DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/201)

CORRECTIONS AND DETENTION (PRIVATE SECTOR) AWARD 2010
[MA000110]

4 yearly review of modern awards – Corrections and Detention (Private Sector) Award 2010 – modern award varied.

A. Further to the decisions issued by the Full Bench of the Fair Work Commission on 24 October 2019 [[2019] FWCFB 7173] and 25 November 2019 [[2019] FWCFB 7854] the Corrections and Detention (Private Sector) Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation from 4 February 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 4 February 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Corrections and Detention (Private Sector) Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 4
4. Coverage 4
5. Individual flexibility arrangements 5
6. Requests for flexible working arrangements 7
7. Facilitative provisions 8
Part 2— Types of Employment and Classifications 8
8. Types of employment 8
9. Full-time employees 9
10. Part-time employees 9
11. Casual employees 10
12. Classifications 12
Part 3— Hours of Work 12
13. Ordinary hours of work and rostering 12
14. Breaks 14
Part 4— Wages and Allowances 15
15. Minimum rates 15
16. Payment of wages 18
17. Allowances 19
18. Superannuation 21
Part 5— Overtime and Penalty Rates 22
19. Overtime 22
20. Penalty rates 24
Part 6— Leave and Public Holidays 25
21. Annual leave 25
22. Personal/carer’s leave and compassionate leave 28
23. Parental leave and related entitlements 29
24. Community service leave 29
25. Unpaid family and domestic violence leave 29
26. Public holidays 29
Part 7— Consultation and Dispute Resolution 29
27. Consultation about major workplace change 29
28. Consultation about changes to rosters or hours of work 30
29. Dispute resolution 31
Part 8— Termination of Employment and Redundancy 32
30. Termination of employment 32
31. Redundancy 33
Schedule A —Classification Definitions—Correctional Employees 35
Schedule B —Classification Definitions—Detention Services 44
Schedule C —Classification Definitions—Catering employees (Corrections and Detention Services) 46
Schedule D —Summary of Hourly Rates of Pay 50
Schedule E —Summary of Monetary Allowances 58
Schedule F —Agreement to Take Annual Leave in Advance 60
Schedule G —Agreement to Cash Out Annual Leave 61
Schedule H —Part-day public holidays 62

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Corrections and Detention (Private Sector) 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

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).
corrections and detention industry has the meaning given in clause 4.2.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
DIDO means drive in/drive out.
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
FIFO means fly in/fly out.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
remote work means work required to be performed in any location that is operated by the employer as a remote location, including but not limited to sites operating on a fly in/fly out, drive in/drive out (FIFO/DIDO) or bus in/bus out basis.
standard rate means the minimum weekly rate for a Court Security Officer in clause 15.1(a).

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 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.

4. Coverage

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

4.2 In this award, the corrections and detention industry means the private operation of correctional facilities, custody centres, court custody services and detention facilities, and the private operation of prisoner or detainee facilities or services, including the provision of security escort services to and from correctional facilities, courts and/or hospitals carried out by private operators.

4.3 This award does not cover contractors to owners or operators of corrections and detention industry facilities, and the employees of such contractors, where such contractors are covered by any of the following awards:

(a) Building and Construction General On-site Award 2010;

(b) Clerks—Private Sector Award 2010;

(c) Electrical, Electronic and Communications Contracting Award 2010;

(d) Joinery and Building Trades Award 2010;

(e) Manufacturing and Associated Industries and Occupations Award 2010;

(f) Mobile Crane Hiring Award 2010;

(g) Plumbing and Fire Sprinklers Award 2010; and

(h) Security Services Industry Award 2010,

unless such contractor is a sub-contract operator of a corrections and detention industry facility.

4.4 This award covers any employer which supplies labour on an on-hire basis in the corrections and detention 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 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for trainees engaged in the corrections and detention industry and/or parts of the 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 4.5 operates subject to the exclusions from coverage in this award.

4.6 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.

4.7 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 (including having regard to historical coverage of such employees).

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

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).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

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

6.1 Employee may request change in working arrangements

Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.
NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances, as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’ (see section 65(5) and (5A)).
NOTE 3: Clause 6 is an addition to section 65.

6.2 Responding to the request

Before responding to a request made under section 65, the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(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.

NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days, stating whether the employer grants or refuses the request (section 65(4)).
NOTE 2: If the employer refuses the request, then the written response must include details of the reasons for the refusal (section 65(6)).

6.3 What the written response must include if the employer refuses 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:

(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances; and

(ii) if the employer can offer the employee such changes in working arrangements, set out those changes in working arrangements.

6.4 What the written response must include if a different change in working arrangements is agreed

If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee, then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

6.5 Dispute resolution

Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6, can be dealt with under clause 29—Dispute resolution.

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:

Part 2—Types of Employment and Classifications

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 of the terms of their engagement and in particular whether they are to be full-time, part-time or casual. This decision will be recorded in a time and wages record.

9. Full-time employees

9.1 A full-time employee is an employee engaged to work an average of 38 ordinary hours per week on either:

(a) an on-going basis; or

(b) for a fixed period of time (determined by reference to a specific date or event).

10. Part-time employees

10.1 An employer may employ part-time employees in any classification in this award on either:

(a) an on-going basis;

(b) or for a fixed period of time (determined by reference to a specific date or event).

10.2 A part-time employee:

(a) is engaged to work less than full-time hours of an average of 38 ordinary hours per week;

(b) has reasonably 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.

10.3 At the time of engagement the employer and the part-time employee will agree on a regular pattern of work, specifying in writing at least:

(a) the hours worked each day;

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

(c) the actual starting and finishing times each day.

10.4 Any agreed variation to the hours of work will be recorded in writing.

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

10.6 An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 11—Casual employees.

10.7 All time worked in excess of the hours as agreed under clause 10.3 or varied under clause 10.4 will be overtime and paid for at the rates prescribed in clause 19—Overtime.

10.8 A part-time employee employed under the provisions of clause 10 must be paid for ordinary hours worked at the minimum hourly rate prescribed in clause 15—Minimum rates for the work performed.

11. Casual employees

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

11.2 Casual loading

(a) For each ordinary hour worked, a casual employee must be paid:

(i) the minimum hourly rate and rates payable for shift and weekend work on the same basis as a weekly employee; and

(ii) an additional loading of 25% of the minimum hourly rate,

for the classification in which they are employed.

(b) The casual loading is paid instead of paid leave under this award and the NES.

11.3 Penalty rates and overtime

(a) Penalty rates (including public holiday penalty rates) and overtime for casual employees will be calculated on the minimum hourly rate for the classification in which they are employed exclusive of the casual loading.

