ORDER

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

Commonwealth Scientific and Industrial Research Organisation (CSIRO)
(EM2013/89)

CSIRO (SALARIES AND CONDITIONS OF SERVICE) AWARD 1999
[AP772288]

Enterprise instrument modernisation – modern enterprise award made – CSIRO Enterprise Award 2016.

1. Further to the decision issued in transcript by the Fair Work Commission on 23 May 2016 and the further amended version of the Proposed Award provided by the Commission on 28 July 2016, the following modern enterprise award is made:

CSIRO Enterprise Award 2016.

2. The award is attached.

3. The CSIRO (Salaries and Conditions of Service) Award 1999 [AP772288] is terminated pursuant to item 9(2)(a) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

4. This order comes into effect on 19 August 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J>

CSIRO Enterprise Award 2016

Table of Contents

Part 1— Application and Operation of Award 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 5
6. Types of employment 5
7. Classifications 9
Part 3— Hours of Work 9
8. Ordinary hours of work and rostering 9
9. Breaks 11
Part 4— Wages and Allowances 11
10. Minimum wages 11
11. Allowances 15
12. Superannuation 17
13. Sea Duty 18
Part 5— Penalties and Overtime 21
14. Penalty rates 21
15. Overtime 22
Part 6— Leave, Public Holidays and other entitlements 28
16. Annual leave 28
17. Personal/carer’s leave and compassionate leave 29
18. Parental leave and related entitlements 30
19. Community service leave 30
20. Public holidays 31
21. Termination of employment 31
22. Redundancy 31
Part 7— Consultation and Dispute Resolution 34
23. Consultation 34
24. Dispute resolution 35
Schedule A —Classification Definitions 37
Schedule B — Summary of hourly rates of pay 40
Schedule C — Summary of Monetary Allowances 44
Schedule D —Supported Wage System 45
Schedule E — National Training Wage 48
Schedule F — Definitions 57

Part 1—Application and Operation of Award

1. Title and Commencement

1.1 This award is the CSIRO Enterprise Award 2016.

1.2 This award commences on 19 August 2016.

1.3 This award supersedes the CSIRO (Salaries and Conditions of Service) Award 1999. The replacement of the predecessor award by this award does not affect any right or liability that a person acquired, accrued or incurred under the predecessor award.

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

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

2. The National Employment Standards and this award

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

2.2 CSIRO must ensure that copies of this award and the NES are available to all employees to whom they apply.

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

3. Coverage

3.1 This enterprise award covers all persons appointed by CSIRO pursuant to section 32 of the SIR Act to the exclusion of any other modern award.

3.2 This award does not cover an employee excluded from award coverage by the Act.

3.3 Enterprise

The enterprise to which this modern award relates is the enterprise that constitutes the CSIRO as provided under the SIR Act.

3.4 Employer

This award covers CSIRO in respect of employees engaged under the SIR Act.

3.5 Employees

(a) This award covers employees in the classifications listed in Schedule A—Classification Definitions of this award, to the exclusion of any other modern award.

(b) This award does not cover employees excluded from award coverage by the Act.

3.6 Employee organisations

This award covers each of the following unions:

(a) The Community and Public Sector Union; and

(b) The Australian Manufacturing Workers’ Union.

4. Award flexibility

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

4.3 The agreement between CSIRO and the individual employee must:

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

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

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

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

(c) detail how the application of each term has been varied by agreement between CSIRO 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 CSIRO must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

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

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

4.8 The agreement may be terminated:

(a) by CSIRO 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 CSIRO and the individual employee.

Note: If any of the requirements of section 144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or CSIRO, giving written notice of not more than 28 days (see section 145 of the Fair Work Act 2009 (Cth)).

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

5. Facilitative provisions

5.1 This award also contains facilitative provisions which allow agreement between CSIRO and employees on how specific award provisions are to apply at the workplace or section or sections of it.

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

Part 2—Types of Employment and Classifications

6. Types of employment

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

(a) indefinite;

(b) casual; or

(c) specified term.

6.2 Subject to clause 6.7, indefinite employment will be the standard form of employment at CSIRO.

6.3 Employees engaged in one of the categories set out in clause 6.1 may be appointed to work full-time or part-time.

6.4 At the time of appointment, CSIRO will inform each employee in writing of the terms of their appointment, including:

(a) the type of employment;

(b) whether a probationary period applies and, if so, the expected duration of the period and advice in relation to the maximum duration of the period;

(c) if the person has been appointed as a specified term employee, the project or task in relation to which the person has been appointed and/or the duration of the appointment; and

(d) a list of the main instruments governing the terms and conditions of their employment.

6.5 Part-time employees

(a) A part-time employee:

(i) is engaged to work fewer than 36.75 ordinary hours per week;

(ii) has specified hours of work; and

(iii) receives, on a pro rata basis, pay and conditions equivalent to those of full-time employees who do the same kind of work. In relation to expense related allowances, the employee will receive entitlements specified in the relevant clauses of this award.

(b) Agreement regarding hours

Before part-time duty commences, CSIRO and the employee will agree in writing on a regular pattern of work, specifying:

(i) the hours worked each day and starting and finishing times;

(ii) the days of the week on which the employee will work; and

(iii) the period of the part-time arrangement.

(c) Rate of payment

A part-time employee will be paid for ordinary hours worked at the rate prescribed for the employee’s classification. Additional hours may be worked by mutual agreement:

(i) Within the bandwidth Monday to Friday, provided that where average weekly hours over a four week period exceed the specified weekly hours, there is payment at the ordinary rate for the additional hours worked. Payment will be at the employee’s hourly rate except where hours worked exceed 36.75 hours in one week, in which case clause 15 applies.

(ii) Outside the bandwidth, in which case clause 15 applies.

(d) Employee initiated proposals

Employee initiated proposals for part-time work will be considered promptly and with due consideration for the reasons put forward by the employee in support of the proposal. Such consideration will be subject to operational requirements.

(e) Reversion and variation

(i) Where the employee's part-time arrangement is for a specified period, the employee will revert to full-time employment at the end of the specified period, in the absence of an agreement to continue the arrangement or otherwise vary the arrangement. Where the arrangement is not for a specified period, and the employee wishes to revert to full-time employment, the employee will notify CSIRO. CSIRO will revert the employee to full-time status as soon as practicable.

(ii) The prescribed weekly hours and pattern of hours specified under clause 6.5(b) will not be varied, revoked or amended without the consent of the employee. Any agreed variation to the regular pattern of hours will be recorded in writing.

6.6 Casual employees

(a) A casual employee is engaged by the hour, paid on an hourly basis, to cover genuine temporary need. A casual employee can be called for duty at any time.

(b) Unless otherwise specified in clause 15, a casual employee will be paid for work performed as ordinary duty at the hourly rate based on:

(i) the hourly rate for the employee's classification;

(ii) a loading of 25% of the ordinary rate; and

(iii) on the basis of a 36.75 hour full-time working week.

(c) The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination, redundancy benefits.

