ORDER

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

Commonwealth of Australia (acting through the Secretaries of the Parliamentary Departments)
(EM2013/66)

PARLIAMENTARY DEPARTMENTS STAFF AWARD 1998

[AP792499]

Enterprise instrument modernisation – modern enterprise award made – Parliamentary Departments Staff 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 jointly filed by the parties on 25 May 2016, the following modern enterprise award is made:

Parliamentary Departments Staff Award 2016.

2. The award is attached.

3. The Parliamentary Departments Staff Award 1998 [AP792499] 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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Parliamentary Departments Staff 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 Classifications 6

6. Types of employment 6

7. Classifications 8

Part 3— Hours of work 8

8. Ordinary hours of work and rostering 8

9. Breaks 12

Part 4— Wages and Allowances 12

10. Minimum pay rates 12

11. Allowances 17

12. Superannuation 22

Part 5— Penalties and Overtime 22

13. Penalty rates – shiftworkers 22

14. Overtime and penalty rates 24

Part 6— Leave, Public Holidays and other entitlements 30

15. Annual leave 30

16. Personal/carer’s leave and compassionate leave 32

17. Parental leave 32

18. Community service leave 33

19. Aboriginal and Torres Strait Islander ceremonial leave 33

20. Public Holidays 34

21. Additional Holiday 34

22. Termination of employment 35

23. Redundancy 35

Part 7— Consultation and Dispute Resolution 38

24. Consultation regarding major workplace change 38

25. Dispute resolution 39

Schedule A —Summary of hourly rates of pay 41

Schedule B —Summary of Monetary Allowances 51

Schedule C —Supported Wage System 53

Schedule D —National Training Wage 56

Schedule E —Definitions 66

Part 1— Application and Operation

1. Title and Commencement

1.1 This award is the Parliamentary Departments Staff Enterprise Award 2016.

1.2 This award commences on 30 May 2016.

1.3 This award supersedes the Parliamentary Departments Staff Award 1998. The replacement of this 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 E – Definitions sets out definitions that apply in this award.

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

1.6 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 this award contain the minimum conditions of employment for employees covered by this award.

2.2 A Secretary 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 Enterprise

The enterprise to which this modern award relates is the enterprise that constitutes the Parliamentary Service as provided under the Parliamentary Service Act 1999.

3.2 Employer

This enterprise award covers the Commonwealth of Australia in respect of employees employed in Parliamentary Service employment.

3.3 Employees

(a) This enterprise award covers Parliamentary Service employees in the classifications listed in clauses 10.3 to 10.5 of this award, to the exclusion of any other modern award.

(b) This award does not cover employees in a classification of Senior Executive Service Band 1 or higher, or an equivalent classification, employed under the Parliamentary Service Act 1999.

4. Award flexibility

4.1 Notwithstanding any other provision of this award, a Secretary and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the Secretary and the individual employee. The terms the Secretary 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 The Secretary 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 particular Department.

4.3 The agreement between the Secretary 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 individual employee being better off overall at the time the agreement is made than the individual employee would have been if no individual flexibility agreement had been agreed to.

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

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

(c) detail how the application of each term has been varied by agreement between the Secretary 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 The Secretary must give the individual employee a copy of the agreement and keep the agreement as an employee 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 the Secretary and the individual employee.

4.7 A Secretary 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 Secretary 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 the Secretary 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 Secretary and the individual employee.

Note: If any of the requirements of section 144(4) of the 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 Secretary, 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 4 is in addition to, and is not intended to otherwise affect, any provision for an agreement between a Secretary 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 a Secretary and employees on how specific award provisions are to apply at the workplace level. The provisions which can be the subject of agreement are identified in 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 the Secretary and the majority of employees affected in the workplace, provided that the agreement complies with clause 5.4(a):

Clause number Subject matter

8.2(e) Variation to the span of ordinary hours

8.4(f) 12 hour shifts

13.6 Averaging shift penalties

Schedule E Variation of meal breaks

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 the Secretary 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) where the Secretary proposes to use the facilitative provision in clause 8.3(d), the Secretary must inform the relevant union(s);

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

Part 2—Types of Employment and Classifications

6. Types of employment

6.1 The Parliamentary Service Act 1999 specifies the basis of engagement for an employee covered by this award.

6.2 Employees can be employed on either a full-time, part-time or irregular and intermittent basis.

6.3 Full-time employment

A full-time employee is an employee who works the ordinary hours of work set out in clause 8 of this award.

6.4 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 8 of this award.

(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) Proposals for part-time work may be initiated by the Secretary for operational reasons or by an employee for personal reasons. An employee engaged on a full-time basis will not be converted to a part-time basis as set out in this clause without the employee’s written agreement.

(d) Before part-time duty commences, the Secretary will issue a notice in writing to the employee which will specify:

(i) the prescribed weekly hours of duty;

(ii) the pattern of hours to be worked including starting and finishing times for employees other than shiftworkers, on each or any day of the week, Monday to Friday, within the limits of the span of hours specified for an equivalent full-time employee;

(e) Where a full-time employee is permitted to work part-time for an agreed period for personal reasons, the notice in writing under clause 6.4(d) will provide for the hours to be varied to full-time hours on a specified date. The employee will revert to full-time hours unless a further period of part-time employment is approved.

(f) The pattern of hours specified under clause 6.4(d)(ii)will be no less than three hours per day of attendance (or an alternative period agreed by the Secretary and the employee) and will be continuous on any one day.

(g) The prescribed weekly hours and the pattern of hours specified under clause 6.4(d) will not be varied, amended or revoked without the consent of the employee. Any agreed variation to the regular pattern of hours will be recorded in writing.

(h) Access to part-time employment following maternity leave

An employee returning to duty from maternity leave will, on application by the employee, be given access to part-time employment.

6.5 Irregular or intermittent employment

(a) An irregular or intermittent employee is an employee who works on an irregular or intermittent basis.

(b) An irregular or intermittent employee will be paid the hourly pay rate for their classification in accordance with clause 10.

(c) Irregular or intermittent loading

An irregular or intermittent employee will also be paid a casual loading of 25% of that rate in lieu of paid leave entitlements (other than long service leave), notice of termination of employment and redundancy benefits, Public Holidays and the holiday described in clause 21.

(d) The following provisions of this award do not apply to irregular or intermittent employees:

(i) clause 15 – Annual leave;

(ii) clause 20 – Public Holidays;

(iii) clause 21 – Additional Holiday;

(iv) clause 22 – Termination of employment; and

(v) clause 23 – Redundancy.