11.4 Right to request casual conversion

(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:

(i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award – that is, the casual employee is not truly a regular casual employee as defined in clause 11.4(b);

(ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months;

(iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or

(iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

(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 29—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:

(i) the form of employment to which the employee will convert – that is, full-time or part-time employment; and

(ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 10.3.

(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 this subclause 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 this subclause 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).

11.5 Change in the basis of employment

Nothing in this award prevents the employer and the employee from agreeing to change the basis of the employee’s employment (as identified in clause 11.5) from time-to-time. Any agreed variation will be recorded in writing.

12. Classifications

12.1 Descriptions of the classifications under this award are set out in:

(a) Schedule A—Classification Definitions—Correctional Employees;

(b) Schedule B—Classification Definitions—Detention Services; and

(c) Schedule C—Classification Definitions—Catering employees (Corrections and Detention Services).

Part 3—Hours of Work

13. Ordinary hours of work and rostering

13.1 Ordinary hours and roster cycles

(a) The corrections and detention industry operates 24 hours per day, 7 days per week (including weekends and public holidays). Subject to the terms of this award, employees may be rostered to work their ordinary hours on any day and at any time in a day in order to meet operational requirements.

(b) Employees other than shiftworkers may be required to work up to 10 ordinary hours per day.

(c) The following time is working time for the purposes of clause 13 and must be paid for at the appropriate rate:

(i) rest breaks for shiftworkers;

(ii) time occupied by an employee in filling in any time record or cards or in the making of records (other than time spent checking in or out when entering or leaving the employer’s premises);

(iii) time spent attending a court in relation to any matter arising out of or in connection with the employee’s duties; and

(iv) time spent at the direction of the employer attending training courses (other than any course undertaken by an employee in order to obtain a security licence where the employee does not already hold a security licence under licensing legislation).

13.2 Ordinary hours of work and roster cycles—day workers

(a) Ordinary hours of work for full-time and part-time employees other than shiftworkers are worked between 6.00 am and 6.00 pm any day of the week.

(b) The ordinary hours of work for a full-time employee are an average of 38 hours per week (not including unpaid meal breaks) over a period of 28 days.

13.3 Ordinary hours of work and roster cycles—shiftworkers

(a) A shiftworker is an employee who works a roster cycle where their ordinary hours are rostered outside the span of hours referred to in clause 13.2(a).

(b) A shiftworker’s roster cycle will provide for an average of 38 ordinary hours over a period not exceeding 8 weeks.

13.4 Shift duration

Ordinary time shifts must be:

13.5 Break between successive shifts

There must be a break of at least 8 hours between any 2 successive ordinary time shifts.

13.6 Long breaks

(a) An employee must be given separate long breaks of continuous time off work in each roster cycle as follows:

(b) An employee must not be required to work more than a total of 48 hours of ordinary time between long breaks, other than in an emergency.

13.7 Work cycle or FIFO/DIDO operations

(a) The total ordinary hours of work during a work cycle must not exceed 38 hours multiplied by the total number of working and non-working weeks in the work cycle.

(b) Employees required to work in remote locations may be engaged to work on a work cycle made up of working and non-working days.

(c) For the purpose of clause 13.7(b), remote work means work required to be performed in any location that is operated by the employer as a remote location, including but not limited to sites operating on a fly in/fly out, drive in/drive out (FIFO/DIDO) or bus in/bus out basis.

(d) The applicable overtime rates will be paid for work required to be performed in addition to rostered hours on any shift and for time required to be worked in excess of the total rostered hours in the work cycle.

14. Breaks

14.1 The employer will provide unpaid meal breaks, unless clause 14.7 applies, at times suitable to operational requirements, taking into account the wishes of the employee. The number, starting and finishing times of meal breaks will be specified.

14.2 The length of the meal break must be at least 30 minutes.

14.3 Except where otherwise permitted by clause 14, the employee will not be required to work for more than 5 hours without an unpaid meal break unless the employee and the employer otherwise agree.

14.4 If for operational or emergency reasons the employee is required to remain on duty, they may arrange to take meals during their hours of duty without a specific meal break.

14.5 When the employee is required by their supervisor to work through their meal break in accordance with clause 14.4, time off at ordinary rates will be approved in accordance with this award.

14.6 If for operational reasons it is impractical for all employees within a work group to observe the same time for the taking of a meal break, meal breaks may be staggered.

14.7 Shiftworkers will be granted paid rest breaks of at least 10 minutes in duration, at times suitable to operational requirements taking into account the wishes of the employee.

Part 4—Wages and Allowances

15. Minimum rates

15.1 An employer must pay adult employees not less than the minimum rates applicable to the employee’s classification for ordinary hours worked by the employee, as follows:

(a) Corrections employees and detention services

Employee classification	Minimum weekly rate $ (full-time employee)	Minimum hourly rate $
Correctional employees (see Schedule A—Classification Definitions—Correctional Employees)
Trainee	768.60	20.23
Correctional Officer Level 1	829.20	21.82
Correctional Officer Level 2	904.00	23.79
Correctional Officer—Perimeter/Security Level 1	821.30	21.61
Correctional Officer—Perimeter/Security Level 2	829.20	21.82
Correctional Supervisor Level 1	1028.10	27.06
Correctional Supervisor Level 2	1069.10	28.13
Court Security Officer	821.30	21.61
Court Security Supervisor	883.10	23.24
Custody Officer	862.50	22.70
Prisoner Escort Transport Officer	862.50	22.70
Detention employees (see Schedule B—Classification Definitions—Detention Services)
Induction Trainee	797.40	20.98
Detention Services Officer Level 1	821.30	21.61
Detention Services Officer Level 2	862.50	22.70
Operations Co-ordinator	943.90	24.84

(b) Catering employee classifications (corrections and detention services)

Levels and Classification (see Schedule C—Classification Definitions—Catering employees (Corrections and Detention Services))	Minimum weekly rate $ (full-time employee)	Minimum hourly rate $
Introductory	740.80	19.49
Level 1
Food and beverage attendant grade 1	762.10	20.06
Kitchen attendant grade 1
Level 2	791.30	20.82
Cook grade 1
Food and beverage attendant grade 2
Kitchen attendant grade 2
Storeperson grade 1
Level 3	818.50	21.54
Cook grade 2
Food and beverage attendant grade 3
Kitchen attendant grade 3
Storeperson grade 2
Level 4	862.50	22.70
Cook (tradesperson) grade 3
Food and beverage attendant (tradesperson) grade 4
Storeperson grade 3
Level 5	916.60	24.12
Cook (tradesperson) grade 4
Food and beverage supervisor
Level 6	941.10	24.77
Cook (tradesperson) grade 5

NOTE: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

15.2 Higher duties

(a) An employee required to perform all of the duties of a position for which a higher rate of pay is fixed by this award for at least 3 consecutive working days will be paid an allowance to increase the employee’s rate of pay to the minimum rate of pay for that higher position for the period they are employed at the higher level.

