MA000151  PR582044
FAIR WORK COMMISSION

ORDER


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

Commissioner for Public Employment
(EM2013/61)

NORTHERN TERRITORY PUBLIC SECTOR MODERN ENTERPRISE AWARD 2016
[MA000151]

Commonwealth employment

VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT KOVACIC
COMMISSIONER JOHNS

SYDNEY, 19 AUGUST 2016

Enterprise instrument modernisation – Northern Territory Public Sector Modern Enterprise Award 2016

1. Further to the decision issued in transcript the Fair Work Commission on 9 June 2016, and the further amended version of the Proposed Award filed jointly by the parties on 29 July 2016, the following modern enterprise award is made:

Northern Territory Public Sector Modern Enterprise Award 2016

2. The award is attached.

3. The following instruments are 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

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Northern Territory Public Sector Enterprise Award 2016

Table of Contents

Part 1— Application and Operation 3
1. Title and commencement 3
2. The National Employment Standards and this award 3
3. Coverage 3
4. Award flexibility 4
5. Facilitative provisions 5
Part 2— Types of Employment and Classifications 6
6. Types of employment 6
7. Classifications 8
Part 3— Hours of Work 9
8. Ordinary hours of work and rostering 9
9. Breaks 14
Part 4— Wages and Allowances 16
10. Minimum pay rates 16
11. Allowances 27
12. Superannuation 44
Part 5— Penalties and Overtime 45
13. Weekend and public holiday duty 45
14. Penalty rates – shiftworkers 47
15. Overtime 48
16. Restriction duty 56
17. Emergency duty 60
Part 6— Leave, Public Holidays and other entitlements 61
18. Annual leave 61
19. Personal/carer’s leave and compassionate leave 66
20. Parental leave 67
21. Leave to attend industrial proceedings 70
22. Public holidays 70
23. Termination of employment 71
24. Redundancy 71
Part 7— Consultation and Dispute Resolution 75
25. Consultation 75
26. Dispute resolution 77
27. Grievance and dispute resolution training 78
Schedule A —Definitions 79
Schedule B —Supported Wage System 82
Schedule C —National Training Wage 85
Schedule D —Class of work/designation – Physical 99
Schedule E —Summary of Monetary Allowances 104
Schedule F —Nurses and Midwives 111
Schedule G —Medical Officers 119
Schedule H —Fire and Rescue Service Employees 129
Schedule I – Teachers and Educators 141
Appendix I1: Special Schools 149
Appendix I2: Approved Isolated Schools 150
Appendix I3: Prescribed Remote Schools 152
Appendix I4: Specified localities 154
Schedule J – Port Services 155
Schedule K – School-based Administrative Officers 158
Schedule L —Relationship with Other Awards 162
Schedule M – Power and Water 163

Part 1—Application and Operation

1. Title and commencement

1.1 This award is the Northern Territory Public Sector Enterprise Award 2016.

1.2 This award commences on 19 August 2016.

1.3 This award supersedes the awards listed in Schedule L—Relationship with Other Awards. The replacement of the predecessor awards by this award does not affect any right or liability that a person acquired, accrued or incurred under a predecessor award.

1.4 Schedule A – Definitions sets out definitions that apply in this award.

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

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

2. The National Employment Standards and this award

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

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

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

3. Coverage

3.1 Enterprise

3.2 Employer

3.3 Employees

4. Award flexibility

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

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

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

4.3 The agreement between the employer and the individual employee must:

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

(b) result in the employee being better off overall 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 the employer and the individual employee must also:

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

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

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

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

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

4.5 The employer 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 the employer and the individual employee.

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

4.8 The agreement may be terminated:

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

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

4.9 The right to make an agreement pursuant to clause 4 is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

5. Facilitative provisions

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

5.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice.

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

Clause Number

Subject Matter

8.2(b)(iv)

Accrued day off system

8.2(c)(iv)

Ordinary hours of duty performed on six days of the week, Monday to Saturday inclusive

H.4.2

Span of ordinary hours – day workers of the Fire and Rescue Service

M.14.2

Annual overtime allowance

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

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

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

Part 2—Types of Employment and Classifications

6. Types of employment

6.1 The PSEM Act specifies the basis of engagement for an employee covered by this award (see s.29(3) of the PSEM Act which provides for employment on an ongoing, fixed period or casual basis).

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

6.3 Full-time employment

6.4 Part-time employment

(a) A part-time employee is an employee who works an agreed number of regular hours that is less than the ordinary hours of work applicable to an equivalent full-time employee under this award.

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

(c) An employee engaged on a full-time basis will not be required to convert to part-time employment nor to transfer without their consent to enable part-time employment.

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

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

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

(g) A part-time employee may be required to work reasonable additional hours in excess of the employee’s agreed hours of work. Payment in relation to additional hours of work, including overtime, will be in accordance with clause 15- Overtime of this award.

(h) Subject to clause 6.4(i), a regular part-time employee will be paid a minimum of:

(i) Clause 6.4(h) does not apply to:

6.5 Casual employment

(a) An employee engaged on a casual basis will be paid the hourly pay rate for their classification in clauses 10.3, 10.4 and Schedule M – Power and Water.

7. Classifications

7.1 Appropriate classification

(a) In accordance with sections 13(a), 13(g) and 14(2) of the PSEM Act, the job evaluation system and designations applied in the NTPS are determined by the Commissioner. Assessment of the appropriate structures and levels will be consistent with the job evaluation system applied in the NTPS for the following classifications contained in clause 10 – Minimum pay rates and Schedule M – Power and Water:

(b) Classification definitions for Nurse 1 and Nurse 2, see Schedule F.

(c) Classification and corresponding designation definitions for Medical Officer Level 1 to Medical Officer Level 24, see Schedule G.

(d) Classification definitions for Assistant Teacher and Classroom Teacher, see Schedule I.

(e) In accordance with sections 13(a), 13(g) and 14(2) of the PSEM Act, assessment of the appropriate structures and levels for classifications under this award, other than those listed in clauses 7.1(a) to (d) , will be consistent with the relevant Work Level Standards (WLS) as determined by the Commissioner. Any proposed variation to the WLS will be subject to consultation in accordance with clause 25.

Part 3—Hours of Work

8. Ordinary hours of work and rostering

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

8.2 Ordinary hours of work – day workers

8.3 School-based Administrative Officers – special provisions

8.4 Ordinary hours of work – shiftwork

(a) Clause 8.4 does not apply to Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

8.5 Split shifts

(a) Clauses 8.5(b) to (d) apply to Physical employees employed in the designation of Driver.

(b) An employee may be rostered to work ordinary hours in up to two periods of duty, exclusive of rest breaks. The two periods of work combined for ordinary hours will not exceed eight hours and will be completed on any one day within 12 hours of commencing duty.

(c) An employee on split shifts will be paid rates as follows:

(d) All authorised duty performed on any day after eight hours has been worked will be paid in accordance with the overtime rates in clause 15 - Overtime. For the purpose of calculating time worked, a non-working period separating periods of a split shift will not be included

(e) Notwithstanding the provisions of clause 8.4 – Ordinary hours of work - shiftwork, the ordinary hours of duty of Physical employees employed as catering assistants and other members of kitchen staff in the Tennant Creek Hospital who are required, disregarding meal breaks, to perform two separate periods of duty on any day, will not exceed 7.5 hours on any day and will be completed on any one day within 12 hours of commencing duty.

9. Breaks

9.1 Clause 9 does not apply to Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

9.2 Meal and rest breaks

Part 4—Wages and Allowances

10. Minimum pay rates

10.1 Payment of wages

(a) Unless otherwise agreed between the employer and the majority of employees in an Agency, employees will be paid fortnightly.

(b) Fortnightly pay will be calculated based on the following formula:

Fortnightly Pay = Annual Salary x 12

(c) On termination of employment, monies due to an employee under this award will be paid as soon as practicable by electronic funds transfer or by posting a cheque to the former employee’s last known address.

10.2 Annual and hourly pay rates

(a) Employees performing work within the classifications listed in clause 10-Minimum pay rates, will be paid not less than the annual rate applicable to the employee’s classification.

(b) Minimum hourly rates of pay will be calculated based on the following formula:

Hourly pay rate = Fortnightly Pay

10.3 NTPS classifications

(a) The minimum annual pay rate for an adult employee performing work in the following classifications is set out in the following table:

10.4 Agency specific classifications

(a) The minimum annual pay rate for an adult employee performing work in the following classifications is set out in the following table:

(b) For classifications and salary rates applicable to Power and Water employees, see Schedule M – Power and Water.

10.5 Juniors

(a) Clause 10.5 does not apply to Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

(b) Clause 10.5(c) does not apply to junior employees engaged in designations listed in and whose conditions of employment are governed by Schedule D—Class of work/designation - Physical and Department of Health employees.

(c) Employees who are younger than 21 years of age, who are not an apprentice or trainee, and who are employed in the classifications of:

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

(d) The applicable junior rates for employees whose conditions of employment are governed by Schedule D – Class of work/designation - Physical will be as follows:

10.6 Apprentice minimum wages

(a) Clause 10.6 does not apply to Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

(d) A person employed under this award immediately prior to entering into a training agreement as an adult apprentice with the employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the person has been an employee in the NTPS for at least six months as a full-time employee or 12 months as a part-time or casual employee immediately prior to commencing the apprenticeship. For the purposes only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 10.3 or 10.4 (as applicable) in which the adult apprentice was engaged immediately prior to entering into the training agreement.

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

10.7 National training wage

10.8 Supported wage system

10.9 Increments

(a) Clause 10.9 does not apply to Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

(b) Medical Officer pay progression and advancement, see Schedule G – Medical Officers.

(c) Nurse 1 (Enrolled Nurse) pay progression and advancement, see Schedule F

(d) For the following classifications and subject to clause 10.9(f), an employee will be entitled to progress one pay point within the pay scale for the employee’s classification after 12 months continuous service, or after 12 months broken service in the preceding 24 months, at a particular pay point:

(e) Incremental progression for Classroom Teacher level 5 to Classroom Teacher level 6 will be subject to an assessment in accordance with clause I.2.2(f) – Classroom Teacher Level 6 (CT6).

(f) This incremental progression is subject to:

(g) Senior Teacher levels 1 – 8 represent direct promotional salary points within the classification structure contained in this award.

(h) An employee under 21 years of age in a classification in which age rates are payable will progress in accordance with the age rates specified, unless (where applicable) the employee must comply with a condition of advancement determined by the Commissioner.

(i) An employee who is promoted on an ongoing basis will have included for incremental purposes any previous period during which the employee performed higher duties at the new classification level or a higher classification than the new classification level.

10.10 Higher duties

(a) Clause 10.10 does not apply to Fire and Rescue Service - all classifications. See Schedule H—Fire and Rescue Service employees for applicable provisions.

(b) Clause 10.10 does not apply to Power and Water – all classifications. See Schedule M—Power and Water for applicable provisions.

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

11. Allowances

11.1 Eligibility for allowances

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

11.2 Application of allowances.

(a) Allowances do not increase an employee’s ordinary hourly rate (and therefore do not affect the calculation of penalties or overtime rates).

(b) Allowances will be paid in addition to an employee’s ordinary rate of pay as contained in clause 10.3 – NTPS Classifications and clause 10.4 – Agency specific classifications, unless stated otherwise.

(c) Allowances will not count as salary or wages for any purpose and will not be paid during any period of leave, either with or without pay, unless expressly provided otherwise in this award.

(d) With the exception of clause 11.5—First aid allowance, allowances in clause 11 are not applicable to employees of the Fire and Rescue Service (see Schedule H—Fire and Rescue Service employees for applicable allowances).

(e) With the exception of clause 11.4 – Meal allowance, allowances in clause 11 are not applicable to Port Service Worker, Port Administrative Officer and Senior Port Administrative Officer. See Schedule J—Port Services for applicable allowances.

(f) Clause 11 does not apply to Power and Water – all classifications. See Schedule M—Power and Water for applicable provisions.

(g) Clause 11 does not apply to Assistant Teacher, Classroom Teacher and Senior Teacher. See Schedule I – Teachers and Educators for applicable provisions.

11.3 Allowance rates

11.4 Meal allowance.

(a) An employee who is required to work overtime after the end of ordinary duty, to the completion of or beyond a meal period without a break for a meal, will be paid a meal allowance of $20.62 or higher rate determined by the Commissioner in addition to any overtime.

(b) A meal period means the following periods:

(c) Meal allowance is also payable to an employee who is required:

(d) The amount of meal allowance payable under this clause 11.4 will be adjusted to equal the maximum amount required to obtain a three course meal where such a meal is obtainable by the employee at a canteen, cafeteria or dining room conducted, controlled or assisted by the employer.

11.5 First aid allowance

(a) Subject to clause 11.5(b), The following employees are eligible for first aid allowance in accordance with this clause:

(b) Clause 11.5 does not apply to:

(c) Subject to clause 11.5(d), where the Chief Executive Officer is satisfied that an employee holds a first aid qualification and it is necessary in the performance of the work of the Agency in which the employee is employed, they will be paid an allowance as follows:

(d) First aid allowance will only be payable where the currency of such qualifications is maintained in accordance with the requirements of the relevant Unit of Competency and/or Training Package endorsed by the Australian Industry and Skills Committee.

(e) Payable on leave:

11.6 Allowance for protective clothing

(a) Clause 11.6 does not apply to Nurses and Midwives.

(b) Where the employer requires an employee to wear protective clothing, the employer will provide protective clothing or pay an allowance in lieu thereof to an employee.

(c) All equipment and protective clothing provided by the Agency will remain the property of the Agency and will be accounted for by each employee when so required. When any item has become so worn that it is no longer adequate for its purpose, it will be replaced by the Agency without charge to the employee but any item which is lost or damaged through the negligence of the employee will be replaced at the expense of the employee.

(d) The cost of any article not returned to the Agency by an employee on termination may be recovered from any monies owing to that employee.

11.7 Janitor’s duties

(a) A janitor who lives on Agency premises will be required to perform a security check on all external doors and windows on Monday to Friday inclusive where the premises have been in use. The first hour of the security check will be unpaid and any additional time will be paid as time worked, provided that where such check is completed in less than one hour the janitor will be released from duty.

(b) A janitor who lives on Agency premises may also be required to perform overtime and security checks that have customarily been performed.

(c) In recognition of the above duties a janitor will be paid an allowance equal to accommodation and utilities including gas and/or electricity and water where such arrangements are not provided by the employer.

11.8 Excess travelling time

(a) Clause 11.8 does not apply to:

(b) An employee in receipt of a salary exceeding the minimum pay rate of the Administrative Officer level 4 will not be entitled to payment for excess travelling time.

(c) An employee who is travelling or on duty away from the employee’s usual place of work will be paid for time necessarily spent in travel or on duty (exclusive of overtime duty) in excess of:

(d) Travelling time includes:

(e) Travelling time does not include:

(f) An employee in a camping party is not entitled to payment of excess travelling time and is required to travel from camp to the place of work within the prescribed hours of work, returning from the place of work to the camp in their own time after ceasing duty, or vice versa as agreed with the employee.

(g) An employee may be required to work at any place within a specified district and to proceed to that place of work instead of the employee’s usual place of work. Any excess travelling time spent by the employee in proceeding direct to and returning from such a place of work will be dealt with as excess travelling time.