7. Classifications

7.1 Appropriate classification

For the classification structures contained in clause 10 (Minimum pay rates), assessment of the appropriate structures and levels will be consistent with the relevant Work Level Standards (WLS). The WLS will be applied in accordance with Parliamentary Service classification arrangements (refer section 23 of the Parliamentary Service Act 1999). Any proposed variation to the WLS will be the subject of consultation in accordance with clause 24.

Part 3—Hours of work

8. Ordinary hours of work and rostering

8.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

8.2 Ordinary hours of work – day workers

(a) Definition

A day worker is a worker who is not defined as a shiftworker.

(b) Hours

The ordinary hours of work for a full-time employee will be 36.75 hours per week.

(c) The ordinary hours of work in clause 0 may be averaged over a period of up to 28 days or the employee’s roster cycle (whichever is longer), arranged according to the requirements of the particular Department.

(d) Span of hours

Subject to clause 8.2(e), the ordinary hours of work may be worked between the hours of 8.00 am and 6.00 pm, Monday to Friday.

(e) Commencing and finishing times may be varied within the limits of 6.00 am and 6.00 pm Monday to Friday, subject to a 10 hour span for individual employees and a 12 hour span for individual workplaces by agreement between the Secretary and a majority of the employees affected, subject to clause 5 (Facilitative provisions).

(f) No employee will be required to work more than 10 ordinary hours on any one day.

(g) Ordinary hours must be worked continuously, except for meal breaks.

(h) Where an employee is entitled to a rostered day off, a supervisor and employee may agree to alternative rostered day(s) off (including taking the time off as part days).

(i) Span of hours for editors

For an employee classified as an editor, the commencing and finishing times of ordinary duty will be determined by the Secretary. The ordinary hours will be worked continuously except for meal breaks at the discretion of the Secretary.

(j) Flextime

Flextime is a system which allows an employee to set a pattern of attendance at work. Flextime systems will operate consistent with the provisions of clauses 8.2(j)(i) to 8.2(j)(iii).

(i) Flextime will operate in Parliamentary Service Departments unless the Secretary considers it necessary, because of essential work requirements, for an employee or group of employees in a workplace to revert to the hours of a standard day for a period.

(ii) The times of commencement and cessation of duty, including meal breaks, will be subject to agreement between the Secretary 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 the Secretary.

(iii) Flextime will not apply to employees who are:

•  required to work according to a shift roster;

•  required to work a 38 hours week and who are entitled to a rostered day off in a regular cycle;

•  removed from flextime for a specified period because that employee has failed to comply with the provisions of flextime; or

•  in a classification where the rate for the classification is above the salary barrier, unless they work flextime by arrangement with their Secretary.

(iv) Flextime definitions:

•  Standard day, for the purposes of flextime is 7 hours and 21 minutes per day, for an employee who works 36.75 hours per week;

•  Settlement period means the ordinary working days over which calculations are made to determine flex credit or flex debit carry over;

•  Flex credit means the accumulated amount of time worked by an employee in excess of the standard days in the settlement period, including any carry over, but does not include time worked as overtime; and

•  Flex debit means the difference between the sum of the standard days in a settlement period and the aggregate amount of time worked by an employee where the total time worked is less than the sum of the standard days in the settlement period after any necessary adjustment has been made for any absence on approved leave and includes any carry over.

8.3 Ordinary hours of work – Gardening Employees and Maintenance Employees

(a) This clause 8.3 applies to employees in the following classifications:

(i) Maintenance; and

(ii) Gardener.

(b) Hours

The ordinary hours of work for a full-time employee will not exceed 38 hours per week or an average of 38 hours per week averaged over a period of up to 28 days or the employee’s roster cycle (whichever is longer) arranged according to the requirements of the particular Department.

(c) Span of hours

Subject to 8.3(d), the ordinary hours of work may be worked between the hours of 6.30 am and 6.00 pm, Monday to Friday.

(d) An alternative 12 hour span of hours may be adopted by agreement between the Secretary and a majority of the employees concerned, subject to clause 5 (Facilitative provisions).

(e) No employee will be required to work more than 10 ordinary hours on any one day.

(f) Ordinary hours must be worked continuously, except for meal breaks.

Rostered day off

(g) The 38 ordinary hours of work per week will be worked by rostering employees off one day in each four weekly cycle. The rostered day off in each four week cycle will be contiguous with a normal rostered day or days off. A supervisor and employee may agree to alternative rostered day(s) off (including taking the time off as part days).

(h) The entitlement to a rostered day off on full pay is subject to the following:

(i) Each day of paid leave taken (not including long service leave and workers’ compensation leave) and any Public Holiday occurring during any cycle of four weeks will be regarded as a day worked for accrual purposes, provided that in the case of paid leave eight hours is deducted for each day of absence.

(ii) An employee who has not worked a complete four week cycle in order to accrue a rostered day off will be paid a pro rata amount in lieu of being provided with a rostered day off.

(i) On termination of employment an employee who has not worked a complete 4 week cycle, since the last rostered day off, will be paid a pro rata amount.

(j) For an employee who is classified as a Gardener, the commencing times for earlier starts between November and March are to be agreed between the majority of employees and the Secretary.

(k) The provisions of clause 8.3(g) to 8.3(j) may be varied in respect of specific work areas, by agreement of the majority of employees and the Secretary.

8.4 Ordinary hours of work—shiftworkers

Definition

(a) Shiftworker is defined in Schedule E of this award.

Hours

(b) The ordinary hours of work for shiftworkers will not exceed 38 hours per week or an average of 38 hours per week, averaged over a period of 28 days, or the employee’s roster cycle (whichever is longer). The ordinary hours must be worked continuously except for meal breaks.

(c) Except at regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.

Rosters

(d) Shift rosters must specify the commencing and finishing times of ordinary working hours of the respective shifts.

(e) Shiftworkers can exchange shifts or rostered days off by mutual agreement, with the consent of the Secretary, and provided that the arrangement does not give any employee an entitlement to an overtime payment.

12 hour shifts

(f) Subject to the provisions of clause 5 (Facilitative provisions), Departments may introduce 12 hour shifts, provided written agreement of a majority of affected employees is obtained.

Change of shift

(g) Subject to the provisions of clause 24.3, changes to rostered hours of duty can be by mutual consent at any time or by amendment of the roster on seven days’ notice.

(h) In the absence of consent or seven days’ notice, employees will be paid the appropriate overtime penalty rates for work outside the previously rostered hours of duty. Payment of penalty rates on this basis will be continued for each changed shift until employees have received seven days’ notice of shift change.

(i) The penalty rates in clause 8.4(h) are not payable where a Department is unable to give 7 days’ notice because of the sickness or unanticipated absence of another employee.