(b) A higher duties allowance will not be paid to:

(i) an employee on long service leave, unless the assignment has continued for a period exceeding 12 months;

(ii) an employee on parental leave;

(iii) an employee who proceeds on full-time study leave immediately following a higher duties assignment; or

(iv) an employee taking planned annual leave unless the employee was performing the higher duties immediately before the taking of annual leave.

(c) For the purposes of clause 15.2, the duties of a position will mean the duties which would usually be performed in the position during the period applicable.

15.3 National training wage

(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 Corrections and Detention (Private Sector) Award 2020 and not the Miscellaneous Award 2010.

16. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

16.1 Wages, allowances, penalty or overtime payments due to an employee must be paid by the employer fortnightly by electronic funds transfer (EFT) to a bank or financial institution account nominated by the employee. In exceptional circumstances, the employer will make provision for off-line payments.

16.2 Where a normal payday falls on a public holiday, the EFT to the employee’s nominated account must be made no later than the last working day prior to the public holiday.

16.3 Payment on termination of employment

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

(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii) all other amounts that are due to the employee under this award and the NES.

(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.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 16.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

17. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17. See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

17.2 Wage-related allowances

(a) First aid training allowance

(i) An employee will be reimbursed for the cost of training and obtaining, maintaining and upgrading any first aid qualification if required by the employer.

(ii) A first aid allowance of $3.78 per shift (to a maximum of $16.26 per week) is payable to an employee where an employee holds a Senior First Aid Certificate (also known as Apply First Aid or Workplace Level 2) and is designated by the employer to act as a First Aid Officer.

(b) Dog handler’s allowance

(i) For the purpose of clause 17.2(b), an employee is responsible for maintaining an animal attached to a dog handlers’ unit if they are responsible for feeding; exercising; home kennelling; transporting and ensuring the safety and security of the animal.

(ii) Where an employee is responsible for maintaining an animal attached to a dog handler’s unit an employer will directly provide the following services:

• feeding;
• exercising;
• home kennelling;
• transporting; and
• ensuring the safety and security of the animal.

(iii) If the employer does not provide the services in clause 17.2(b)(i) they will:

• pay the costs associated with maintaining the animal; or
• pay the employee a weekly allowance of 5% of the employee’s weekly rate of pay in clause 15.1.

(iv) An employee and their employer may agree to arrangements that involve part direct provision and/or payment of costs and part payment of the weekly dog handler’s allowance.

(v) The employer will be responsible for providing alternative kennel facilities for the animal during an employee’s leave.

(vi) The employer will cover the cost of approved veterinary treatment provided to the animal.

17.3 Expense-related allowances

(a) Meal allowance

(i) The employer will where practicable provide a meal of suitable quality to an employee:

• if required by the employer to take a meal break at their post; or
• if required to perform more than 2 hours overtime duty.

(ii) If a meal cannot be provided in accordance with clause 17.3(a), the employee will provide their own meal and be paid an allowance of $17.01 per meal.

(b) Clothing allowance

An employee will be reimbursed for the cost of a corporate uniform unless the uniform is provided by the employer.

(c) Travelling—transport and fares

(i) An employee travelling under the instructions of the employer will have all reasonable costs associated with their travel, including accommodation and meals, paid for by the employer.

(ii) If required by the employer to commence and cease work at other than the employee’s normal place of work, the employee will, in addition to all other entitlements, be paid for all time in excess of that normally taken to travel between the employee’s residence and normal place of work at the relevant ordinary time rate specified in clause 15.1, in addition to all other entitlements.

(iii) An employee required to use their own vehicle will be paid a vehicle allowance for all excess travelling at the rate of:

• $0.78 per kilometre in the case of a motor vehicle; and
• $0.26 per kilometre in the case of a motor cycle.

(iv) An employee will be paid an allowance if required to be on duty away from the employee’s normal place of work during meal times as follows:

• breakfast between 6.00 am and 8.00 am—$19.92;
• lunch between 12 noon and 2.00 pm—$19.92;
• dinner after 6.00 pm—$33.21.

(d) Accommodation allowance

If an employee occupies accommodation provided by the employer, the employer will pay the local government rates, water rates and any other rates or levies for such accommodation.

18. Superannuation

18.1 Superannuation legislation

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

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

18.2 Employer contributions

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

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

18.4 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or (b) to one of the following superannuation fund or its successor:

(a) AustralianSuper; or

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

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

Part 5—Overtime and Penalty Rates

19. Overtime

19.1 Employer’s right to require overtime

The employer’s right to require reasonable overtime is provided for in the NES.

19.2 Payment for overtime

(a) A full-time or part-time employee is paid at overtime rates for any work done outside the spread of hours or rostered hours set out in clause 13—Ordinary hours of work and rostering.

(b) In addition, a part-time employee is paid at overtime rates in the circumstances specified in clause 10.7.

(c) A 3 hour minimum period of overtime will apply for overtime which is not continuous with ordinary duties.

(d) Overtime will be paid at the following rates:

19.3 Time off instead of payment for overtime

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

(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

EXAMPLE: By making an agreement under clause 19.3 an employee who worked 2 overtime hours at 150% of the minimum hourly rate is entitled to 3 hours’ time off.

(c) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.3 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.

(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.3(c), 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.

(f) 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.

(g) 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 19.3 will apply for overtime that has been worked.

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.3 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.3

19.4 Rest periods

(a) An employee is entitled to a rest period of at least 10 hours continuous duration in each 24 hour period other than in emergency situations.

(b) An employee required to work, as a result of an emergency situation, during or after a rest period is due, will receive overtime in accordance with this award for all time so worked until a rest period of at least 8 hours continuous duration is taken.

19.5 Call-back

An employee required to return to the employer’s premises or any other location at which they are required to perform duty, after they have ceased duty for the day and left the location at which they were performing work must be paid at the appropriate overtime rate for a minimum of:

(a) 3 hours, if recalled on Monday to Saturday; and

(b) 4 hours if recalled on a Sunday or public holiday.

