MA000048  PR716555 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DETERMINATION

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

4 yearly review of modern awards
(AM2019/17)

AIRLINE OPERATIONS—GROUND STAFF AWARD 2010
[MA000048]

Airline operations

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 14 FEBRUARY 2020

4 yearly review of modern awards – Airline Operations—Ground Staff Award 2010 – modern award varied.

A. Further to the decision [[2020] FWCFB 690] issued by the Full Bench of the Fair Work Commission on 14 February 2020, the Airline Operations—Ground Staff 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 May 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 May 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Airline Operations—Ground Staff 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 5
4. Coverage 5
5. Individual flexibility arrangements 6
6. Requests for flexible working arrangements 8
7. Facilitative provisions 9
Part 2— Types of Employment and Classifications 11
8. Types of employment 11
9. Full-time employees 11
10. Part-time employees 11
11. Casual employees 12
12. Apprentices 14
13. Classifications 16
Part 3— Hours of Work 17
14. Ordinary hours of work 17
15. Rostering arrangements 18
16. Breaks 19
17. Special provisions for shiftworkers 20
Part 4— Wages and Allowances 22
18. Minimum rates 22
19. Payment of wages 29
20. Allowances 30
21. Accident pay 40
22. Indemnity/insurance 42
23. Superannuation 42
Part 5— Overtime and Sunday Work 44
24. Overtime 44
25. Sunday work 47
Part 6— Leave and Public Holidays 47
26. Annual leave 47
27. Personal/carer’s leave and compassionate leave 51
28. Parental leave and related entitlements 51
29. Community service leave 51
30. Unpaid family and domestic violence leave 52
31. Public holidays 52
Part 7— Consultation and Dispute Resolution 53
32. Consultation about major workplace change 53
33. Consultation about changes to rosters or hours of work 55
34. Dispute resolution 55
Part 8— Termination of Employment and redundancy 56
35. Termination of employment 56
36. Redundancy 57
Schedule A —Classification Definitions 59
Schedule B —Summary of Hourly Rates of Pay 76
Schedule C —Summary of Monetary Allowances 101
Schedule D —School-based Apprentices 109
Schedule E —Supported Wage System 110
Schedule F —National Training Wage 113
Schedule G —Agreement for Time Off Instead of Payment for Overtime 122
Schedule H —Agreement to Take Annual Leave in Advance 123
Schedule I —Agreement to Cash Out Annual Leave 124
Schedule J —Part-day Public Holidays 125

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Airline Operations—Ground Staff 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:

(a) holds a category A licence issued by CASA under Part 66 of the CASRs that is in force and is endorsed with one or more of the following subcategories:

(b) is required by his or her employer to exercise the privileges and authorities of his or her category A licence.

(a) holds a category C licence issued by CASA under Part 66 of the CASRs that is in force; and

(b) is required by his or her employer to exercise the privileges and authorities of his or her category C licence.

(a) does not have any Exclusions applying to the B1 licence for one or more aircraft types; or

(b) only has one or more of the Standard B1 Exclusions applying to the B1 licence for one or more aircraft types. However, where the employer requires one or more of the Standard B1 Exclusions to be removed for genuine operational reasons and makes arrangements for the appropriate training, the employee must do what is necessary to have the Exclusion removed.

(a) does not have any Exclusions applying to the B2 licence for one or more aircraft types; or

(b) only has the Standard B2 Exclusion applying to the B2 licence for one or more aircraft types. However, where the employer requires the Standard B2 Exclusion to be removed for genuine operational reasons and makes arrangements for the appropriate training, the employee must do what is necessary to have the Exclusion removed.

3. The National Employment Standards and this award

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

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

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

4. Coverage

4.1 This industry award covers employers throughout Australia in the airline operations industry with respect to all their employees throughout Australia in the classifications listed in Schedule A—Classification Definitions and to those employees. This award applies to the exclusion of any other modern award.

4.2 Airline operations industry means operating and/or ancillary on-airport servicing of aircraft used for the purposes of:

(a) providing commercial passenger or freight air transport services (whether schedule or non-scheduled); and/or

(b) private business and instructional flying in, and from a base in, Australia.

4.3 This award covers employers which provide group training services for apprentices and/or trainees engaged in the airline operations industry and/or parts of that industry and those apprentices and/or 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 4.3 operates subject to the exclusions from coverage in this award.

4.4 This award covers any employer which supplies labour on an on-hire basis in the airline operations 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 The award does not cover:

(a) an employee excluded from award coverage by the Act;

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

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

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

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

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

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

(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.

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:

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

6.5 Dispute resolution

7. Facilitative provisions

7.1 Agreement to vary award provisions

(a) This award contains facilitative provisions that allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in clauses 7.2, 7.3 and 7.4.

(b) The specific award provisions establish both the standard award conditions and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.

7.2 Facilitation by individual agreement

Clause number

Provision

10.2(b)

Part-time employment—variation to hours of part-time employment

15.2

Make-up time

24.6

Overtime—Time off instead of payment for overtime

24.2(a)

Overtime—Rest period after overtime

26.3

Annual leave in advance

26.10

Cashing out of annual leave

31.4

Public holidays—substitution of public holidays

7.3 Facilitation by majority or individual agreement

(a) The following facilitative provisions can be utilised by agreement between the employer and a majority of employees in the workplace or part of it, or the employer and an individual employee:

Clause number

Provision

14.2(f)

Ordinary hours of work—day work

15.1

Ordinary hours of work—Method of arranging ordinary hours

16.1(d)

Meal break—day work

16.2(e)

Meal break—shiftwork

17.2(b)

Shiftwork rosters—change in roster

(b) Where agreement is reached with the majority of employees in the workplace or part of it to implement a facilitative provision in clause 7.3(a), that agreement binds all such employees.