8.5 Make-up time

An employee may elect, with the consent of the Secretary, to work make-up time where the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.

8.6 Sitting/sessional week for Maintenance or Gardens Staff

The shift roster during a sitting/sessional week will operate only when required and it may be for four afternoon shifts and one day shift.

8.7 Shift rosters for Maintenance or Gardens Staff

The shift roster will specify the employees, the commencing and finishing time of ordinary duty and will be advised no later than seven days before the start of the working week.

9. Breaks

9.1 Meal breaks

An employee must not be required to work for more than five hours without a break for a meal.

9.2 Gardening or Maintenance Employees

Where a Gardening Employee or Maintenance Employee is:

(a) entitled to a break (as required by clause 9.1) during a meal period; and

(b) is directed to perform work during that meal period,

the employee will be paid at the rate of 150% of the employee’s ordinary hourly rate until the employee commences a meal break.

Part 4—Wages and Allowances

10. Minimum pay rates

10.1 Employees performing work within the classifications listed in this clause 10, will be paid not less than the hourly rate applicable to the employee’s classification.

10.2 The minimum annual salary for a classification is calculated by reference to the following formula:

(a) Employees working a 36.75 hour week

Annual Salary = Minimum Hourly Pay Rate x 73.50 x (313/12)

(b) Employees working a 38 hour week

Annual Salary = Minimum Hourly Pay Rate x 76 x (313/12)

10.3 Parliamentary Service classifications

The minimum hourly pay rate for an adult employee performing work in the following classifications, other than an employee performing work covered by clauses 10.4 and 10.5, is set out in the following table.

10.4 Juniors

(a) Employees who are younger than 21 years of age and who are employed in the classifications of:

(i) Parliamentary Service level 1; and

(ii) Cadet Parliamentary Service - practical training,

will be entitled to a percentage of the applicable adult minimum hourly pay rate for the classification as follows:

Under 18 years	60%
At 18 years	70%
At 19 years	81%
At 20 years	91%

10.5 Trainees

Cadets - Full-time study rates

(a) A Cadet Parliamentary Service, during periods of full-time study, will be paid no less than 57% of the minimum hourly pay rate (including junior rates where applicable) that would be payable to the Cadet if they were performing practical training.

Apprentices

(b) Apprentices (other than adult apprentices) who commenced their apprenticeships before 1 January 2014 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of Parliamentary Service level 2 rate
1st year of service	48%
2nd year of service	55%
3rd year of service	75%
4th year of service	88%

(c) Apprentices (other than adult apprentices) who commenced their apprenticeships after 1 January 2014 will be paid a percentage of the standard rate as follows

Length of service as an apprentice	% of Parliamentary Service level 2 rate
	Completed Year 12	Not completed Year 12
1st year of service	53%	50%
2nd year of service	60%	60%
3rd year of service	75%	75%
4th year of service	92%	88%

(d) Apprentices (other than adult apprentices) who commenced their apprenticeships on or after 1 January 2015 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of Parliamentary Service level 2 rate
	Completed Year 12	Not completed Year 12
1st year of service	55%	50%
2nd year of service	65%	60%
3rd year of service	75%	75%
4th year of service	92%	88%

(e) Adult apprentices who commenced their apprenticeships on or after 1 January 2014 will be paid a percentage of the standard rate as follows:

Length of service as an apprentice	% of Parliamentary Service level 2 rate
1st year of service	80%
2nd year of service	86%
3rd year of service	88%
4th year of service	92%

(f) A person employed under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 10.3 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

(g) Apprentices undertaking trade training consistent with their apprenticeship training requirements or indentures will do so without loss of pay. All fees paid by apprentices will be reimbursed, subject to satisfactory progress.

10.6 Payment

Unless otherwise agreed between the Secretary and the majority of employees in a Department, employees will be paid fortnightly.

10.7 Higher duties

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

(a) 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 hourly pay rate and the hourly pay rate the employee would receive if promoted to the higher classification or an alternative amount determined by the Secretary where partial performance is directed. When calculating an employee’s ordinary hourly rate, higher duties allowance (if payable) will be included.

(b) Minimum period

An employee who is directed to perform continuous higher duties for at least a half day will be regarded as being on higher duties for that full day. The performance of higher duties for less than half a day will be disregarded for all purposes.

(c) Salary barrier

An employee who performs higher duties at a classification above the salary barrier, for a period of less than one week, will not be paid an allowance, and that period will not count as service at the higher classification unless the Secretary considers special circumstances exist which justify payment of the allowance.

(d) Higher duties allowance on leave

Where an employee is absent on paid leave or observes a Public Holiday, or a holiday under clause 21, 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 on less than full pay, the payment of the higher duties allowance is adjusted accordingly.

10.8 Supported salary payments for employees with a disability

See Schedule C.

10.9 National training wage

See Schedule D.

11. Allowances

11.1 Eligibility for allowances

Allowances set out in this clause 11 will apply to all eligible employees, unless otherwise specified. To obtain a weekly rate for an allowance that is calculated by multiplying the standard rate by a percentage, first multiply the standard rate by ordinary weekly hours.

11.2 Allowance rates

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

11.3 Application of allowances

Unless specified in this clause 11, allowances:

(a) in clauses 11.13 to 11.17 will be included when calculating an employee’s ordinary hourly rate; and

(b) other than those specified in clause 11.3(a) are not included in an employee’s ordinary hourly rate (and therefore do not affect the calculation of penalties or overtime rates); and

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

11.4 Cadets books and equipment

An employee who is employed as a cadet under this award will be reimbursed (on production of receipts) all compulsory fees and reasonable expenses incurred for books and equipment.

11.5 Removal expenses

(a) An eligible employee is entitled to be paid:

(i) the cost of transport of the employee, dependants and partner by the most economical means. Where this is by private motor vehicle, the employee will be entitled to payment under clause 11.7 - Vehicle allowance;

(ii) the reimbursement of reasonable incurred costs of the removal of furniture and household effects of the employee, dependants and partner;

(iii) the reimbursement of the cost of the insurance premium based on a reasonable replacement value for the furniture and household effects; and

(iv) the reasonably incurred expenses in kennelling and transporting a pet or pets, to a maximum of $196.56.

(b) Definitions

For the purposes of this clause, an eligible employee means an employee relocated from one locality to another:

(i) where the move is determined to be in the interest of the Parliamentary Service or on promotion;

(ii) under the Act in the case of an excess employee, on relocation at the same or at a lower classification;

(iii) for a period of not less than 13 weeks as a result of a temporary assignment of duties at a higher classification; or

(iv) as a result of engagement in the Parliamentary Service or engagement in a Department for a specified term or a specified task, and reimbursement for the cost of transport and removal is approved by the Secretary.