20. Penalty rates

20.1 Spans of hours

In this award, a span refers to a period or periods as follows:

20.2 Permanent night work

Permanent night work is work performed during a night span over the whole period of a roster cycle in which more than two thirds of the employee’s ordinary shifts include ordinary hours between midnight and 6.00 am.

20.3 Penalty rates

Penalty rates apply to each ordinary hour worked in the following span:

20.4 The penalty rates are not cumulative. Where an employee’s salary is inclusive of an amount in compensation for the employee performing regular shiftwork, these penalty rates are not separately payable to the employee.

NOTE: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

Part 6—Leave and Public Holidays

21. Annual leave

21.1 Annual leave is provided for in the NES.

21.2 Shiftworkers for the purposes of the NES

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

(a) who works a roster and who, over the roster cycle, may be rostered to work ordinary shifts on any of the 7 days of the week; and

(b) who is regularly rostered to work on Sundays and public holidays.

21.3 Annual leave loading

The employee will be paid an annual leave loading of 17.5% calculated on the employee’s base rate of pay in addition to payment for annual leave.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

21.4 Annual leave in advance

(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:

(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and

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

NOTE: An example of the type of agreement required by clause 21.4 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance

(c) The employer must keep a copy of any agreement under clause 21.4 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 21.4, 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.

21.5 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.5.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.5.

(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 21.5 must state:

(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii) the date on which the payment is to be made.

(e) An agreement under clause 21.5 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 21.5 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 21.5.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.5.
NOTE 3: An example of the type of agreement required by clause 21.5 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.

21.6 Excessive leave accruals: general provision

NOTE: Clauses 21.6 to 21.8 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 21.2).

(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 21.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 21.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

21.7 Excessive leave accruals: direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 21.6(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 21.7(a):

(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.6, 21.7 or 21.8 or otherwise agreed by the employer and employee) are taken into account; and

(ii) must not require the employee to take any period of paid annual leave of less than one week; and

(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c) The employee must take paid annual leave in accordance with a direction under clause 21.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 21.7(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 21.7(d) may result in the direction ceasing to have effect. See clause 21.7(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

21.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.6(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 21.8(a) if:

(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii) the employee has not been given a direction under clause 21.7(a) that, when any other paid annual leave arrangements (whether made under clause 21.6, 21.7 or 21.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 21.8(a) must not:

(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.6, 21.7 or 21.8 or otherwise agreed by the employer and employee) are taken into account; or

(ii) provide for the employee to take any period of paid annual leave of less than one week; or

(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv) be inconsistent with any leave arrangement agreed by the employer and employee.

(d) An employee is not entitled to request by a notice under clause 21.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 21.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 21.8(a).

22. Personal/carer’s leave and compassionate leave

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

23. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

24. Community service leave

Community service leave is provided for in the NES.

25. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

26. Public holidays

26.1 Public holiday entitlements are provided for in the NES.

26.2 Where an employee works on a public holiday they will be paid in accordance with clauses 19.2 and 20.3.

26.3 Substitution of public holidays by agreement

If a rostered day off for a day worker falls on a public holiday as prescribed in the NES, the next working day or another day will be substituted by written agreement.

26.4 Part-day public holidays

For provisions relating to part-day public holidays see Schedule H—Part-day public holidays.

Part 7—Consultation and Dispute Resolution

27. Consultation about major workplace change

27.1 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):

(i) the introduction of the changes; and

(ii) their likely effect on employees; and

(iii) measures to avoid or reduce the adverse effects of the changes on employees; and

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

27.2 For the purposes of the discussion under clause 27.1(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.

27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

27.4 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 27.1(b).

27.5 In clause 27 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.

27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.

28. Consultation about changes to rosters or hours of work

28.1 Clause 28 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.

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

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

(a) provide to the employees and representatives mentioned in clause 28.2 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.

28.4 The employer must consider any views given under clause 28.3(b).

28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

29. Dispute resolution

29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

29.2 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.

29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2, 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.

29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3, a party to the dispute may refer it to the Fair Work Commission.

29.5 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.

29.6 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.

29.7 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 29.

29.8 While procedures are being followed under clause 29 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.

29.9 Clause 29.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

30. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

30.1 Notice of termination by an employee

(a) Clause 30.1 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.

Table 1—Period of notice

Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given	Column 2 Period of notice
Not more than 1 year	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c) In clause 30.1(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 30.1(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 30.1(b), then no deduction can be made under clause 30.1(d).

(f) Any deduction made under clause 30.1(d) must not be unreasonable in the circumstances.

30.2 Job search entitlement

(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 30.2 is to be taken at times that are convenient to the employee after consultation with the employer.

31. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

31.1 Transfer to lower paid duties on redundancy

(a) Clause 31.1 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:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 31.1(c).

(c) If the employer acts as mentioned in clause 31.1(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.

31.2 Employee leaving during redundancy notice period

(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 31 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.

31.3 Job search entitlement

(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 31.3(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 31.3(b).

(d) An employee who fails to produce proof when required under clause 31.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 30.2.

Schedule A
—Classification Definitions—Correctional Employees
A.1 Trainee Custodial Officer
A.1.1 Relates only to Custodial Officer recruit training, typically a course of around 6 to 8 weeks conducted off-site with a 2 week on-the-job training component.
A.1.2 The purpose of the recruit training is to provide an understanding of the prison environment and equip staff with the basic skills and knowledge to enable them to work effectively in a prison environment.
A.2 Correctional Officer Level 1 and 2
A.2.1 A Correctional Officer is an employee who has fulfilled the training requirements set down for a Trainee Custodial Officer, or who has been assessed as meeting these requirements through the employer’s Recognition of Prior Learning (RPL) program, and whose indicative tasks will be limited to those specified therein.
A.2.2 The primary objective of the Correctional Officer is to ensure, on a day-to-day basis, provision of quality services to prisoners, including prisoner rehabilitation, case management, and to actively participate in the operation and determination of priorities of any one of the assigned areas.
A.2.3 Progression from Correctional Officer Level 1 to Level 2 is based on the satisfactory completion of the equivalent of one year of full-time service in that classification and possession of Certificate III in Correctional Practice.
A.2.4 Indicative tasks of a Correctional Officer are to:

• Supervise the behaviour and activities of prisoners on a day-to-day basis in accordance with a correctional centre’s routine or structured day.
• Interact with prisoners and respond to their needs through the provision of services in an appropriate manner in accordance with relevant legislation and the Operating Manual.
• Take part in the rehabilitation of prisoners by actively participating in and overseeing their work and program activities, particularly through prisoner rehabilitation involving the use of case management principles.
• Monitor and maintain the dynamic and static security requirements of a correctional centre, reporting orally and in writing any unusual behaviour or occurrence, which could result in a breach of security.
• Undertake searches and perform escort duties of prisoners both within a correctional centre and externally when required.
• Participate in the reception, induction, transfer and discharge of prisoners in accordance with the policy and procedures of the employer.
• Supervise and co-ordinate other custodial staff assigned within the area of responsibility.
• Participate in quality assurance teams as assigned by management, in order to assist with the implementation of quality standards throughout the centre.
• Comply with Work Health and Safety and Equal Employment Opportunity (EEO)/Affirmative Action requirements in accordance with relevant legislative requirements and contribute to the maintenance and improvement of safety and equity in the workplace.