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

(i) clause 16—Annual leave;

(ii) clause 20—Public holidays;

(iii) clause 21—Termination of employment; and

(iv) clause 22—Redundancy.

(e) Casuals Directed to Leave Work

Where, because there is insufficient work available on any one day, a casual employee is directed to leave work, that employee will receive payment for the hours worked and for the remainder of the previously agreed hours of work for that day.

(f) Termination of Casual Employment

The employment of a casual employee may be terminated without notice provided that the employee will be entitled to receive payment for the hours the employee was appointed to work on the day the employee is advised of the termination of employment.

6.7 Specified Term Employment

(a) Specified term employment means employment for a specified period of time.

(b) CSIRO may appoint an employee for a specified term in the following circumstances:

(i) where the appointment is to cover the temporary absence of another employee on a recognised form of leave or secondment/temporary transfer;

(ii) where the appointment is clearly of a limited term nature in that the work:

• has specifically defined objectives related to the period of the term; and
• requires skills which cannot be provided by existing employees or requires the commitment of resources beyond the capacity of the existing number of indefinite staff; and
• on the balance of probabilities, after the work is completed there will be no ongoing need for the skills being sought or there will be sufficient competent indefinite staff available to satisfy the requirements of ongoing, existing and foreseeable funded activities.

(iii) to cope with seasonal periods of peak load;

(iv) where the employer wishes to employ a recognised specialist in a field for a short period;

(v) where appointment is as a designated Post-Doctoral Fellow for which a training/development program has been devised;

(vi) where appointment is as a designated trainee, including a bona fide apprenticeship scheme or a government sponsored employment and training scheme;

(vii) where an external appointment is made to a senior management position; or

(viii) where a specified term appointment is preferred by the appointee and this is acceptable to CSIRO.

(c) There will be no link between funding source and the decision to appoint a person on a term. These criteria will also apply to the reappointment of an employee to a further term appointment.

(d) Period of Specified Term Employment

A single term of specified term employment or the aggregate of continuous periods of specified term employment will not exceed five years, except:

(i) appointments or reappointments made in accordance with subclauses 6.7(b)(vii) and 6.7(b)(viii); or

(ii) the appointment of Post-Doctoral Fellows, which may not exceed three years and the date of final cessation of the Fellowship will be no later than the date on which the employee’s work experience, relevant to his/her discipline (both inside and outside CSIRO), since confirmation of his/her doctorate, totals six years.

7. Classifications

7.1 A description of the classifications under this award is set out Schedule A—Classification Definitions.

Part 3—Hours of Work

8. Ordinary hours of work and rostering

8.1 Ordinary hours

The ordinary hours of work for a full-time employee are 36.75 hours per week worked within the commencing and finishing times set by CSIRO under this clause. Unless otherwise specified in this award, ordinary hours of duty will be taken to mean ordinary hours of attendance.

8.2 Attendance Bandwidth

CSIRO will set an attendance bandwidth at each workplace of 10 hours’ duration between the hours of 6:00 am and 6:00 pm on a Monday to Friday. The attendance bandwidth and commencing and finishing times may differ for different categories of employees. Nothing in this clause prevents CSIRO and employees from modifying the attendance bandwidth for an employee using an individual flexibility agreement.

8.3 Commencing and Finishing Times

(a) The ordinary hours of work will be worked (exclusive of meal periods) within such commencing and finishing times as may be set by CSIRO.

(b) In determining the commencing and finishing times, CSIRO:

(i) will set those times within the attendance bandwidth set under 8.2; and

(ii) will allow meal periods of not less than 30 minutes beginning no later than five hours from the last meal period or the time duty commenced.

8.4 Attendance in Rotation on Saturday

Where it is necessary to require the attendance in rotation of employees on a Saturday during the hours between 6:00 am and 1:00 pm, they will be allowed time off duty in the following week, if practicable, equivalent to the time of such attendance.

8.5 Flextime

(a) Operation of the Flextime Scheme

(i) The flextime scheme allows time off to be granted where this is consistent with work demands. Flextime is the standard practice at CSIRO but access to and use of the scheme is always subject to operational requirements.

(ii) For the purposes of the clauses relating to flextime:

Core time means a fixed period of not more than four hours set by the employer within the bandwidth during which attendance is mandatory unless leave is approved. Core time can comprise one or two time blocks.
Flexible periods means a time period outside core time but within the bandwidth during which individual staff have the scope to vary their attendance pattern, subject to work requirements.

(b) Requirements for the Flextime Scheme

(i) Employees participating in the flextime scheme must keep formal daily attendance records.

(ii) Flex credits accrue where the hours of attendance exceed 7 hours 21 minutes in a day within the bandwidth.

(iii) Flex debits accrue where the hours of attendance are less than 7 hours 21 minutes in a day within the bandwidth, provided that:

• hours of attendance in the flextime scheme cannot be less than four hours in a day; and
• absence during core hours requires prior approval by CSIRO.

(c) Employees Excluded from Flextime

Flextime is not available to the following employees:

(i) employees above classification level 4;

(ii) employees performing shift work; and

(iii) employees employed on a casual basis in accordance with clause 6.6.

(d) Maximum Flex Credits

A maximum of 10 hours flex credit may be accrued in each pay fortnight unless otherwise approved by CSIRO. A maximum of 60 hours flex credit may be accrued.

(e) Maximum Flex Debit

The maximum flex debit at the completion of any pay fortnight is 10 hours. Debits in excess of 10 hours at the end of each pay fortnight must be covered by the submission of a leave application.

(f) Leave Not to Exceed 7 hours 21 minutes

Flex credits may be taken as time off in conjunction with other forms of leave provided that the total authorised leave on any day does not exceed 7 hours 21 minutes.

9. Breaks

9.1 Unpaid meal breaks

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

9.2 Minimum Break between Periods of Work

Where an employee entitled to payment for overtime performs overtime duty for a period which results in the employee not having a break of at least eight continuous hours between the time the employee ceases ordinary duty on one day and before the time at which the employee’s hours of duty are to commence on the next succeeding day, the employee is entitled, unless the employer specifically requires the employee to resume or continue duty, to be absent from duty, without loss of salary, until the employee has been off duty for a continuous period of eight hours from the time when the employee ceased to perform overtime duty:

(a) Provided that where the employee is required by CSIRO to resume or continue duty without having had eight consecutive hours off duty the employee will be paid at 200% of the ordinary hourly rate from the commencement of the employee’s ordinary hours of duty until the employee is released from duty at which time the employee will be entitled to be absent for a continuous period of not less than eight hours without loss of pay.

(b) For the purposes of clause 9.2(a), an employee will be deemed to be on duty:

(i) whilst travelling from the employee’s place of residence to the employee’s place of employment for the purpose of performing overtime duty; and

(ii) whilst returning to the employee’s place of residence after ceasing to perform overtime duty.