11.6 Disturbance allowance

(a) Where the household effects of an eligible employee under clause 11.5(b)(i) to 11.5(b)(ii) are removed from one locality to another as a consequence of the employee’s relocation for a period of 12 months or more, the employee will also be entitled to:

(i) the payment of a single payment of disturbance allowance to offset non-reimbursed costs associated with the removal:

Disturbance allowance	$
Employee without dependants or partner	$554.99
Employee with one or more dependants or a partner	$1,162.44
Additional payment for each full-time student(s) dependent child(ren)	$220.36

(ii) reimbursement of reasonably incurred costs associated with the connection or reconnection of a telephone service at the new locality if the employee had a telephone service at the previous locality; and

(iii) reimbursement of expenses incurred in respect of one motor vehicle owned by the employee for stamp duty on registration, establishment fee for the transfer of the employee’s driving licence, and establishment fee for the transfer of the vehicle’s registration.

11.7 Vehicle allowance

(a) Where a Secretary requires an employee to use their own vehicle in or in connection with the performance of their duties, the employee will be paid an allowance for each kilometre of authorised travel as stated in Schedule 1 to the Income Tax Assessment Regulations 1997 as varied from time to time.

(b) The payment of vehicle allowance to an employee based at home will be calculated from the employee’s office based site.

(c) Carriage of goods or passengers

Where an employee is authorised to use a private motor vehicle for the transport or haulage of goods or materials weighing 100 kilograms or more and/or the conveyance of passengers, the costs of which would otherwise be met by the Secretary, the employee will be paid an additional allowance of $0.0098 cents per kilometre.

11.8 Travelling allowance

(a) Requirement to travel

Where the Secretary requires an employee in the course of duties to be absent overnight or for part of the day, the employee will be paid an allowance to cover reasonable travelling, accommodation, meal or 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 for the locality visited. This clause does not apply if the expenses are paid for by the employer.

(b) Rates of travelling allowance - more than 21 days

After an employee has resided in the one locality for a period of 21 days, the employee will be reimbursed equal to the amount expended on accommodation, meals and incidentals, or an amount considered to be reasonable in the circumstances.

11.9 Excess travel time

(a) Where an employee is directed to work temporarily at a location other than their normal place of employment, and as a result spends more time travelling to their temporary place of work than they spent travelling to their usual place of work they will be entitled to the payment for the excess travel time or time off in lieu during normal hours of duty for that time subject to:

(i) the employee’s salary not exceeding the rate for an Australian Parliamentary Service Level 4;

(ii) the additional travel time being at least 30 minutes in travel per day, or two and one half hours in any fortnight; and

(iii) the payment not exceeding five hours in any one day.

(b) The rate of payment will be single time on Mondays to Saturdays and time and a half on Sundays and Public Holidays.

(c) Payment of salary will include any higher duties allowance.

11.10 Excess fares

An employee working temporarily at a location other than their normal place of employment, and who as a result incurs costs greater than the cost of travelling to and from their usual place of work, will be entitled to the reimbursement of excess fares as long as they are not in receipt of travelling allowance. The payment of excess fares to an employee based at home will be calculated from the employee’s office based site.

11.11 Meal allowance

(a) An employee who is entitled to receive overtime payments and who works overtime after the end of ordinary work for the day, to the completion of or beyond a meal period, without a break for a meal, will be paid a meal allowance at the applicable rate set by the applicable determination made by the Australian Taxation Office as being the reasonable amount for meal allowance expenses, in addition to any overtime.

(b) A meal allowance is also payable to an employee who:

(i) is required, after the completion of the employee’s ordinary hours of work for the day, to perform duty after a break for a meal which occurs after that completion and is not entitled to payment for that break;

(ii) is required to perform duty before the commencement of ordinary hours of work, who breaks for a meal and is not entitled to payment for that break; or

(iii) is required to perform work on a Saturday, Sunday or Public Holiday, in addition to the employee’s normal weekly hours of work, extending beyond a meal break and is not entitled to payment for that meal break.

11.12 Footwear allowance

Where the Secretary determines that an employee is to be paid an allowance for footwear which is required to be used for the performance of duty the allowance payable will be no greater than $188.78 per year.

11.13 Tool allowance for maintenance employees

(a) Where the Secretary does not provide all tools necessary for the performance of employee’s duties, the employee (including an apprentice) will be paid an allowance of $28.57 per week. An apprentice will be eligible for a percentage of the allowance based on the percentages contained in clause 10.5(b) to 10.5(e).

(b) Reimbursement for the loss or damage or tools owned by an employee, which are authorised to be used for work purposes, will not exceed the agreed value of the identified tool list supplied to the Department.

11.14 First aid allowance

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 St John Ambulance or a similar body, must be paid an allowance of $10.96 per week if appointed by the Secretary to perform first aid duties.

11.15 Community language allowance

(a) Criterion

Where, in providing client or employee services, the Secretary determines there is a continuing need to utilise an employee’s particular language skills for communication (in languages other than English including deaf communication skills) and the employee’s language competence is of a standard set out in the table below, an allowance is payable in accordance with the rate adjacent to that standard.

11.16 Licence allowances

A Maintenance Officer or Works Organiser in the Plumbing or the Electrical Trades who holds a current licence issued by the appropriate Licencing Authority will be paid a weekly licence allowance, counting for all purposes, as follows:

(a) Plumbing Trade: $28.49; and

(b) Electrical Trade: $23.15.

11.17 Employees in charge – gardening or maintenance employees

An allowance, counting for all purposes, will be paid to Gardening or Maintenance employee, who is employed in a classification below the classification level of either Supervisory Gardener or a Works Organiser, who are required by the Secretary to supervise the or direct the work of employees. The allowance will be paid as follows:

Number of employees under Supervision or Direction	$ per annum
One but not more than five	$2,057.30
Six but not more than ten	$2,609.26
More than ten	$3,476.86

12. Superannuation

12.1 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), the Superannuation Benefits (Supervisory Mechanisms) Act 1990, the Superannuation (Resolution of Complaints) Act 1993 (Cth), the Superannuation Act 1976, the Superannuation (Productivity Benefit) Act 1988, the Superannuation Act 1990 and the Superannuation Act 2005 deals with the superannuation rights and obligations of employers and employees in the Parliamentary Service.

(b) If an employee is a member of the Commonwealth Superannuation Scheme, the Public Sector Superannuation Schemes, the Public Sector Superannuation Accumulation Plan or covered by the Superannuation (Productivity Benefit) Act 1988 their employer superannuation contributions will be in accordance with the relevant legislation relating to those arrangements.

