1. Title and commencement

1.1 This award is the Silviculture Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2. Definitions

(a) uses a compass;

(b) undertakes line cutting (e.g. mature assessments, continuous forest inventories); and

(c) demonstrates a basic knowledge and skills of management/survey and office mapping work associated with field work.

(a) all forestry management work at Grades 2 and 3;

(b) chain and compass survey (without supervision);

(c) boundary location;

(d) taking responsibility for stores and vehicles; and

(e) annual stocktaking and all relevant field and office work.

(a) leading mature assessments;

(b) remeasuring research plots;

(c) leading plantation inventory system plot measurements and pine growth plot measurement;

(d) the survey of continuous forest inventory plot locations as directed;

(e) lead residue assessments; and

(f) any office work associated with Grade 6 field work.

(a) chain and compass line cutting;

(b) assessments and resource pilots;

(c) basic road survey, access lines and boundary demarcation;

(d) measuring tree diameters, completing bark readings and basic continuous forest inventories procedures; and

(e) any office work associated with Grade 3 field work.

3. The National Employment Standards and this award

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

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

3.3 The employer must ensure that copies of the 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.

4. Coverage

4.1 This industry award covers employers throughout Australia in the industry of silviculture and afforestation and their employees in the classifications listed in clause 12—Classifications to the exclusion of any other modern award.

4.2 For the purpose of clause 4, silviculture and afforestation means planting, pruning, fertilising and any other activity in or in connection with the establishment or cultivation of trees in forests.

4.3 This award covers any employer which supplies labour on an on-hire basis in the silviculture and afforestation industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.3 operates subject to the exclusions from coverage in this award.

4.4 This award covers employers which provide group training services for trainees engaged in the silviculture and afforestation industry and/or parts of industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award does not cover:

(a) employees excluded from award coverage by the Act

(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

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

Clause

Provision

Agreement between an employer and:

14.1(b)

Meal breaks

The majority of employees

14.5

Extension of breaks

The majority of employees

17.7(i)

Alternative paid day off procedure

An individual

19.7

Time off instead of payment for overtime

An individual

22.4

Annual leave in advance

An individual

22.9

Cashing out of annual leave

An individual

8. Types of employment

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

(a) full-time;

(b) part-time; or

(c) casual.

8.2 At the time of engagement an employer will inform each employee in writing of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.

9. Full-time employees

10. Part-time employees

10.1 A part-time employee:

(a) is engaged to work less than 38 hours per week;

(b) has predictable hours of work; and

(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

10.2 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work including the hours to be worked and the starting and finishing times on each day.

10.3 Any agreed variation to the regular pattern of work will be recorded in writing.

10.4 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift.

10.5 All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

11. Casual employees

11.1 A casual employee is an employee who is engaged and paid as a casual employee.

(a) the ordinary hourly rate; and

(b) a loading of 25% of the ordinary hourly rate,

11.3 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

(e) Any request under clause 11.4 must be in writing and provided to the employer.

(f) Where a regular casual employee seeks to convert to full-time or part-time employment, the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

(g) Reasonable grounds for refusal include that:

(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(j) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 30—Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(k) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 11.4, the employer and employee must discuss and record in writing:

(l) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(m) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer.

(n) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 11.4.

(o) Nothing in clause 11.4 obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.

(p) Nothing in clause 11.4 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(q) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of clause 11.4 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of clause 11.4 by 1 January 2019.

(r) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.4(q).

12. Classifications

12.1 Silviculture and afforestation worker grade 1 means a labourer with less than 3 months’ experience in the silviculture and afforestation industry.

12.2 Silviculture and afforestation worker grade 2 means an assistant powder monkey, axeperson, chainperson, tower person, an employee engaged in pruning, planting, and assessment, fertilising, thinning, fire guard, fire pump operator, pick and shovel and slasher operator, seed collector (fallen trees), tree lifting or the collection of field data (e.g. insect monitoring, survival counts, regeneration surveys, eagle nest searches, etc) or an employee not elsewhere classified.

12.3 Silviculture and afforestation worker grade 3 means a chainsaw operator, fencer fire guard (with certificate), patrol person, powder monkey, utility person, noxious weed employee, propagator, seed collector (standing trees), vermin destroyer, power driven portable saw operator, fire pump operator (with certificate), or an employee engaged in bushfire fighting and/or other fire suppression duties including tree felling as part of or as an incidental duty of firefighting or fire suppression activity.