Part 4—Wages and Allowances

10. Minimum wages

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

Employee Classification	Annual (Full-time employees)	Weekly (Full-time employees)	Hourly (other than casual employee)
	$	$	$
Level 1	37,316	715.32	19.46
Level 2 ("standard rate")	41,241	790.56	21.51
Level 3	49,198	943.09	25.66
Level 4	59,267	1,136.11	30.91
Level 5	67,517	1,294.26	35.22
Level 6	73,462	1,408.22	38.32
Level 7	87,217	1,671.89	45.49
Level 8	101,726	1,950.02	53.06
Level 9	129,950	2,491.05	67.78

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

10.2 Cadets—Full-time Study

An adult employee who is employed as a cadet, will be paid an annual salary of $27,219 during periods of full-time study.

10.3 Trainees

(a) CSIRO traineeships apply to individuals undertaking structured on the job training together with accredited courses of study. All designated traineeship positions will detail required levels of attainment and be designed to develop the competencies and performance standards required for one of the classification levels detailed in Schedule A.

(b) The remuneration of individuals designated as CSIRO trainees will be a percentage of the salary appropriate to the classification level referred to in 10.3(a). The percentage will be determined on the basis of the level of attainment measured against the previously agreed training objectives. Acceptable levels of attainment are required in both education and application of outcomes to work.

(c) An individual undertaking a training program, which is structured to provide one or more levels of attainment, will be entitled to payment at a rate calculated by applying one of the following percentages to the salary determined in accordance with 10.3(b):

	%
One level of attainment
Level 1 (commencing salary)	50
Two levels of attainment
Level 1 (commencing salary)	50
Level 2	75
Three levels of attainment
Level 1 (commencing salary)	50
Level 2	70
Level 3	90
Four levels of attainment
Level 1 (commencing salary)	50
Level 2	62.5
Level 3	75
Level 4	90

(d) A CSIRO trainee is obliged to work in accordance with the training plan. The trainee will be deemed to be at work when attending required training.

(e) Failure to achieve the training or work objectives within the required time frames may result in termination of the traineeship.

10.4 Payment of wages

Payment of wages is dealt with in section 323 of the Act.

10.5 Enhanced Responsibilities Allowance (ERA)

(a) In this clause the following definitions apply:

management responsibilities means responsibilities for the management of staff or facilities or financial resources, or a combination of these.
approved leave with pay includes all paid leave except long service leave.

(b) Allocation of additional responsibilities

CSIRO may direct an employee to temporarily perform duties additional to or in substitution for, those usually associated with the employee’s role.

(c) CSIRO may approve payment of ERA

CSIRO may approve the payment of an enhanced responsibilities allowance to the employee where, for a period of no less than five working days:

(i) An employee is directed to, and temporarily performs, management responsibilities which are additional to, or in substitution for, the employee’s normal responsibilities; and

(ii) The extra responsibilities are associated with an existing job at a level in the classification structure higher than the level of the employee, and are the result of:

• the temporary absence of the job’s occupant; or
• the job becoming vacant; or
• a temporary requirement for additional assistance, and

(iii) Where CSIRO determines the changed responsibilities add significantly to the value to CSIRO of the employee’s work.

(d) ERA based on a higher salary

Enhanced responsibilities allowance will be payable in respect of the period during which the employee performs the additional or substituted management responsibilities. Payment will be equal to the difference between the employee’s salary and a relevant higher salary, as determined by CSIRO.

(e) Long-term ERAs — variation of rate of payment of ERA

An employee who has been in receipt of enhanced responsibilities allowance for a period of at least 12 months may have their rate of payment varied by CSIRO to take account of performance related salary movements.

(f) ERA during leave

Where an employee, who at the time of proceeding on approved leave with pay, is receiving an enhanced responsibilities allowance, such allowance will continue to be paid where CSIRO agrees that the allowance would have been paid but for the grant of the leave. Where an employee takes approved leave with pay which is less than leave on full pay, the payment of an allowance will be made on a pro-rata basis.

(g) Shiftwork

ERA will be regarded as salary for the purposes of calculating penalty rates under clause 14.

(h) Overtime

ERA will be regarded as salary for the purposes of calculating overtime under clause 15.

10.6 Supported wage system

See Schedule D—Supported Wage System.

10.7 National training wage

See Schedule E— National Training Wage.

11. Allowances

11.1 Allowance rates

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

11.2 Application of allowances

Unless otherwise specified in this clause 11 allowances:

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

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

11.3 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, and who is required to provide first aid services in addition to normal duties, must be paid as follows:

(a) Provide First Aid (registered training reference HLTAID003) or equivalent qualification – an annual amount of $553.39;

(b) Provide Advanced First Aid (registered training reference HLTAID006) or equivalent qualification – an annual amount of $687.79; or

(c) Occupational First Aid (registered training reference HLTSS00027) or equivalent qualification – an annual amount of $837.99;

11.4 Australian Animal Health Laboratory Allowance

(a) In the clauses about this allowance:

secure area includes a specific pathogen free area, and
day includes any part or parts of a single day.

(b) Payment of Australian Animal Health Laboratory Allowance

(i) An employee employed at the Australian Animal Health Laboratory will be paid an annual site allowance of $695.69 in recognition of the limitations placed upon staff at this site in relation to the keeping of animals and on the location of residence.

(ii) A secure allowance will be paid to employees required to work within the secure area of the laboratory in recognition of the limitations regarding contact with certain animals and the places such animals are kept and the unique features associated with work in the secure area. This allowance will be determined from the following table according to the number of days in the previous 12 months on which CSIRO required the employee to enter the secure area of the Australian Animal Health Laboratory:

Number of Days	Maximum Annual Allowance $
5–40	126.49
41–80	371.56
81 or more	751.03

(iii) The secure allowance will be calculated annually as at 30 June and paid in the second pay period following.

(iv) The allowance paid under this clause 11.4 will be regarded as salary for the purposes of calculating penalty rates and overtime.

11.5 Diving Allowance

The Diving Allowance is paid to employees who undertake diving in the course of their duties. Diving allowance will be paid daily at the rate of $29.88.

11.6 Reimbursement for Purchase and Maintenance of Equipment

CSIRO will reimburse employees for any costs incurred in the purchase or maintenance of diving equipment used for work purposes, registration or other statutory requirements for divers.

11.7 Meal Allowance

(a) A meal allowance of $26.73 is payable where an employee works overtime as defined in clause 15 and duty commences:

(i) immediately after a period of ordinary duty to the completion of or beyond a meal period, without a break for a meal; or

(ii) after completion of ordinary hours of duty and after a break for a meal following completion of ordinary duty, and the employee is not entitled to payment for that meal break; or

(iii) before the commencement of ordinary hours of duty, and the employee breaks for a meal and is not entitled to payment for that meal break; or

(iv) on a day on which the employee would not normally perform duty, and extends beyond a meal break, and the employee is not entitled to payment for that meal break.

(b) Alternative Meal Period Arrangements:

CSIRO and an individual or group of employees may agree to change the meal periods defined in Schedule F, provided that such an arrangement includes not less than four meal periods in the 24 hour cycle.

11.8 Excess travel time

(a) For the purposes of this clause 11.8:

usual place of work means:

(i) for employees who are required ordinarily to work day by day at the same fixed place of work – the place so fixed by CSIRO; and

(ii) for employees whose place of work is variable within a specified district – a place within that district fixed by CSIRO.