A.2.5 Competencies of a Correctional Officer are:

• Demonstrated knowledge of the Operating Manual and other policies and procedures of the employer.
• Demonstrated high level of communication skills, including the ability to negotiate and interact with people from various ethnic backgrounds.
• Ability to write comprehensive reports and correspondence.
• Ability to initiate new ideas and apply creative solutions to the resolution of problems.
• Ability to be decisive and handle situations in a firm, fair and equitable manner.
• Basic level of computer literacy.
• Demonstrated knowledge of Equal Employment Opportunity, Affirmative Action Plan and Workplace Health and Safety Principles.

A.3 Correctional Officer—Perimeter/Security Level 1 and 2
A.3.1 A Correctional Officer—Perimeter/Security is an employee who has fulfilled the training requirements set down for a Trainee Custodial Officer, or who has been assessed as meeting these requirements through the employer’s RPL program and whose indicative tasks will be limited to those specified therein.
A.3.2 The primary objective of the Correctional Officer – Perimeter/Security is to ensure, on a day-to-day basis, provision of quality services to prisoners, primarily the provision of static security duties in and around the perimeter of a correctional centre, and actively participate in the operation and determination of priorities of any one of the assigned areas. Correctional Officer – Perimeter/Security will not have regular contact with or responsibility for prisoners during those times prisoners are unlocked from their cells.
A.3.3 Progression from Correctional Officer—Perimeter/Security Level 1 to Level 2 is based on the satisfactory completion of the equivalent of one year of full-time service at Correctional Officer Perimeter/Security Level 1 and possession of Certificate III in Correctional Practice.
A.3.4 Indicative tasks of a Correctional Officer—Perimeter/Security are to:

• Monitor (and where required) direct the behaviour and activities of prisoners on a day-to-day basis in accordance with a correctional centre’s routine or structured day.
• Where required, interact with prisoners and respond to their needs through the provision of services in an appropriate manner in accordance with relevant legislation and the Operating Manual.
• Assist other staff engaged in the rehabilitation of prisoners by recording observations of prisoners as data in established case management or at risk plans, where directed.
• Monitor and maintain the static security requirements of a correctional centre, reporting orally and in writing any unusual behaviour or occurrence, which could result in a breach of security.
• Undertake searches and perform escort duties of prisoners both within a correctional centre and externally when required (local area/metropolitan escort duties only).
• Participate in the reception, induction, transfer and discharge of prisoners in accordance with the policy and procedures of the employer.
• Participate in quality assurance teams as assigned by management, in order to assist with the implementation of quality standards throughout the centre.
• Comply with Work Health and Safety and EEO/Affirmative Action requirements in accordance with relevant legislative requirements and contribute to the maintenance and improvement of safety and equity in the workplace.

A.3.5 Competencies of a Correctional Officer—Perimeter/Security are:

• Demonstrated knowledge of the Operating Manual and other policies and procedures of the employer.
• Demonstrated high level of communication skills, including the ability to negotiate and interact with people from various ethnic backgrounds.
• Ability to write comprehensive reports and correspondence.
• Ability to initiate new ideas and apply creative solutions to the resolution of problems.
• Ability to be decisive and handle situations in a firm, fair and equitable manner.
• Basic level of computer literacy.
• Demonstrated knowledge of EEO, Affirmative Action Plan and Workplace Health and Safety Principles.

A.4 Correctional Supervisor Levels 1 and 2
A.4.1 Correctional Supervisor is an employee who has fulfilled the training and experience requirements set down for a Correctional Officer and whose indicative tasks will be limited to those specified herein. In the case of employees who, upon engagement, hold acceptable qualifications and have suitable experience, the requirements to first serve as a Correctional Officer may be waived at the discretion of the employer. They must have demonstrated above average communication, supervisory, interpersonal and writing skills consistent with the indicative tasks and competencies outlined below.
A.4.2 A Correctional Supervisor is employed to manage and maintain custody of prisoners on a day-to-day basis, monitor prisoner activities and enforce centre policies and procedures, maintain oversight of work within designated areas and assist with the supervision of other correctional staff.
A.4.3 As this is an appointed position subject to vacancy being available, merit selection addressing the key selection criteria as set out below and an interview process, it is not subject to automatic advancement from Correctional Officer.
A.4.4 Progression from Correctional Supervisor Level 1 to Level 2 is based on the satisfactory completion of the equivalent of one year of full-time service at Correctional Supervisor Level 1 and possession of Certificate III in Correctional Practice.
A.4.5 Indicative tasks of a Correctional Supervisor are to:

• Supervise the behaviour and activities of prisoners on a daily basis in accordance with a correctional centre’s routine or structured day.
• Interact with prisoners and respond to their needs through the provision of services in an appropriate manner in accordance with relevant legislation and the Operating Manual.
• Be involved with and assist other unit officers with the management of case loads.
• Monitor and maintain the dynamic and static security requirements of a correctional centre, reporting orally and in writing any unusual behaviour or occurrence which could result in a breach of security.
• Undertake searches and perform escort duties of prisoners both within a correctional centre and externally when required.
• Supervise and co-ordinate other custodial staff assigned within the area of responsibility.
• Develop, implement and maintain procedures for the effective and efficient operation of the area of responsibility in consultation with the next line of supervision (Correctional Manager).
• Ensure prompt and appropriate assistance to prisoners in the event of injury, illness and emotional trauma.
• Interpret and implement procedures and policies in relation to a correctional centre as a whole and specifically the assigned area of responsibility.
• Monitor and suggest improvements in order to achieve greater efficiencies.
• Make decisions as necessary to ensure a correctional centre is operating to a defined schedule and the direction and control of movement is co-ordinated and driven according to such schedule.
• Comply with relevant legislation and the Operating Manual.
• Comply with Work Health and Safety and EEO/Affirmative Action requirements in accordance with relevant legislation and contribute to the maintenance and improvement of safety and equity in the workplace.