12.4 Silviculture and afforestation worker grade 4 means a tool sharpener, tree climber, tree measurer, treemarker or storeperson.

12.5 Silviculture and afforestation worker grade 5 means a storeperson in charge.

12.6 Silviculture and afforestation worker grade 6 means a tree measurer (in charge).

13. Ordinary hours of work and rostering

13.1 Ordinary hours are worked between 5.00 am and 5.00 pm, Monday to Friday.

13.2 Ordinary hours of work must not exceed an average of 38 hours per week over a work cycle agreed in accordance with clause 13.3.

13.3 Hours of work will be arranged in accordance with one or more of the methods set out below:

(a) by employees working less than 8 ordinary hours on each day;

(b) by employees working less than 8 ordinary hours on one or more days each week;

(c) by fixing one week day on which all employees will be rostered off during a particular work cycle;

(d) by rostering employees off on various days of the week during each particular work cycle so that each employee has one week day off during each such cycle;

(e) by banking the days accrued to be taken as days off in accordance with clauses 13.3(c) and 13.3(d) to be taken at a time designated by management; or

(f) by any other method agreed between the employer and employee(s).

13.4 At each establishment an assessment should be made as to which method of implementation best suits that establishment and the proposal will be discussed with employees concerned, the objective being to reach agreement on the method of implementation.

13.5 Employees may be required to work up to 10 ordinary hours per day.

13.6 Different methods of implementing the 38 hour week may be applied to various groups, individuals or sections of employees in the plant or establishment concerned.

13.7 Where the method of implementation adopted is in accordance with clauses 13.3(c), 13.3(d) or 13.3(e) the wages paid each week for ordinary hours will be paid so that in each week when 40 hours (or more) are worked, the time in excess of 38 hours will be kept in hand and paid to the employee in the pay week(s) that the rostered day(s) off occur(s); to enable an averaging of payments for ordinary time to occur over the particular work cycle.

(a) An employee entitled to a rostered day off (RDO) must not have that day off rostered on a holiday as specified in clause 27—Public holidays.

(b) In the event that a public holiday is prescribed after notice is given to an employee of the taking of the RDO and the public holiday falls on the day the employee is to take off, the employer must allow the employee to take the day off on any alternative day where the employee is normally rostered to work ordinary hours.

(c) Where an employee is sick or injured on the day rostered off in accordance with clause 13.8, the employee will not be entitled to personal leave nor will the employee’s personal leave entitlement be reduced as a result of such sickness or injury that day.

14. Breaks

(a) Employees must receive a break of at least 30 minutes within the first 5 hours of work.

(b) By agreement with the majority of employees, the meal break may be shortened to not less than 20 minutes with a consequential adjustment to the daily time of finishing work.

(a) An employee working overtime must be allowed a crib break of 20 minutes without deduction of pay after each 4 hours of overtime worked if the employee is to continue work after such crib time.

(b) An employee working at least one and a half hours of overtime must be allowed a crib break of 20 minutes before starting overtime after working ordinary hours (inclusive of time worked for accrual purposes in clause 13—Ordinary hours of work and rostering and clause 19.6) which will be paid at the rate applying immediately before commencing overtime.

(a) Two 2 paid rest breaks of 7.5 minutes duration each must be allowed to employees on each day or shift.

(b) The times for taking such rest breaks will be set by agreement between the employer and employees concerned.

(a) The duration of any break prescribed by clause 14 may be extended by agreement between the employer and employees concerned.

(b) The employer will not be required to pay for any such extension.

15. Minimum rates

15.1 Employees are entitled to the following minimum wages for the classification in which they are employed:

Classification

Minimum weekly rate
(full-time employee)

Minimum hourly rate

Ordinary weekly rate
(full-time employee)

 

$

$

$

Silviculture and afforestation worker grade 1

792.80

20.86

859.40

Silviculture and afforestation worker grade 2

823.80

21.68

891.40

Silviculture and afforestation worker grade 3

838.80

22.07

906.80

Silviculture and afforestation worker grade 4

859.20

22.61

927.90

Silviculture and afforestation worker grade 5

875.00

23.03

944.20

Silviculture and afforestation worker grade 6

882.30

23.22

951.70

(a) Employees may agree in writing to work on piecework rates. The piecework agreement must specify the applicable piecework rate which will be paid for all work performed under the piecework agreement. Provided that where an employee works on piecework rates, that employee must be paid at least the amount the employee would have received for time worked at the ordinary hourly rate for the relevant classification.