(b) Employees not entitled to excess travelling time

An employee in receipt of a salary which exceeds 111% of the standard rate will not be entitled to payment for excess travelling time. The maximum hourly rate will be ascertained by regarding the salary received as 108% of the standard rate multiplied to give an annual amount.

(c) Payment for excess travelling time

(i) Payment will be made for time necessarily spent in travelling, exclusive of overtime duty, in excess of:

• the employee’s ordinary hours of attendance for the day; and
• the time necessarily spent travelling to and from the employee’s usual place of residence and the employee’s usual place of work;
• provided that in the case of employees specified in 11.8(a)(ii) a minimum time of 20 minutes each way will apply.

(ii) Payment for excess travelling time will be made at the following rates:

• ordinary rates of pay on Mondays to Saturdays; and
• 150% of the ordinary hourly rate on Sundays and public holidays.

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

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

12.2 Employer contributions

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

12.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 12.2.

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

(c) The employer must pay the amount authorised under clauses 12.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 12.3(a) or (b) was made.

12.4 Superannuation fund

Unless, to comply with superannuation legislation, CSIRO is required to make the superannuation contributions provided for in clause 12.2 to another superannuation fund that is chosen by the employee, CSIRO must make the superannuation contributions provided for in clause 12.2 and pay the amount authorised under clauses 12.3(a) or (b) to one of the following superannuation funds or its successor:

(a) Public Service Superannuation Accumulation Plan;

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

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

13. Sea Duty

13.1 This clause applies to all employees CSIRO requires to be onboard a vessel at sea for periods in excess of 24 hours.

13.2 In this clause 13 relating to sea duty:

Annual salary means the annual rate of pay listed in 10.1.
A vessel is defined to be at sea from the time it leaves a wharf or anchorage at the start of a cruise until it returns to a wharf or anchorage at the completion of the cruise.
cruise includes a leg of a cruise.
CSIRO supervisor means the CSIRO employee onboard a vessel in charge of CSIRO employees.
Normal fortnightly pay means the fortnightly rate calculated as follows:

Annual Salary	x	12
313

plus any allowances due and payable to the employee and deemed by this award to be salary. Daily allowance payments made in accordance with 13.3 are not to be included as part of the employee’s normal fortnightly pay.
Rotating watch system includes rostered duty of 12 hours on and 12 hours off; or other rostered arrangements based on a nominal ratio between time on duty and time off duty of 1:1, as agreed between CSIRO and the employee affected.
Seagoing duty means duty performed by an employee on a vessel at sea of a nature determined by cruise objectives or vessel operations and includes duty on a rotating watch system; or other irregular duty as required by the CSIRO supervisor.
Transit duty means duty performed by an employee on a vessel at sea of a nature not determined by cruise objectives or vessel operations.

13.3 Daily Allowance

(a) In addition to an employee’s normal fortnightly pay, a daily allowance (seagoing duty) is payable for all periods of 24 hours, or on a pro-rata basis for part thereof, spent on a vessel at sea performing seagoing duty. The daily payment for seagoing duty is $269.58.

(b) In addition to an employee’s normal fortnightly pay, a daily allowance (transit duty) is payable for all periods of 24 hours, or on a pro-rata basis for part thereof, spent on a vessel at sea performing transit duty. The daily payment for transit duty is $20.40.

(c) Employees at sea will be entitled to any fixed payment for minor expenses generally applicable to staff travelling on CSIRO business.

13.4 Conversion of Allowance to Time-off-in-Lieu:

(a) At the end of a cruise, an employee will be entitled to convert daily payments for seagoing duty due under clause 13.3 in respect of the cruise, to paid time off work credits, up to a maximum credit of five working days in respect of any one cruise. The rate of conversion will be one daily payment of 119% for one day off work.

(b) To convert payment to time off work credits, the employee must notify CSIRO in writing of the number of days to be converted prior to receiving payments under 13.3.

(c) Subject to clause 13.4(d), paid time off work credits will be available for use by the employee for a period of six months commencing on the date of conversion (the settlement period). At the end of the settlement period, any unused credits that have not been applied for will lapse. Where an employee has applied for but been refused access to credits during the settlement period, the settlement period will be extended by six months. Any credits not taken by the end of the extension will be converted back to a daily payment and paid out to the employee.

(d) An employee may access time off work credits by making an application in writing to CSIRO specifying the proposed period of absence and seeking CSIRO’s agreement that it is convenient for the employee to be absent for that period. CSIRO will not unreasonably withhold its agreement. A grant of time off work will be debited against the employee’s credit.

13.5 Maximum Periods of Duty

(a) No employee will:

(i) be required to work in a single continuous session for more than five hours without a minimum break from duty of 30 minutes;

(ii) perform in excess of 30 hours total duty in any continuous 48 hour period;

(iii) be directed to work more than 16 hours in any continuous 24 hour period; or

(iv) be directed to work for more than 12 hours continuously in any watch inclusive of breaks.

(b) If the safety of the vessel or CSIRO employees is in jeopardy, or scientific equipment is at risk, clause 13.5(a) may be set aside in full or part at the discretion of the CSIRO supervisor and with the agreement of the ship’s master.

13.6 Rosters

The following will be observed in the preparation of employee rosters:

(a) The CSIRO will advise employees in writing of the periods of seagoing and transit duty to be performed on each cruise prior to the commencement of the cruise.

(b) No employee will be rostered onboard a vessel at sea for more than 85 days in any calendar year except with the written consent of the employee concerned.

(c) An employee may be rostered for seagoing duty while confined to a vessel at sea on any day inclusive of Saturday, Sunday and public holidays.

(d) The minimum rostered period of seagoing duty will be 4 consecutive periods of 24 hours, or the period of the completion of the cruise, whichever is the lesser.

(e) The minimum period of transit duty will be 3 consecutive periods of 24 hours, inclusive of Saturday, Sunday and public holidays, or the period to the completion of the cruise following a period of seagoing duty, whichever is the lesser.

(f) The CSIRO supervisor may change an employee’s rostered duty while at sea from seagoing to transit duty, or vice versa provided that where 72 hours' notice of the roster change is not given, affected employees will receive payment in lieu of the period that the notice falls short of 72 hours at the seagoing duty rate.

(g) During periods of transit duty, an employee will, on days other than Saturday, Sunday and public holidays, perform duty consistent with their shore-based duty for periods of 7 hours 21 minutes between the hours 6:00 am and 6:00 pm.

Part 5—Penalties and Overtime

14. Penalty rates

14.1 Penalty rates—shiftworkers other than casuals

(a) An employee who is rostered to perform and performs ordinary duty in the following circumstances will be paid the applicable penalty rates:

(b) Payment will be calculated to the nearest quarter of an hour of the total amount to be claimed in each fortnightly period.

(c) See Schedule B—Summary of hourly rates of pay for a summary of rates of pay including penalties.