11.9 Accident allowance

(a) An employee will be paid an allowance equivalent to their ordinary time salary during a period of absence necessitated by physical injury sustained:

(b) Accident allowance will be paid for an absence necessitated by physical injury of up to four months or a longer period determined by the Commissioner.

(c) The amount of accident allowance payable will be increased by an amount reasonably incurred in transport, medical and hospital expenses as a result of the injury.

(d) An employee will be paid an allowance equivalent to half their ordinary time salary during a period of absence of up to three months necessitated by physical injury sustained in circumstances other than those in clause 11.9(a) and not attributable to wilful misconduct, or a longer period determined by the Commissioner.

(e) An employee paid an allowance in accordance with clause 11.9(d) may utilise available accrued personal leave entitlements on full or half pay to supplement the allowance to the level of their normal time salary.

(f) The amount of accident allowance payable in accordance with clause 11.9(d) will be increased by an amount reasonably incurred in transport and first aid expenses as a result of the injury

(g) Accident allowance is not payable where an employee receives benefits in respect of the injury at the same time under the Return to Work Act 1986 (NT) or the Northern Territory Motor Accidents (Compensation) Act 1979 (NT), as amended, but nothing in this clause will reduce the rights of an employee under those Acts.

(h) Where an amount of accident allowance or salary in respect of sick leave paid to an employee is reimbursed to the employer by the party responsible for the injury or their representative, no deduction of accident allowance or sick leave credits will be made from the employee injured.

11.10 Northern Territory allowance

(a) An employee with dependents employed on or after 1 August 1987 will be paid Northern Territory allowance of $960 per annum.

(b) An employee employed on or before 31 July 1987 will be paid Northern Territory allowance, as follows:

(c) Localities where the rate in clauses 11.10(b)(iii) and (iv) applies are:

(d) The amount of Northern Territory allowance payable to an employee under clause 11.10(b) is reduced by the amount of the salary increases payable in the first pay period on or after September 1987 and the first pay period on or after 1 July 1988.

11.11 Leave airfare allowance

(a) Clause 11.11 does not apply to:

(b) An employee who was:

(c) A dependent in clause 11.11(b) is an employee’s spouse or de facto partner, and children over the age of three years who:

(d) The amount of the allowance in respect of children is limited to the cost of an economy class return airfare which would be incurred after discount of any student concession or similar available discount.

(e) The allowance will be paid on the payday following the date of accrual as a taxable lump sum. An employee who elects not to be paid the allowance and who does not utilise the allowance prior to the next accrual date will receive payment of the allowance on the payday prior to the next leave airfare allowance accruing.

(f) An employee may accrue a maximum of three leave airfare allowances and on the date a fourth allowance accrues the first allowance lapses.

(g) The allowance is payable in respect of each person travelling during one period of leave or on one application.

(h) The allowance is not payable in respect of a period of leave without pay except when taken in conjunction with parental leave.

(i) On cessation of employment, an unused accrued leave airfare allowance in respect of the employee or dependent may be provided as a one-way entitlement.

(j) An employee entitled to receive leave airfare allowance in accordance with clause 11.11(b) may instead claim kilometre allowance at clause 11.12 and leave travelling time allowance at clause 11.13. An employee who so elects may at any time revoke the election and request payment of the leave airfare allowance.

(k) An employee employed on or before 31 July 1987 who was compulsorily transferred to the Northern Territory Public Sector will be paid leave airfare allowance of an amount equivalent to the cost of an economy class return airfare for the employee and the employee’s eligible spouse and recognised dependents between:

11.12 Kilometre allowance

(a) An employee may utilise leave airfare allowance under the provisions of clause 11.11 as kilometre allowance where the employee chooses to travel by road driving a private vehicle.

(b) The rate of kilometre allowance is at the rate per kilometre determined by the Commissioner for vehicle allowance, and an additional component determined by the Commissioner as passenger allowance rate.

(c) The maximum allowance payable is the lesser of the kilometre and passenger allowances, and the cost of a return airfare to Adelaide for the employee and recognised dependents travelling.

(d) If applicable, leave travelling time allowance is available in accordance with clause 11.13.

11.13 Leave travelling time allowance

(a) An employee who chooses to travel by private road vehicle and receive kilometre allowance in lieu of leave airfare allowance is entitled to additional travelling time, the maximum number of days of which will be determined by the Commissioner.

(b) Leave travelling time allowance will be provided only where a period of at least four weeks annual leave is utilised in conjunction with an entitlement to leave airfare allowance, and will not be provided in conjunction with any other leave.

(c) Leave travelling time allowance will be granted once only in a period of 12 months, and is not available on the cessation of duty.

(d) Where travel is undertaken to a destination other than Adelaide, the period of travelling time is calculated as one day for each 800 kilometres, less one day for each of the forward and return journeys, to a maximum determined by the Commissioner.

(e) The number of days travelling time will be added to the end of the period of leave during which the travel is undertaken and will include weekends and accrued days off but exclude public holidays.

11.14 Department of Health Employees – special allowances

11.15 Allowance for intermittent motor driving duties – juniors

(a) Subject to clause 11.15(b), the following employees are eligible for intermittent motor driving duties allowance in accordance with this clause:

(b) Clause 11.14(i) does not apply to Department of Health employees, and Physical employees engaged to perform the duties of school maintenance officer in the Department of Education.

(c) An employee who is less than 21 years of age and in receipt of a salary less than that applying to Physical 2, who is required to undertake intermittent driving duties as an incident of their employment involving the acceptance of full responsibility for the operation of a vehicle, will be paid an allowance, computed on a daily basis, to raise their salary to the base salary rate applying to Physical 2, for each day or part of a day on which they are so employed

11.16 Allowance for intermittent driving duties – School maintenance officers

11.17 Tool allowance

(a) Tool allowances only apply to eligible employees at the Physical Level 4 and above.

(b) Where an Agency does not provide all tools necessary for the performance of an employee’s duties, employees (including apprentices) performing trade work will be paid a weekly allowance.

(c) An employee will replace or repay the cost of any tools provided by the
Agency if lost through the employee’s negligence.

11.18 Leading Hands

(a) Subject to clause 11.18(b), an employee appointed as a leading hand will be paid the following rates:

(b) A Department of Health employee as described in clause 11.14(j) will be eligible for leading hand allowance, except that the maximum allowance payable will be $50.47 per week where the employee is in charge of more than 10 employees.

(c) For the purposes of clause 18.7, salary will be calculated by including the rate prescribed in clause 11.18 (leading hands) for the occupation in which the employee was ordinarily employed immediately prior to the commencement of annual leave or the termination of employment as the case may be.

11.19 Cleaning allowances

(a) Clause 11.19 applies to:

11.20 Physical Employees – special allowances

11.21 Government House allowance

11.22 Cleaners—Toilet cleaning duty

11.23 Motor (not being a tractor) drawing trailer

(a) for loaded single axle trailer $2.93 per day;

(b) for an empty single axle trailer $1.65 per day;

(c) for any other loaded trailer $3.67 per day;

(d) for any other empty trailer $2.05 per day;

11.24 Allowances payable on annual leave or in lieu thereof

(a) For the purposes of clauses 18.7(a) and 18.8, salary will be calculated by including the following allowances where applicable, and subject to the approval of the Commissioner, any other rate to which the employee is entitled for ordinary hours of work:

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. The rights and obligations in clause 12—Superannuation supplement those in superannuation legislation.

(b) Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, clause 12.4 – Default fund term below applies.

12.2 Employer contributions

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 – Employer contributions.

(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) and 12.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 12.3(a) and 12.3(b) was made.

12.4 Default fund term

(a) AustralianSuper;

(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 eligible choice fund and is a fund that offers a MySuper product;

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

Part 5—Penalties and Overtime

13. Weekend and public holiday duty

13.1 Clause 13 does not apply to:

13.2 Saturday duty

(a) Subject to clause 13.2(a)(i), an employee, other than a shiftworker, who is rostered to perform ordinary duty on a Saturday will be paid at the rate of 140% of the employee’s ordinary rate of pay.

(b) The period for which the additional payment for Saturday duty is paid will be calculated to the nearest quarter of an hour of the total claimed in a fortnightly period.

(c) The additional payment for Saturday duty will be made in respect of any duty an employee would have performed had the employee not been on approved annual leave.

13.3 Sunday duty

(a) An employee, other than a shiftworker, who performs duty between midnight on Saturday and midnight on Sunday not in excess of the ordinary weekly hours will be paid at the rate of 100% in addition to the ordinary rate of pay.

(b) Additional payment for Sunday duty not in excess of ordinary weekly hours will be made for duty an employee would have performed had the employee not been on approved annual leave.

13.4 Public holiday duty

(a) Public holiday means a holiday as prescribed in clause 22 – Public holidays.

(b) An employee, other than a shiftworker, who is required, whether rostered or not, to perform duty on a holiday not in excess of the ordinary weekly hours will be paid at the rate of 150% in addition to the ordinary rate of pay for the actual time worked on the holiday.

(c) Unless authorised by the Commissioner, an employee above the salary barrier is not eligible to receive payment for duty other than rostered duty or for overtime worked on a public holiday.

(d) The minimum extra payment payable under clause 13.4(b) for each separate attendance will be four hours in the case of employees who are not in any restriction situation specified in clause 16 – Restriction duty. (See clause 16 – Restriction duty for applicable minimum payments in a restriction situation.)

(e) For the purposes of clauses 13.4(b) and13.4(d):

13.5 Agency specific—Christmas falling in a Saturday or Sunday

(a) Clause 13.5 applies to Department of Health employees and Physical employees engaged in the provision of residential out-of-home care services in the Department of Children and Families. Includes day workers and shiftworkers.

(b) For the purposes of this clause and in relation to shiftworkers, the applicable Sunday duty and public holiday duty penalty rates for shiftworkers are to be read as those contained in clauses 14.6(d) (Sunday duty) and clause 14.6(e) (public holiday duty).

(c) Except as provided in clauses 13.5(d) and 13.5(e) an employee will be paid in accordance with the public holiday provisions of clauses 13.3 (Sunday duty) and 13.4 (Public holiday duty) for duty performed on 25 December.

(d) Where 25 December falls on a Sunday and 27 December is substituted as a holiday for either 25 or 26 December an employee who performs duty on both 25 and 27 December will be paid as follows

(e) Where 25 December falls on a Saturday and another day is substituted as a holiday for 25 December an employee who performs duty on both 25 December and on the substituted day will be paid as follows:

14. Penalty rates – shiftworkers

14.1 Definition

14.2 Clause 14 does not apply to:

(a) Assistant Teacher, Classroom Teacher, Senior Teacher

(b) Port Service Worker

(c) Port Administrative Officer and Senior Port Administrative Officer

(d) Nurses and Midwives – all classifications. See Schedule F – Nurses and Midwives for applicable provisions.

(e) Fire and Rescue Service – all classifications. See Schedule H – Fire and Rescue Service Employees for applicable provisions.

(f) Power and Water – all classifications – See Schedule M for applicable provisions.

14.3 Shiftwork payments will not be taken into account in the calculation of overtime or of any allowance based on salary, nor will they be paid in respect of any shift for which another form of penalty payment is made under this award.

14.4 Shiftwork payments will be made in respect of any shift duty the employee would have performed had the employee not been on approved annual leave.

14.5 The period for which shiftwork payments will be made will be calculated to the nearest quarter of an hour of the total amount worked in a fortnightly period.

14.6 In addition to the employee’s ordinary salary for the shift, a shiftworker will be paid shiftwork payments as follows:

(a) ordinary duty performed on a shift, any part of which falls between 5.30 p.m. and 6.00 a.m. – 15%

(b) ordinary hours worked continuously for a period exceeding four weeks on a shift falling wholly within the hours of 6.00 p.m. and 8.00 a.m. – 30%

(c) ordinary duty performed on Saturday – 50%

(d) ordinary duty performed on a Sunday – 100%

(e) ordinary duty performed on a public holiday – 150%

(f) The minimum additional payment payable for ordinary duty performed on a public holiday for each separate attendance is four hours.

(g) The provisions of clause 14.6(c) (Saturday duty) apply only to an employee who performs duty on:

15. Overtime

15.1 Overtime to be reasonable

15.2 General provisions

(a) Unless authorised by the Commissioner, an employee in a classification above the salary barrier is not eligible to receive overtime payment or time off in lieu of overtime payment.

(b) Overtime is to be worked by prior direction or, if circumstances do not permit prior direction, subsequently approved in writing.

(c) 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.

(d) An employee’s salary for the purpose of calculation of overtime will include higher duties and other allowances in the nature of salary. Shift penalty payments will not be taken into account in the computation of overtime.

(e) Overtime is calculated to the nearest quarter of an hour to the total amount of overtime worked in a fortnightly period.

(f) Overtime rates are expressed as a percentage of the applicable ordinary hourly rate (e.g. 150%, 200%, 250% etc.).

(g) The weekly divisor for the purposes of calculating hourly overtime will be 38, with the exception of overtime worked on Sunday and outside ordinary hours on public holidays by employees whose weekly hours are 36.75 in accordance with clause 8.2(b)(i), the divisor will be 36.75 hours.

(h) With the exception of clause 15.1—Overtime to be reasonable, clause 15—Overtime does not apply to employees of the Fire and Rescue Service and employees engaged in classifications contained in Schedule M—Power and Water. See Schedule H—Fire and Rescue Service employees or Schedule M—Power and Water for the applicable overtime provisions.

(i) Payments under clause 15.4 – Overtime rates employees other than shiftworkers, are not applicable to Assistant Teachers, Classroom Teachers and Senior Teachers.

15.3 Definition of overtime – employees other than shiftworkers

15.4 Overtime rates – day workers

(a) Where an employee in the following classifications (and designation where applicable) works overtime the employer must pay to the employee the overtime rates as follows:

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

(c) Where an employee whose employment conditions are governed by Schedule D – Class of work/designation – Physical works overtime the employer must pay to the employee the overtime rates as follows:

(d) Where an employee of the Department of Health or Physicals employed to perform the duties of school maintenance officer in the Department of Education or Physicals employed in the provision of residential out-of-home care services in the Department of Children and Families works overtime the employer must pay to the employee the overtime rates as follows:

(e) Refer clause Schedule J- Port Services for overtime rates applicable to Port Service Workers and Port Administrative Officers.

(f) All other employees not otherwise provided for in clause 15.4, where an employee works overtime the employer must pay to the employee the overtime rates as follows:

15.5 Definition of overtime –shiftworkers

(a) Shiftworkers will be subject to the overtime conditions contained in clauses 15.1 – Overtime to be reasonable and 15.2 – General provisions.

15.6 Overtime rates – shiftworkers

(a) Where a shiftworker in the following classifications (and designation where applicable) works overtime the employer must pay to the employee the overtime rates in accordance with clause 15.4(a) (overtime rates applicable to day workers):

(b) Where a Medical Officer, who is a shiftworker, works overtime the employer must pay to the employee the overtime rates contained in clause 15.4(b) (overtime rates applicable to day workers).