(b) An employee working under a piecework rate agreement:

(c) The employee must put their intention to terminate their piecework agreement in writing. The termination of the piecework agreement will then take effect 48 hours after the employer has been served with the written notice.

(d) For the purpose of the NES, the base rate of pay for a pieceworker is the base rate of pay as defined in the NES.

(e) For the purpose of the NES, the full rate of pay for a pieceworker is the full rate of pay as defined in the NES.

(a) An employee engaged for a total of more than 4 hours on any day or shift on duties carrying a higher rate than their usual classification must be paid the higher rate for the entire day or shift.

(b) An employee engaged for 4 hours or less on any day or shift on duties carrying a higher rate than their ordinary classification must be paid the higher rate for the time worked at the higher classification.

(a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2019. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Silviculture Award 2020 and not the Miscellaneous Award 2010.

16. Payment of wages

(a) Employees must be paid their wages during ordinary hours of work on Thursday of each week or fortnight.

(b) In any week in which a holiday falls on a Thursday or Friday employees must be paid on the preceding Wednesday.

(c) Nothing will prevent any alternative mutual arrangement between an employer and an employee.

(d) The employer must not keep more than 2 days’ wages in hand.

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(b) The requirement to pay wages and other amounts under clause 16.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

17. Allowances

17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.

(a) special allowance (clause 17.3);

(b) industry allowance (clause 17.4(a)).

18. Superannuation

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

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

(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 18.2.

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

(c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.

(a) AustralianSuper;

(b) AustSafe Super

(c) LUCRF Super;

(d) Tasplan;

(e) Sunsuper;

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

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

19. Overtime and Penalty Rates

(a) 150% of the ordinary hourly rate for the first 2 hours; and

(b) 200% of the ordinary hourly rate after 2 hours.

(a) each day’s work will stand alone;

(b) day means all the time between the normal starting time of one day and the normal starting time of the next day;

(c) Saturday means all the time between midnight Friday and midnight Saturday; and

(d) Sunday means all the time between midnight Saturday and midnight Sunday.

(a) Overtime will be arranged so that employees have at least 10 consecutive hours off duty after completing the overtime.

(b) Where an employee works so much overtime that there are fewer than 10 hours between finishing overtime on one day and the commencement of ordinary work on the next day, the employee will be released, subject to clause 19.3(c), until they have had at least 10 consecutive hours off without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instructions of the employer, an employee resumes work or continues work without having had 10 consecutive hours off duty, they will be paid at the rate of 200% of the ordinary hourly rate until released from duty for such period and can then be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 19.7.

(c) An agreement must state each of the following:

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

(e) Time off must be taken:

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.7 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.7(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 19.7 as an employee record.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.7 will apply, including the requirement for separate written agreements under clause 19.7(b) for overtime that has been worked.

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.7 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

20. Shiftwork

(a) day shift means any shift starting at or after 5.00 am and before 10.00 am;

(b) afternoon shift means any shift starting at or after 10.00 am and before 8.00 pm;

(c) night shift means any shift starting at or after 8.00 pm and before 5.00 am; and

(d) rostered shift means a shift for which the employee concerned has had at least 48 hours’ notice.

(a) provide for rotation of shifts unless all the employees concerned agree otherwise;

(b) provide for not more than 8 shifts to be worked in any 9 consecutive days; and

(c) specify the starting and finishing times of each shift.

(a) The ordinary hours of work for shiftworkers must not exceed an average of 38 per week over a cycle of 2, 3 or 4 weeks.

(b) A shift will consist of not more than 8 consecutive hours inclusive of a crib time of 30 minutes which will be counted as time worked.

(a) A shiftworker who has not worked or is not regarded by reason of clause 20.5 as having worked a complete shift cycle will receive pro rata accrued entitlements for each shift worked or regarded as having been worked in that cycle.