Part 5—Penalties and Overtime

13. Penalty rates – shiftworkers

13.1 General

(a) 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.

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

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

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

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

13.4 Continuous night

(a) Part-time shiftworkers will be entitled to the Continuous Night penalty rate only where:

(i) the employee’s rostered ordinary duty involves working no fewer shifts each week, or no fewer shifts a week on average over the shift cycle, than an equivalent full-time employee; and

(ii) the shift worked by a part-time employee is part of a full-time shift, and the full-time shift falls wholly within the hours of 6:00 pm and 8:00 am.

13.5 Holidays

(a) Holidays are as prescribed in clauses 20 and 21. Work on December 25, whether or not another day has been declared as a substitute holiday, except as provided for in clause 20.2, will be considered a holiday.

(b) Where, in a cycle of shifts on a regular roster, a shiftworker is required to perform rostered work on each of the days of the week, that employee will, in respect of a holiday which occurs on a day on which the employee is rostered off work, be granted, if practicable, within one month after the holiday, a day’s paid leave in lieu of that holiday.

(c) Where it is not practicable to grant a day off under clause 13.5(b), the employee will be paid one day’s pay at the ordinary rate.

(d) The minimum additional payment payable for ordinary duty performed on a holiday for each separate attendance will be four hours.

(e) The minimum additional payment will not apply to holiday ordinary hours of work which, disregarding meal periods, is continuous with ordinary hours of work occurring on the day before or on the day after the holiday.

(f) Work broken by a meal period will not constitute a separate attendance.

(g) Where more than one attendance is involved, the minimum overtime payment provision will not operate to increase an employee’s overtime remuneration beyond the amount which would have been received had the employee remained at work from the commencing time of work on one attendance to the ceasing time of work on a following attendance.

(h) An employee who is in a restriction situation will be entitled to a minimum payment, as specified under clauses 14.10(g) and 14.10(h).

13.6 Averaging of shift penalties

The Secretary and affected employees may consider a proposal that shift penalties calculated under clause 13.2 be averaged over an agreed cycle.

14. Overtime and penalty rates

14.1 Overtime to be reasonable

An employee may be called for duty at any time required subject to the hours being considered to be reasonable in accordance with section 62 of the Act. In accordance with section 62 of the Act, an employee may refuse to work additional hours if they are unreasonable. Overtime is to be worked by prior direction or, if circumstances do not permit prior direction, subsequently approved in writing.

14.2 General provisions

(a) For the purposes of determining whether an overtime attendance is or is not continuous with ordinary duty, or is or is not separate from other duty, meal periods will be disregarded.

(b) An employee’s salary for the purpose of calculation of overtime will include any allowance which is payable during a period of annual leave.

14.3 Definition of overtime – employees other than shiftworkers

(a) Full time employees

Work will be considered overtime for an employee who is not a shiftworker, in a classification where the rate for the classification is below the salary barrier, where the employee is directed to perform work:

(i) Monday to Friday, outside the span of ordinary hours;

(ii) Monday to Friday, during the span of ordinary hours but beyond the length of time the employee is ordinarily required to work on the day concerned; or

(iii) on a Saturday, Sunday or a holiday.

(b) Part time employees

Work will be considered overtime for a part-time day worker in a classification where the rate for the classification is below the salary barrier, where an employee is directed to perform work:

(i) which is not continuous with an employee’s ordinary hours of work as prescribed at clause 6.4(a);

(ii) on any day which is continuous with an employee’s ordinary hours of work as prescribed at clause 6.4(a), and in whole or in part, falls outside the period 6.00 pm to 8.00 am, where the employee also completes the ordinary hours of duty on that day; or

(iii) which is continuous with an employee’s ordinary hours of work, and falls wholly within the period 6.00 pm to 8.00 am and exceeds, in any one week, that employee’s prescribed weekly ordinary hours of work as prescribed at clause 6.4(a).

(c) Irregular or intermittent employees

Work will be considered overtime for an irregular or intermittent employee, in a classification where the rate for the classification is below the salary barrier, where the employee is directed to perform work:

(i) Monday to Friday, outside the span of ordinary hours;

(ii) on a Saturday, Sunday or a holiday; or

(iii) in excess of the full-time ordinary hours in a week for the employee's classification.

14.4 Overtime rates – employees other than shiftworkers

(a) Where an employee works overtime the employer must pay the employee the overtime rates as follows:

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

(b) The casual loading set out in clause 0 is not paid for overtime.

14.5 Definition of overtime – shiftworkers

(a) Shiftworkers

Work will be considered overtime for a full time shiftworker in a classification where the rate for the classification is below the salary barrier, where:

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

(ii) it 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) Part time shiftworkers

Work will be considered overtime for part time shiftworker in a classification where the rate for the classification is below the salary barrier, where:

(i) it is performed on any day beyond the normal rostered hours of duty on that day; and

(ii) it is performed in excess of the employee’s prescribed weekly ordinary hours of work under clause 6.4(a).

(c) Irregular or intermittent shiftworkers

Work will be considered overtime for an irregular or intermittent shiftworker, in a classification where the rate for the classification is below the salary barrier, where it is performed:

(i) on any day beyond the normal rostered hours of duty on that day; or

(ii) in excess of 38 hours in a week or an average of 38 hours per week over a cycle of shifts.

14.6 Overtime rates – shiftworkers

(a) Where an employee works overtime the employer must pay to the employee the overtime rates as follows:

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

(b) The casual loading set out in clause 0 is not paid for overtime.

(c) Where an irregular or intermittent shiftworker employee works overtime the employer must pay to the employee the higher of:

(i) the overtime rate (see clause 14.6(a)); and

(ii) the irregular or intermittent penalty rate (see clause 13.2).

(d) The provisions of clause 14.9 (Emergency duty) will not apply to employees whose work for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.

14.7 Rest period after overtime

(a) An employee, in a classification where the rate for the classification is below the salary barrier, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least eight consecutive hours (exclusive of reasonable travelling time) off duty between those times must be released after completion of such overtime until they have had such time off duty, without loss of pay for the ordinary working time involved.

(b) If such employee is required to resume or continue work without having had such time off duty, they must be paid at double rates until released from duty for such period and must then be entitled to be absent until they have had such time off duty without loss of pay for any ordinary working time involved.

(c) The provisions of 14.7(a)) and 14.7(b) do not apply to overtime worked in the circumstances covered by clause 14.9 (Emergency Duty) unless the actual time worked is at least three hours on each call.

14.8 Minimum overtime payments

(a) The following minimum overtime payments apply unless the duty is emergency duty in accordance with clause 14.9.