(c) Overtime rates in clause 15.6(c)(v) apply to shiftworkers in the following classifications and/or Agencies:

(d) All other shiftworkers not otherwise provided for in clause 15.6, where an employee works overtime the employer must pay to the employee the overtime rates contained in clause 15.4(f) (overtime rates for day workers).

15.7 Special provisions – Sundays

15.8 Time off in lieu of overtime

(a) Time off may be granted in lieu of overtime on an ‘hour for hour’ basis with the agreement of the employee at the ordinary time rate.

(b) Where time off in lieu of a payment has been agreed and the employee has not been granted that time off within a period of eight months, payment at the overtime rate according to the employee’s salary at the time of payment will be made.

(c) The maximum amount of time off in lieu that can be accrued is 40 hours, although no upper limit applies to seasonal workers.

15.9 Minimum payment

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

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

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

(d) An employee who performs overtime while in a restriction situation under clause 16 – Restriction duty, will be entitled to a minimum overtime payment in accordance with that clause.

15.10 Rest relief after overtime

(a) Clause 15.10 does not apply to Medical Officers.

16. Restriction duty

16.1 Clause 16 does not apply to:

(a) Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

(b) Medical Officers – all classifications. See Schedule G – Medical Officers for the applicable provisions.

(c) Teachers and Educators – all classifications.

(d) Fire and Rescue Service – all classifications. See Schedule H – Fire and Rescue Service Employees for applicable provisions.

(e) Port Service Workers, Port Administrative Officer and Senior Port Administrative Officer. See Schedule J – Port Services for applicable provisions.

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

16.3 Payment will be made subject to the following conditions:

(a) unless otherwise approved by the Commissioner, an employee in a classification the minimum salary which exceeds the salary barrier is not eligible to receive payment;

(b) the restriction situation is imposed by prior written direction, or is subsequently approved in writing;

(c) the provisions of clause 17—Emergency duty will not apply where an employee is recalled to duty while restricted;

(d) an employee who does not maintain a required degree of readiness while restricted will not be eligible to receive payment.

16.4 Payment rates

(a) An employee who is required to remain contactable and available to perform extra duty outside of the employee’s ordinary hours of duty will, subject to clause 16.3, be paid an allowance in addition to salary at a rate for the type of restriction as follows:

(b) Payment for the rates in clauses 16.4(a)(ii) (Stand by), 16.4(a)(iii) (Home duty), and 16.4(a)(v) (Duty employee):

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

(d) Any part of a period of restriction for which the employee receives another payment will not be included for calculating restricted duty allowance.

(e) An employee who is restricted and who is required to perform duty, but is not required to be recalled to a place of work, will be paid overtime, subject to a one hour minimum payment.

(f) An employee who is restricted and who is recalled to duty at a place of work, will be paid in accordance with the relevant overtime provisions, subject to a three hour minimum payment.

(g) Notwithstanding these payment rate provisions, an employee who is placed in a restriction situation outside of the employee’s ordinary hours of duty may be paid at an alternative rate approved by the Commissioner, having regard to the circumstances of the restriction situation.

16.5 Salary rate

(a) An employee’s salary for the purposes of calculation of the restriction duty allowance will include higher duties allowance and any other allowances in the nature of salary.

(b) Where approval has been made for payment under clause 16 – Restriction duty to an employee in a classification the minimum salary of which exceeds the salary barrier, the annual salary component of the formula at clause 16.5(c) will be the maximum annual salary payable to an Administrative Officer 6.

(c) The hourly rate of payment will be calculated as follows:

16.6 Child Protection Practitioners and Senior Child Protection Practitioners – Specific provisions

(a) Subject to clause 16.6(b), an employee employed in the designation Child Protection Practitioner or Senior Child Protection Practitioner will be liable to be required, outside his/her ordinary hours of duty, to hold himself/herself in readiness to perform extra duty subject to payment for any such extra requirement under the conditions of clause 16.6 and in accordance with the procedures for child protection after-hours service.

(b) No payment will be made to an employee under clause 16.6(a) for a period of restriction in respect of any part of which the employee does not hold himself/herself at the required degree of readiness to perform extra duty or does not observe the instructions of his/her supervisor as to restrictions outside the employees ordinary hours of duty.

(c) A Child Protection Practitioner or Senior Child Protection Practitioner may be instructed prior to ceasing duty that he/she is required to be contactable and available to return to duty without delay or within a reasonable time of being recalled and that he/she may be required to perform intermittent duties, on an ad hoc or predetermine basis, normally involving receiving and/or making telephone calls.

(d) Notwithstanding the provisions of clause 16 – Restriction duty, the rate of payment for an employee who is restricted in accordance with clause 16.6 will be $2.54 per hour or part thereof, for the period of restriction.

17. Emergency duty

17.1 Clause 17 does not apply to:

(a) Power and Water – all classifications

(b) Assistant Teacher, Classroom Teacher and Senior Teacher

(c) Port Service Worker

(d) Port Administrative Officer and Senior Port Administrative Officer

17.2 The provisions of this clause do not apply:

(a) to an employee, including a shiftworker, whose commencement time of regular duty is altered to meet an emergency;

(b) where an employee engaged in the Fire and Rescue Service is unable through illness or any unforeseen circumstances to attend for duty and any employee who is rostered off duty on that day is required by the Chief Executive Officer to perform duty on that day in place of the absent member. In such cases the employee will be entitled to overtime in accordance with clauses H.7 – Overtime -General Provisions.

17.3 Where an employee is called on duty to meet an emergency at a time when the employee would not ordinarily have been on duty, and no notice of such call was given to the employee prior to ceasing ordinary duty, the employee will be paid for such emergency duty at the rate of double time.

17.4 The time for which payment is made will include time necessarily spent in travelling to and from duty.

17.5 Minimum payment – emergency duty

(a) The minimum payment for emergency duty is two hours at double time and is payable in relation to each separate attendance.

(b) Where an attendance for emergency duty extends over from one day to another day the minimum payment is to be in relation to only one attendance.

17.6 Subject to any rest period provisions applicable to a class of employees in this award, an employee who is called on emergency duty may, where it is essential for health and safety, be relieved from the employee’s next scheduled regular duty without deduction from wages, for a period not exceeding the number of hours of the emergency duty worked. The period of relief from duty will not extend into a second period of regular duty.

Part 6—Leave, Public Holidays and other entitlements

18. Annual leave

18.1 As provided for by the NES, an employee (other than a casual employee) is entitled to four weeks of paid annual leave for each year of service. The following provisions supplement the NES entitlement.

18.2 Where an employee is normally stationed in the Northern Territory or under any condition the Commissioner so determines, the employee is entitled to an additional two weeks paid leave per year. This will not affect and will be in addition to the entitlement provided in the NES.

(a) Clause 18.2 does not apply to Power and Water – all classifications. See Schedule M – Power and Water for applicable provisions.

18.3 Additional leave for certain shiftworkers

(a) An additional week of leave (seven consecutive days including non-working days) for shiftworkers, as defined in clause 18.3(b).

(b) For the purpose of the section 87(1)(b) of the Act and clause 18.3(a), a shiftworker is an employee:

(c) A shiftworker rostered to perform duty on less than 10 Sundays during a year is entitled to additional paid annual leave at the rate of half a day for each Sunday rostered.

(d) A rostered overtime shift of three hours or more which commences or ceases on a Sunday will count in the calculation of entitlements in clauses 18.3(a) and 18.3(c). To avoid doubt, an employee who works overtime before or after a scheduled ordinary shift and/or performed during a period of clause 16—Restriction duty or clause 17—Emergency duty (or equivalent provisions in an applicable schedule to this award) would not have the time counted towards his/her 10 Sundays.

(e) Clauses 18.3(c) and 18.3(d) do not apply to Fire and Rescue Service employees, see clauses 18.4(g) and 18.4(h).

18.4 Agency Specific—Fire and Rescue Service employees

(a) For employees working on the 10/14 roster set out in Schedule H – Fire and Rescue Service employees, who are entitled to six weeks annual leave per year under clauses 18.1 and 18.2, an employee’s annual leave credit will be recorded as 264 hours.

(b) For employees working on the 10/14 roster set out in Schedule H – Fire and Rescue Service employees, who are entitled to seven weeks annual leave per year under clauses 18.1 to 18.3, an employee’s annual leave credit will be recorded as 312 hours.

(c) Annual leave taken by an employee whilst working shiftwork in accordance with the 10/14 roster will be deducted from accrued annual leave entitlements (credits) at the rate of one hour for each hour of rostered duty that the employee is absent on annual leave.

(d) An employee to whom clauses 18.4(a) to18.4(c) applies will be entitled to the payment of rostered overtime in accordance with clause H.7.4 whilst on annual leave.

(e) Where an employee transfers, either temporarily or permanently, from working shiftwork in accordance with the 10/14 shift to working day work only, the employee’s leave credit will be adjusted according to the following formula:

(f) Where an employee transfers, either temporarily or permanently, from working day work only to working shiftwork in accordance with 10/14 roster, the employee’s leave credit will be adjusted according to the following formula:

(g) An employee rostered to perform duty on less than 10 Sundays during the year is entitled to additional paid annual leave under clause 18.3 at the rate of four hours for each Sunday rostered.

(h) In calculating leave entitlements in accordance with clause 18.4(g), the following conditions will apply to Fire and Rescue Service employees:

(i) Salary for the purposes of annual leave will include the employee’s annual salary, Northern Territory Allowance, if applicable, and any other allowances to which the employee may be entitled.

18.5 Taking annual leave

(a) Subject to clause 18.5(b), taking annual leave will be in accordance with the NES.

(b) An employee employed in a teaching capacity in a school or as a school-based Administrative Officer will, unless otherwise approved by the Chief Executive Officer, take his/her accrued annual leave entitlements during the period on and from the first working day succeeding the last day on which the employee’s school is open in a calendar year and the day preceding the first day on which the school is open in the next calendar year.

18.6 Excess leave

(a) Where an employee has accrued annual leave entitlements in excess of two years (or three years in the case of a compulsory transferee), the Chief Executive Officer may, on giving a minimum of two months’ notice, direct the employee to take annual leave and the employee must take that leave within a three month period, or a period agreed between the parties, to reduce the accrued leave balance to the equivalent of two years (or three years in the case of a compulsory transferee) of entitlements.

(b) Before the Chief Executive Officer can direct that leave be taken under clause 18.6(a), the Chief Executive Officer must seek to confer with the employee and the parties must genuinely try to agree upon steps that will be taken to reduce or eliminate the employee’s excessive leave accrual.

18.7 Payment for annual leave

(a) An employee on annual leave will, for the period of the annual leave, be paid at the employee’s ordinary hourly rate plus any allowances payable on annual leave under this award.

(b) Subject to clause 18.10 – Annual leave loading, a shiftworker on approved annual leave will, for the period of the annual leave, receive shift penalty payments in relation to any shifts the employee would have worked if the employee was not on approved annual leave.

(c) Refer clause 11.24– allowances payable on annual leave.

(d) Refer clause M.18.4 – Payment for annual leave for terms applicable to Power and Water employees.

18.8 Payment of accrued annual leave on termination of employment

18.9 Payment of accrued annual leave on death

18.10 Annual leave loading

18.11 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 18.11.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 18.11.

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

(d) An agreement under clause 18.11 must state:

(e) An agreement under clause 18.11 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i) The employer must keep a copy of any agreement under clause 18.11 as an employee record.

19. Personal/carer’s leave and compassionate leave

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

19.2 Subject to clause 19.4, employees who are entitled to paid personal/carer’s leave under the NES are entitled to accrue an additional five days of personal/carer’s leave per annum treated in accordance with the provisions of the NES.

19.3 Subject to clause 19.4, an employee may be granted personal/carer’s leave with pay subject to accrued personal leave entitlements, without production of evidence, to the extent of five days per personal leave year. No more than three consecutive days of personal/carer’s leave may be taken without production of evidence.

19.4 Agency specific – supplementary personal/carer’s leave entitlements

(a) Employees working on the 10/14 roster set out in Schedule H – Fire and Rescue Service employees, who are entitled to paid personal/carer’s leave under the NES:

(b) Employees engaged in classifications set out in Schedule M – Power and Water who are working a nine day fortnight in accordance with an accrued day off system, and who are entitled to paid personal/carer’s leave under the NES, are entitled to accrue an additional three and a half days per annum treated in accordance with the provisions of the NES.

19.5 School-based Administrative Employees – personal/carer’s leave and non-term time

19.6 Paid personal/carer’s leave granted in accordance with this clause may be paid:

(a) at full pay; or

(b) at half pay; at the employee’s request, where the absence is at least one day.

19.7 Where paid personal/carer’s leave entitlements are exhausted, a Chief Executive Officer may grant additional leave with or without pay in accordance with clause 19.7(a). To avoid doubt, this clause supplements the entitlement to two days unpaid carer’s leave per permissible occasion provided for by the NES.

(a) An employee who has exhausted all available personal/carer’s leave accrued entitlements and who has produced satisfactory evidence in accordance with the provisions of the NES may be granted:

19.8 Personal/carer’s leave whilst on other forms of leave

(a) An employee who has been granted leave other than paid annual leave or long service leave will not be granted personal/carer’s leave during the period of that other leave.

(b) Access to personal/carer’s leave whilst on long service leave is subject to By-law 8 – Long Service Leave.

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

19.10 An employee may take unpaid compassionate leave by agreement with the Chief Executive Officer.

19.11 Subject to clause 19.12, paid personal/carer’s leave and compassionate leave will be paid at the employee’s ordinary hourly rate plus any allowances payable on such leave under this award.

19.12 Salary for the purpose of personal leave for employees in the Fire and Rescue Service in clause 10.4 – Agency specific classifications, will include:

(a) for the purpose of personal leave at full pay an employee’s annual salary, current Northern Territory allowance and any other current allowance to which the employee was entitled at the commencement of his/her personal leave; and

(b) for the purpose of personal leave on half pay, one half of the employee’s annual salary, full Northern Territory allowance plus any other allowance or part of an allowance.

20. Parental leave

20.1 Parental leave (includes adoption leave) is provided for in the NES. These provisions supplement the entitlements in NES.

20.2 Unpaid parental leave – ongoing and fixed period employees – less than 12 months’ service

20.3 Unpaid parental leave – casual employees

20.4 An employee eligible for parental leave under clause 20 will not be granted leave beyond a date which but for the grant of leave, would have been the employee’s cessation date or end of tenure.

20.5 Paid Maternity Leave – at least 12 months’ continuous service

(a) A pregnant employee with 12 months’ continuous service who is entitled to unpaid parental leave under the NES, in accordance with s.67(1) of the Act, shall be paid the salary that the employee would have been paid for their ordinary hours as if they attended work for the first 12 weeks of the birth-related leave taken in association with that pregnancy.

(b) A pregnant employee who:

(c) Where an employee’s child is born prematurely after the commencement of parental leave, the entitlement to and period of paid and unpaid leave remain unchanged.

(d) The whole of the period of paid parental leave will count as service for all purposes.

20.6 Returning to work / outside employment during parental leave

(a) Subject to the approval of the Chief Executive Officer, an employee on parental leave without pay under clause 20 – Parental leave, may return to duty for any period with the Agency, or another Agency.

(b) An employee on parental leave without pay may engage in outside employment in accordance with section 61 of PSEM Act.