7.4 Facilitation by majority agreement

(a) The following facilitative provisions can be utilised upon agreement between the employer and a majority of employees in the workplace or part of it:

Clause number

Provision

14.2(c)

Ordinary hours of work—spread of hours

14.2(d)

Rostered days off—day work

14.3(e)

Rostered days off—shiftwork

15.1(c)

Introduction of 12 hour shifts

19.2

Payment of wages

(b) Where agreement is reached with the majority of employees in the workplace or part of it to implement a facilitative provision in clause 7.4(a), that agreement binds all such employees.

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.

9. Full-time employees

A full-time employee is an employee who is engaged to work 38 ordinary hours per week or an average of 38 ordinary hours per week.

10. Part-time employees

10.1 General

(a) A part-time employee is an employee who is engaged to perform less than an average of 38 ordinary hours per week on a reasonably predictable basis.

(b) Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time employees who do the same work in the classification concerned.

(c) An employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any shift.

(d) A part-time employee employed under the provisions of clause 10 must be paid for ordinary hours worked at the ordinary hourly rate prescribed for the class of work performed.

10.2 Part-time day workers

(a) At the time of engagement or appointment of an employee as a day worker, the employer and the part-time employee will agree in writing on a regular pattern of work, specifying:

(b) Subject to the employer’s rights in clauses 7.4 and 15.1 to change an employee’s hours of work, changes in hours may only be made by agreement in writing between the employer and employee. Subject to clause 33, changes in days can be made by the employer giving one week’s notice in advance of the changed hours.

(c) All time worked in excess of the ordinary daily hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

10.3 Part-time shiftworkers

(a) At the time of engagement or appointment of an employee as a shiftworker, the employer and the part-time employee will agree in writing on the guaranteed minimum number of ordinary hours to be worked per week.

(b) Subject to clause 10.3(a), part-time shiftworkers will be rostered in accordance with clauses 14Ordinary hours of work, 15Rostering arrangements and 17Special provisions for shiftworkers.

(c) All time worked in excess of the rostered daily hours will be overtime and paid for at the appropriate overtime rate.

11. Casual employees

11.1 A casual employee is an employee engaged as such.

11.2 A casual employee must be paid the ordinary hourly rate prescribed for the class of work performed, plus 25%. This loading is instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.

11.3 Casual employees are entitled to a minimum payment of 4 hours’ work at the appropriate rate on each occasion they are required to attend work.

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:

(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 34Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

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

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

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

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

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

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

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

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

12. Apprentices

12.1 In order to undertake trade training in accordance with clause 12 a person must be party to a training contract in accordance with the requirements of the apprenticeship authority or State/territory training legislation.

12.2 An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

12.3 Time spent by an apprentice, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 12 operates subject to the provisions of Schedule D—School-based Apprentices.

12.4 Except as provided in clause 12 or where otherwise expressly stated, all other terms and conditions of this award apply to an apprentice.

12.5 The notice of termination provisions of the NES apply to apprentices. The redundancy provisions of the NES do not apply to apprentices.

12.6 Apprentices may be engaged in trades or occupations that are provided for in clause 12 where declared or recognised by an apprenticeship authority. Subject to appropriate State legislation, an employer will not employ an unapprenticed junior in a trade or occupation provided for in clause 12.

12.7 For the purposes of clause 12, apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.

12.8 In any State or Territory in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.

12.9 An apprentice may be engaged under a training contract approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training contract is consistent with that established for the vocation in the training package determined from time to time by Manufacturing Skills Australia or its successor and endorsed by the National Skills Quality Council or its successor. Such apprenticeships include but are not limited to the following trades: Aeroskills Engineering Tradesperson (Mechanical), Aeroskills Engineering Tradesperson (Structures) and Aeroskills Engineering Tradesperson (Avionics).

12.10 Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience.

12.11 The nominal period of the apprenticeship is 4 years; however this period may be varied with the approval of the relevant State or Territory apprenticeship authority, to recognise prior learning including vocational education and training in school, pre-apprenticeship programs and other prior learning, the nominal period may be shortened to reflect the proportion of the competencies already acquired.

12.12 Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when:

(a) the qualification specified in the training contract is successfully completed; and

(b) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training contract, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination; and

(c) the requirements of the relevant State/Territory apprenticeship authority and any requirements of Manufacturing Skills Australia with respect to demonstration of competency and any minimum necessary work experience requirements are met; and

(d) with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.

12.13 No apprentice, except in an emergency, is to work or be required to work overtime or shift work at times which would prevent their attendance in training consistent with their training contract.

12.14 The minimum wages applying to apprenticeships are dealt with in clause 18.5 and no apprentice is to work under a system of payment by results.

12.15 Payment of fees and textbooks

(a) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training specified in, or associated with, the training contract must be reimbursed to the apprentice within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship or within 3 months of the apprentice commencing training with the Registered Training Organisation (RTO), whichever is the later, unless there is unsatisfactory progress;

(b) Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in clause 12.15(a) above.

12.16 Travel payment for block release training

(a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training.

(b) Clause 12.16(a) will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(c) For the purposes of clause 12.16(a), excess reasonable travel costs:

(d) The amount payable by an employer under clause 12.16(a) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

13. Classifications

13.1 Classification definitions are set out in Schedule A—Classification Definitions.

13.2 Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification.

Part 3—Hours of Work

14. Ordinary hours of work

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

14.2 Ordinary hours of work—day work

(a) The ordinary hours of work for a day worker are 38 per week and must not exceed 152 hours in 28 days.

(b) The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Friday.

(c) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 7.00 am and 6.00 pm. The spread of hours may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned. Any changes to regular rosters or ordinary hours of work are subject to the consultative provisions in clause 33Consultation about changes to rosters or hours of work.

(d) The employer and a majority of affected employees may agree to work additional ordinary hours up to a total of 40 average hours per week Monday to Friday with one regular rostered day off in each 4 week cycle.

