any payment in lieu of notice.
1.14 Time off during notice period
An employee will be entitled to reasonable time off with full pay to attend necessary employment interviews, from the date the period of notice commences.
1.15 Expenses
Where expenses to attend interviews are not met by the prospective employer, the employee will be entitled to reasonable travel and incidental expenses incurred.
Part 7—Consultation and Dispute Resolution

1. Consultation regarding major workplace change

1.1 Employer to notify

(a) Where the employer 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, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.

(b) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s 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.

1.2 Employer to discuss change

(a) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 24.1, 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.

(b) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 24.1.

(c) For the purposes of such discussion, the employer 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 the employer’s interests.

(d) ANSTO and the organisations covered by this award may agree to establish consultative procedures, which aim to assist in achieving and maintaining co-operative workplace relations. Those procedures include the establishment of a Joint Consultative Committee, and other initiatives as agreed by the parties

1.3 Consultation about changes to rosters or hours of work

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

(b) The employer must:

(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

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

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

(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

1. Dispute resolution

1.1 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.

1.2 If a dispute is unable to be resolved at the workplace, and all appropriate steps under clause 25.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission for resolution.

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

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

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

1.6 Leave to attend courses
To assist in the resolution of disputes in the workplace, a representative, will be granted leave of absence to attend courses conducted by an accredited training provider which are specifically directed towards effective dispute resolution. The specific training course will be agreed between the employer and the individual employee.

1.7 A union delegate/employee representative granted leave of absence under clause 25.6 will not suffer any loss of pay.

1.8 Leave to attend proceedings
Leave of absence will be granted to an employee participating in any industrial proceedings under the Fair Work Act. The leave will be only for such a time as that employee is necessarily absent from duty.

1.9 A union delegate/employee representative granted leave of absence under clause 25.8 will not suffer any loss of pay.

1.10 Leave of absence granted under this clause will be counted as service for all purposes.

Schedule A—Classification Descriptions
1.1 For the purposes of this award, employees and the roles they undertake will be classified in accordance with the relevant ANSTO work level descriptors. Suitability for promotion will be assessed annually on merit, having regard to individuals’ achievements against the relevant work level descriptors for the higher level and subject to work being available at the higher level on a sustained basis. Promotion on merit will not be dependent on a vacancy arising at the higher level. Any proposed variation to the Work Level Descriptors will be the subject of consultation between ANSTO and the relevant union(s). The parties will deal with any dispute consistent with clause 25—Dispute Resolution, of this award.

Schedule B— Summary of Hourly Rates of Pay
2.1 Full-time and part-time employees other than shiftworkers—ordinary rates

2.2 Full-time and part-time employees other than shiftworkers —overtime rates

2.3 Full-time and part-time shiftworkers—ordinary and penalty rates

2.4 Full-time and part-time shiftworkers—overtime rates

Schedule C— Summary of Monetary Allowances

See clause 11 – Allowances for full details of allowances payable under this award.

3.1 Wage Related Allowances

The wage related allowances in this award are based on the standard rate as defined in Schedule F as the minimum weekly wage for an CP Level 4 in clause 10.1 = $21.46

3.2 Adjustment of Wage Related Allowances

Wage related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.

3.3 Expense-related allowances

3.4 Adjustment of expense related allowances
At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance	Applicable Consumer Price Index figure
Meal allowance	Take away and fast foods sub-group

Schedule D—Supported Wage System
4.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
4.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee’s productive capacity and agreed wage rate
4.3 Eligibility criteria
4.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
4.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
4.4 Supported wage rates
4.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause D.5) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

4.4.2 Provided that the minimum amount payable must be not less than $82 per week.
4.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
4.5 Assessment of capacity
4.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
4.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Fair Work Act.
4.6 Lodgement of SWS wage assessment agreement
4.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with Fair Work Australia.
4.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by Fair Work Australia to the union by certified mail and the agreement will take effect unless an objection is notified to Fair Work Australia within 10 working days.
4.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

4.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

4.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

4.10 Trial period
4.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
4.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
4.10.3 The minimum amount payable to the employee during the trial period must be no less than $82 per week.
4.10.4 Work trials should include induction or training as appropriate to the job being trialled.
4.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.