(c) Employment under clauses 20.6(a) and (b) will:

20.7 Where an employee on unpaid parental leave applies to utilise accrued annual leave or long service leave, and is eligible for that leave, the application will be granted. Any such paid leave utilised, subject to the relevant leave provisions, will count for service.

20.8 Subject to clause 20.8(a), unpaid leave granted under clause 20 will not count as service for any purpose.

(a) With the exception of any period during which the employee on unpaid parental leave is engaged in outside employment during normal working hours (as approved in accordance with section 61 of PSEM Act), unpaid leave resulting from the application of clause 20.5(b) will count as service for all purposes.

20.9 Maternity/adoption leave – 6 year option – at least 12 months’ continuous service

(a) An employee who is pregnant and intends to take birth-related leave, or an employee who intends to take adoption-related leave, may be granted up to 6 year’s unpaid leave in accordance with this clause where the employee has completed at least 12 months’ continuous service before commencing that leave.

(b) Leave taken under this clause must not extend beyond the child’s sixth birthday.

(c) Any leave taken under this clause will be deemed parental leave for the purposes of the NES up to 24 months from date of birth of the child or day of placement (adoption leave). Thereafter, all unpaid leave taken until the child’s sixth birthday will be in accordance with By-law 16 – Special Leave Without Pay.

(d) Subject to the NES, where both parents are employees, they will not both be eligible for parental leave without pay under this clause during the same period, but may utilise parental leave as follows:

(e) With the exception of any period during which the employee on unpaid parental leave is engaged in outside employment during normal working hours (as approved in accordance with section 61 of PSEM Act), the first 12 weeks of unpaid leave under this clause will count as service for all purposes.

(f) An employee on unpaid parental leave under this clause may apply to utilise accrued annual leave or long service leave at any time up to 24 months from commencement of parental leave or the date of birth of the child, whichever occurs earlier. Any such paid leave utilised, subject to the relevant leave provisions, will count for service.

(g) Where an employee again becomes pregnant during a period of parental leave, the period may be extended until the sixth birthday of the child of the subsequent pregnancy, in accordance with the six-year option provisions.

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

20.11 Compulsory Transferees – specific provisions

(a) Clause 20.11 only applies to a compulsory transferee, as defined in Schedule A – Definitions, who was compulsorily transferred to the NTPS before 28 November 1978.

(b) For the purposes of clauses 20.5(d), 20.7 and 20.8, the whole of a period of maternity leave granted in accordance with clause 20.5 will count as service for all purposes except that the period to count as service for annual leave and leave airfares will be the first 26 weeks of the period of paid leave, whichever is the longer.

(c) A Chief Executive Officer may grant to an eligible employee up to one week’s paternity leave which will commence within the period from one week before the estimated date of birth of the child to five weeks after the actual date of the child’s birth.

21. Leave to attend industrial proceedings

21.1 An employee, excluding casuals, required by summons or subpoena to attend industrial proceedings, or to give evidence in proceedings affecting the employee will be granted paid leave.

21.2 Leave to attend industrial proceedings counts as service for all purposes.

22. Public holidays

22.1 Public holidays are provided for in the NES.

23. Termination of employment

23.1 Notice of termination by employer

23.2 Notice of termination by employee

(a) In accordance with the PSEM Act, the notice of termination required to be given by an employee to the employer is 14 days. The Chief Executive Officer may accept a lesser period.

(b) If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

24. Redundancy

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

24.2 Eligible employee

24.3 In this clause:

(a) Potentially surplus employee means:

(b) Service means a period of continuous service as defined in the Act, and which includes service as a compulsory transferee as defined in this award.

(c) Suitable employment means employment within the NTPS that the employee is capable of performing and is competent and qualified to perform, having regard to section 5D(2) of the PSEM Act, which must be considered in the context of reasonable training possibilities.

(d) Surplus employee means an employee who the Commissioner has determined is surplus to the requirements of the NTPS.

24.4 Notice of redundancy

(a) Where the Commissioner decides that redeployment of any potentially surplus employee is not feasible:

(b) A surplus employee cannot be given notice under this clause if:

24.5 Voluntary retrenchment

(a) Where an employee is unable to be placed in other suitable employment the employer may offer the employee a voluntary retrenchment.

(b) Where the surplus employee accepts a voluntary retrenchment, the employee is entitled to a period of four weeks’ notice from the date that the offer is accepted, or five weeks’ notice if the employee is over the age of 45 years.

(c) The surplus employee may be retrenched at any time within the period of notice under clause 24.5(b), at the direction of the Chief Executive Officer or the request of the employee, in which case the employee is entitled to receive payment in lieu of salary for the unexpired portion of the notice period.

24.6 Entitlement – redundancy pay

24.7 Minimum and maximum payments

24.8 For the purpose of calculating payment under clause 24.6:

(a) where an employee has been acting in a higher designation for a continuous period of at least 12 months immediately prior to the date of notification that the employee is a surplus employee, the salary level is the employee’s salary in his or her higher designation at the date of notification;

(b) where an employee has been paid a loading for shiftwork for 50% or more of the 12 months immediately preceding the date of notification, the weekly average amount of shift loading received during that period will be counted as part of ‘weeks’ salary’;

(c) the inclusion of allowances or loadings as salary, other than those specified in clauses 24.8(a) and (b), will be at the discretion of the employer.

24.9 All annual leave, long service leave and leave loading entitlements, including pro rata entitlements, must be paid out.

24.10 Subject to clause 24.11, a surplus employee retrenched under this clause is entitled to all reasonable removal and relocation expenses. This entitlement must be used within 90 days after the date of voluntary retrenchment unless otherwise approved by the Commissioner.

24.11 A surplus employee is entitled to the use of or payment equivalent to one accrued airfare entitlement for the employee and his or her recognised dependents. This entitlement is in lieu of removal and relocation expenses in clause 24.10, and this must be used within 90 days after the date of voluntary retrenchment, unless otherwise approved by the employer.

24.12 Notice of transfer or termination of employment

(a) An employee must be given four weeks formal notice that the employee will be transferred to a lower salary or employment will be terminated when:

(b) An employee over the age of 45 years is entitled to five weeks formal notice that the employee will be transferred to a lower salary or will be terminated from employment.

24.13 Leave and expenses to seek employment

(a) For the purpose of attending employment interviews, an employee who has received notice in accordance with clauses 24.4 – Notice of redundancy or 24.12 – Notice of transfer or termination of employment is entitled to:

(b) An employee is entitled to all reasonable expenses associated with moving his or her household to a new location if, in the opinion of the Commissioner, the transfer is necessary to enable the employee to take up alternative employment.

24.14 Election to terminate employment or be transferred

(a) With the approval of the Commissioner, an employee who has received notice in accordance with clauses 24.4 – Notice of redundancy or 24.12 – Notice of transfer or termination of employment may elect to terminate employment or be transferred before the expiry date of the notice period. The date elected then becomes the date of termination of employment or transfer for the purposes of this award.

(b) Where the Commissioner approves an election to terminate employment, the employee will be entitled to receive payment in lieu of salary for the unexpired portion of the notice period. This payment includes Northern Territory allowance where it is applicable.

(c) An employee who has declined an invitation to elect for voluntary retrenchment prior to clauses 24.4 – Notice of redundancy and 24.12 – Notice of transfer or termination of employment being invoked, is not entitled to receive a greater payment under clause 24.14(b) than the employee would have been entitled to receive had the employee elected to be voluntarily retrenched.

24.15 Payment of income maintenance upon transfer

(a) An employee will be able to receive maintenance of income payments where they have been transferred to a lower designation and salary in accordance with clause 24.14 – Election to terminate employment or be transferred.

24.16 Calculation of income maintenance payments

(a) Income maintenance payments equal an amount, if any, necessary to bring his or her salary at the lower level up to the salary level at the date of the transfer of employment.

(b) Where an employee has been acting in a higher designation for a continuous period of 12 months immediately prior to the date which the employee received notice under clause 24.4 – Notice of redundancy, the employee’s salary, for the purposes of this clause, is that received at the higher designation at the date of receiving notice.

(c) The inclusion of allowances or loadings as salary, other than higher duties allowance, is at the discretion of the Commissioner.

24.17 Allowances

24.18 Use of accrued personal leave

(a) The periods of notice under clauses 24.4 – Notice of redundancy or 24.12 – Notice of transfer or termination of employment, will be extended by any periods of approved personal leave taken during such periods supported by documentary evidence in the form of a medical certificate issued by a registered health practitioner.

(b) For the purposes of clause 24.15 – Payment of income maintenance, an employee who, at the date transfer, has accrued personal leave entitlements is entitled to receive maintenance of income payments in respect of loss of income through sickness until such time as those accrued personal leave entitlements have been exhausted.

24.19 Facilitative provisions

Part 7—Consultation and Dispute Resolution

25. Consultation

25.1 Consultation regarding major workplace change

25.2 Consultation about changes to rosters or hours of work

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

(b) The employer must:

(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.

26. Dispute resolution

26.1 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.

26.2 If such discussions do not resolve the dispute, the parties will arrange for further discussions between the employee or employees concerned and more senior levels of management within 48 hours

26.3 If the matters are still not resolved, within a further 24 hours a discussion will be held between the employer, the employee or employees concerned and the relevant employee representative, if any.

26.4 If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clauses 26.1 to 26.3 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

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

26.6 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.

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

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

27. Grievance and dispute resolution training

27.1 Subject to clause 27.3, leave of absence will be granted to an employee to attend short training courses or seminars on the following conditions:

(a) that Agency operating requirements permit the grant of leave; and

(b) that the scope, content and level of the short course or seminar are directed to a better understanding of grievance handling and dispute resolution.

27.2 Leave granted under clause 27.1 will be with full pay at ordinary time, excluding shift, penalty or overtime payments, and will count as service for all purposes.

27.3 This provision does not apply to Assistant Teacher, Classroom Teacher and Senior Teacher listed in clause 10.4 – Agency specific classifications.

Schedule A
—Definitions

In this award, unless the contrary intention appears:

Schedule B
—Supported Wage System
B.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.
B.2 In this schedule:

B.3 Eligibility criteria
B.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.
B.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
B.4 Supported wage rates
B.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

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

B.8 Other terms and conditions of employment

B.9 Workplace adjustment

B.10 Trial period
B.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
B.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.
B.10.3 The minimum amount payable to the employee during the trial period must be no less than $82 per week.
B.10.4 Work trials should include induction or training as appropriate to the job being trialled.
B.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause B.5.

Schedule C—National Training Wage
C.1 Title

This is the National Training Wage Schedule.

C.2 Definitions

In this schedule:

C.3 Coverage
C.3.1 Subject to clauses C.3.2 to C.3.6 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 Appendix C1 or by clause C.5.4 of this schedule.
C.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix C1 to this schedule.
C.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
C.3.4 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.
C.3.5 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.
C.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
C.4 Types of Traineeship

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

C.5.2 Minimum wages for part-time traineeships

C.5.3 Other minimum wage provisions

C.5.4 Default wage rate

C.6 Employment conditions
C.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.
C.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.
C.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.

C.6.4 Subject to clause C.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.

Appendix C1: Allocation of Traineeships to Wage Levels

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

C1.1 Wage Level A

Training package

AQF certificate level

Aeroskills

II

Aviation

I
II
III

Beauty

III

Business Services

I
II
III

Chemical, Hydrocarbons and Refining

I
II
III

Civil Construction

III

Coal Training Package

II
III

Community Services

II
III

Construction, Plumbing and Services Integrated Framework

I
II
III

Correctional Services

II
III

Drilling

II
III

Electricity Supply Industry—Generation Sector

II
III (in Western Australia only)

Electricity Supply Industry—Transmission, Distribution and Rail Sector

II

Electrotechnology

I
II
III (in Western Australia only)

Financial Services

I
II
III

Floristry

III

Food Processing Industry

III

Gas Industry

III

Information and Communications Technology

I
II
III

Laboratory Operations

II
III

Local Government (other than Operational Works Cert I and II)

I
II
III

Manufactured Mineral Products

III

Manufacturing

I
II
III

Maritime

I
II
III

Metal and Engineering (Technical)

II
III

Metalliferous Mining

II
III

Museum, Library and Library/Information Services

II
III

Plastics, Rubber and Cablemaking

III

Public Safety

III

Public Sector

II
III

Pulp and Paper Manufacturing Industries

III

Retail Services (including wholesale and Community pharmacy)

III

Telecommunications

II
III

Textiles, Clothing and Footwear

III

Tourism, Hospitality and Events

I
II
III

Training and Assessment

III

Transport and Distribution

III

Water Industry (Utilities)

III

C1.2 Wage Level B

Training package

AQF certificate level

Animal Care and Management

      I
      II
      III

Asset Maintenance

      I
      II
      III

Australian Meat Industry

      I
      II
      III

Automotive Industry Manufacturing

      II
      III

Automotive Industry Retail, Service and Repair

      I
      II
      III

Beauty

      II

Caravan Industry

      II
      III

Civil Construction

      I

Community Recreation Industry

      III

Entertainment

      I
      II
      III

Extractive Industries

      II
      III

Fitness Industry

      III

Floristry

      II

Food Processing Industry

      I
      II

Forest and Forest Products Industry

      I
      II
      III

Furnishing

      I
      II
      III

Gas Industry

      I
      II

Health

      II
      III

Local Government (Operational Works)

      I
      II

Manufactured Mineral Products

      I
      II

Metal and Engineering (Production)

      II
      III

Outdoor Recreation Industry

      I
      II
      III

Plastics, Rubber and Cablemaking

      II

Printing and Graphic Arts

      II
      III

Property Services

      I
      II
      III

Public Safety

      I
      II

Pulp and Paper Manufacturing Industries

      I
      II

Retail Services

      I
      II

Screen and Media

      I
      II
      III

Sport Industry

      II
      III

Sugar Milling

      I
      II
      III

Textiles, Clothing and Footwear

      I
      II

Transport and Logistics

      I
      II

Visual Arts, Craft and Design

      I
      II
      III

Water Industry

      I
      II

C1.3 Wage Level C

Training package

AQF certificate level

Agri-Food

I

Amenity Horticulture

I
II
III

Conservation and Land Management

I
II
III

Funeral Services

I
II
III

Music

I
II
III

Racing Industry

I
II
III

Rural Production

I
II
III

Seafood Industry

I
II
III

Schedule D—Class of work/designation – Physical
D.1 General
D.1.1 This schedule applies to employees in the Physical level 1 to 9 classifications employed in a designation listed in clause D.1.3 in any Agency, excluding the Department of Education, Power and Water and all non-trade qualified Physical employees in the Department of Health.
D.1.2 This schedule is to be read in conjunction with the other relevant terms of the award and will prevail over other award terms in relation to employees who conditions of employment are governed by this schedule to the extent of any inconsistency.
D.1.3 Designation—Physical employees

Trade Qualified

Non-Trade Qualified

Carpenter

Cleaner

Labourer

Electrical fitter and/or mechanic

Driver (passenger car) car pool

Labourer – agricultural

Electrician special class

Driver of vehicle with accommodation for 8 persons or less

Storeman

Electronics serviceman

Driver of vehicle with accommodation for more than 8 persons but less than 30 persons