(e) Any work performed outside the agreed spread of hours must be paid for at overtime rates.

(f) Notwithstanding the terms of clause 14.2(b) above, the days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee.

(g) Employees will be paid at the following rates for all ordinary hours worked on Saturdays and Sundays in accordance with clause 14.2(f):

Shift type

% of employee’s ordinary hourly rate

Saturday

150

Sunday

200

14.3 Ordinary hours of work—shiftwork

(a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except:

(b) Subject to clause 14.3(c) the ordinary hours of shiftworkers are an average of 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days. Any changes to regular rosters or ordinary hours of work are subject to the consultative provisions in clause 33Consultation about changes to rosters or hours of work.

(c) By agreement between the employer and the majority of the employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed 12 months.

(d) An employee must not be required to work more than one shift in each 24 hours, except at the regular change-over of shifts.

(e) The employer and a majority of affected employees may agree to arrange shifts which require up to an average of 40 hours per week with one regular rostered day off in each 4 week cycle.

15. Rostering arrangements

15.1 Method of arranging ordinary hours

(a) Subject to the employer’s right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in clause 14.2(c) and the employer’s right to fix the commencing and finishing time of shifts from time to time, the arrangement of ordinary working hours must be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.

(b) The matters on which agreement under clause 15.1(a) may be reached include:

15.2 Make-up time

(a) An employee may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in this award.

(b) An employee on shiftwork may elect, with the consent of their employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the rate which would have been applicable to the hours taken off.

16. Breaks

16.1 Meal break—day work

(a) Employees on day work must receive an unpaid meal break of between 30 minutes and one hour.

(b) An employee must not be required to work for more than 5 hours (or, by agreement, 6 hours) without a meal break.

(c) If an employee works more than 5 hours without a meal break, all time worked after the start time of the regular meal break until the meal break is allowed must be paid for at overtime rates.

(d) An employer and the majority of affected employees in an enterprise or part of an enterprise may agree to stagger meal breaks to meet the operational requirements, instead of this provision. An employer and an individual employee may also reach agreement in this regard.

16.2 Meal break—shiftwork

(a) Continuous shiftworkers must be allowed a meal break of at least 20 minutes per shift, to be counted as time worked.

(b) Non-continuous shiftworkers must be allowed an unpaid meal break of between 30 minutes and one hour.

(c) The meal break must be allowed no later than 5 hours (or, by agreement, 6 hours) after commencing an ordinary shift.

(d) If an employee works more than 5 hours without a meal break, all time worked after the starting time of the regular meal break until the meal break is allowed must be paid for at overtime rates.

(e) An employer and the majority of affected employees in an enterprise or part of an enterprise may agree to stagger meal breaks to meet the operational requirements, instead of this provision. An employer and an individual employee may also reach agreement in this regard.

16.3 Crib breaks

16.4 Meal breaks—overtime

(a) If an employee is required for overtime duty of more than one hour before the normal starting time or for more than one hour after the usual finishing time the employee must be given a meal break of 20 minutes paid at the appropriate overtime rate of pay.

(b) Where an employee is required to work a further 4 hours overtime or subsequent 4-hour periods, the employee will be granted a further meal break of 30 minutes at the completion of each such 4 hours of overtime worked, to be paid at the appropriate overtime rate of pay.

(c) The employee must be paid a meal allowance of $14.70 or provided with a suitable meal for each rest break to which they are entitled under clauses 16.4(a) and 16.4(b).

(d) These meal breaks must not to be used in the calculation of overtime hours.

(e) If an employee who is working on recall or on a rostered day off performs 4 or more hours of actual work, the employee must, for each 4 hour period worked, be:

17. Special provisions for shiftworkers

17.1 For the purposes of this award:

(a) rostered shift means any shift of which the employee concerned has had at least 48 hours’ notice;

(b) change of roster means a change from one roster pattern which prescribes the total number of shifts worked over the complete cycle of the roster to another roster pattern;

(c) change of shift means the transfer of an employee from a shift in the roster pattern to another shift in the same roster pattern; and

17.2 Shiftwork rosters

(a) Shiftwork rosters must specify the starting and finishing times of ordinary working hours of the respective shifts.

(b) Subject to clause 33Consultation about changes to rosters or hours of work, employees must be given at least 7 days’ notice of any change to their shiftwork rosters unless the roster is varied by agreement between the employer and the majority of employees in the area concerned or between an employer and an individual employee concerned.

(c) Where an employee is required to change their shift, the employee must be given at least 2 days’ notice of the change. If this notice is not given, the shiftworker must be paid for the shifts worked during the 2 day period at 200% of the ordinary hourly rate.

17.3 Shift rates

Shift type

 

% of employee’s ordinary hourly rate

Early morning shift

Commencing no earlier than 4.00 am but before 7.00 am

115

Afternoon shift

Finishing after 6.00 pm and at or before midnight

115

Night shift

Finishing after midnight and at or before 8.00 am

122.5

Night shift

Commencing after midnight and before 4.00 am

122.5

17.4 Night shifts

(a) works night shift only; or

(b) remains on night shift for more than 4 consecutive weeks; or

(c) works on a night shift which does not rotate with another shift or with day work so that the shiftworker does not have at least one third of their working time off night shift in each roster cycle,

17.5 Continuous afternoon and night shifts

17.6 Multiple shift allowance

(a) If a shiftworker in any roster week is required to work 3 shifts that commence at times that are greater than 30 minutes apart they must be paid an allowance of $4.49.

(b) If a shiftworker in any rostered week is required to work 3 or more shifts, and there are greater than 3 rostered starting times with a difference in excess of 30 minutes, they must be paid a further allowance of $4.74 for each such starting time in excess of 3.