Schedule E—National Training Wage
5.1 Title

This is the National Training Wage Schedule.

5.2 Definitions

In this schedule:

adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A or B if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(c) not include any period during a calendar year in which a year of schooling is completed

relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
5.3 Coverage
5.3.1 Subject to clauses E.3.2 to E.3.5 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by clause E.7 or by clause E.5.4 of this schedule.
5.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause E.7
5.3.3 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.
5.3.4 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.
5.3.5 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
5.4 Types of Traineeship

The following types of traineeship are available under this schedule:

5.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
5.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
5.5 Minimum Wages
5.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause E.5.2 and E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time or part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by clause E.7 are:

(b) Wage Level B

Subject to clause E.5.2 and E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time or part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by clause E.7 are:

(c) Wage Level C

Subject to clauses E.5.1(a) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by clause E.7 are:

(d) AQF Certificate Level IV traineeships

(i) Subject to clause E.5.2 and E.5.3 of this schedule, the minimum wages for a trainee undertaking a traineeship are the minimum wages for the relevant Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause E.5.2 and E.5.3 of this schedule, the minimum wages for an adult trainee undertaking an AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship		Second and subsequent years of traineeship
	Full-time weekly	Part-time hourly	Full-time weekly	Part-time hourly
	$	$	$	$
Wage Level A	638.50	21.00	663.20	21.82
Wage Level B	616.00	20.24	639.70	21.03
Wage Level C	560.60	18.44	581.80	19.15

(e) School-based traineeships

Subject to clause E.5.2 and E.5.3 of this schedule, the minimum hourly wages for a trainee undertaking a school-based Wage Levels A or B traineeship are as follows when the trainee works ordinary hours:

Year of schooling
Year 11 or lower	Year 12
per hour	per hour
$	$
9.94	10.96

5.5.2 Calculating the actual minimum wage

(a) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses E.5.1(a)–(d) of this schedule applies to each ordinary hour worked by the trainee.
(b) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses E.5.1(a)–(d) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

5.5.3 Other minimum wage provisions

(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an Level II to a Level III traineeship, or from an Level III to a Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new certificate level.

5.5.4 Default wage rate
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level in clause E.7 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
5.6 Employment conditions
5.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
5.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
5.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
Note: The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause E.5.2(a) and not by this clause.
5.6.4 Subject to clause E.3.4 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
5.7 Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

5.7.1 Wage Level A

5.7.2 Wage Level B

Schedule F—Definitions
6.1 In this award, unless the contrary intention appears:
Act means the Australian Nuclear Science and Technology Organisation Act 1987 as amended.
ANSTO means the Australian Nuclear Science and Technology Organisation established by the Act.
Board means the Board of Directors of ANSTO established in accordance with s.8 of the Act.
Commission means the Fair Work Commission (FWC).
Employee means a person employed by ANSTO.
Employer means ANSTO.
Enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
Fair Work Act means the Fair Work Act 2009 (Cth)
Flexible working hours means a system, which allows employees to set their own patterns of attendance at work, subject to the provisions, set out in clause 8.9 of this award.
Meal allowance period means the following periods: 7.00 a.m. to 9.00 a.m., 6.00 p.m. to 7.00 p.m., 12 noon to 2.00 p.m., and midnight to 1.00 a.m.
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act
Overtime barrier means the salary barrier, placed at the salary maximum for Administrative Officer Class 6 or equivalent, above which overtime is not payable under this award.
Shiftwork means work performed on any roster or combination of shifts used in place of ordinary hours of duty (the standard day). An employee will be considered a shiftworker if rostered to perform ordinary duty outside the period 6.30 a.m. to 6.00 p.m., Monday to Friday, and/or at any time on Saturdays, Sundays or public holidays for an ongoing or fixed period.
Standard day means either the period of 7 hours and 21 minutes on any week day between 8.45 a.m. to 1.00 p.m. and 1.50 p.m. to 4.56 p.m., or such other hours, as are agreed under this award under clause 8.9.
Standard rate means the minimum hourly rate for a Craftsperson Level 4 in clause 10.1.
Union means a registered employee organisation covered by this award