14.2 The additional payment prescribed in this clause 14 will not be taken into account in the calculation of overtime or in the determination of any allowance based upon salary, nor will it be made with respect to any shift for which any other form of penalty payment is made.

14.3 Penalty rates—casuals

Where an employee performs ordinary duty outside the period Monday to Friday, 6:00 am to 6:00 pm, the employee will be paid the applicable penalty rates:

14.4 Rostered duty on a holiday

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

(b) If it is not practicable to grant such a day’s leave under clause 14.4(a), the employee will be paid for one day at the ordinary rate of pay in lieu of time off duty.

14.5 Penalty rates—ordinary hours worked on weekends by non shiftworkers

Where an employee who is not a shiftworker is required to undertake duty on a Saturday or Sunday that forms part of the employee's ordinary hours of attendance for the week, the employee will be paid as follows:

14.6 For the avoidance of doubt, where an employee is entitled to payment under clause 14.5 for ordinary hours worked on a Saturday or Sunday, the employee is not entitled to overtime payment for those hours.

15. Overtime

15.1 Overtime – general requirements

(a) An employee may, wherever it is necessary to bring up arrears of work or to meet pressure of business, be required to perform duty outside the usual hours. Every employee will, where such requirement is reasonable, remain after the usual hours of duty to complete work considered necessary to be done on the same day.

(b) Employees must be paid for overtime but only if the overtime was authorised by CSIRO.

(c) The weekly hours of duty for overtime calculation will be 36.75 hours. Overtime will be calculated to the nearest quarter of an hour of the total amount of overtime in each fortnightly period.

15.2 Employees not entitled to overtime

(a) The following employees will not be entitled to payment for overtime:

(i) Employees whose salary (including any allowance in the nature of salary) is equal to or greater than the minimum for classification level 5 (as specified in Schedule A—Classification Definitions);

(ii) Employees not working under close supervision;

(iii) Employees whose hours of attendance cannot be definitely determined such as employees whose duties comprise caretaking work; and

(iv) Employees who do not record their attendance.

(b) The CSIRO may, in special circumstances, exempt an employee in clause 15.2(a)(i) from this provision.

15.3 Definition of overtime—employees other than shiftworkers and casuals

Work is considered overtime for an employee who is not a shiftworker or casual (and who is entitled to overtime) where the employee is directed to work:

(a) in excess of 36.75 hours per week;

(b) Monday to Friday, outside the attendance bandwidth;

(c) Monday to Friday, during the attendance bandwidth but beyond the length of time the employee is ordinarily required to work on the day concerned;

(d) on a Saturday, other than rostered duty on Saturday morning for which equivalent time off is subsequently granted as specified in this award;

(e) on a Saturday or Sunday which does not form part of the employee's ordinary hours of attendance for the week;

(f) on a public holiday as defined in clause 20.

15.4 Definition of overtime—shiftworkers other than casuals

Work is considered overtime for a shiftworker who is not a casual (and who is entitled to overtime) where the employee is directed to work:

(a) in excess of 36.75 hours per week; or

(b) in excess of the employee's rostered hours one day.

15.5 Overtime rates – employees other than casuals

(a) Where an employee (other than a casual) works overtime, CSIRO must pay the employee overtime rates as follows:

For overtime worked on	Overtime rate
Monday to Friday	150%
Saturday—first 3 hours (employees other than shiftworkers)	150%
Saturday— after 3 hours (employees other than shiftworkers)	200%
Saturday—all day (shiftworkers)	200%
Sunday all day	200%
Public holiday	250%

See Schedule B— Summary of hourly rates of pay for a summary of overtime rates.

(b) The penalty rates set out in clause 14 are not paid for overtime hours worked by an employee.

15.6 Definition of overtime—casual employees

(a) Work is considered overtime for an employee who is a casual (and who is entitled to overtime) where the employee is directed to work:

(i) in excess of 36.75 hours per week; or

(ii) in excess of 7 hours 21 minutes on one day.

(b) A casual employee is not entitled to claim overtime if:

(i) the employee does not record his or her attendance; or

(ii) the employee is classified above classification level 4.

15.7 Overtime rates—casual employees

(a) Where a casual employee works overtime, CSIRO must pay the employee overtime rates as follows:

For overtime worked on	Overtime rate
Monday to Friday	150%
Saturday—first 3 hours (casuals other than shiftworkers)	150%
Saturday—after 3 hours (casuals other than shiftworkers)	200%
Saturday—all day (casual shiftworkers)	200%
Sunday all day	200%
Public holiday	200%

(b) The casual loading set out in clause 6.6(b) is not paid for overtime.

(c) The penalty rates set out in clause 14 are not paid for overtime hours worked by an employee.

15.8 Overtime over midnight

Where a period of overtime commences on one day and continues into the following day, the portion of the overtime worked on each day attracts the loading applicable to that day.

15.9 Time off instead of overtime payment

(a) An employee may elect, with the consent of CSIRO, to take time off instead of payment for overtime at a time or times agreed with CSIRO.

(b) The employee may take one hour of time off for each hour of overtime, paid at the employee’s ordinary hourly base rate of pay.

15.10 Adjustment of hours—holidays and leave

Where overtime is calculated on a weekly basis and an employee is absent on 1 or more days or half days during the week on authorised leave or on account of public holidays or half holidays, the number of hours to be worked before overtime can be claimed will be reduced by the time which the employee would ordinarily have worked on those days or half days.

15.11 Overtime not continuous with Ordinary Duty

Where an employee is required to perform overtime duty, and such duty is not continuous with ordinary duty, the minimum overtime payment payable for each separate overtime attendance will be for four hours at the prescribed overtime rate, except where the employee is in a restriction situation, as specified in clause 15.14.

15.12 Meal periods

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.

15.13 Overtime spanning midnight

(a) Where an overtime attendance not continuous with ordinary duty involves duty both before and after midnight, the minimum payment provisions of this clause will be satisfied when the total payment for the whole of the attendance equals or exceeds the minimum payment applicable to one day.

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

15.14 Restriction duty

(a) CSIRO may direct an employee to be contactable and remain available to perform extra duty outside that employee’s normal hours of duty. Restriction situations must be approved by CSIRO in writing. Where circumstances do not permit prior written approval, such approval may be granted retrospectively.

(b) Categories of restriction:

(i) Close Call

The employee is, or may be, required to attend for extra duty of an emergent character some time before the employee’s next normal time of commencing duty and the employee is to remain contactable and available for immediate recall to duty and:
• commence the return journey within five minutes of the recall; and,
• at all times be able to report for duty at the workplace within 35 minutes of the recall.
In special circumstances, owing to staffing or operational reasons, an employee who cannot meet the foregoing requirements may be deemed to be in close call category if able to return to the worksite within 45 minutes from the time of recall.

(ii) On Call

The employee is, or may be, required to undertake extra duty some time before the employee’s next normal time of commencing duty and the employee is to remain contactable and available to return to duty within a reasonable time of being recalled having regard to the consequences of any undue delay.