17.7 Shift penalty rates—weekends and public holidays

(a) Shiftworkers must be paid the following penalty rates for work on weekends and public holidays:

Shift type

% of employee’s ordinary hourly rate

Saturday

150

Sunday

200

Public holidays (except Christmas Day and Good Friday)

200

Christmas Day and Good Friday

250

(b) The rates in clause 17.7 are in substitution for and not cumulative upon the shift rates and allowances prescribed in clauses 17.3, 17.4, 17.5 and 17.6.

17.8 Daylight saving

Part 4—Wages and Allowances

18. Minimum rates

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

18.1 Aviation transport workers stream

Classification

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Level 1

800.40

21.06

Level 2

803.90

21.16

Level 3

818.10

21.53

Level 4

841.40

22.14

Level 5

879.40

23.14

Level 6

902.50

23.75

Level 7

908.50

23.91

Level 8

947.30

24.93

18.2 Clerical, administration and support stream

Classification

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Level 1

826.60

21.75

Level 2

862.50

22.70

Level 3

911.00

23.97

Level 4

956.70

25.18

Level 5

995.50

26.20

Level 6

1034.60

27.23

Level 7

1073.80

28.26

Level 8

1112.50

29.28

18.3 Maintenance and engineering stream

Classification

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Aircraft Worker 1

740.80

19.49

Aircraft Worker 2

762.10

20.06

Aircraft Worker 3

791.30

20.82

Aircraft Worker 4

818.50

21.54

Tradesperson

862.50

22.70

Aircraft Maintenance Engineer

941.10

24.77

Full Category B1.1 Licence Holder

1009.00

26.55

Full Category B1.2 Licence Holder

1009.00

26.55

Full Category B1.3 Licence Holder

1009.00

26.55

Full Category B1.4 Licence Holder

1009.00

26.55

Full Category B2 Licence Holder

1009.00

26.55

Full Category B1/B2 Licence Holder

1009.00

26.55

Transitional Category B1.1 Licence Holder

1009.00

26.55

Transitional Category B1.2 Licence Holder

963.10

25.34

Transitional Category B1.3 Licence Holder

1009.00

26.55

Transitional Category B1.4 Licence Holder

963.10

25.34

Transitional Category B2 Licence Holder

1009.00

26.55

18.4 Storepersons and logistics stream

Classification

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

Level 1

787.40

20.72

Level 2

805.30

21.19

Level 3

826.40

21.75

Level 4

852.40

22.43

Level 5

883.60

23.25

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

18.5 Apprentice minimum rates

(a) The minimum wage for apprentices who commenced an apprenticeship before 1 January 2014 except as provided for in clause 18.5(c), are as set out in the following table.

18.6 Junior rates

18.7 Higher duties

(a) If an employee is required to perform a higher class of work in any day or shift the employee must be paid for the whole day or shift at the higher rate of pay.

(b) If an employee is required to perform a lower class of work for ordinary hours in any day or shift, the employee must be paid for the whole day or shift at the employee’s normal rate of pay.

18.8 Supported wage system

18.9 National Training Wage

19. 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.

19.1 Wages must be paid weekly or fortnightly in arrears.

19.2 Wages may be paid other than by week or fortnight by agreement between the employer and the majority of employees affected.

19.3 Casual employees must be paid weekly or fortnightly in accordance with usual payment methods for full-time employees, or at the termination of each engagement.

19.4 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:

(b) The requirement to pay wages and other amounts under clause 19.4(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

20. 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.

20.1 Employees will, in addition to the employee’s classification rate of pay, be paid the allowances set out in clause 20. Unless otherwise specified, such allowances will not be taken into account in the calculation of any other penalty rate prescribed by this award.

20.2 All classifications—wage-related allowances

20.3 All classifications—expense-related allowances

20.4 Aviation transport workers—wage-related allowances

20.5 Aviation transport workers—expense-related allowances

20.6 Maintenance and engineering workers—wage-related allowances

20.7 Maintenance and engineering workers—special rates

(a) Subject to clauses 20.7(b) and 20.7(c), special rates in clause 20.7 must be paid to an employee including an apprentice and a junior.

20.8 Maintenance and engineering workers—expense-related allowances

21. Accident pay

21.1 An employee classified under the Maintenance and engineering stream and the Clerical, administration and support stream, in receipt of weekly payments under the provisions of applicable workers’ compensation legislation will be entitled to receive accident pay from the employer subject to the conditions and limitations specified in clause 21.

21.2 Payment to be made during incapacity

(a) until such incapacity ceases; or

(b) until the expiration of a period of 26 weeks from the date of injury;

21.3 Definitions

21.4 Pro rata payments

21.5 When not entitled to payment

21.6 Redemptions

21.7 Damages independent of the Acts

21.8 Calculation of the period

21.9 Return to work

21.10 Casual employees

22. Indemnity/insurance

22.1 Clause 22 applies only to employees in the maintenance and engineering stream.

22.2 An employer who requires an employee to fly in any aircraft will indemnify/insure the employee against death or totally incapacitating injury which may arise from the use of that aircraft for not less than $45,000.

22.3 Such indemnity/insurance need not be provided by the employer where the employees will receive a benefit of not less than $45,000 in the event of death or totally incapacitating injury by way of insurance taken out by the aircraft or charter operators or by way of an employer-sponsored superannuation scheme.

22.4 No employee will be compelled to work on an aircraft during a bomb scare or hijack incident; provided however, an employee who volunteers to work during a bomb scare or hijack incident will be indemnified/insured by the employer to cover injury, disablement or death to a minimum of $172,856.

22.5 The amount payable under clause 22 will be additional to any amount an employee or the employee’s next of kin may be entitled to receive under any workers compensation legislation or similar provisions.

23. Superannuation

23.1 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.

23.2 Employer contributions

23.3 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 23.2.

(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 23.3(a) or 23.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 23.3(a) or 23.3(b) was made.