(b) An employee required to return to work overtime after leaving their place of work must be paid a minimum of four hours’ pay at the appropriate overtime rate for each time they are recalled.

(c) An employee who performs overtime while in a restriction situation under clause 14.10 will be entitled to a minimum overtime payment as specified in those provisions.

(d) Where more than one attendance is involved, the minimum overtime payment provision will not operate to increase an employee’s overtime remuneration beyond the amount which would have been received had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a following attendance.

(e) Where an overtime attendance, not continuous with ordinary hours of work, involves duty both before and after midnight, the minimum payment provisions of this subclause will be satisfied when the total payment for the whole of the attendance equals or exceeds the minimum payment applicable to one day. Where a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.

14.9 Emergency duty

Where an employee, in a classification where the rate for the classification is below the salary barrier, is called on duty to meet an emergency at a time when the employee would not ordinarily have been on duty, and no notice of such call 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 double time. 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 two hours at double time. The provisions of this clause 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.

14.10 Restriction duty

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

(a) Payment will be subject to the following conditions:

(i) except with the approval of the Secretary, employees ineligible for overtime payment under clause 14.12 will not be eligible to receive payment; and

(ii) the restriction situation will be imposed by the prior written direction of the Secretary, or will subsequently be approved in writing by the Secretary where the circumstances did not permit prior direction.

(iii) the provisions of clause 14.9 (Emergency duty) will not apply where an employee is recalled to duty while restricted.

(b) An employee who is required to remain contactable and available to perform extra duty outside the employee’s ordinary hours of duty must, subject to clause 14.10(a) be paid an allowance:

(i) at a rate of 7.5% of the employee’s hourly rate of salary for each hour restricted Monday to Friday;

(ii) at a rate of 10% of the employee’s hourly rate of salary for each hour restricted Saturday and Sunday; and

(iii) at a rate of 15% of the employee’s hourly rate of salary for each hour restricted on holidays under clauses 20 and 21.

(c) An employee’s salary for the purpose of calculation of the allowance under clause 14.10(b) must include higher duties allowance and any other allowances in the nature of salary. An allowance in the nature of salary is any allowance which is payable during a period of annual leave.

(d) Where approval has been made for payment under clause 14.10(a)(i) to an employee in a classification where the rate for the classification is above the salary barrier, the salary will be the pay rate payable to an Australian Parliamentary Service Level 6 employee.

(e) The allowance under this subclause will be payable for each hour or part hour the employee is restricted outside the employee’s ordinary hours of work.

(f) Any part of a period of restriction for which the employee receives another payment will not be included for calculating payments under clause 14.10(b).

(g) Where an employee who has been restricted is required to perform duty, but is not required to be recalled to work, overtime payment will be made, subject to a one hour minimum payment.

(h) Where an employee who has been restricted outside the employee’s ordinary hours of work is recalled to duty at a place of work, payment in accordance with the relevant overtime provisions will be made subject to a three hour minimum payment.

(i) Notwithstanding the provisions of this clause, where an employee is placed in a restriction situation outside of the employee’s ordinary hours of duty, the employee may be paid at an alternative rate having regard to the circumstances of the restriction situation.

14.11 Absence from duty instead of overtime

(a) Time off may be granted in lieu of overtime where the Secretary and the employee agree, on an “hour for hour” basis, with an entitlement to a residual payment, or on a penalty time basis. For example, three hours’ time off plus three hours pay at half time, in lieu of three hours overtime at time and a half, or alternatively four and a half hours’ time off in lieu of pay.

(b) Where time off in lieu of a payment has been agreed, and the employee has not been granted that time off within four weeks, or another agreed period, due to operational requirements, payment of the original entitlement will be made.

(c) Where an employee performs a full day’s duty on Sunday, in addition to the employee’s prescribed ordinary hours of work for the week, the employee will, wherever practicable, be granted a day off during the following week. Where this occurs, an employee who is eligible for the payment of overtime will be paid an additional one day’s pay in lieu of the provisions of clauses 14.4 (for a day worker) or 14.6 (shiftworker).

14.12 Provisions for employees at or above Parliamentary Executive Level 1 rate

(a) Except at the discretion of the Secretary, employees in a classification where the rate for the classification is the rate above the salary barrier will not be entitled to receive overtime payments.

(b) In the case of part-time employees in the category in clause 14.12(a), extra work will be paid at the employee’s normal hourly rate in respect of work performed outside the ordinary hours of work as prescribed at clause 6.4(a), subject to the total of ordinary hours of work and extra work not exceeding:

(i) on any day, a maximum of seven hours and 21 minutes ordinary hours of work as applicable to an equivalent full-time employee; and

(ii) in any week, a maximum of 36.75 hours ordinary hours of work and extra work as applicable to an equivalent full-time employee.

Part 6—Leave, Public Holidays and other entitlements

15. Annual leave

15.1 As provided for by the NES, an employee (other than an irregular or intermittent employee) is entitled to four weeks’ paid annual leave for each year of service.

15.2 Additional leave for certain shiftworkers

(a) Shiftworkers, as defined in clause 15.2(b) will be entitled to an additional half a day paid annual leave for each Sunday rostered, up to a maximum of 5 days per year. A rostered overtime shift of 3 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 15.2(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 15.2(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 5 shifts per week or an average of not less than the number of shifts per week of an equivalent full-time employee.

15.3 Closedown

Where an establishment observes a closedown at Christmas or another holiday period, the Secretary may direct that an employee at that establishment will observe that period of close down unless required to attend for duty. Where available annual leave is insufficient to cover the period, leave without pay to count as service for all purposes will be granted.

15.4 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 hourly rate.

(b) A shiftworker on approved annual leave will, for the period of the annual leave, receive shift penalty payments in relation to any shifts the employee would have worked if the employee was not on approved annual leave.

15.5 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.

15.6 Payment of accrued annual leave on death

Where an employee dies, or the Secretary has directed that an employee will be presumed to have died on a particular date, payment may be made to the dependants or partner or the legal personal representative of the former employee of an amount that would have been paid if the employee had otherwise ceased employment.

15.7 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 15.7.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 15.7.

(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 15.7 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 15.7 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 15.7 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 15.7.

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 15.7.

16. Personal/carer’s leave and compassionate leave

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

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

16.3 An employee may be granted personal/carer’s leave with pay subject to available credits, without production of evidence, to the extent of five days in any calendar year. No more than three consecutive days of personal/carer’s leave may be taken without production of evidence.

16.4 Where paid personal/carer’s leave credits are exhausted, a Secretary may grant additional leave with or without pay. In exceptional circumstances and at the employee’s request, an employee may be granted leave without pay while paid personal/carer’s leave credits remain. To avoid doubt, this clause supplements the entitlement to two days unpaid carers’ leave per permissible occasion provided for by the NES.