(c) Payment Eligibility

(i) Employees whose salary, including allowances specified in clauses 10.5 and 11.4, is equal to or greater than the minimum salary of classification level 5 (as specified in Schedule A—Classification Definitions) will not be eligible to receive payment unless CSIRO specifically approves this payment. If payment is approved, payment for restriction duty will be calculated by substituting 162% of the standard rate for the employee’s salary in calculating the annual salary from the hourly rate.

(ii) Where an employee performs overtime duty whilst in any restriction situation specified in this clause 15.14, the minimum payment payable under this clause for each separate overtime attendance will be for three hours.

(iii) Where more than one attendance is involved this minimum payment provision will, subject to a minimum payment of three hours, not operate to increase an employee’s additional payment beyond that to which the employee would have been entitled had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance.

(d) Payment Rates

(i) Close Call

An employee who is subject to close call restriction will be paid an allowance at the rate of:
• 7.5% of the employee’s hourly rate of salary for each hour restricted Monday to Friday;
• 10% of the employee’s hourly rate of salary for each hour restricted Saturday and Sunday; and
• 15% of the employee’s hourly rate of salary for each hour restricted on public holidays.

(ii) On Call

An employee who is subject to on call restriction will be paid an allowance at the rate of:
• 3.75% of the employee’s hourly rate of salary for each hour restricted Monday to Friday;
• 5% of the employee’s hourly rate of salary for each hour restricted Saturday and Sunday; and
• 7.5% of the employee’s hourly rate of salary for each hour restricted on public holidays.

(iii) Restriction duty is payable for each hour or part hour the employee is restricted outside the employee’s ordinary hours of duty.

(e) Allowances included in salary rate

An employee’s salary for the purpose of calculation of restriction duty payments will include allowances specified in clauses 10.5 and 11.4.

(f) No concurrent payment

Any part of a period of restriction in respect of which the employee receives payment other than in accordance with this clause 15.14 will not be included in the period of restriction for calculating payments.

(g) Availability

No payment will be made to an employee for any period in which the employee does not remain contactable or at the required degree of readiness to perform extra duty.

(h) Rosters for regular restriction should be developed in consultation with the employees involved, having regard to issues such as family responsibilities and individual circumstances.

15.15 Minimum overtime payment

(a) Duty not at work

Where an employee who has been restricted is required to perform duty, but is not required to be recalled to work, payment will be made in accordance with clause 15.5, subject to a one hour minimum payment.

(b) Duty at work

Where an employee who has been restricted is recalled to duty at a place of work, payment will be made in accordance with clause 15.5, subject to a three hour minimum payment.

(c) Duty on more than one occasion

Where an employee is required to perform duty on more than one occasion, the minimum payment provisions of 15.5(a) and 15.5(b) will not operate to increase the overtime payment beyond that which would apply had the employee remained on duty from the commencing time of the first duty to the completion of the subsequent duty.

Part 6—Leave, Public Holidays and other entitlements

16. Annual leave

16.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees. The NES provides four weeks paid leave per year.

16.2 Additional annual leave

Employees who are regularly rostered for Sunday and holiday duty forming part of the ordinary hours of attendance will receive seven consecutive calendar days of annual leave, in addition to the annual leave provided under the NES.

16.3 Anticipation of annual leave

(a) Where an employee has more than 3 months' service, CSIRO may grant the employee annual leave which exceeds the annual leave credit of the employee. Such leave will not exceed the employee’s weekly ordinary hours of duty.

(b) Where an employee ceases employment with a negative annual leave balance CSIRO will recover the amount owing.

16.4 Cashing out annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 16.4.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 16.4.

(c) CSIRO 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 16.4 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 16.4 must be signed by CSIRO and the 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) CSIRO must keep a copy of any agreement under clause 16.4 as an employee record.

Note 1: Under section 344 of the Fair Work Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 16.4.

Note 2: Under section 345(1) of the Fair Work Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 16.4

16.5 Payment for annual leave

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

(b) A shiftworker on approved leave will, for the period of the annual leave, receive the payments the employee would have received under clause 14 had the employee not been on recreation leave.

17. Personal/carer’s leave and compassionate leave

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

17.2 In addition to the personal/carer’s leave provided for in the NES, employees are entitled to five additional days of personal/carer’s leave as defined in the NES and this clause. This leave is paid at the employee's ordinary rate of pay.

17.3 Personal leave taken for the five additional days provided under clause 17.2 does not require the production of a medical certificate or other evidence in support. Notwithstanding, an employee will not take more than three consecutive days of personal leave without providing a medical certificate.

17.4 In addition to the compassionate leave entitlements in the NES, employees are entitled to one additional day of compassionate leave per occasion.

17.5 Personal/carer’s leave and compassionate leave are not paid on termination of employment.

18. Parental leave and related entitlements

18.1 Parental leave and related entitlements are provided for in the NES. The below provisions supplement the NES.

18.2 This provision applies to all employees who are entitled to paid personal/carer's leave.

18.3 For the purposes of this clause 18, confinement means the birth of a child, or other termination of the pregnancy, that occurs not earlier than 20 weeks before the expected date of birth.

18.4 Paid leave entitlement

An eligible employee is entitled to up to 12 weeks paid leave. The rate of pay for the period of paid absence will be calculated as for sick leave on full pay.

(a) Where an employee becomes eligible for payment under this clause during the first 12 weeks of her maternity leave absence, she can receive payment for the period between becoming eligible for payment and the end of the first 12 weeks of maternity leave absence.

(b) Where an officer eligible for paid maternity leave resumes duty during the first 12 weeks of her maternity leave absence, she retains the right to resume paid maternity leave at any time up to a maximum of 12 weeks' paid leave.

18.5 An employee is an eligible employee if the employee is female and has completed 12 months’ continuous service, either:

(a) under the Public Service Act 1999 (Cth); or

(b) with an authority, or as a person, prescribed by the Maternity Leave Regulations under the Maternity Leave (Commonwealth Employees) Act 1973 (Cth); or

(c) with any employing authority established for a public purpose by a Commonwealth statute.

18.6 Specified term employees

Whilst specified term employees may be entitled to periods of paid or unpaid maternity leave, such leave can only be approved for periods occurring within the duration of their appointment. No leave can be approved to take effect after the intended date of expiry of the employment.

18.7 Maternity leave—grant of leave

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

19. Community service leave

Community service leave is provided for in the NES.

20. Public holidays

20.1 Public holiday entitlements are provided for in the NES.

20.2 Where CSIRO and an 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.

20.3 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 prescribed in 15.5, as appropriate.

20.4 An additional holiday within the Christmas/New Year period will apply according to the following table:

20.5 The additional holiday will be paid at the employee's ordinary rate of pay.

21. Termination of employment

21.1 Notice of termination is provided for in the NES.

21.2 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of CSIRO, 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, CSIRO may withhold from any monies due to the employee on termination, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by the NES, less any period of notice actually given by the employee.

22. Redundancy

22.1 Redundancy pay is provided for in the NES. These provisions supplement the NES.

22.2 These provisions do not apply to an employee appointed on probation whose appointment has not been confirmed or to an employee appointed for a specified term or as a casual employee.