23.4 Superannuation fund

(a) AustralianSuper;

(b) Labour Union Cooperative Retirement Fund (LUCRF);

(c) TasPlan;

(d) Sunsuper;

(e) 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

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

23.5 Absence from work

(a) Paid leave—while the employee is on any paid leave;

(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

Part 5—Overtime and Sunday Work

24. Overtime

24.1 Payment for working overtime

(a) Subject to the following, all work done outside ordinary hours on any day or shift (except where the time is worked by arrangement between the employees themselves) must be paid at 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate thereafter until the completion of the overtime work;

(b) For the purposes of clause 24, ordinary hours means the hours worked in an enterprise, fixed in accordance with clauses 14.2, 14.3 or 15.1(a).

(c) In computing overtime each day’s work stands alone.

24.2 Rest period after overtime

(a) An employee who has worked overtime must be given a break of at least 10 consecutive hours between the time of finishing work and the time when the employee next commences ordinary work. An employer and an individual employee may agree to reduce this break to 8 hours. An employee must not lose ordinary pay for any time lost by reason of this break.

(b) If an employee is required by the employer to resume or continue work without having a break of 10 consecutive hours, the employee must be paid at 200% of the ordinary hourly rate until the employee is released from duty. The employee is then entitled to a break of 10 consecutive hours and must not lose pay for ordinary working time occurring during such absence.

(c) For the purposes of clause 24, overtime does not include overtime worked when an employee is recalled to work in accordance with clause 24.3 and the actual time worked on the recall is less than 3 hours.

24.3 Recall

(a) If an employee is recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) the employee must be paid for a minimum of 4 hours.

(b) Clause 24.3 does not apply if:

(c) In the event of cancellation or postponement of such recall when employees report to their place of duty they will be paid for 4 hours for each such time they are recalled even if they are not required to work.

24.4 Standing by

(a) Clause 24.4 applies only to employees in one of the classifications in clause 18.3.

(b) Subject to any custom prevailing at an enterprise, where an employee is required regularly to hold themselves in readiness to work after ordinary hours, the employee must be paid standing by time at the employee’s ordinary hourly rate for the time they are standing by.

24.5 Transport of employees after overtime

(a) provide the employee with a conveyance home; or

(b) pay the employee at the overtime rate for the time reasonably occupied in reaching home.

24.6 Time off instead of payment for overtime

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

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 24.6.

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

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

(e) Time off must be taken:

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 24.6 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 24.6(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 24.6 as an employee record.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 24.6 will apply, including the requirement for separate written agreements under clause 24.6(b) for overtime that has been worked.

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 24.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

25. Sunday work

25.1 An employee who is required to work on a Sunday must be paid for a minimum of 4 hours.

25.2 For day workers, all time worked on a Sunday will be paid at 200% of the ordinary hourly rate.

Part 6—Leave and Public Holidays

26. Annual leave

26.1 Annual leave is provided for in the NES.

26.2 Electronic funds transfer (EFT) payment of annual leave

26.3 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:

(c) The employer must keep a copy of any agreement under clause 26.3 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 26.3, 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.

26.4 Definition of shiftworker

26.5 Annual leave loading

(a) Each employee before going on leave must be paid:

(b) Annual leave loading will not be paid on termination.

26.6 An employer may apply a system of annual close-down with respect to all or the bulk of employees in a plant or section thereof in which case at least 3 months’ notice will be given.

26.7 Excessive leave accruals: general provision

(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 26.4).

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

(d) Clause 26.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

26.8 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 26.7(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 26.8(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 26.8(a) that is in effect.

(d) An employee to whom a direction has been given under clause 26.8(a) may request to take a period of paid annual leave as if the direction had not been given.

26.9 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 26.7(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 26.9(a) if:

(c) A notice given by an employee under clause 26.9(a) must not:

(d) An employee is not entitled to request by a notice under clause 26.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 26.4) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 26.9(a).

26.10 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 26.10.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 26.10.

(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 26.10 must state:

(e) An agreement under clause 26.10 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 26.10 as an employee record.

27. Personal/carer’s leave and compassionate leave

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

27.2 Evidence supporting claim

(a) When taking leave for personal illness or injury, the employee must, if required by the employer, provide a medical certificate or statutory declaration, to establish that the employee was unable to work because of injury or personal illness.

(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, provide a medical certificate or statutory declaration, to establish the illness of the person concerned and that such illness requires care by the employee.

28. Parental leave and related entitlements

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

29. Community service leave

Community service leave is provided for in the NES.

30. 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.

31. Public holidays

31.1 Public holidays are provided for in the NES.

31.2 Payment for working on a public holiday

(a) Day workers working on a public holiday or a substituted day must be paid at the rate of:

(b) An employee required to work on a public holiday is entitled to at least 4 hours pay at penalty rates provided the employee is available to work for 4 hours.

(c) A shiftworker who works on a public holiday is entitled to penalty rates in accordance with clause 17.7.

31.3 Public holidays which fall on a weekend

(a) Where Christmas Day falls on a Saturday or a Sunday, 27 December is observed as the public holiday instead of the prescribed day.

(b) Where Boxing Day falls on a Saturday or a Sunday, 28 December is observed as the public holiday instead of the prescribed day.

(c) Where New Year’s Day or Australia Day falls on a Saturday or a Sunday, the following Monday is observed as the public holiday instead of the prescribed day.

31.4 Substitution of certain public holidays by agreement at the enterprise

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

(c) Where both a public holiday and substitute day are worked, public holiday penalties are payable on one of those days at the election of the employee.

31.5 Rostered day off falling on public holiday

(a) Except as provided for in clauses 31.5(b) and 31.5(c), and where the rostered day off falls on a Saturday or a Sunday, where a full-time employee’s ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:

(b) Where an employee has credited time accumulated pursuant to clauses 14.2(d) and 14.3(e), then such credited time should not be taken as a day off on a public holiday.