16.5 An additional one day paid compassionate leave per occasion is provided to all employees other than irregular or intermittent employees.

16.6 One shift will be regarded as one day for the purpose of granting compassionate leave.

16.7 Paid personal/carer’s leave and compassionate leave will be paid at the employee’s ordinary hourly rate.

17. Parental leave

17.1 Parental leave is provided for in the NES. These provisions supplement the entitlements in the NES.

17.2 A pregnant employee who is entitled to unpaid parental leave under the NES shall be paid the salary that the employee would have been paid for her ordinary hours as if she attended work for the first 12 weeks of the birth-related leave taken in association with that pregnancy.

17.3 A pregnant employee who:

(a) is not entitled to paid leave under clause 17.2; and

(b) at the commencement of birth-related leave taken in association with that pregnancy does not have 12 months’ continuous service; and

(c) attains 12 months’ continuous service during the first 12 weeks of birth-related leave,

will be entitled, for the remainder of that 12 week period, to be paid for her ordinary hours as if she attended for work.

17.4 Where an employee on unpaid parental leave applies for paid leave, and is eligible for that leave, the application will be granted.

17.5 Periods of paid leave during parental leave will count as service for all purposes where an employee is eligible for that leave.

17.6 In addition to the consultation and communication obligations under the NES, the employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

17.7 Obligations under the NES in respect of employees on unpaid parental leave will apply to employees on paid maternity leave as if the employee was on unpaid parental leave.

17.8 The amount of paid leave provided to an employee under clause 17.2 will be reduced by any period of paid maternity leave that an employee is granted under the Maternity Leave (Commonwealth Employees) Act 1973.

18. Community service leave

18.1 Community service leave is provided for in the NES. These provisions supplement the entitlements in the NES.

18.2 Leave with pay may be granted to enable an employee (other than an irregular or intermittent employee) to attend court as a juror for the entirety of the employee’s jury service. Paid community service leave will be paid at the employee’s ordinary hourly rate.

18.3 An employee (other than an irregular or intermittent employee) will be reimbursed reasonable expenses incurred by the employee in excess of the NES entitlement while attending court to serve as a juror.

18.4 Leave of absence granted under this clause will count as service for all purposes.

19. Aboriginal and Torres Strait Islander ceremonial leave

19.1 Aboriginal and Torres Strait Islander ceremonial leave without pay may be granted to an employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes:

(a) connected with the death of a member of the immediate family or extended family; or

(b) for other ceremonial obligations under Aboriginal and Torres Strait Islander law.

19.2 An employee may be granted a maximum of 10 days of ceremonial leave in any two year period.

19.3 Aboriginal and Torres Strait Islander ceremonial leave granted is in addition to compassionate leave granted.

19.4 Aboriginal and Torres Strait Islander ceremonial leave granted does not count as service for any purpose.

20. Public Holidays

20.1 Public Holidays are provided for in the NES. The following provisions supplement the NES.

20.2 Where an employee works on both Christmas Day and a substitute holiday, one day will attract payment at the Public Holiday rate and the other day will be paid at the non-holiday Saturday or Sunday rate as appropriate.

20.3 If an employee is absent from work on a day or part-day that is a Public Holiday, the employee will be paid at the employee’s ordinary hourly rate for the employee’s ordinary hours of work on that day or part-day.

20.4 Substitution of Public Holidays by agreement

(a) Where the Secretary and the employee agree, a day or part day may be substituted for a day or part day that would otherwise be a Public Holiday under this clause.

(b) Where an employee cannot work on a day for which a substituted holiday has been granted under clause (a), the affected employee will work make-up time at times to be agreed without entitlement to overtime payment.

21. Additional Holiday

21.1 An additional holiday within the Christmas/New Year period will apply to the first working day after the Boxing Day holiday according to the following table.

Christmas Day	Additional Day
Sunday	Wednesday 28 December
Monday	Wednesday 27 December
Tuesday	Monday 31 December
Wednesday	Friday 27 December
Thursday	Monday 29 December
Friday	Tuesday 29 December
Saturday	Wednesday 29 December

21.2 The additional holiday will be paid at the employee’s ordinary hourly rate.

22. Termination of employment

22.1 Notice of termination is provided for in the NES.

22.2 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of a Secretary 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 Secretary 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. Redundancy

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

23.1 Eligible employee

An ongoing Parliamentary Service employee not on probation is an eligible employee for the purposes of this clause.

23.2 Excess employee

An employee is an excess employee if:

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

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

23.3 Entitlement

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, plus a pro rata payment for completed months of service since the last completed year of service, unless the NES provides a greater benefit.

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

23.4 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.

23.5 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.

23.6 Service for redundancy pay purposes

For the purpose of calculating an entitlement in accordance with clause 23.3, “service” means:

(a) service in a Department or service as an Australian Public Service employee in a Department under the Public Service Act 1999;

(b) Government service as defined in section 10 of the Long Service Leave (Commonwealth Employees) Act 1976;

(c) service with the Commonwealth (other than service with a joint Commonwealth-State body or a body corporate in which the Commonwealth does not have a controlling interest) which is recognised for long service leave purposes;

(d) service with the Australian Defence Forces;

(e) service in another organisation where:

(i) an employee was moved from that organisation to give effect to an administrative re-arrangement; or

(ii) an employee of that organisation is engaged as a Parliamentary Service employee as a result of an administrative re-arrangement and such service is recognised for long service leave purposes.

23.7 Service not to count as service for redundancy pay purposes

Any period of service which ceased by way of any of the grounds for termination specified in section 29 of the Parliamentary Service Act 1999 (including any additional grounds prescribed in the Parliamentary Service Determination 2013); or on a ground equivalent to any of these grounds; or through voluntary retirement at or above the minimum retiring age applicable to the employee; or with the payment of a redundancy benefit or similar payment or an employer-financed retirement benefit; will not count as service for redundancy pay purposes.

For the purposes of this clause, a redundancy benefit includes a payment made to an employee as redundancy pay under the NES.

23.8 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.

23.9 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.

23.10 Rate of payment - redundancy pay

For the purposes of calculating any payment under clause 23.3 or clause 23.4, ‘salary’ will include the following amounts:

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

(b) 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) additional payments for the performance of duties at a higher classification level are to be included in salary where the employee has been performing duties at the higher classification level for a continuous period of at least 12 months immediately preceding the date on which the employee is given notice of termination; and

(d) shift penalties are to be included in salary where the employee has undertaken shift work and is entitled to shift penalties for 50% or more of the pay periods in the 12 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 12 months immediately preceding the date on which the employee is given notice of termination included in salary.