Security Officer

Electrician

Field assistant (conservation commission)

Tradesperson’s assistant

Inspector – electrical plant and equipment

Field assistant (geology)

Weighbridge operator

Inspector – mechanical plant and equipment

Forestry worker

  

Fitter

Gardener

  

Mechanical tradesperson

Janitor

  

Motor mechanic

    

Tradesperson (horticultural)

    

D.1.4 Definitions

In this schedule:

D.2 Contract of employment – fixed period employees

D.3 Fares and travelling expenses on employment and on termination of employment – fixed period employees
D.3.1 An employee engaged outside the Northern Territory for employment in the Northern Territory, will at the Agency’s expense be conveyed together with his or her tools of trade, if any, from the place of engagement to the place of employment, provided that an agreed reasonable amount may be deducted from the wages due to such employee up to the total amount of the cost of transportation from the place of engagement to the place of employment in the Northern Territory.
D.3.2 The amount so deducted and retained by the Agency will be returned to the employee at the expiration of six months from the time of commencing work or on completion of the term of engagement or on the termination by the Agency of the employee’s employment for reasons other than those permitting dismissal without notice under PSEM Act, whichever event shall first happen.
D.3.3 When travelling from the place of engagement to the place of employment, an employee will be paid wages at the rate prescribed by this award for his or her classification as from the time of commencing travel to undertake duty to the time of arrival at the place of employment, provided that such wages shall be for a maximum of 16 hours at ordinary rate of pay where travel is by rail with second class sleeper accommodation or by economy class air.
D.3.4 Provided further that if the employee travels by any other mode of transport the employee will be entitled to payment of eight hours travelling in respect of each day of travel up to a maximum of 16 hours at ordinary rate of pay.
D.3.5 If an employee engaged in accordance with clause D.3.1 resigns on completion of 12 months service or on the completion of his or her term of engagement or on the termination of his or her employment by the Agency for reasons other than misconduct or incompetence, whichever event shall first happen, the employee will be reimbursed the cost of his or her travel to enable him or her to return to his or her place of engagement and the payment of wages, whilst still an employee, on the basis of clause D.3.3 from the time of commencing travel for the return journey until the time of arrival at the place of engagement.
D.3.6 Such entitlement shall lapse if not availed of before the expiration of three months from the date of termination of employment.
D.3.7 Should an employee elect to travel to the Northern Territory by means of his or her own vehicle the employee may after giving six months satisfactory service be reimbursed the cost of his or her travel calculated on the mileage and period necessary for travel by the most direct recognised route from the place of engagement up to a maximum of the cost of a single fare and travelling time if the employee had travelled by economy class air by the most direct route.
D.4 Transport of employees

D.5 Restriction duty—On-call allowance
D.5.1 Subject to clause D.5.2, restriction duty provisions will be as per clause 16 – Restriction duty.
D.5.2 Subject to the prior approval of the Commissioner to the introduction at an establishment of an on call roster in relation to a class of employee, an employee placed on that roster as available for duty on call during a period when the employee is off duty shall be paid in accordance with the following scale:

D.6 Shiftwork – special provisions
D.6.1 Subject to clauses D.6.2 to D.6.2(c), shiftwork provisions are in accordance with clause 8.4 – Ordinary hours of work – shiftworkers and clause 14 – Penalty rates – shiftworkers.
D.6.2 Sunday or Public Holiday

D.6.3 For the purposes of clause 14.6(b) (shiftwork penalty rates), an employee who:

D.7 Travelling time between jobs
D.7.1 An employee who is required to travel on duty between one Agency job to another will be paid at ordinary rates for all time up to eight hours spent in travelling on a weekday. For all time over eight hours spent in travelling on a weekday and for all time spent in travelling on a Saturday, the employee will be paid at overtime rates and for all time spent in travelling on a Sunday or public holiday the employee will be paid at double rates.
D.7.2 Where travel is by ship where sleeping accommodation is available the maximum travelling time to be paid will be for 12 hours out of every 24 hours.
D.7.3

Schedule E—Summary of Monetary Allowances

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

E.1 Wage Related Allowances

Wage Related Allowance

Clause

Payable

$

% of standard rate

Restriction duty – on-call

        

On call allowance

16.4(a)(i)

hourly

0.93

4.52%

On call allowance (Child Protection Practitioners)

16.6(d)

hourly

2.54

12.32%

On-call allowance (Port Services)

J.4.9

hourly

1.73

8.40%

On-call allowance (Employees governed by Schedule D)

        

Any Monday to Friday inclusive

D.5.2(a)(i)

hourly

0.67

3.23%

Saturday/Sunday/Public Holiday/ ADO

D.5.2(a)(ii)

hourly

1.10

5.32%

First aid allowance – hold Provide First Aid [HLTAIDOO3] or equivalent

11.5(c)(i)

weekly

13.14

63.74%

First aid allowance – hold Provide Advanced First Aid [HLTAIDOO6] or equivalent

11.5(c)(ii)

weekly

15.98

77.55%

First aid allowance - Physical

11.20(i)

daily

2.86

13.86%

Intermittent motor driving duties – junior employees

11.15

daily

  

See clause 11.15

Intermittent driving duties – school maintenance officer

11.16

per annum

  

See clause 11.16

Ambulance duty (Nurse/Midwife)

F.7.3

hourly

  

See clause F.7.3

Teachers in special school

I.5.2(a)
I.5.2(b)

per annum

2085.89

10,120.77%

Teacher of special class

I.5.2(c)

per annum

2085.89

10,120.77%

Teacher in charge – one teacher school with primary classes

I.5.1

per annum

2085.89

10,120.77%

Principal of area school

I.5.2(d)

per annum

3358.11

16,293.59%

The teacher in charge in a pre-school with two or more teachers

I.5.2(e)

per annum

3358.11

16,293.59%

The teacher in charge in a pre-school with one teacher

I.5.2(f)

per annum

1627.33

7,895.83%

Teacher of exemplary practice level 3

I.6

per annum

  

See clause I.6

Consolidated allowance

J.2

per annum

2927.25

14,203.08%

Dental Technician

11.14(a)

per annum

919.56

4,461.70%

Senior Dental Technician – Darwin

11.14(b)

per annum

919.56

4,461.70%

Radiographers – C.T. scanner allowance

11.14(c)

per annum

1234.98

5,992.15%

Orderly (PH2) ambulance duty without first aid qualification

11.14(d)(i)

daily

8.52

41.33%

Orderly (PH2) ambulance duty and holds Provide First Aid [HLTAIDOO3] or equivalent

11.14(d)(ii)

weekly

10.81

52.46%

Orderly (PH2) ambulance duty and holds Provide Advanced First Aid [HLTAIDOO6] or equivalent

11.14(d)(iii)

weekly

13.02

63.19%

Orderly/hospital assistant (PH2) – special functions allowance

11.14(e)

weekly

  

Clause 11.14(e)

Orderly PH2 – security/mental health

11.14(f)

per shift

3.94

19.13%

Post mortem and dirty body allowance

11.14(g)

per body

26.10

126.63%

Post mortem allowance

11.14(h)

      

Post mortem allowance (other than post mortem assistant)

11.14(h)(i)

per post mortem

10.21

49.53%

Post Mortem Assistant

11.14(h)(ii)

per annum

330.68

1,604.47%

Confined spaces (Department of Health)

11.14(i)

    

See clause 11.20(a)

Leading hand (Department of Health)

11.14(j)

    

See clause 11.18

Leading Hand

11.18

      

2 up to 10 employees

  

weekly

34.57

167.71%

10 up to 20 employees

  

weekly

51.67

250.72%

More than 20 employees

  

weekly

65.60

318.28%

High cleaning – above 9 metres

11.19(b)

hourly

0.32

1.54%

High cleaning – each additional 9 metres or part thereof

11.19(b)

hourly

0.32

1.54%

Cleaning grease traps

11.19(c)

hourly

0.48

2.33%

Confined spaces

11.20(a)

hourly

0.79

3.83%

Dirty work

11.20(b)

hourly

0.60

2.93%

Wet places

11.20(c)

hourly

0.60

2.93%

Working at heights – 9 metres

11.20(d)

hourly

0.43

2.09%

Working at heights – for each additional 9 metres

11.20(d)

hourly

0.43

2.09%

Insulation work

11.20(e)

hourly

0.82

3.97%

Toxic substances

11.20(f)

weekly

7.63

37.01%

Drivers/Operators allowance

11.20(g)

      

Carting/handling dirty material

11.20(g)(i)

hourly

0.40

1.94%

Carting/handling offensive material

11.20(g)(ii)

hourly

2.30

11.18%

Load/unload furniture

11.20(g)(iii)

daily

1.48

7.20%

Drive vehicle carting garbage

11.20(g)(iv)

weekly

16.26

78.89%

Tradesperson’s rate

11.20(h)

    

See clause 11.20(h)

Government House allowance

11.21

per annum

2969.80

14,409.49%

Cleaners - toilet cleaning duty in institutions for children

11.22

daily

1.28

6.21%

Motor (not being a tractor) drawing trailer

11.23

      

Loaded single axle trailer

11.23(a)

daily

2.93

14.21%

Empty single axle trailer

11.23(b)

daily

1.65

8.00%

Any other loaded trailer

11.23(c)

daily

3.67

17.83%

Any other empty trailer

11.23(d)

daily

2.05

9.94%

Janitor’s duties

11.7

    

See clause 11.7

Accident allowance

11.9

    

See clause 11.9

Northern Territory Allowance

11.10

    

See clause 11.10

Northern Territory Allowance (Teachers and Educators)

I.10

    

See clause I.10

Power and Water Wage-Related Allowances

Lines allowance

        

Linesman, linesman’s assistant, apprentice linesman or cable joiner

M.27.2(a)

    

5.5% of base rate for Physical 3

Linesman A grade and Linesman 2

M.27.2(e)

weekly

20.39

98.91%

Linesman’s assistant required to drive truck up to 20 tonnes

M.27.2(f)

daily

  

90% of Linesman A grade rate

Forklift allowance – where 2 or more forklifts engaged on any one lift

M.27.4

daily

2.48

12.02%

Mechanical equipment operators allowance – 2 or more cranes

M.27.5

daily

2.48

12.02%

Distribution allowance

M.27.3

weekly

12.24

59.41%

Availability allowance

M.28.2

weekly

  

25.5% of T3

Stand-by allowance

M.28.3

    

Ordinary time rates

Industry allowance – all purpose – engaged on new construction work away from employee’s normal place

M.28.4(a)

weekly

29.11

141.23%

Industry allowance – usually employed on other than construction and required to do construction

M.28.4(b)

weekly

29.11

141.23%

Power Station Allowance

M.28.6(a)

weekly

57.06

276.85%

First Aid Allowance

M.28.13

daily

3.33

16.15%

Northern Territory Allowance

M.28.5

    

See clause M.28.5

Dirty work

M.29.1

hourly

0.59

2.88%

Wet work

M.29.2

hourly

0.59

2.88%

Work inside oil tanks

M.29.3

hourly

1.18

5.71%

Work on outside oil tanks

M.29.4

hourly

1.18

5.71%

Height money – above 9 metres

M.29.5(a)

hourly

0.33

1.59%

Height money – each additional 9 metres

M.29.5(a)

hourly

0.41

1.99%

Height money - work on swinging scaffold, single plank, bosun’s chair

M.29.5(b)

hourly

0.41

1.99%

Insulation work

M.29.6

hourly

0.83

4.02%

Confined spaces

M.29.7

hourly

0.83

4.02%

Boiler cleaning

M.29.8

hourly

2.02

9.79%

Refractory bricklayer allowance

M.29.9

hourly

2.32

11.28%

Toxic substances

M.29.10(a)

hourly

0.89

4.32%

Asbestos

M.29.11

hourly

0.84

4.07%

E.2 Adjustment of wage related allowances

E.3 Expense Related Allowances

Expense Related Allowance

Clause

$

  

Meal allowance

11.4

20.62

see clause 11.4

Uniform / protective clothing – Fire and Rescue Service

H.12

  

Reimbursement

Uniform – Nurses and Midwives

F.7.1

264.00

per annum

Laundry allowance – Nurses and Midwives

F.7.2

55.00

per annum

Tool allowance

11.17

    

Metal Trades

  

14.20

per week

Carpentry

 

25.86

per week

Other Tradesperson

  

13.41

per week

Camping allowance

11.20(j)

8.69

per day

Special travel allowance – not overnight; absence for 10 or more hours

I.7.3(b)(i)

24.28

per day

Freight allowance

I.9

  

See clause I.9

Protective clothing

11.6

  

Reimbursement

Leave airfare allowance

11.11

  

Reimbursement

Kilometre allowance

11.12

  

Reimbursement

       

Power and Water Expense-Related Allowances

Tool allowance – metal tradesperson

M.27.1(d)

13.96

per week

Meal allowance

M.28.1

17.74

per occasion

Motor vehicle allowance

M.28.7

0.61

per kilometre

Disturbance allowance – with dependents

M.28.8

    

Employee with dependents – furnished accommodation

M.28.8(c)(i)

363.95

per occasion

Employee with dependents – unfurnished accommodation

M.28.8(c)(ii)

732.75

per occasion

Employee with dependents – unfurnished accommodation and paid amount in clause M.28.8(c)(i)

(c)M.28.8(c)

368.80

per occasion

Disturbance allowance – without dependents

      

Employee without dependents – furnished accommodation

M.28.8(d)(i)

216.11

per occasion

Employee without dependents – unfurnished accommodation

M.28.8(d)(ii)

321.82

per occasion

Employee without dependents – unfurnished accommodation and paid amount in clause M.28.8(d)(i)

M.28.8(d)

105.70

per occasion

Disturbance allowance – in respect of each dependent child

M.28.8(e)

94.92

per eligible child

Travelling allowance

M.28.9

  

See clause M.28.9

Travelling time to job site

      

Within 32 kilometres of Darwin/Katherine/Tennant Creek

M.28.11(a)(i)

7.58

per day

Outside 32 kilometre radius

M.28.11(a)(ii)

7.58

per day

Employer offer transport

M.28.11(a)(iii)

3.37

per day

Commercial travelling allowance

M.28.10(c)

  

See clause M.28.10(c)

Accommodation

M.28.10(c)

78.11

  

Breakfast

M.28.10(c)

14.80

  

Lunch

M.28.10(c)

24.45

  

Dinner

M.28.10(c)

34.16

  

Incidentals

M.28.10(c)

12.29

  

Overnight flying camp

M.28.10(f)

89.27

  

Fares and Travel on annual leave

M.28.12

  

See clause M.28.12

E.4 Adjustment of expense related allowances

Allowance

Applicable Consumer Price Index figure

Camping allowance
Overnight flying camp

Food and non-alcoholic beverages group

Motor vehicle allowance

Private motoring sub-group

Meal allowance
Special travel allowance

Take away and fast foods sub-group

Laundry allowance
Uniform

Clothing and footwear group

Tool allowance

All Groups CPI

Travelling time to job site

Transport group

Disturbance allowance

All Groups CPI

Commercial travelling allowance

All Groups CPI

Schedule F—Nurses and Midwives
F.1 General
F.1.1 Definitions

In this schedule:

(a) indirect supervision means such other supervision provided to an employee assuming responsibility for functions delegated by a Registered Nurse.