(c) If an employee is rostered to take credited time accumulated pursuant to clauses 14.2(d) and 14.3(e), as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer must allow the employee to take the time off on an alternative week day.

(d) Clauses 31.5(b) and 31.5(c) do not apply in relation to days off which are specified in an employee’s regular roster or pattern of ordinary hours as clause 31.5(a) applies to such days off.

31.6 Rest period after work on a public holiday

31.7 Part-day public holidays

Part 7—Consultation and Dispute Resolution

32. Consultation about major workplace change

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

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

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

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

32.2 For the purposes of the discussion under clause 32.1(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.

32.3 Clause 32.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

32.4 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 32.1(b).

32.5 In clause 32 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.

32.6 Where this award makes provision for alteration of any of the matters defined at clause 32.5, such alteration is taken not to have significant effect.

33. Consultation about changes to rosters or hours of work

33.1 Clause 33 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.

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

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

(a) provide to the employees and representatives mentioned in clause 33.2 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.

33.4 The employer must consider any views given under clause 33.3(b).

33.5 Clause 33 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

34. Dispute resolution

34.1 Clause 34 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

34.2 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.

34.3 If the dispute is not resolved through discussion as mentioned in clause 34.2, 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.

34.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 34.2 and 34.3, a party to the dispute may refer it to the Fair Work Commission.

34.5 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.

34.6 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.

34.7 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 34.

34.8 While procedures are being followed under clause 34 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.

34.9 Clause 34.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and redundancy

35. Termination of employment

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

35.1 Notice of termination by an employee

(a) Clause 35.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

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

(c) In clause 35.1(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 35.1(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 35.1(b), then no deduction can be made under clause 35.1(d).

(f) Any deduction made under clause 35.1(d) must not be unreasonable in the circumstances.

35.2 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 35.2 is to be taken at times that are convenient to the employee after consultation with the employer.

36. Redundancy

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

36.1 Transfer to lower paid duties on redundancy

(a) Clause 36.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 36.1(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.

36.2 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 36 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.

36.3 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 36.3(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 36.3(b).

(d) An employee who fails to produce proof when required under clause 36.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 35.2.

Schedule A—Classification Definitions
A.1 Aviation transport workers stream
A.1.1 Level 1—Trainee Airlines Services Operator

A.1.2 Level 2—Airlines Services Operator

A.1.3 Level 3—Airlines Services Operator

A.1.4 Level 4—Airlines Services Operator

A.1.5 Level 5—Airlines Services Co-ordinator

A.1.6 Level 6—Senior Airlines Services Co-ordinator

A.1.7 Level 7—Senior Airlines Services Co-ordinator

A.1.8 Level 8—Senior Airlines Services Co-ordinator

A.2 Clerical, administrative and support stream
A.2.1 The classification criteria in this schedule provide guidelines to determine the appropriate classification level of persons employed pursuant to this award. In determining the appropriate level, consideration must be given to both the characteristics and typical duties/skills. The characteristics are the primary guide to classification as they indicate the level of basic knowledge, comprehension of issues, problems and procedures required and the level of supervision or accountability of the position. The totality of the characteristics must be read as a whole to obtain a clear understanding of the essential features of any particular level and the competency required. The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill, or many of them, depending on the particular work allocated.
A.2.2 The key issue to be looked at in properly classifying an employee is the level of competency and skill that the employee is required to exercise in the work they perform, not the duties they perform per se. It will be noted that some typical duties/skills appear in more than one level, however when assigning a classification to an employee this needs to be done by reference to the specific characteristics of the level. For example, whilst word processing and copy typing are first specifically mentioned at Level 2 in terms of typical duty/skill, it does not mean that as soon as an employee operates a word processor or typewriter they automatically become Level 2. They would achieve a Level 2 classification when they have achieved the level of skill and competency envisaged by the characteristics and the relevant indicative duty(ies)/skill(s) of a Level 2. Level 1 in this structure is to be viewed as the level at which employees learn and gain competence in the basic clerical skills required by the employer, which in most cases would lead to progression through the classification structure as their competency and skills increase and are utilised.
A.2.3 Level 1

(a) Characteristics

A.2.4 Level 2

A.2.5 Level 3

A.2.6 Level 4

A.2.7 Level 5

A.2.8 Level 6

A.2.9 Level 7

A.2.10 Level 8

A.3 Maintenance and engineering stream

A.3.1 Aircraft Worker 1 is an employee who is undertaking up to 38 hours induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, enterprise layout, work and documentary procedures, work health and safety, equal employment opportunity, and quality control/assurance procedures.

A.3.2 Aircraft Worker 2 is an employee who has completed up to 3 months structured training so as to enable the employee to perform within the scope of this level.

A.3.3 Aircraft Worker 3 is an employee who has completed an Engineering Production Certificate I or Certificate II in Engineering or equivalent so as to enable the employee to perform work within the scope of this level.

A.3.4 Aircraft Worker 4 is an employee who has completed a Certificate II Engineering Production or Certificate II in Engineering Production Technology or equivalent so as to enable the employee to perform work within the scope of this level. An employee at this level performs work above and beyond the skills of an employee at the Aircraft Worker 3 level and to the level of their skills, competence and training:

A.3.5 Tradesperson means an employee who holds a Trade Certificate III in Engineering or equivalent and is engaged in the maintenance, repair, overhaul, modification, assembly and/or testing of aircraft, aircraft systems, aircraft components, aircraft engines and/or associated equipment.
A.3.6 Aircraft Maintenance Engineer (AME) means any tradesperson who holds a Certificate IV or equivalent in the Aeroskills Training Package MEA 11 or its successor and is engaged in the maintenance, repair, overhaul, modification, assembly and/or testing of aircraft, aircraft systems, aircraft components, aircraft engines and/or associated equipment.
A.3.7 Full Category B1 Licence Holders