23.11 Reduction in classification

Where the Secretary proposes to reduce an excess employee’s classification either:

(a) the employee will be given the same period of notice as the employee would have been entitled to receive if the employment had been terminated; or

(b) the Secretary may pay an amount to maintain the level of salary received by the employee at the date of notice of reduction in classification for the number of weeks of notice still owing. Such payments will be calculated in accordance with clause 23.10.

23.12 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 Secretary directs, or the employee requests, a termination date within the notice period, the employee’s employment will terminate on that date. In these circumstances, 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.

23.13 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.

23.14 Expenses

Where clause 23.13 applies, and 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

24. Consultation regarding major workplace change

24.1 Secretary to notify

(a) Where a Secretary 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 Secretary 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 Secretary’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.

24.2 Secretary to discuss change

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

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

(c) For the purposes of such discussion, the Secretary 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. The Secretary is not required to disclose confidential information the disclosure of which would be contrary to the Commonwealth’s and/or the Parliament’s interests.

24.3 Consultation about changes to rosters or hours of work

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

(b) The Secretary must:

(i) provide to the employee or employees affected and their representatives, if any, all relevant information about the proposed change, provided that the Secretary is not required to disclose confidential information the disclosure of which would be contrary to the Commonwealth’s and/or the Parliament’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.

25. Dispute resolution

25.1 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.

25.2 If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clause 25.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

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

25.4 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.

25.5 A Secretary or employee may appoint another person, organisation or association, including an employee representative, to accompany and/or represent them for the purposes of this clause.

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

25.7 Leave of absence to attend proceedings

Where the provisions of clause 25.1 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 25.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 25.2 and will not suffer any loss of pay in respect of the absence.

25.8 Leave of absence to attend courses

(a) To assist in the resolution of disputes in a Department, an employee who accompanies or represents another employee pursuant to clause 25.5, 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 will be subject to the operating requirements of the Department.

(b) The specific training course will be agreed between the Secretary and the individual employee.

(c) A employee representative granted leave of absence under this clause 25.8 will not suffer any loss of pay.

Schedule A —Summary of hourly rates of pay

A.1 Interaction with allowances

A.1.1 Where an additional allowance will be included when calculating an employee’s ordinary hourly rate, that allowance must be added to the ordinary hourly rate prior to calculating penalties and overtime.

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

	Day
	Ordinary rate – 100%
Australian Parliamentary Service Level 1 (including Cadet Parliamentary Service in practical training)	19.70
Australian Parliamentary Service Level 2	21.35
Australian Parliamentary Service Level 3	23.18
Australian Parliamentary Service Level 4	24.62
Australian Parliamentary Service Level 5	26.62
Australian Parliamentary Service Level 6	28.09
Australian Parliamentary Executive Level 1	31.84
Australian Parliamentary Executive Level 2	34.53
Parliamentary Security Attendant (Entry Level)	21.02
Parliamentary Security Attendant (Operational)	21.35
Parliamentary Security Attendant (Supervisor)	23.18
Principal Parliamentary Security Attendant	24.62
Editor Level 1	28.50
Editor Level 2	31.84
Principal Editor	37.22
Assistant Maintenance Officer	20.44
Maintenance Officer Grade 1/2	21.42
Maintenance Officer Grade 3	23.95
Works Organiser	26.20
Maintenance Project Officer	27.74
Parliamentary Gardener Grade 1/2	20.32
Parliamentary Gardener Grade 3	22.90
Parliamentary Gardener Grade 4	23.75
Supervisory Gardener	26.00

A.3 Full-time and part-time – day workers – overtime rates

A.4 Full-time and part-time employees – shiftworkers – ordinary and penalty rates

A.5 Full-time and part-time employees – shiftworkers – overtime rates

A.6 Irregular and intermittent employees – day workers – ordinary rates

A.7 Irregular and intermittent employees—day workers—overtime rates

A.8 Irregular and intermittent employees – shiftworkers – ordinary and penalty rates

A.9 Irregular and intermittent employees—shiftworkers—overtime rates 1

A.10

Schedule B—Summary of Monetary Allowances

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

B.1 Wage Related Allowances

The wage related allowances in this award are based on the standard rate as defined in Schedule E as the minimum hourly rate for an Australian Parliamentary Service Level 2 in clause 10.3 = 20.83.

B.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.

B.3 Expense related allowances

B.4 Adjustment of expense related allowances

At the time of any adjustment to the standard rate, each expense related allowance in clause 11 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 (CPI) (Cat No. 6401.0), as follows:

Schedule C—Supported Wage System

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.

C.1 In this schedule:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system

assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme

relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au

SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate

C.2 Eligibility criteria

C.2.1 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.

C.2.2 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.

C.3 Supported wage rates

C.3.1 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 C.4) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

C.3.2 Provided that the minimum amount payable must be not less than $81 per week.

C.3.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.

C.4 Assessment of capacity

C.4.1 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.

C.4.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.

C.5 Lodgement of SWS wage assessment agreement

C.5.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.

C.5.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment.. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

C.6 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.

C.7 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.

C.8 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.

C.9 Trial period

C.9.1 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.

C.9.2 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.

C.9.3 The minimum amount payable to the employee during the trial period must be no less than $81 per week.

C.9.4 Work trials should include induction or training as appropriate to the job being trialled.

C.9.5 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 C.4.

Schedule D—National Training Wage

D.1 Title

This is the National Training Wage Schedule.

D.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

D.3 Coverage

D.3.1 Subject to clauses D.3.2 to D.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 D.7 or by clause D.5.6 of this schedule.

D.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 D.7.

D.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.

D.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.

D.3.5 At the conclusion of the traineeship, this schedule ceases to apply to the employee.

D.4 Types of Traineeship

The following types of traineeship are available under this schedule:

D.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and

D.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.

D.5 Minimum Wages

D.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clauses D.5.2 and D.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 D.7 are:

(b) Wage Level B

Subject to clauses D.5.2 and D.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 D.7 are:

(c) Wage Level C

Subject to clauses D.5.1(a) and D.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 D.7 are:

(d) AQF Certificate Level IV traineeships

(i) Subject to clauses D.5.2 and D.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 clauses D.5.2 and D.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	623.50	20.51	647.70	21.31
Wage Level B	601.60	19.77	624.70	20.54
Wage Level C	547.50	18.01	568.20	18.70

(e) School-based traineeships

Subject to clauses D.5.2 and D.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
$	$
9.71	10.70

D.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 D.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 D.5.1(a)–(d) of this schedule minus 20% applies to each ordinary hour worked by the trainee.