F.1.2 This schedule is to be read in conjunction with the other relevant terms of the award and will prevail over other award terms in relation to employees governed by this schedule to the extent of any inconsistency.
F.2 Hours of Duty
F.2.1 For a Registered Nurse working in a school the ordinary hours of work will be 38 per week, or an average of 38 hours per week averaged over a period of 46 weeks.
F.2.2 The ordinary hours of duty will, wherever reasonably practicable, be worked so that:

F.2.3 A roster showing the normal hours of duty of all employees, except employees performing relief duties, will be posted in a place accessible to employees at least seven days before it comes into operation but amendments may subsequently be made to the roster on account of the sickness or absence of another employee, either by mutual agreement or if Agency exigencies render any alteration necessary.
F.2.4 A Registered Nurse, working in a school, will be employed in annual terms, and on duty during school operating periods.

F.3 Shiftwork
F.3.1 Minimum break between shifts

F.3.2 Penalty rates—shiftworkers

F.4 Rest relief after overtime
F.4.1 An employee who works so much overtime between the termination of his or her ordinary duty on one day and the commencement of his or her ordinary duty on the next day that he/she has not at least nine consecutive hours off duty between those times, shall, subject to this clause, be released after completion of such overtime until he/she has had nine consecutive hours off duty without loss of pay for ordinary working time occurring during such absence including reasonable travelling time to cover time taken in travelling from and to his/her place of employment.

F.5 Recognition of previous experience
F.5.1 Approved experience will mean such experience in the industry of nursing and/or midwifery practice as is recognised by the Chief Executive Officer for the purposes of this clause.
F.5.2 An employee shall be credited with approved experience for purposes of determining salary on employment and eligibility for incremental advancement.
F.5.3 A Registered Nurse (Nurse 2) who has returned to the nursing industry after completing requirements for re-entry to practice, and who has not worked as a Registered Nurse for five or more years, will not immediately be credited on employment with ‘approved experience’ for salary purposes.
F.5.4 However, within their first three months of service an employee may request the Chief Executive Officer make an assessment of their performance to determine the extent to which they have recovered their former skills and the proportion of their previous experience which should be recognised as ‘approved experience’ for salary purposes.
F.5.5 They will be eligible for salary and incremental advancement from the date on which the assessment is made.
F.6 Nurse 1 (Enrolled Nurse) – pay progression and accelerated advancement
F.6.1 Nurse 1 Year 1 means the pay point to which an employee will be employed, where the employee possesses and may be required to utilise a level of nursing skill and knowledge based on:

F.6.2 Nurse 1 Year 2 means the pay point to which an employee will be employed or will progress from Nurse 1 Year 1, having been assessed as being competent at Nurse 1 Year 1, where the employee possesses and may be required to utilise a level of nursing skill and knowledge based on:

F.6.3 Nurse 1 Year 3 means the pay point to which an employee will be employed or will progress from Nurse 1 Year 2, having been assessed as being competent at Nurse 1 Year 2, where the employee possesses and may be required to utilise a level of nursing skill and knowledge based on:

F.6.4 Nurse 1 Year 4 means the pay point to which an employee will be employed or will progress from Nurse 1 Year 3, having been assessed as being competent at Nurse 1 Year 3, where the employee possesses and may be required to utilise a level of nursing skill and knowledge based on:

F.6.5 Nurse 1 Year 5 means the pay point to which an employee will be employed or will progress from Nurse 1 Year 4, having been assessed as being competent at Nurse 1 Year 4, where the employee possesses and may be required to utilise a level of nursing skill and knowledge based on:

F.6.6 Pay point progression

F.6.7 Review

F.6.8 Accelerated advancement

F.6.9 Recognition of training, experience and skill

F.7 Allowances
F.7.1 Uniform

F.7.2 Laundry allowance

F.7.3 Ambulance duty

Schedule G—Medical Officers
G.1 General
G.1.1 Definitions

G.1.2 This schedule is to be read in conjunction with the other relevant terms of the award and will prevail over other award terms in relation to employees governed by this schedule to the extent of any inconsistency.
G.2 Designation and corresponding classification level

Designation

Classification Level – clause 10.4

Intern [clause G.3.1]

L1

Resident medical officer [clause G.3.1]

L2
L3
L4
L5

Registrar [clause G.3.2]

L4
L5
L7
L8

Senior registrar [clause G.3.3]

L11
L12

Hospital medical officer [clause G.3.4]

L6
L8
L9
L10
L11
L12
L13
L14
L15

Senior hospital medical officer [clause G.3.5]

L16
L17
L18

Medical administrator [clause G.3.6]

L9
L11
L13

Rural/community medical officer [clause G.3.7]
Public health medicine trainee

L12
L13
L14
L15

Specialist clinician [clause G.3.8]

L15
L18
L19
L20
L21

Specialist medical administrator [clause G.3.8]

L15
L18
L19
L20
L21

Specialist public health medicine [clause G.3.8]

L15
L18
L19
L20
L21

Senior specialist clinician grade 1

L23

Senior specialist medical administrator grade 1

L23

Senior specialist public health medicine grade 1

L23

Senior specialist clinician grade 2

L24

Senior specialist medical administrator grade 2

L24

Senior specialist public health medicine grade 2

L24

G.3 Progression and accelerated advancement
G.3.1 Interns and resident medial officers

G.3.2 Registrars

G.3.3 Senior registrars

G.3.4 Hospital medical officer

G.3.5 Senior hospital medical officer

G.3.6 Medical administrator

G.3.7 Rural/Community medical officer

G.3.8 Specialist clinician, specialist medical administrator, and specialist public health medicine

G.4 Salary progression
G.4.1 A medical officer will be eligible for annual advancement in the scale of rates and provisions applicable to the classifications in clause G.2, subject to the employee having acquired additional skills and professional knowledge, and applying those skills and that knowledge in the workplace.
G.4.2 This condition may be met through training, clinical experience, competency, accreditation and the certification requirements determined from time to time by the relevant postgraduate medical training authority or learned medical college.
G.4.3 The Chief Executive Officer may defer or refuse to advance an employee in the salary scale, if the criteria set out in clause G.4.1 above are not met by the employee.
G.4.4 An employee whose salary advancement has been refused or deferred may seek to have the decision reviewed. A review, for the purposes of this clause, will be undertaken and resolved in accordance with clause 26—Dispute resolution.
G.5 Overtime

G.6 Unrostered overtime

G.6.1 The medical administrator, in determining whether payment for such additional duty is justified, will have regard to criteria and such other guidelines as are agreed between the employer and the relevant union.
G.6.2 The following guidelines will determine the payment of unrostered overtime to classifications covered by this award and are subject to the following provisions:

G.7 Restriction Duty
G.7.1 General

G.7.2 Categories of restriction

G.7.3 Rate of payment

G.7.4 For the purposes of clause G.7.3 payment of the rates for immediate roster, first roster and home duty, any part of the period of restriction for which the employee receives another payment (e.g. overtime, excess travelling time) will not be included for calculating payments under this clause.
G.7.5 Payment for immediate roster and home duty will be subject to the following conditions:

G.7.6 Notwithstanding the provisions of clause G.7, employees who are placed in restricted situations outside their ordinary hours of duty may be paid at a rate per period of restriction or some other specified period of time, approved by the Commissioner having regard to the average incidence of the restriction period to which the employee is normally subject and to the rates prescribed herein for individual periods of restriction.
G.7.7 Where an employee, whilst in any restricted situation specified in clauses G.7.2(a) (Immediate roster), G.7.2(b) (First roster) and G.7.2(d) (Home duty), is required to attend to perform duty the payment for such attendance, whether he/she actually performs duty or not, will be subject to the minimum payment provisions contained in clause 15.9(d) – Minimum payment and clauses 16.4(e) and 16.4(f).
G.7.8

Schedule H—Fire and Rescue Service Employees
H.1 General
H.1.1 Definitions

H.1.2 This schedule is to be read in conjunction with the other relevant terms of the award and will prevail over other award terms in relation to employees governed by this schedule to the extent of any inconsistency.
H.2 Salaries and classifications
H.2.1 The salaries contained in clause 10.4 – Agency specific classifications for the Fire and Rescue Service classifications are to be calculated according to the following internal relativities:

Classification

Relativity

Recruit (first 3 months)

78%

Recruit (successive 9 months)

82%

Firefighter Class D

85%

Firefighter Class C

87%

Firefighter Class B

98%

Firefighter Class A

100%

Senior Firefighter

105%

Leading Firefighter

110%

Station Officer

115%

Senior Station Officer

130%

District Officer

150%

H.2.2 Fire and Rescue Service classification salaries are adjusted as follows:

H.2.3 Payment of salary will be averaged so that payments made in each pay period are equal.
H.2.4 When working on the 10/14 roster two hours per week will be accumulated towards accrued days off. The overtime described in clause H.7 – Overtime general provisions has been paid for in the all up salary.
H.2.5 The Director or his/her delegate may direct an employee to carry out such duties (including drills and training) as are within the limits of the employee’s skills, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.
H.2.6 The Director or his/her delegate may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.
H.3 Resignation of rank
H.3.1 A Firefighter, Senior Firefighter or Leading Firefighter who has resigned their rank and subsequently wishes to resume that rank, must satisfy a Board to be determined by the Director or his/her delegate, comprising an Assistant Director, an employee representative and a Divisional representative that they have retained the skills and knowledge required to perform those functions necessary for that rank and/or position.

H.4 Hours of work
H.4.1 The ordinary hours of duty on day work will be an average of 38 per week Monday to Friday over a period of 52 weeks within the span of ordinary hours contained in clause 8.2(c)(ii) -Span of hours – day workers.
H.4.2 Subject to clause 5 – Facilitative provisions, in lieu of the span of hours prescribed in clause 8.2(c)(ii) -Span of hours – day workers, employees may work their ordinary hours within a span of hours of 6.00 a.m. to 6.00 p.m.. This involves no change to the hours of work arrangements.
H.4.3 The ordinary hours of duty on shiftwork worked in accordance with the 10/14 roster agreed upon by the Director or his/her delegate and the union will be an average of 38 hours per week spread over a period of 52 weeks. Each shift will contain meal breaks consistent with clause H.10 – Meal allowance for which the employee will be paid and remain on duty.
H.4.4 The Director or his/her delegate may depart from the shift roster in establishing new day work positions in appropriate cases, by agreement with the majority of employees.
H.5 Shift duty

 

10

10

14

14

                        
                                 

Shift

Th

Fr

Sa

Su

Mo

Tu

We

HR

Th

Fr

Sa

Su

Mo

Tu

We

HR

                                 

A

D

D

N

N

-

-

-

48

-

D

D

N

N

-

-

48

A

-

-

D

D

N

N

-

48

-

-

-

D

D

N

N

48

A

-

-

-

-

D

D

N

34

N

-

-

-

-

D

D

34

A

N

N

-

-

-

-

D

38

D

N

N

-

-

-

-

38

                                 

B

N

N

-

-

-

-

D

38

D

N

N

-

-

-

-

38

B

D

D

N

N

-

-

-

48

-

D

D

N

N

-

-

48

B

-

-

D

D

N

N

-

48

-

-

-

D

D

N

N

48

B

-

-

-

-

D

D

N

34

N

-

-

-

-

D

D

34

                                 

C

-

-

-

-

D

D

N

34

N

-

-

-

-

D

D

34

C

N

N

-

-

-

-

D

38

D

N

N

-

-

-

-

38

C

D

D

N

N

-

-

-

48

-

D

D

N

N

-

-

48

C

-

-

D

D

N

N

-

48

-

-

-

D

D

N

N

48

                                 

D

-

-

D

D

N

N

-

48

-

-

-

D

D

N

N

48

D

-

-

-

-

D

D

N

34

N

-

-

-

-

D

D

34

D

N

N

-

-

-

-

D

38

D

N

N

-

-

-

-

38

D

D

D

N

N

-

-

-

48

-

D

D

N

N

-

-

48

H.6 Transfer between shifts
H.6.1 Voluntary transfer

H.6.2 Compulsory transfer

H.6.3 Resting on duty

H.7 Overtime – General Provisions
H.7.1 An employee who works in excess of their ordinary hours of duty will not be entitled to payment of overtime unless such excess time was worked at the direction of the Director or his/her delegate.
H.7.2 An employee will be liable to be called for duty any time he/she is required but, except as provided in clause H.7.3, all time worked in excess of the prescribed weekly hours will be paid for as overtime at the rate of:

For overtime worked on

Overtime rate

Monday to Saturday – first 2 hours

150%

Monday to Saturday – after 2 hours

200%

Saturday in addition to ordinary duty on that day

200%

Sunday

200%

Public holiday

250%

H.7.3 Notwithstanding anything else contained in this Schedule, where an employee transfers from shiftwork to day work or day work to shiftwork the hours of duty for which overtime is payable may be adjusted to effect the requirement of an employee to work ordinary hours of 38 hours per week or an average of 38 hours per week.
H.7.4 Under the roster prescribed in clause H.5—Shift duty, each eight week cycle contains 16 hours rostered overtime which will be paid for when worked at the rate of time and a half for the first four hours and double time for the remaining 12 hours.

H.7.5 An employee who is required to work overtime will be entitled to a minimum payment of 15 minutes at overtime rates.
H.7.6 An employee returning to his/her station from fire duty after the time fixed for roll call will be allowed 15 minutes to prepare themselves for dismissal and such time will be regarded as overtime and payment made accordingly.
H.7.7 Payment for overtime will be made on the earliest practicable pay day following the conclusion of the fortnight during which the employee became entitled to the payment of overtime.
H.7.8 Crib time

H.7.9 The Director or his/her delegate will make every reasonable effort to avoid rostering employees on to training outside ordinary hours. Employees on training or attending examinations outside rostered or ordinary hours will be granted time off duty equal to the extra time worked.
H.7.10 Every reasonable effort will be made to avoid the attendance of employees at appeal boards constituted under the PSEM Act outside rostered or ordinary hours, subject to employees being party to an appeal board hearing being entitled to attend that hearing. Employees attending appeal boards outside rostered or ordinary hours will be granted time off duty equal to the extra time worked.
H.7.11 Rest relief after overtime

H.8 Emergency Duty

See clause 17 – Emergency Duty for applicable provisions.