A.3.8 Full Category B2 Licence Holder

A.3.9 Full Category B1/B2 Licence Holder

A.3.10 Transitional Category B1 Licence Holders

A.3.11 Transitional Category B2 Licence Holder

A.4 Storepersons and logistics
A.4.1 Storeperson Level 1

A.4.2 Storeperson Level 2

A.4.3 Storeperson Level 3

A.4.4 Storeperson Level 4

A.4.5 Storeperson Level 5

Schedule B—Summary of Hourly Rates of Pay
B.1 Ordinary hourly rate
B.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clauses 20.6(a) and 20.8(a), this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.
B.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 18Minimum rates. Consistent with clause B.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.
B.2 Full-time and part-time aviation transport employees
B.2.1 Full-time and part-time aviation transport employees other than shiftworkers—ordinary and penalty rates

 

Ordinary hours

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

100%

150%

200%

200%

250%

 

$

$

$

$

$

Level 1

21.06

31.59

42.12

42.12

52.65

Level 2

21.16

31.74

42.32

42.32

52.90

Level 3

21.53

32.30

43.06

43.06

53.83

Level 4

22.14

33.21

44.28

44.28

55.35

Level 5

23.14

34.71

46.28

46.28

57.85

Level 6

23.75

35.63

47.50

47.50

59.38

Level 7

23.91

35.87

47.82

47.82

59.78

Level 8

24.93

37.40

49.86

49.86

62.33

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.2.2 Full-time and part-time aviation transport shiftworkers—shiftwork rates

 

Early morning or afternoon shift

Night shift1

Night shift2

Continuous afternoon or night shifts3

 

% of ordinary hourly rate4

 

115%

122.5%

130%

150%

 

$

$

$

$

Level 1

24.22

25.80

27.38

31.59

Level 2

24.33

25.92

27.51

31.74

Level 3

24.76

26.37

27.99

32.30

Level 4

25.46

27.12

28.78

33.21

Level 5

26.61

28.35

30.08

34.71

Level 6

27.31

29.09

30.88

35.63

Level 7

27.50

29.29

31.08

35.87

Level 8

28.67

30.54

32.41

37.40

1 Night shift worked in accordance with clause 17.3.

2 Night shift worked in accordance with clause 17.4.

3 Rate that must be paid to shiftworkers who work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights (including Saturdays and Sundays) (see clause 17.5).

4 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.2.3 Full-time and part-time aviation transport shiftworkers—penalty rates

 

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

150%

200%

200%

250%

 

$

$

$

$

Level 1

31.59

42.12

42.12

52.65

Level 2

31.74

42.32

42.32

52.90

Level 3

32.30

43.06

43.06

53.83

Level 4

33.21

44.28

44.28

55.35

Level 5

34.71

46.28

46.28

57.85

Level 6

35.63

47.50

47.50

59.38

Level 7

35.87

47.82

47.82

59.78

Level 8

37.40

49.86

49.86

62.33

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.2.4 Full-time and part-time aviation transport employees including shiftworkers—overtime rates

 

Day workers

Shiftworkers (except continuous shiftworkers)

Continuous shiftworkers

 

Monday to Saturday

Sunday

Monday to Saturday

Sunday

Monday to Sunday

First 2 hours

After 2 hours

All hours

First 2 hours

After 2 hours

All hours

All overtime hours

 

% of ordinary hourly rate1

 

150%

200%

200%

150%

200%

200%

200%

 

$

$

$

$

$

$

$

Level 1

31.59

42.12

42.12

31.59

42.12

42.12

42.12

Level 2

31.74

42.32

42.32

31.74

42.32

42.32

42.32

Level 3

32.30

43.06

43.06

32.30

43.06

43.06

43.06

Level 4

33.21

44.28

44.28

33.21

44.28

44.28

44.28

Level 5

34.71

46.28

46.28

34.71

46.28

46.28

46.28

Level 6

35.63

47.50

47.50

35.63

47.50

47.50

47.50

Level 7

35.87

47.82

47.82

35.87

47.82

47.82

47.82

Level 8

37.40

49.86

49.86

37.40

49.86

49.86

49.86

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.3 Full-time and part-time clerical, administration and support adult employees
B.3.1 Full-time and part-time clerical, administration and support employees other than shiftworkers—ordinary and penalty rates

 

Ordinary hours

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

100%

150%

200%

200%

250%

 

$

$

$

$

$

Level 1

21.75

32.63

43.50

43.50

54.38

Level 2

22.70

34.05

45.40

45.40

56.75

Level 3

23.97

35.96

47.94

47.94

59.93

Level 4

25.18

37.77

50.36

50.36

62.95

Level 5

26.20

39.30

52.40

52.40

65.50

Level 6

27.23

40.85

54.46

54.46

68.08

Level 7

28.26

42.39

56.52

56.52

70.65

Level 8

29.28

43.92

58.56

58.56

73.20

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.3.2 Full-time and part-time clerical, administration and support shiftworkers—shiftwork rates

 

Early morning or afternoon shift

Night shift1

Night shift2

Continuous afternoon or night shifts3

 

% of ordinary hourly rate4

 

115%

122.5%

130%

150%

 

$

$

$

$

Level 1

25.01

26.64

28.28

32.63

Level 2

26.11

27.81

29.51

34.05

Level 3

27.57

29.36

31.16

35.96

Level 4

28.96

30.85

32.73

37.77

Level 5

30.13

32.10

34.06

39.30

Level 6

31.31

33.36

35.40

40.85

Level 7

32.50

34.62

36.74

42.39

Level 8

33.67

35.87

38.06

43.92

1 Night shift worked in accordance with clause 17.3.

2 Night shift worked in accordance with clause 17.4.

3 Rate that must be paid to shiftworkers who work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights (including Saturdays and Sundays) (see clause 17.5).