(b) The pro rata entitlements will be payable for the rostered off shift or, in the case of termination of employment, on such termination.

(a) The employer and employees concerned must agree in writing upon arrangements for the taking of rostered days off or for their accumulation. The accumulation must be limited to not more than 5 shifts before they are taken as rostered days off.

(b) When rostered days off shifts are taken, they will be regarded as shifts worked for accrual purposes in the particular shift cycle in which they are taken.

(a) All time worked by a shiftworker in excess of or outside the ordinary hours (inclusive of time worked for accrual purposes), or on a shift other than a rostered shift, must be paid for at the rate of 200% of the ordinary hourly rate.

(b) This will not apply when the overtime is worked by arrangements between the employees themselves or for the purpose of effecting the customary rotation of shifts.

(a) Subject to clause 20.12, employees working shifts on public holidays will be paid at 250% of the ordinary hourly rate.

(b) Subject to clause 20.12, employees working shifts on a Sunday will be paid at 200% of the ordinary hourly rate.

(c) The time worked by an employee on a shift commencing before midnight on the day before a Sunday or public holiday, which extends into the Sunday or public holiday will be regarded as time worked on the Sunday or public holiday.

(d) A shift, the majority of which falls on a Sunday or public holiday, will be regarded as a Sunday or public holiday shift.

(a) A shiftworker must be paid for a minimum of 3 hours, at 200% of the ordinary hourly rate each time they are called out to work:

(b) If called out on a public holiday payment will be calculated at the rate prescribed in clause 19.5(c) of this award.

21. Bushfire fighting

21.1 Clause 21 applies to situations where a fire is burning out of control requiring emergency attendance. It does not apply to regeneration burns and the mopping up operations associated with regeneration burns or wildfires.

(a) An employee will retain the classification applicable immediately prior to the outbreak of a wildfire.

(b) For the purpose of and during any period of wildfire firefighting operations the employer may specifically assign an employee to another classification for which a higher wage rate is prescribed. In this case, payment must be made in accordance with clause 15.3—Higher duties.

(a) An employee must receive a rest period of at least 8 consecutive hours between successive work periods.

(b) If a rest period exceeds 16 hours, a new work period will be deemed to commence at the expiration of that 16 hours.

(a) If a work period exceeds 16 hours due to an extreme emergency or lack of transport, an employee must, at the conclusion of the work period, receive a rest period of at least 8 hours duration and must, in respect of such rest period, be paid 8 hours at the ordinary hourly rate.

(b) After 8 hours of any paid rest period, a new work period will be deemed to commence.

(a) Subject to clauses 21.8(b) and 21.8(c), all time worked Monday to Friday (including time worked prior to firefighting work) must be paid for at:

(b) The wage rate will revert to the ordinary hourly rate when the employee has received a rest period of 8 hours.

(c) When penalty rates are being paid, and a work period extends beyond midnight, the penalty rates must continue until the end of the work period.

(a) Stand-by means all time during which an employee is required to be available for an immediate call to work.

(b) An employee on stand-by will be available either at home or at such other place as is mutually agreed with the employer.

(c) Stand-by payment must be at the rate of 50% of the employee’s ordinary hourly rate.

(d) Stand-by for employees on Saturdays, Sundays and public holidays means the 8 hour period between 10.00 am and 6.00 pm.

(e) An employee who is requested to stand by on a Saturday, Sunday or public holiday will be entitled to 8 hours’ stand-by payment for each day so requested.

(f) Despite clause 21.12(e), the employee will be entitled to only 8 hours stand-by pay if by 5.00 pm on their last normal working day preceding a weekend, they are notified that stand-by for that weekend has been cancelled.

(g) Between November and April, an employer may, on any normal weekday which has a high fire danger rating, place an employee on stand-by at the end of the normal working time for the day and/or their departure from the place where they normally cease work for the day. Payment must be made from the normal time of ceasing work at the rate as provided in clause 21.12(c).

(h) Where an employee is called upon to perform firefighting work on any day that they are on stand-by, they must be paid for all time worked at the appropriate prescribed rate in addition to any entitlement for stand-by performed on that day.