A.4.6 Competencies of a Correctional Supervisor are:

• Demonstrated knowledge of corrections policies and the Operating Manual.
• Demonstrated sound level of communication skills, including the ability to negotiate and interact with people from varying social and ethnic backgrounds.
• Ability to initiate new ideas and apply creative solutions to the resolution of problems.
• Ability to be decisive and handle situations in a firm, fair and equitable manner.
• Knowledge of EEO, Sexual Harassment and Workplace Health and Safety principles and practices.
• Ability to supervise staff.

A.5 Court Security Officer
A.5.1 A Court Security Officer is an employee who has fulfilled the training requirements set down for a Trainee court security officer, or who has been assessed as meeting these requirements through the employer’s RPL program, and whose indicative tasks will be limited to those specified therein.
A.5.2 The primary objective of the Court Security Officer is to ensure, on a day-to-day basis, the security of prisoners, staff, judiciary and the public within a court complex.
A.5.3 Indicative tasks for a Court Security Officer are to:

• Escort prisoners within a centre to the court/s when they are required on a day-to-day basis in accordance with approved routines and policies.
• Assist the centre in the administration of legal visits.
• Assist in searching of prisoners entering and leaving the centre, if required.
• Escort prisoners from the centre to external venues as required.
• Assist with the maintenance of the static security requirements of the centre, reporting, orally and in writing, any unusual behaviours or occurrences which could result in a breach of security.
• Comply with the Work Health and Safety legislation, other relevant legislation and EEO/EOWA requirements and contribute to the maintenance and improvement of safety and equity in the workplace.
• Organise for the repair of minor damage to furniture and fittings.
• Other duties as directed by the Centre Manager.

A.5.4 Competencies of a Court Security Officer are:

• Demonstrated knowledge of the Operating Manual and other policies and procedures of the employer.
• Demonstrated high level of communication skills, including the ability to negotiate and interact with people from various ethnic backgrounds.
• Ability to write comprehensive reports and correspondence.
• Ability to initiate new ideas and apply creative solutions to the resolution of problems.
• Ability to be decisive and handle situations in a firm, fair and equitable manner.
• Basic level of computer literacy.
• Demonstrated knowledge of EEO, Affirmative Action Plan and Workplace Health and Safety Principles.

A.6 Court Security Supervisor
A.6.1 A Court Security Supervisor is a person selected on merit to ensure on a day-to-day basis, the efficient delivery of prisoners to court/s within the centre by scheduling the prisoners in accordance with the court lists.
A.6.2 Indicative tasks for a Court Security Supervisor are to:

• On a daily basis ensure the prisoners are available for escort to the appropriate courts at the correct time.
• Identify the number of officers required each day and ensure the rosters are prepared, maximising the staffing efficiencies.
• Comply with the Safe Work Australia Act 2008 (Cth), other relevant legislation and EEO/EOWA and contribute to the maintenance and improvement of safety and equity in the workplace.
• Organise external escorts when required.
• Monitor and maintain the dynamic and static security requirements of the centre reporting, orally and in writing, any unusual behaviours or occurrences which could result in a breach of security.
• Supervise the Court Security Officers on a daily basis.
• Participate in quality assurance teams as assigned by management, in order to assist with the implementation of the quality standards in the centre.
• Other duties as directed by the Operations Manager or Centre Manager.

A.6.3 Competencies of a Court Security Supervisor are:

• Demonstrated knowledge of the Operating Manual and other policies and procedures of the employer.
• Demonstrated high level of communication skills, including the ability to negotiate and interact with people from various ethnic backgrounds.
• Ability to write comprehensive reports and correspondence.
• Ability to initiate new ideas and apply creative solutions to the resolution of problems.
• Ability to be decisive and handle situations in a firm, fair and equitable manner.
• Basic level of computer literacy.
• Demonstrated knowledge of EEO, Affirmative Action Plan and Workplace Health and Safety Principles.
• Ability to prepare rosters.

A.7 Custody Officer
A.7.1 A Custody Officer is an employee who has fulfilled the training requirements set down for a Trainee court security officer and has experience as Court Security Officer, or who has been assessed as meeting these requirements through the employer’s RPL program, and whose indicative tasks will be limited to those specified therein.
A.7.2 The primary objective of the Custody Officer is to ensure, on a day-to-day basis, the security and welfare of persons in custody in the centre.
A.7.3 Indicative tasks for a Custody Officer are to:

• Supervise the behaviour and activities of the prisoner in the centre on a day-to-day basis in accordance with approved routines and policies.
• Interact with the prisoners and respond to their needs through the provision of services in an appropriate manner in accordance with relevant legislation and the Operating Manuals.
• Monitor and maintain the dynamic and static security requirements of the centre reporting, orally and in writing, any unusual behaviours or occurrences which could result in a breach of security.
• Participate in the reception, induction and transfer of prisoners in accordance with client directions and centre policy and procedures.
• Assist with the supervision of prisoner visits, including families, solicitors etc.
• Comply with Work Health and Safety legislation, other relevant legislation and EEO/EOWA requirements and contribute to the maintenance and improvement of safety and equity in the workplace.
• Participate in quality assurance teams as assigned by management, in order to assist with the implementation of the quality standards in the centre.
• Other duties as directed by the Shift Manager and/or Centre Manager.

A.7.4 Competencies of a Custody Officer are:

• Demonstrated knowledge of the Operating Manual and other policies and procedures of the employer.
• Demonstrated high level of communication skills, including the ability to negotiate and interact with people from various ethnic backgrounds.
• Ability to write comprehensive reports and correspondence.
• Ability to initiate new ideas and apply creative solutions to the resolution of problems.
• Ability to be decisive and handle situations in a firm, fair and equitable manner.
• Basic level of computer literacy.
• Demonstrated knowledge of EEO, Affirmative Action Plan and Workplace Health and Safety Principles.

A.8 Prisoner Escort Transport Officer
A.8.1 A Prisoner Escort Transport Officer is an employee who has fulfilled the training requirements as set down by the applicable transport contract in which they are employed. These requirements include as a minimum the successful completion of a formal structured induction program and an appropriate vehicle licence.
A.8.2 The primary objective of the Prisoner Escort Transport Officer is to ensure the humane and secure transportation (by road, rail and air) of prisoners.
A.8.3 Indicative tasks of a Prisoner Escort Transport Officer are to:

• Ensure that prisoners are received and handed into and from their custody in accordance with procedures concerning identification, documentation and receipt of property and cash.
• Ensure all property, cash and documents have been securely stored on the vehicle.
• Ensure the safe transport of prisoners from the collection to delivery point and primary responsibility for the security of prisoners during the escort.
• Ensure that prisoners in their custody are treated with care and sensitivity at all times including interacting with prisoners to their needs through the provision of services and assistance in an appropriate manner in accordance with the relevant legislation and the Operating Manual (or other procedures applying to the escort).
• Deal with complaints in accordance with procedures.
• Provision of timely incident reports in respect of all reportable incidents and follow other reporting requirements.
• Ensure that vehicles and equipment are in a safe and proper working order and are searched and cleaned prior to leaving base.