22.3 Excess Employees

An employee is redundant if their employment is terminated as a consequence of:

(a) the employee's inclusion in a group of employees which comprises a greater number of employees than is necessary for the efficient and economical working of CSIRO;

(b) technological or other changes in the work methods of CSIRO or changes in the nature, extent or organisation of the functions of CSIRO which mean that the employee’s services can no longer be used; or

(c) the duties usually performed by the employee moving to be performed in a different locality and the employee not being willing to perform duties at that locality.

22.4 Redundancy Pay

An employee who is made redundant is entitled to payment of two weeks' salary, based on their ordinary hours of work, for each completed year of continuous service plus a pro rata payment for completed months of continuous service since the last completed year of continuous service, provided that:

(a) there is a minimum payment of four weeks' salary and a maximum payment of 48 weeks' salary, subject to any minimum amount to which the employee is entitled under the NES.

(b) For the purposes of calculating any payment under this clause, salary will include:

(i) ERA where an employee has received payment for a continuous period of at least 12 months immediately preceding the date on which formal notice of redundancy is given;

(ii) Shift penalty payments where an employee has, during 50 per cent or more of pay periods in the 12 months immediately preceding the date on which formal notice of redundancy is given, been paid a penalty for shift work. ‘Weeks' salary’ will include the weekly average amount of shift penalty received during the previous 12 month period;

(iii) Other allowances in the nature of salary at the discretion of the CSIRO.

Note: Service and continuous service are defined in the Act and supplemented by these provisions.

22.5 Service for the Purposes of Redundancy Pay

For the purpose of calculating an entitlement in accordance with clause 22.4, “service” means:

(a) service in CSIRO;

(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 transferred from that organisation with a transfer of function; or

(ii) an employee engaged by that organisation on work within a function is appointed as a result of the transfer of that function to CSIRO and such service is recognised for long service leave purposes.

22.6 Service not to count as service for redundancy pay purposes

Any period of service which ceased in any of the following ways will not count as service for redundancy pay purposes: retrenchment; retirement on grounds of invalidity; inefficiency or loss of qualifications; forfeiture of office; dismissal; termination of probation appointment for reasons of unsatisfactory service; or voluntary retirement at or above the minimum retiring age applicable to the employee or with the payment of an employer-financed retirement benefit.

22.7 Earlier periods of service

For earlier periods of service to count there must be no breaks between the periods except where:

(a) the break in service is less than one month and occurs where an offer of employment with CSIRO was made and accepted by the employee before ceasing employment with the preceding employer; or

(b) the earlier period of service was with CSIRO and ceased because the employee was deemed by CSIRO to have resigned on marriage.

22.8 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.

22.9 Notice

An employee who is made redundant will receive four weeks’ notice of termination, except in the case of an employee over 45 years of age with at least two years continuous service for whom the period of notice will be five weeks. Where CSIRO specifies a termination date within the notice period, the employee’s employment will terminate on that date. The employee may request a date within the notice period and CSIRO may agree to that date. The employee will be paid at the ordinary rate in lieu of notice for the unexpired portion of the notice period.

22.10 Transfer to lower paid duties

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

22.11 Employee leaving during notice period

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

22.12 Job search entitlement

(a) An employee given notice of termination in circumstances of redundancy will be allowed reasonable leave with pay for the purpose of seeking other employment.

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

Part 7—Consultation and Dispute Resolution

23. Consultation

23.1 Consultation regarding major workplace change

(a) CSIRO to notify

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

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

(b) CSIRO to discuss change

(i) CSIRO must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 23.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(ii) The discussions must commence as early as practicable after a definite decision has been made by CSIRO to make the changes referred to in clause 23.1(a).

(iii) For the purposes of such discussion, CSIRO must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that CSIRO is not required to disclose confidential information the disclosure of which would be contrary to CSIRO’s interests.

23.2 Consultation about changes to rosters or hours of work

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

(b) CSIRO must:

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

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

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

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

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

23.3 Consultative mechanism

CSIRO and employees may establish a mechanism and procedures which enable them to communicate and consult about matters arising out of this award. Employees participating in these arrangements will not thereby suffer any loss of pay.

24. Dispute resolution

24.1 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.

24.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 24.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

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

24.4 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.

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

24.6 Leave of absence to attend proceedings

Where the provisions of 24.1 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 24.5 will be granted paid leave of absence to attend Fair Work Commission proceedings arising from referral of the matter in 24.2.

24.7 Leave of absence to attend short courses

To assist in the resolution of disputes, a representative referred to in clause 24.5 may be granted leave of absence on full pay 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 CSIRO.

24.8 Continuation of work

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

Schedule A
—Classification Definitions

The following classification level descriptors apply in relation to the CSIRO employee salary structure in clause 10:

A.1 Level 1

Under regular supervision, performs duties requiring limited skills, initiative or responsibility.

A.2 Level 2

Under general supervision, applies basic knowledge and/or skills to straightforward routines and procedures using readily available guidelines and advice.

A.3 Level 3

Under technical direction, applies knowledge and skills to a range of procedures and/or techniques. May be required to solve problems of limited complexity, determine priorities within assigned tasks, vary standardised procedures or techniques and adapt to changes in work procedures or technologies. Applies communication skills relevant to the work area.

A.4 Level 4

Under general direction, applies knowledge and skills to a specific task(s) involving the application or adaptation of a variety of procedures and techniques requiring specialised knowledge. Identifies and solves more complex problems, initiates and/or follows complex instructions or procedures. Accountability for resources and the capacity to respond to and assist in implementing change are commonly features of this level. Applies well developed communication skills relevant to the work area.

A.5 Level 5
A.5.1 Under limited direction, applies well developed knowledge and skills to one or more specific projects or services, requiring the development and adaptation of a wider variety of specialised procedures and techniques. Requires the ability to develop, test and evaluate complex options and issues. Planning, highly developed communication skills, capacity to initiate appropriate change and accountability for resources are commonly features of this level.

OR

A.5.2 Under limited direction about research project objectives and general approach, undertakes scientific or engineering research requiring originality, creativity and innovation and the application of scientific or engineering knowledge, expertise and skills in a limited area. Demonstrates basic ability in research planning and execution and the capacity to think in terms of fundamentals and create hypotheses.
A.6 Level 6
A.6.1 Within broad guidelines, manages one or more highly significant projects or services, or undertakes work that has impact on the development of scientific or technological knowledge, on industry or on the community. This requires the application of high levels of disciplinary expertise or managerial knowledge. Demonstrates broad insight and significant skills in areas of expertise. Ability to deal with concepts requiring well developed deductive, evaluative and investigative skills that lead to outstanding work. Leadership, planning and negotiation skills, accountability for resources, initiation and management of change and well developed representation skills are commonly features of this level.