H.9 Northern Territory allowance
H.9.1 An employee who at the time of introducing Northern Territory Allowance (NTA) in accordance with By-law 26 and for compulsory transferees By-law 49, was in receipt of a rate of district allowance higher than the rate determined under the conditions provided for in By-law 26 or 49 will be paid an allowance to raise the total NTA to equal the former rate of district allowance.
H.9.2 The allowance paid under clause H.9.1 will reduce proportionately with increases of NTA and will continue until such time as:

H.10 Meal allowance
H.10.1 When an employee is required to work on a fire, fire watch or other incident which covers the whole of a normal meal period or performs overtime in accordance with clause H.7—Overtime he/she will be paid one only meal allowance at the same rate as clause 11.4—Meal Allowance.
H.10.2 When an employee is called back with one hours’ notice or less to work shift or part of a shift for which he/she had not been rostered and that duty covers a normal meal period, he/she will be paid a meal allowance at the same rate prescribed in clause H.10.1.
H.10.3 When an employee returns from a call out after the commencement of a recognised meal period, the member will be entitled to take his/her hour’s meal break.
H.10.4 The recognised meal periods will be:

H.11 Higher duties allowance
H.11.1 An employee may be required to perform all the duties of one rank or level higher than his/her own. An employee who is required to perform all of the duties of a rank higher than their own for a period in excess of seven weeks/rounds, which are cumulative in a calendar year, will be paid an allowance for that period in excess of seven weeks, equal to the amount of the difference between their substantive salary and the salary of the higher rank.
H.11.2 Notwithstanding clause H.11.1, a Senior Firefighter who is not qualified for promotion to Station Officer will perform higher duties as a Station Officer and will be paid Higher Duties Allowance to the Leading Firefighter rate for periods less than seven weeks/rounds, when required to do so, subject to the following conditions:

H.11.3 If a Station Officer’s position is to be filled on overtime the order of preference will be:

H.11.4 Senior Firefighters (qualified and unqualified) stationed at Nhulunbuy or Katherine Fire Station will perform higher duties as the Officer in Charge station as required.
H.11.5 An employee who immediately before proceeding on approved annual leave was in receipt of a higher duties allowance will continue to be paid such an allowance during recreation leave for the period the Director or his/her delegate certifies that the allowance would have been paid but for the grant of the leave.
H.12 Allowance for uniform / protective clothing
H.12.1 Where the employer requires an employee to wear any uniform, the employer must reimburse the employee for the cost of purchasing such clothing. The provisions of this clause do not apply where the uniform is provided by the employer on a one for one basis subject to fair wear and tear or contamination or soiling which in the opinion of the Director or his/her delegate renders them unusable.
H.12.2 Where the employer requires an employee to wear protective clothing, the employer must reimburse the employee for the cost of purchasing such clothing. The provisions of this clause do not apply where appropriate protective clothing and/ or equipment is provided by the employer.
H.12.3 An employee will not be required to clean the clothing or uniform of any other employee.
H.13 First aid allowance

H.14 Allowance for reimbursement of fares on leave and travelling time.

H.15 Allowance for refreshments

H.16 Leave in special circumstances
H.16.1 The Director or his/her delegate may grant an employee leave in special circumstances on full pay for any period or periods, but any days over three working days in any year of service granted in accordance with this clause will be deducted from the employee’s accrued annual leave entitlements, subject to a maximum of three working days.
H.16.2 The Director or his/her delegate will not unreasonably withhold the granting of leave.
H.17 Leave Roster
H.17.1 A leave roster for annual leave and long service leave will be drawn up from time to time so that the commencement of the first leave scheduled on such rosters will not be less than one month after the date of the publication of such roster.
H.17.2 The name of every employee entitled to leave will appear on the roster. If no firm date for leave is shown on the roster for any employee a probable date will be shown if possible, if not, a reason will be given.
H.17.3 A leave roster published as aforesaid will not be altered unless:

H.17.4 Subject to approval of the Director or his/her delegate, leave which accrued under the conditions contained in clause 18.3 may be taken without regard to the roster. For the purpose of clause 18.4(g) for employees on the 10/14 roster one week will be one cycle of duty on four shifts, i.e. two day shifts and two night shifts.
H.17.5 Subject to the approval of the Director or his/her delegate no annual leave or accrued day off may be taken which is of less than two rounds of shifts, except that up to 68 hours' leave may be used without regard to the leave roster or the two rounds limit providing the minimum staffing levels in force at the time are not affected by such utilisation.
H.18

Schedule I – Teachers and Educators
I.1 General
I.1.1 Definitions

I.1.2 This schedule is to be read in conjunction with the other relevant terms of the award and will prevail over other award terms in relation to employees governed by this schedule to the extent of any inconsistency.
I.2 Classification description – Assistant Teacher and Classroom Teacher
I.2.1 Assistant Teacher

I.2.2 Classroom Teacher

I.3 Hours of work
I.3.1 Hours of work as per clause 8.2(b)(i).
I.3.2 Employees engaged in a teaching capacity in a school may not be required, as determined by the Commissioner, to attend for duty at school during non-school term times or when the school is otherwise not open to accept students and the employee has no paid annual leave entitlements available.
I.4 Relief teachers
I.4.1 A relief teacher will be employed for a period of not less than two hours on each engagement.
I.4.2 A relief teacher will be paid an hourly rate in accordance with the following formula:

Hourly rate

=

A + 25% casual loading

   

60

A

=

Classroom Teacher 1 (CTI) x 12

   

313

I.4.3 Employment as a relief teacher will count towards salary level placement and long service leave when employed as a teacher on an ongoing or fixed period basis.

I.4.4 Subject to the NES, a relief teacher has no entitlement to paid or unpaid leave or paid public holidays.
I.4.5 A relief teacher who is required to travel from an urban centre to a remote locality, as determined by the Commissioner, to take up duty is eligible to be paid Travelling Allowance (By-law 30), Living Away From Home Allowance (By-law 30A), Camping Allowance (By-law 31) and Vehicle Allowance (By-law 32).
I.5 Allowances
I.5.1 Special Allowances

Allowances

Per annum
$

Teachers in a special school

2085.89

Teacher of special class

2085.89

Teacher in-charge – one teacher school with primary classes

2085.89

Principal of area school

3358.11

The teacher in charge in a pre-school with two or more teachers

3358.11

The teacher in charge in a pre-school with one teacher

1627.33

I.5.2 Eligibility

I.6 Teacher of exemplary practice level 3 allowance

I.7 Special travel allowance
I.7.1 General

I.7.2 Eligibility

I.7.3 Entitlement

I.8 End of half semester travel
I.8.1 A teacher or assistant teacher permanently stationed at an approved isolated locality is entitled to travel assistance, provided at clause I.8.5(c) at the conclusion of half semester in a school year in accordance with the terms of this clause.
I.8.2 For the purposes of this clause an approved isolated locality in the Northern Territory which is situated more than 90 kilometres by road from Darwin or Alice Springs and which satisfies the following criteria:

I.8.3 Where a teacher or assistant teacher’s spouse is in receipt of fares or benefits from the NTPS the employee will be deemed a teacher or assistant teacher without dependents; provided that where a teacher or assistant teacher’s spouse is in receipt of end of half semester travel from the NTPS, one of them must elect to be an employee without dependents for the purpose of this clause.
I.8.4 A schedule of approved isolated localities, in terms of this clause, is provided at Appendix I2—Approved isolated schools.
I.8.5 A teacher or assistant teacher permanently stationed at an approved isolated locality is entitled to end of half semester travel for the teacher or assistant teacher and his or her dependents as follows:

I.9 Freight allowance
I.9.1 A freight allowance will be paid to a teacher or assistant teacher stationed at a prescribed remote locality. For the purposes of this clause the prescribed remote localities are contained in Appendix I3—Prescribed remote schools.
I.9.2 The amount of freight allowance payable to a teacher or assistant teacher, as determined by the Commissioner, will be equal to the cost actually incurred by him or her in the freight by scheduled air service, regular road service or barge, of foodstuffs from a proscribed remote locality at which he or she is stationed, up to a limit of 12 kilograms per week for a teacher or assistant teacher without dependents or of 23 kilograms per week for a teacher or assistant teacher with dependents. Where a teacher, however, in addition to the family unit of two adults or a single parent and child, there are two or more children or a dependent adult and one child or more, the allowance will be enlarged by eight kilograms per week, except that:

I.9.3 A teacher or assistant teacher who is permanently stationed in Nhulunbuy or Yirrkala will be entitled to payment of a weekly allowance for freight of foodstuffs for a period of 45 weeks in any year at a rate determined by the Commissioner, in respect of whether the teacher or assistant teacher has or does not have dependents.
I.10 Northern Territory allowance
I.10.1 All employees employed on or before 31 July 1987 shall be entitled to Northern Territory allowance as follows:

I.10.2 Employees employed on or before 31 July 1987 living in a locality, as specified in Appendix I4 – Specified localities, will be entitled to Northern Territory allowance as follows:

I.10.3 An employee with dependants will receive a rate of Northern Territory allowance of no less than $960 per annum.
I.10.4 Where new classifications are created and these classifications are occupied by an existing employee allowances provided in I.10.1 and clause I.10.2 shall be calculated by using the following formula:

I.10.5 All employees with dependants employed on or after 1 August 1987 shall be entitled to receive Northern Territory allowance at the rate of $960 per annum.

Appendix I1: Special Schools

Special schools for salary related allowances, clause I.5.1

Acacia Hill/Alice Springs Special

Hodgson River

Peppimenarti

Alcoota

Imanpa/Mt Ebenezer

Pigeon Hole

Alekarenge/Warrabri

Ipolera

Pine Creek

Alpurrurulam/Lake Nash

Jilkminggan/Djimbre

Pularumpi

Amanbidji

Kalkarindji

Ramingining

Amoonguna

Kiana

Robinson River

Ampilatwatja/Ammaroo

Kintore Street

Rockhampton Downs

Angurugu

Lajamanu/Hooker River

Royal Darwin Hospital

Areyonga

Laramba/Napperby

Shepherdson College

Barunga/Bamyili

Mamaruni/Crocker Island

Stirling

Bauhinia Downs/Nicholson River

Maningrida

Ti Tree

Belyuen

M’bunghara

Timber Creek

Borroloola

Milikapiti/Snake Bay

Titjikala/Maryvale

Bulla Camp

Milingimbi

Ukaka HLC/Lilla

Bulman

Milyakburra

Umbakumba

Canteen Creek

Minyerri/Hodgson Downs

Urapunga

Corella Creek/Brunette Downs

Mt Allan

Utopia

Docker River

Murray Downs

Wallace Rockhole

Don Dale Centre/Dundas Hs

Mutitjulu

Walungurru/Kintore

Elliott

Nemarluk

Warruwi/Goulburn Island

Epenarra

Neutral Junction

Watiyawanu/Mt Leibig

Finke

Newcastle Waters

Willowra

Gapuwiyak/Lake Evella

Nganmarriyanga/Palumpa

Woolaning

Gochan Jinny-Jirra

Ngukurr

Woolianna/Daly River

Gunbalanya/Oenpelli

Ntaria

Wugularr/Beswick

Haasts Bluff

Numbulwar

Yarralin

Harts Range

Nyirrpi

Yirrkala

Henbury/Coconut Grove

Papunya

Yuendumu

All allowance provisions are bound to the Hub-school. Hence, approved Annexes providing for children with disabilities, and Homeland Centres, have the same allowance entitlement as their Hub-school.

Appendix I2: Approved Isolated Schools

Approved isolated schools for end of half semester travel, clause I.8.4

Alcoota

Ipolera

Pigeon Hole

Alekarenge/Warrabri

Jilkminggan/Djimbre

Pularumpi/Garden Point

Alpurrurulam/Lake Nash

Kalkarindji

Ramingining

Alyangula

Kiana

Robinson River

Amanbidji

Lajamanu/Hooker River

Rockhampton Downs

Ampilatwatja/Ammaroo

Laramba/Napperby

Shepherdson College

Angurugu

M’bunghara

Stirling

Areyonga

Mamaruni/Crocker Island

Tennant Creek HS

Barunga/Bamyili

Maningrida

Tennant Creek PS

Bauhinia Downs/Nicholson R

Mataranka

Tennant Creek RO

Belyuen

Milikapiti/Snake Bay

Ti Tree

Borroloola

Milingimbi

Timber Creek

Bulla Camp

Milyakburra

Tipperary

Bulman

Mt Allan

Titjikala/Maryvale

Canteen Creek

Murray Downs

Ukaka HLC/Lilla

Corella Creek/Brunette Downs

Mutitjulu

Umbakumba

Docker River

Neutral Junction

Urapunga

Douglas Daly

Newcastle Waters

Utopia

Dundee Beach

Nganmarriyanga/Palumpa

Wallace Rockhole

Elliott

Ngukurr

Walungurru/Kintore

Epenarra

Nhulunbuy HS

Warruwi/Goulburn Island

Finke

Nhulunbuy PS

Watiyawanu/Mt Leibig

Gapuwiyak/Lake Evella

Nhulunbuy RO

Willowra

Gochan Jinny-Jirra

Ntaria

Woolaning

Gunbalanya/Oenpelli

Numbulwar

Woolianna/Daly River

Haasts Bluff

Nyirrpi

Wugularr/Beswick

Harts Range

Papunya

Yarralin

Minyerri/Hodgson Downs

Peppimenarti

Yirrkala

Hodgson River

  

Yuendumu

Imanpa/Mt Ebenezer

  

Yulara

All allowance provisions are bound to the Hub-school. Hence, approved Annexes providing for children with disabilities, and Homeland Centres, have the same allowance entitlement as their Hub-school.

Appendix I3: Prescribed Remote Schools

Prescribed remote schools for freight allowance, clause I.9

Alcoota

Imanpa/Mt Ebenezer

Pigeon Hole

Alekarenge/Warrabri

Ipolera

Pularumpi/Garden Point

Alpurrurulam/Lake Nash

Jilkminggan/Djimbre

Ramingining

Alyangula

Kalkarindji

Robinson River

Amanbidji

Kiana

Rockhampton Downs

Ampilatwatja/Ammaroo

Lajamanu/Hooker River

Shepherdson College

Angurugu

Laramba/Napperby

Stirling

Areyonga

M’bunghara

Tennant Creek HS

Barunga/Bamyili

Mamaruni/Crocker Island

Tennant Creek PS

Bauhinia Downs/Nicholson R

Maningrida

Tennant Creek RO

Belyuen

Mataranka

Ti Tree

Borroloola

Milikapiti/Snake Bay

Timber Creek

Bulla Camp

Milingimbi

Tipperary

Bulman

Milyakburra

Titjikala/Maryvale

Canteen Creek

Mt Allan

Ukaka HLC/Lilla

Corella Creek/Brunette Downs

Murray Downs

Umbakumba

Docker River

Mutitjulu

Urapunga

Douglas Daly

Neutral Junction

Utopia

Dundee Beach

Newcastle Waters

Wallace Rockhole

Elliott

Nganmarriyanga/Palumpa

Walunguru/Kintore

Epenarra

Ngukurr

Warruwi/Goulburn Island

Finke

Nhulunbuy HS

Watiyawanu/Mt Leibig

Gapuwiyak/Lake Evella

Nhulunbuy PS

Willowra

Gochan Jinny-Jirra

Nhulunbuy RO

Woolaning

Gunbalanya/Oenpelli

Ntaria

Woolianna/Daly River

Haasts Bluff

Numbulwar

Wugularr/Beswick

Harts Range

Nyirrpi

Yarralin

Minyerri/Hodgson Downs

Papunya

Yirrkala

Hodgson River

Peppimenarti

Yuendumu

   

Yulara

All allowance provisions are bound to the Hub-school. Hence, approved Annexes providing for children with disabilities, and Homeland Centres, have the same allowance entitlement as their Hub-school.