Schedule B
—Classification Definitions—Detention Services
B.1 Induction Trainee

An Induction Trainee is a person who has agreed to undertake an initial 6 week induction training course leading to advancement to a Detention Services Officer (DSO 1) Level 1.

B.2 Detention Services Officer Level 1 (DSO 1)
B.2.1 A Detention Services Officer at this level will have satisfactorily completed a 6 week induction program and be undertaking training towards appropriate Certificate II certification.
B.2.2 Detention Services Officer at this level will complete all duties and responsibilities that are within their level of competence and training. This can include performance of some of the duties of a Detention Services Officer Level 2 (DSO 2) under supervision. The degree of supervision required will be determined by the levels of on-the-job experience/competence or other accredited and relevant training completed.
B.2.3 A Detention Services Officer Level 1 is responsible for ensuring the detainees held in detention are in a safe, secure and hygienic environment. They assist in maintaining the static and dynamic security of the centre. The duties of a Detention Services Officer Level 1 may include escorting detainees to courts, medical appointments and like duties provided such duties are performed with a DSO 2 or the employee concerned has completed the relevant training and been deemed competent to complete the task(s).
B.2.4 A Detention Services Officer will remain at this level for a minimum of 12 months before progressing to Level 2.
B.3 Accredited Detention Services Officer Level 2 (DSO 2)
B.3.1 Progression to this level is subject to the following requirements being met:

• Completed a minimum of 12 months at Level 1; and
• Training requirements i.e. satisfactory completion of appropriate Certificate II qualification or will hold equivalent qualification.

B.3.2 An employee at this level will be able to perform the duties of a Detention Services Officer in a mainly un-supervised capacity; be able to maintain a high standard of performance in those duties, and has a satisfactory performance appraisal. Employees at this level may be expected to undertake higher duties in the role of an Operations Co-ordinator.

In the case of employees who, upon engagement, hold acceptable qualifications or have suitable experience, the requirement to first serve as a Detention Services Officer Level 1, may be waived at the discretion of the employer.

B.3.3 Examples of the duties an Officer at this level is expected to perform are as follows:

• Assist as appropriate with the on-the-job training and development of Detention Services Officers Level 1.
• Supervise the behaviour and the activities of detainees on a day-to-day basis in accordance with the centre’s routine or structured day.
• Monitor and maintain the dynamic and static security requirements of the detention centre, reporting orally and in writing, any unusual occurrences or behaviours that could result in a breach of security.
• Undertake searches and perform escort duties of detainees both within the centre and externally when required.
• Participate in the reception, induction, transfer and discharge of detainees in accordance with the employer’s policy and procedures.
• Monitor tensions within the centre and take action to manage behaviour to forestall the development of disturbances or personal disputes between detainees. If these occur, they are dealt with swiftly and fairly to restore security to all in the facility.
• Ensure quarantine and public health requirements are met, reporting any incidence of disease or unsatisfactory hygienic conditions.
• Ensure that safety, health and welfare of detainees is maintained in accordance with the employer’s policies and procedures for detention centres.

B.3.4 An Accredited Detention Services Officer Level 2 may progress to the level of Operations Co-ordinator, which is an appointed position subject to a vacancy, merit selection and an interview process. It is not subject to automatic advancement.
B.4 Operations Co-ordinator Level 3 (DSO 3)
B.4.1 An Operations Co-ordinator is responsible for supervising Detention Services Officers on a daily basis. They have fulfilled the training requirements set down for Accredited Detention Services Officers. In the case of employees who, upon engagement, hold acceptable qualifications or have suitable experience, the requirement to first serve as a Detention Services Officer may be waived at the discretion of the employer.
B.4.2 A Detention Services Officer at this level must display a high level of communication, supervisory, interpersonal and writing skills.
Schedule C
—Classification Definitions—Catering employees (Corrections and Detention Services)
C.1 Introductory level

In respect of all classification streams, introductory level means the level of an employee who enters the industry and who has not demonstrated the competency requirements of level 1. Such an employee will remain at this level for up to 3 months while the appropriate training for level 1 is undertaken and assessment made to move from the introductory level to level 1. At the end of 3 months from entry, an employee will move to level 1 other than where agreement has been reached and recorded between the employee and the employer that further training of up to 3 months is required for the employee to achieve competence for movement to level 1.

C.2 Food and beverage stream
C.2.1 Food and beverage attendant grade 1 means an employee who is engaged in any of the following:

• picking up glasses;
• emptying ashtrays;
• general assistance to food and beverage attendants of a higher grade not including service to customers;
• removing food plates;
• setting and/or wiping down tables; and
• cleaning and tidying of associated areas.

C.2.2 Food and beverage attendant grade 2 means an employee who has not achieved the appropriate level of training and who is engaged in any of the following:

• undertaking general waiting duties of both food and/or beverage including cleaning of tables;
• receipt of monies; and
• engaged on delivery duties.

C.2.3 Food and beverage attendant grade 3 means an employee who in addition to the tasks performed by a Food and beverage attendant grade 2 is engaged in any of the following:

• the operation of a mechanical lifting device;
• supervising food and beverage attendants of a lower grade;
• training food and beverage attendants of a lower grade.

C.2.4 Food and beverage attendant (tradesperson) grade 4 means an employee who has completed an apprenticeship or who has passed the appropriate trade test and as such carries out specialised skilled food and beverage duties.
C.2.5 Food and beverage supervisor means an employee who has the appropriate level of training including a supervisory course and who has the responsibility for supervision, training and co-ordination of food and beverage staff, or stock control.
C.3 Kitchen stream
C.3.1 Kitchen attendant grade 1 means an employee engaged in any of the following:

• general cleaning duties within a kitchen or food preparation area and scullery, including the cleaning of cooking and general utensils used in a kitchen and restaurant;
• assisting employees who are cooking;
• assembling and preparing ingredients for cooking; and
• general pantry duties.