OR

A.6.2 Within broad guidelines on research project objectives, undertakes scientific or engineering research requiring a considerable degree of originality, creativity and innovation and the application of expert scientific or engineering knowledge. Has demonstrated ability in research planning and execution, and the judgement and tenacity required to reach research goals. May provide leadership to staff within the project, and may be responsible for the management of human, financial and material resources.
A.7 QUALIFYING STATEMENT

In levels 3, 4, 5 and 6 of the above classification level descriptors, “knowledge and skills” refers to the appropriate level of professional, technical, administrative or managerial knowledge and skills as specified in the CSIRO Classification Manual (Threshold Competencies and Principal Employment Groups). Level 3 is the minimum appointment level for professional staff.

A.8 Level 7
A.8.1 Under broad guidance about objectives, manages a very significant administrative program. This requires a high degree of resource management and leadership ability. Has extensive expert knowledge, and considerable ability in planning and executing projects and implementing results. Typically provides expert administrative leadership to colleagues, with significant conceptual and creative input. Plans at the subprogram level, comprising a range of related projects, to meet objectives. Typically seeks, allocates and monitors significant resources. Has a significant role in negotiating complex, sensitive or contentious issues.

OR

A.8.2 Under broad guidance about research project objectives, undertakes scientific or engineering research requiring substantial originality, creativity and innovation and the application of expert scientific or engineering knowledge. Has proven capacity to identify research opportunities consistent with divisional objectives. Considerable ability in research planning, execution and/or ability to implement research results. The scientist’s or engineer’s research has had a significant influence on their field of research. Typically provides scientific or engineering leadership to more junior colleagues. May plan and provide project leadership to meet objectives and seek, allocate and monitor resources.

OR

A.8.3 Functions as a senior specialist.
A.9 Level 8
A.9.1 Under broad guidance about objectives, assists in the overall strategic management of a division or corporate unit or manages a major scientific, engineering or administrative program. This requires a high degree of resource management and leadership ability. Has extensive expert knowledge of his/her field, and outstanding ability in planning and executing programs and implementing results. Typically provides expert scientific, engineering or administrative leadership to colleagues, with significant conceptual and creative input.

Plans at the program level, comprising a range of related projects, to meet objectives. Seeks, allocates and monitors substantial resources. Has a major role in negotiating more complex, sensitive or contentious issues.

OR

A.9.2 Under broad guidance about research program objectives, undertakes outstanding scientific or engineering research requiring a high degree of originality, creativity and innovation. The scientist’s or engineer’s achievements represent a substantial advancement in scientific knowledge or for industry or for the community. Has extensive scientific or engineering knowledge, and outstanding ability in research planning, execution and/or implementing research results. Typically has an international reputation in a significant field of science or engineering or industrial application and provides expert scientific or engineering leadership to research colleagues. May plan at the program level, typically for multiple projects, to meet objectives and seek, allocate and monitor resources. May have a major role in negotiating complex, sensitive or contentious issues.

OR

A.9.3 Functions as a senior specialist.

Note: Special promotion criteria apply to advancement within this level.

A.10 Level 9
A.10.1 Responsible for the management of a research division or equivalent group. This requires outstanding strategic and resource management, and leadership and communication ability, coupled with sound understanding of the commercial application of scientific and technological innovations. Has extensive expert scientific, engineering or administrative knowledge, and outstanding ability in planning, execution and implementing results, combined with significant entrepreneurial skill. Provides pivotal leadership reflecting considerable vision matched by strategic planning skills, achievement, drive and focus on outcomes. Seeks, allocates, monitors and is accountable for very substantial human, financial and material resources. Carries overall responsibility for negotiating complex, sensitive and contentious issues.

OR

A.10.2 Has such eminence in a significant field of science or engineering that appointment as a CSIRO Fellow is warranted.

OR

A.10.3 Functions as a senior specialist.

Note: Special promotion criteria apply to advancement within this level.

Schedule B— Summary of hourly rates of pay
B.1 Full-time and part-time employees other than shiftworkers—ordinary rates

B.2 Full-time and part-time employees other than shiftworkers —overtime rates

B.3 Full-time and part-time shiftworkers—ordinary and penalty rates

B.4 Full-time and part-time shiftworkers—overtime rates

B.5 Casual employees other than casual shiftworkers—ordinary and penalty rates

B.6 Casual employees other than casual shiftworkers —overtime rates

B.7 Casual shiftworkers—ordinary and penalty rates

B.8 Casual shiftworkers—overtime rates

Schedule C— Summary of Monetary Allowances

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

C.1 Wage-related allowances

The wage related allowances in this award are based on the standard rate as defined in Schedule F as the minimum weekly wage for a Level 2 employee in clause 10.1 = $790.56.

C.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.

C.3 Expense related allowances
C.4 Adjustment of expense related allowances

At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Schedule D—Supported Wage System
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate

D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against CSIRO 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.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

D.4.2 Provided that the minimum amount payable must be not less than $82 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5 Assessment of capacity
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted CSIRO and the employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by CSIRO as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by CSIRO with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by 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.
D.7 Review of assessment

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

D.8 Other terms and conditions of employment

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

D.9 Workplace adjustment

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

D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, CSIRO 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.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $82 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where CSIRO and the employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.

Schedule E— National Training Wage
E.1 Title

This is the National Training Wage Schedule.

E.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

E.3 Coverage
E.3.1 Subject to clauses E.3.2 to E.3.5 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by clause E.7 or by clause E.5.4 of this schedule.
E.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause E.7
E.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.
E.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.
E.3.5 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
E.4 Types of Traineeship

The following types of traineeship are available under this schedule:

E.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
E.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.
E.5 Minimum Wages
E.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

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

(b) Wage Level B

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

(c) Wage Level C

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

(d) AQF Certificate Level IV traineeships

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

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

(e) School-based traineeships

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

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

E.5.2 Calculating the actual minimum wage

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

E.5.3 Other minimum wage provisions

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

E.5.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level in clause E.7 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

E.6 Employment conditions
E.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
E.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
E.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.

Note: The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause E.5.2(a) and not by this clause.

E.6.4 Subject to clause E.3.4 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
E.7 Allocation of Traineeships to Wage Levels

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

E.7.1 Wage Level A

E.7.2 Wage Level B

Schedule F— Definitions
F.1 In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)
CSIRO means the Commonwealth Scientific and Industrial Research Organisation
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
Division means a research unit of CSIRO headed by a Chief
employee means national system employee within the meaning of the Act
employer means CSIRO
FWC means Fair Work Commission
Meal period means the following periods:
• 7:00 am – 9:00 am
• 12:00 pm – 2:00 pm
• 6:00 pm – 7:00 pm
• 12:00 am –1:00 am
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
hourly rate means the hourly rate for the employee's classification specified in clause 10.1 plus any allowances specified as being included in the employee's ordinary hourly rate
Senior Manager means a CSIRO officer or affiliate who manages a Division, Portfolio or Function and may include an Executive Director, Chief of Division, Portfolio Leader, Flagship Director or General Manager of an Enterprise Services Group
SIR Act means the Science and Industry Research Act 1949 (Cth)
standard rate means the minimum weekly wage for a Level 2 employee in clause 10.1.
Union means a registered union which represents employees covered by this enterprise award.