Appendix I4: Specified localities

Specified localities for Northern Territory allowances, clause I.10

Alexandria

Humbert River

Newry

Alroy

Innesvale

Ngukurr (Roper River_

Alyangula

Inverway

Numbulwar

Angurugu

Kaldaringi (Wave Hill)

Oenpelli

Anthony Lagoon

Kidman Springs

Port Keats (Wadder or Wadeye)

Auverne

Kirkimbie

Robinson River

Benmara

Lajamanu (Hooker Creek)

Rockhampton Downs

Birrindudu

Legune

Roper Valley

Borroloola

Limbunya

Timber Creek

Brunette Downs

Mainoru

Top Springs (including Montejinni, Kilarney)

Bullo River

Mallapunya

Umbakumba

Calvert Hills

Mamaruni (Croker Island)

Urapunga (Roper Bar)

Camfield

Maningrida

Victoria River Downs

Cattle Creek

Mittebah

Walhallow

Cobury Peninsula (including Cape Don)

Moolooloo

Warruwi (Goulburn Island)

Cresswell Downs

Moroak

Willeroo

Delmere

Mountain Valley

Wollogorang

Eva Downs

Mt Sanford

  

Galiwinku (Elcho Island )

Murganella

  

Ganjarani (McArthur River)

Nabarlek

  

Schedule J– Port Services
J.1 General
J.1.1 This clause applies to the following classifications transferred from Darwin Port Corporation to the Northern Territory Department of Transport or the Department of Lands, Planning and Environment, as of 31 March 2015:

J.1.2 This schedule is to be read in conjunction with the other relevant terms of the award and will prevail over other award terms to the extent of any inconsistency.
J.2 Consolidated allowance
J.2.1 A consolidated allowance of $2927.25 per annum will be paid to Port Service Workers combining work related payments for: use of private telephone, noise, industry allowance, confined space, disability allowance, dirty work, and wet places. The consolidated allowance will not be included as salary for any purpose.
J.3 Rest Breaks

J.4 Overtime
J.4.1 Subject to clause J.4.2 to clause J.4.10, overtime will be worked in accordance with the overtime provisions contained in clause 15 – Overtime.
J.4.2 Overtime rate

J.4.3 Saturday work

J.4.4 Sunday work

J.4.5 Public holiday work

J.4.6 Rest Periods

J.4.7 Crib breaks

J.4.8 Call back

J.4.9 On-call allowance

J.4.10 Meal allowance

J.5 Time off during notice period

J.6 Transport of employees in connection with overtime attendance

J.6.1 convey the employee to his or her home; or
J.6.2 reimburse the employee for reasonable expenses incurred in travelling to their place of residence.

Schedule K– School-based Administrative Officers
K.1 General
K.1.1 Definitions

K.1.2 This schedule is to be read in conjunction with the other relevant terms of the award and will prevail over other award terms in relation to employees governed by this schedule to the extent of any inconsistency.
K.2 Application

K.2.1 92% of Administrative Officer Salary

K.3 Term and Christmas Vacation Periods

K.4 Additional hours

K.5 Casual loading

K.6 Annual leave loading – special provisions
K.6.1 Subject to the provisions of this clause, an employee will be paid annual leave loading calculated in accordance with clause 18.10, to be included in the last payment of ordinary salary made prior to Christmas Day each year, or in the event of termination or cessation (resignation or retirement) prior to that day, in the final payment made to the employee.

K.7 Conversion of school-based Administrative Officer to full-time hours
K.7.1 For the purposes of this clause the following definitions apply:

K.7.2 Initiation of full-time work proposals

Schedule L—Relationship with Other Awards
L.1 Succession of previous awards
L.1.1 This award supersedes the:

Schedule M – Power and Water
M.1 General
M.1.1 Definitions

M.1.2 This schedule is to be read in conjunction with the other relevant terms of the award and will prevail over any other award term in relation to employees governed by this schedule to the extent of any inconsistency.
M.2 Minimum pay rates
M.2.1 Power and Water classifications

M.2.2 The rate of pay for the Physical 3 grade employee is based on the minimum rate prescribed in the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] for the base tradesperson classification.
M.2.3 Minimum payment for additional training and supervisory responsibilities

M.3 Juniors

M.4 Apprentices

M.5 Progression and advancement – Professional (Engineers)

M.6 Casual employment
M.6.1 An employee employed as a casual in accordance with clause 6.5 ceases to be a casual employee after being continually employed from more than three weeks.
M.6.2 A casual employee whose services are no longer required will be given at least one hour’s notice of termination unless the time of ceasing employment is stipulated at the time of employment.
M.7 Recognition of prior employment

M.8 Work organisation

M.8.1 the Chief Executive Officer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the appropriate classification structure of this award provided that such duties are not designed to promote deskilling;
M.8.2 the Chief Executive Officer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment; and
M.8.3 any direction issued by the Chief Executive Officer will be consistent with the employer’s responsibility to provide a safe and healthy working environment.
M.9 Skills Extension and Training conditions
M.9.1 Skills and associated training are based on organisational need and will increase flexibility and productivity. Within these parameters, employees will have equitable access to training opportunities within their competency levels.
M.9.2 Training will be provided both during and after normal working hours.
M.10 Tasks and competency
M.10.1 Subject to clause M.8—Work organisation, tasks which an employee may perform at the respective levels of the classification structure will be determined in line with the Competency Standards of the respective Australian Qualifications Framework (AQF) Competency level of the appropriate occupational grouping. Such tasks will be ones most suitable for employer’s requirements.
M.10.2 Indicative tasks which an employee at respective grades of his/her classification structure may perform will be complementary to the respective AQF Competency level of the appropriate occupational grouping.
M.10.3 Identification of new competency levels in accordance with AQF standards will be determined in line with the relevant industry standards and in accordance with the consultation provisions contained in clause 25 – Consultation.
M.10.4 The development of Work Level Standards for the Physical classification levels under this schedule, and as required pursuant to clause 7.1(e), will be aligned with the relevant Competency Standards of the respective Australian Qualifications Framework Competency level of the appropriate occupational/trade grouping.
M.11 Hours of Work
M.11.1 Refer also clause 8 – Ordinary hours of work and rostering.
M.11.2 Physical grade employees

M.11.3 Apprentices

M.11.4 Technical, Administrative or Professional employees

M.12 Flexitime

Flexitime may be worked by employees by agreement between the Chief Executive Officer and the majority of employees, who may involve an employee representative, within the ordinary hours specified herein.

M.13 Meal and Rest Breaks
M.13.1 Employees, other than shiftworkers, will not be required to work for more than five continuous hours without a meal break of not less than half or more than one hour. Work performed in excess of such period will be paid at overtime rates until a meal break is taken.
M.13.2 Employees other than shiftworkers will be permitted two 15 minute paid breaks per day as a tea break. Such breaks will be taken at a time mutually agreed between the Chief Executive Officer and employees.
M.14 Overtime
M.14.1 General

M.14.2 Annual overtime allowance

M.14.3 Physical grade employees and apprentices

M.14.4 Administrative and Professional officers

M.14.5 Technical employees

M.14.6 Overtime – shiftworkers

M.14.7 Rest period

M.14.8 Transport home

M.14.9 Meal break

M.14.10 Time off in lieu

M.14.11 Call back

M.15 Shiftwork
M.15.1 Definitions

M.15.2 Afternoon and night shift penalties

M.15.3 Penalty rate for working on Saturday, Sunday and public holiday shifts

M.16 Higher duties allowance
M.16.1 Physical grade employees

M.16.2 Technical, Administrative or Professional employees

M.17 Rates not cumulative

M.18 Annual leave
M.18.1 For the purposes of clause 18.1 (Annual leave), annual leave will be as per NES. This clause sets out the equivalent number of hours as follows:

36.75 hrs pw
(10 day fort)

37.5 hrs pw
(10 day fort)

37.5 hrs pw
(9 day fort)*

Shiftworkers

20 days of
7 hrs 21 mins

20 days of
7 hrs 30 mins

18 days of
8 hrs 20 mins

20 days of
8 hours

(20x7.35=147hrs)

(20x7.5=150 hrs)

(18x8.34=150 hrs)
* together with nominated days off

(20x8=160 hrs)

M.18.2 In addition to the leave prescribed in clause 18.1, an employee who is employed in an isolated district, namely Alice Springs, Batchelor, Darwin, Jabiru, Katherine, Tennant Creek and Yulara, will be eligible for 10 days additional leave or the equivalent number of hours as follows:

36.75 hrs pw
(10 day fort)

37.5 hrs pw
(10 day fort)

37.5 hrs pw
(9 day fort)*

Shiftworkers

10 days of
7 hrs 21 mins

10 days of
7 hrs 30 mins

9 days of
8 hrs 20 mins

10 days of
8 hrs

(10x7.35=73.5 hrs)

(10x7.5=75 hrs)

(9x8.34=75 hrs)
* together with nominated days off

(10x8=80 hrs)

M.18.3 Additional leave for shiftworkers

M.18.4 Payment for annual leave

M.18.5 Annual leave loading

M.18.6 Annual close down

M.19 Personal leave/carer’s leave and compassionate leave
M.19.1 Refer clause 19—Personal/carer’s leave and compassionate leave for applicable provisions.
M.20 War service related illness

M.21 Special leave – with pay
M.21.1 Special leave with pay up to a maximum of three days per annum may be granted by the Chief Executive Officer upon sufficient cause being shown and under circumstances not covered elsewhere in this award. Such circumstances may include:

M.21.2 Special leave with pay will not incur deduction from accrued annual leave or personal leave entitlements.
M.21.3 The special leave with pay entitlements of three days per annum are not accumulative. (Year is anniversary from commencement of employment).
M.21.4 This leave counts as service for all purposes.
M.22 Employee called as a witness
M.22.1 An employee subpoenaed or called as a witness will promptly notify his or her supervisor.
M.22.2 Other than where an employee is subpoenaed or called as a witness on behalf of the Commonwealth, a State or a Territory, the employee should be given to understand clearly that the leave is annual leave or leave without pay. Where, however, a charge is made by the Agency for an employee’s attendance in such cases, he or she should be regarded as being on duty.
M.22.3 Where an employee is required to attend as a witness on behalf of the Commonwealth, a State or a Territory the employee may elect to receive payment of witness fees or receive normal pay, but not both. If such attendance is in his or her own time, he or she may elect to be credited with time on duty for the period of attendance or accept payment of witness fees.
M.22.4 Leave with pay shall count as service. Leave without pay shall not count as service
M.23 Community service leave
M.23.1 Community service leave is provided for in the NES. These provisions supplement the entitlements in the NES.
M.23.2 An employee required to attend for jury service will promptly notify his or her supervisor.
M.23.3 An employee required to attend for jury service during ordinary hours of duty will be granted leave of absence with full pay during that period.
M.23.4 An employee who, attends for jury service during ordinary hours of duty will pay to the Territory so much of any amounts received as fees for his or her attendance as the employer thinks reasonable, having regard to the proportion that that period bears to the total period of his or her attendance as a juror and having regard to expenses incurred by the employee in respect of that attendance.
M.23.5 Such leave will count as service.
M.24 Conveyance of Employee and dependents on employment
M.24.1 Where a person is employed and the place where he or she is required to work is not in the city or town in which he or she was residing at the time of his or her employment, the employee may be paid an allowance equivalent to the cost of conveyance of the employee, his or her spouse and dependent children, and of the removal costs of his or her furniture and personal effects (not exceeding that amount determined by the Commissioner).
M.24.2 When travelling from the place of engagement to the place of his or her employment, an employee will be paid an allowance equivalent to salary at the rate prescribed by the award for his or her classification as from the time of commencing travel to undertake duty to the time of his or her arrival at the place of employment, provided that such calculation shall be based on a maximum of 16 hours at ordinary rate of pay where travel is undertaken by air. Provided further that if the employee travels by any other mode of transport, he or she will be entitled to payment of an allowance equivalent to eight hours at ordinary rates of pay in respect of each day of travel up to a maximum of 16 hours.
M.24.3 Should an employee elect to travel to the Northern Territory by means of his or her own vehicle, he or she will be paid an allowance equal to the cost of reimbursement of his or her travel calculated on the distance travelled by the most direct recognised route from the place of engagement up to a maximum of the cost of conveying the employee and his or her dependants by scheduled air service by the most direct route.
M.25 Transfer expenses
M.25.1 Where an employee is transferred:

M.25.2 Where an employee is notified that his or her transfer from one classification to another classification of not less than equal pay will be for an indefinite period, the transfer, shall, for the purpose of determining the employee’s rights with respect to travelling allowance and the cost of removing the employee’s family and furniture be deemed to be an ongoing transfer.
M.25.3 An employee who is transferred from one locality to another solely at his or her own request, shall bear the whole cost of his or her removal unless otherwise determined by the employer.
M.25.4 If an employee is transferred from one locality to another on account of misconduct, the employee will pay the whole cost of transfer unless otherwise determined by the employer.
M.26 Travelling between jobs and official duty

M.27 Power And Water—Allowances

Physical

The following allowances will apply to Physical employees:

M.27.1 Tool allowance

M.27.2 Lines allowance

M.27.3 Distribution allowance

M.27.4 Fork-lift allowance

M.27.5 Mechanical equipment operators allowance

M.28 General Allowances
M.28.1 Meal allowance

M.28.2 Availability allowance

M.28.3 Stand-by allowance

M.28.4 Industry allowance

M.28.5 Northern Territory allowance

M.28.6 Power station allowance

M.28.7 Motor vehicle allowance

M.28.8 Disturbance allowance

M.28.9 Travelling allowance

M.28.10 Review of travelling allowance

M.28.11 Travelling time to job site

M.28.12 Fares and travel on annual leave, etc.

M.28.13 First aid allowance

M.29 Special Rates Allowances
M.29.1 Dirty work

M.29.2 Wet work

M.29.3 Work inside oil tanks

M.29.4 Work on outside of oil tanks

M.29.5 Height money

M.29.6 Insulation work

M.29.7 Confined spaces

M.29.8 Boiler cleaning

M.29.9 Refractory bricklayer allowance

M.29.10 Toxic substances

M.29.11 Asbestos

M.30 Allowance For Damaged Clothes And Tools
M.30.1 Where an employee’s clothes, spectacles, hearing aid or tools have been damaged or destroyed by fire or spoiled by acid, sulphur or other deleterious substances due to the circumstances of his or her employment, the employer will reimburse the employee for purchasing replacement items having regard to the cost of the article and its expected period of serviceability. The provisions of this clause do not apply where the item is paid for by the employer.
M.30.2 The employer will provide a suitable and secure weatherproof lockup for the purpose of storing an employee’s tools and shall compensate an employee upon production of receipts, for the loss or damage by fire or theft on the employer’s premises of tools used by the employee in the course of his or her employment. Such compensation shall not exceed $490.00. The amount provided under this clause is not subject to adjustment as per E.4 – Adjustment of expense related allowances.
M.30.3 Any employee shall, if requested to do so, furnish the employer with a list of his or her tools used or stored on the employer’s premises.
M.30.4 The rates of pay for Physical grade employees prescribed herein include all claims for special rates for engaging on repairs when travelling, rigging tackle for all erections and repair of electrical machines or apparatus, maintenance of storage batteries, and allowances for grinding tools. Where the services of a tradesperson are terminated by the employer he or she will be allowed one and one half hours at his or her ordinary rate of pay for gathering and grinding his or her tools.