C.3.2 Kitchen attendant grade 2 means an employee who has the appropriate level of training and who is engaged in specialised non-cooking duties in a kitchen or food preparation area, or supervision of kitchen attendants.
C.3.3 Kitchen attendant grade 3 means an employee who has the appropriate level of training including a supervisory course and has the responsibility for the supervision, training and co-ordination of kitchen attendants of a lower grade.
C.3.4 Cook grade 1 means an employee who carries out cooking of breakfasts and snacks, baking, pastry cooking or butchering.
C.3.5 Cook grade 2 means an employee who has the appropriate level of training and who performs cooking duties including baking, pastry cooking or butchering.
C.3.6 Cook (tradesperson) grade 3 means a commi chef or equivalent who has completed an apprenticeship or who has passed the appropriate trade test, and who is engaged in cooking, baking, pastry cooking or butchering duties.
C.3.7 Cook (tradesperson) grade 4 means a demi chef or equivalent who has completed an apprenticeship or has passed the appropriate trade test and who is engaged to perform general or specialised cooking, butchering, baking or pastry cooking duties and/or supervises and trains other cooks and kitchen employees.
C.3.8 Cook (tradesperson) grade 5 means a chef de partie or equivalent who has completed an apprenticeship or has passed the appropriate trade test in cooking, butchering, baking or pastry cooking and has completed additional appropriate training and who performs any of the following:

• general and specialised duties including supervision or training of other kitchen staff;
• ordering and stock control; and
• supervising other cooks and other kitchen employees in a single kitchen establishment.

C.4 Stores stream
C.4.1 Storeperson grade 1 means an employee who receives and stores general and perishable goods and cleans the store area.
C.4.2 Storeperson grade 2 means an employee who, in addition to the duties for a storeperson grade 1, may also operate mechanical lifting equipment such as a fork-lift and/or who may perform duties of a more complex nature.
C.4.3 Storeperson grade 3 means an employee who has the appropriate level of training and who:

• implements quality control techniques and procedures;
• understands and is responsible for a stores/warehouse area or a large section of such an area;
• has a highly developed level of interpersonal and communications skills;
• is able to supervise and provide direction and guidance to other employees including the ability to assist in the provision of on-the-job training and induction;
• exercises discretion within the scope of this grade; and who may exercise skills attained through the successful completion of an appropriate warehousing certificate; and may perform indicative tasks at this level such as:

• liaising with management, suppliers and customers with respect to stores operations; and
• detailing and co-ordinating activities of other storepersons and acting in a leading hand capacity for in excess of 10 storepersons;

• maintains control registers including inventory control and being responsible for preparation and reconciliation of regular reports or stock movements, dispatches, etc; and
• supervises the receipt and delivery of goods, records, outgoing goods, responsible for the contents of a store.

C.5 General definition

In Schedule C, appropriate level of training means that an employee:
(a) has completed an appropriate training program that meets the training and assessment requirements of a qualification or one or more designated units of competency from a Training Package; and/or
(b) has been assessed by a qualified skills assessor to have skills at least equivalent to those attained in an appropriate training course; and/or
(c) has been doing the work of a particular classification for a period of at least 3 months.
(NOTE 1: Any dispute concerning clause C.5(c) above may be referred to the Fair Work Commission for determination. The Fair Work Commission may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge, and that these are relevant to the work the employee is doing.)
(NOTE 2: The minimum classification level for an employee who has completed AQF Certificate III qualifications relevant to the classification in which they are employed and who utilises skills and knowledge derived from Certificate III competencies relevant to the work undertaken is the Level 4 rate prescribed in clause 15.1(b). Any dispute concerning an employee’s entitlement to be paid at Level 4 may be referred to the Fair Work Commission for determination. The Fair Work Commission may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge derived from Certificate III competencies, and that these are relevant to the work the employee is doing.)

Schedule D
—Summary of Hourly Rates of Pay
D.1 Corrections and detention services employees
D.1.1 Full-time and part-time employees—ordinary and penalty rates

Penalty rates apply to each ordinary hour worked in the following spans:

D.1.2 Full-time and part-time employees—overtime rates

D.1.3 Casual employees—ordinary and penalty rates

Penalty rates apply to each ordinary hour worked in the following spans:

D.2 Catering employees
D.2.1 Full-time and part-time employees—ordinary and penalty rates

Penalty rates apply to each ordinary hour worked in the following spans:

D.2.2 Full-time and part-time employees—overtime rates

D.2.3 Casual employees—ordinary and penalty rates

Penalty rates apply to each ordinary hour worked in the following spans:

Schedule E
—Summary of Monetary Allowances

See clause 17—Allowances for full details of allowances payable under this award.

E.1 Wage-related allowances
E.1.1 The following wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rates for a Court Security Officer in clause 15.1(a) = $821.30

Allowance	Clause	% of standard rate	$	Payable
First aid allowance—per shift	17.2(a)(ii)	0.46	3.78	per shift
First aid allowance—maximum per week	17.2(a)(ii)	1.98	16.26	per week

E.1.2 Adjustment of wage-related allowances

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

E.2 Expense-related allowances
E.2.1 The following expense-related allowances will be payable to employees in accordance with clause 17.3:

Allowance	Clause	$	Payable
Meal allowance—meal break at post	17.3(a)(ii)	17.01	per occasion
Meal allowance—overtime of more than 2 hours	17.3(a)(ii)	17.01	per occasion
Travelling—transport and fares—motor vehicle allowance	17.3(c)(iii)	0.78	per km
Travelling—transport and fares—motor cycle allowance	17.3(c)(iii)	0.26	per km
Duty away from normal place of work—breakfast between 6.00 am and 8.00 am	17.3(c)(iv)	19.92	per meal
Duty away from normal place of work—lunch between 12 noon and 2.00 pm	17.3(c)(iv)	19.92	per meal
Duty away from normal place of work—dinner after 6.00pm	17.3(c)(iv)	33.21	per meal

E.2.2 Adjustment of expense-related allowances

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

Allowance	Applicable Consumer Price Index figure
Meal allowance	Take away and fast foods sub-group
Vehicle/travel allowance	Private motoring sub-group

Schedule F
—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule G
—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule H—Part-day public holidays
H.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
H.2 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
(b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work, they will be paid their ordinary rate of pay for such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work, they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight, but as a result of having a rostered day off (RDO) provided under this award, does not work, the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Excluding annualised salaried employees to whom clause H.2(f) applies, where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday, they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.
(g) An employee not rostered to work between 7.00 pm and midnight, other than an employee who has exercised their right in accordance with clause H.2(a), will not be entitled to another day off, another day’s pay or another day of annual leave as a result of the part-day public holiday.

H.3 This schedule is not intended to detract from or supplement the NES.