(a) An employee recalled to perform work in or in connection with wildfire fighting must be paid for a minimum of 4 hours’ work at the appropriate wage rate each time they are recalled.

(b) The employee must not be required to work the full hours if the job for which they are recalled is completed in a shorter period.

(c) If the work continues for more than 4 hours, the employee must be paid for a minimum work period of 8 consecutive hours.

(a) An employee who has been engaged in firefighting work will be entitled to a break of 10 hours between the end of the firefighting work and the start of normal duties, without loss of pay for recognised working time that occurs during the break.

(b) An employee who has been camped out for at least 3 nights will be entitled to a clear break of 12 hours in accordance with clause 21.15.

(c) These provisions will not apply with respect to any firefighting operations commenced and completed between the hours of 7.00 am and 5.00 pm on the same day.

(a) The employer must provide 3 meals per day.

(b) Where an employee is required to work at night, the employer must provide suitable provisions at reasonable intervals. All food supplied by the employer must be free of charge to the employee.

22. Annual leave

22.1 Annual leave entitlements are provided for in the NES. Annual leave does not apply to casual employees.

(a) instead of the base rate of pay referred to in section 90(1) of the Act, the amount the employee would have earned for working their normal hours, exclusive of overtime, had they not been on leave; and

(b) an additional loading of 17.5% of the ordinary hourly rate.

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 22.4 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.4, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

(a) Where an employer intends temporarily to close (or reduce to nucleus) the place of employment or a section of it for the purpose, amongst others, of allowing annual leave to the employees concerned or a majority of them, the employer may give those employees one month’s notice in writing of an intention to apply the provisions of clause 22.5. In the case of any employee engaged after notice has been given, notice must be given to that employee on the date of their engagement.

(b) Where an employee has been given notice pursuant to clause 22.5(a) and the employee has:

(c) Public holidays that fall within the period of close down will be paid as provided for in this award and will not count as a day of annual leave or leave without pay.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave.

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 22.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 22.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

(a) If an employer has genuinely tried to reach agreement with an employee under clause 22.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 22.7(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 22.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 22.7(a) may request to take a period of paid annual leave as if the direction had not been given.

(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 22.8(a) if:

(c) A notice given by an employee under clause 22.8(a) must not:

(d) An employee is not entitled to request by a notice under clause 22.8(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 22.8(a).

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.9.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.9.

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

(d) An agreement under clause 22.9 must state:

(e) An agreement under clause 22.9 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i) The employer must keep a copy of any agreement under clause 22.9 as an employee record.

23. Personal/carer’s leave and compassionate leave

24. Parental leave and related entitlements

25. Community service leave

26. Unpaid family and domestic violence leave

27. Public holidays

27.1 Public holiday entitlements are provided for in the NES.

27.2 An employee working on a public holiday will be paid in accordance with clauses 19.5(c), 19.6(d), 20.12 or 21.11.

28. Consultation about major workplace change

28.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(c) commence discussions as soon as practicable after a definite decision has been made.

28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).

28.5 In clause 28 significant effects, on employees, includes any of the following:

(a) termination of employment; or

(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c) loss of, or reduction in, job or promotion opportunities; or

(d) loss of, or reduction in, job tenure; or

(e) alteration of hours of work; or

(f) the need for employees to be retrained or transferred to other work or locations; or

(g) job restructuring.

28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.

29. Consultation about changes to rosters or hours of work

29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

29.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

29.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

29.4 The employer must consider any views given under clause 29.3(b).

29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

30. Dispute resolution

30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

30.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.

30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.

30.8 While procedures are being followed under clause 30 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

30.9 Clause 30.8 is subject to any applicable work health and safety legislation.

31. Termination of employment

(a) Clause 31.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

(c) In clause 31.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 31.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 31.1(b), then no deduction can be made under clause 31.1(d).

(f) Any deduction made under clause 31.1(d) must not be unreasonable in the circumstances.

(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 31.2 is to be taken at times that are convenient to the employee after consultation with the employer.

32. Redundancy

(a) Clause 32.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 32.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 32 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 32.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 32.3(b).

(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 31.2.

1 Shiftworkers who work on any afternoon or night shift which does not continue for at least 5 successive afternoons or nights.
2 Ordinary hourly rate includes the industry and special allowances payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.