4 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.3.3 Full-time and part-time clerical, administration and support shiftworkers—penalty rates

 

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

150%

200%

200%

250%

 

$

$

$

$

Level 1

32.63

43.50

43.50

54.38

Level 2

34.05

45.40

45.40

56.75

Level 3

35.96

47.94

47.94

59.93

Level 4

37.77

50.36

50.36

62.95

Level 5

39.30

52.40

52.40

65.50

Level 6

40.85

54.46

54.46

68.08

Level 7

42.39

56.52

56.52

70.65

Level 8

43.92

58.56

58.56

73.20

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.3.4 Full-time and part-time clerical, administration and support employees including shiftworkers—overtime rates

 

Day workers

Shiftworkers (except continuous shiftworkers)

Continuous shiftworkers

 

Monday to Saturday

Sunday

Monday to Saturday

Sunday

Monday to Sunday

First 2 hours

After 2 hours

All hours

First 2 hours

After 2 hours

All hours

All overtime hours

 

% of ordinary hourly rate1

 

150%

200%

200%

150%

200%

200%

200%

 

$

$

$

$

$

$

$

Level 1

32.63

43.50

43.50

32.63

43.50

43.50

43.50

Level 2

34.05

45.40

45.40

34.05

45.40

45.40

45.40

Level 3

35.96

47.94

47.94

35.96

47.94

47.94

47.94

Level 4

37.77

50.36

50.36

37.77

50.36

50.36

50.36

Level 5

39.30

52.40

52.40

39.30

52.40

52.40

52.40

Level 6

40.85

54.46

54.46

40.85

54.46

54.46

54.46

Level 7

42.39

56.52

56.52

42.39

56.52

56.52

56.52

Level 8

43.92

58.56

58.56

43.92

58.56

58.56

58.56

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.4 Full-time and part-time maintenance and engineering adult employees
B.4.1 Full-time and part-time maintenance and engineering employees other than shiftworkers—ordinary and penalty rates

 

Ordinary hours

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

100%

150%

200%

200%

250%

 

$

$

$

$

$

Aircraft worker 1

19.49

29.24

38.98

38.98

48.73

Aircraft worker 2

20.06

30.09

40.12

40.12

50.15

Aircraft worker 3

20.82

31.23

41.64

41.64

52.05

Aircraft worker 4

21.54

32.31

43.08

43.08

53.85

Tradesperson

22.70

34.05

45.40

45.40

56.75

Aircraft Maintenance Engineer

24.77

37.16

49.54

49.54

61.93

Full Category B1.1 Licence Holder

26.55

39.83

53.10

53.10

66.38

Full Category B1.2 Licence Holder

26.55

39.83

53.10

53.10

66.38

Full Category B1.3 Licence Holder

26.55

39.83

53.10

53.10

66.38

Full Category B1.4 Licence Holder

26.55

39.83

53.10

53.10

66.38

Full Category B2 Licence Holder

26.55

39.83

53.10

53.10

66.38

Full Category B1/B2 Licence Holder

26.55

39.83

53.10

53.10

66.38

Transitional Category B1.1 Licence Holder

26.55

39.83

53.10

53.10

66.38

Transitional Category B1.2 Licence Holder

25.34

38.01

50.68

50.68

63.35

Transitional Category B1.3 Licence Holder

26.55

39.83

53.10

53.10

66.38

Transitional Category B1.4 Licence Holder

25.34

38.01

50.68

50.68

63.35

Transitional Category B2 Licence Holder

26.55

39.83

53.10

53.10

66.38

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.4.2 Full-time and part-time maintenance and engineering shiftworkers—shiftwork rates

 

Early morning or afternoon shift

Night shift1

Night shift2

Continuous afternoon or night shifts3

 

% of ordinary hourly rate4

 

115%

122.5%

130%

150%

 

$

$

$

$

Aircraft worker 1

22.41

23.88

25.34

29.24

Aircraft worker 2

23.07

24.57

26.08

30.09

Aircraft worker 3

23.94

25.50

27.07

31.23

Aircraft worker 4

24.77

26.39

28.00

32.31

Tradesperson

26.11

27.81

29.51

34.05

Aircraft Maintenance Engineer

28.49

30.34

32.20

37.16

Full Category B1.1 Licence Holder

30.53

32.52

34.52

39.83

Full Category B1.2 Licence Holder

30.53

32.52

34.52

39.83

Full Category B1.3 Licence Holder

30.53

32.52

34.52

39.83

Full Category B1.4 Licence Holder

30.53

32.52

34.52

39.83

Full Category B2 Licence Holder

30.53

32.52

34.52

39.83

Full Category B1/B2 Licence Holder

30.53

32.52

34.52

39.83

Transitional Category B1.1 Licence Holder

30.53

32.52

34.52

39.83

Transitional Category B1.2 Licence Holder

29.14

31.04

32.94

38.01

Transitional Category B1.3 Licence Holder

30.53

32.52

34.52

39.83

Transitional Category B1.4 Licence Holder

29.14

31.04

32.94

38.01

Transitional Category B2 Licence Holder

30.53

32.52

34.52

39.83

1 Night shift worked in accordance with clause 17.3.

2 Night shift worked in accordance with clause 17.4.

3 Rate that must be paid to shiftworkers who work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights (including Saturdays and Sundays) (see clause 17.5).

4 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.4.3 Full-time and part-time maintenance and engineering shiftworkers—penalty rates

 

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

150%

200%

200%

250%

 

$

$

$

$

Aircraft worker 1

29.24

38.98

38.98

48.73

Aircraft worker 2

30.09

40.12

40.12

50.15

Aircraft worker 3

31.23

41.64

41.64

52.05

Aircraft worker 4

32.31

43.08

43.08

53.85

Tradesperson

34.05

45.40

45.40

56.75

Aircraft Maintenance Engineer

37.16

49.54

49.54

61.93

Full Category B1.1 Licence Holder

39.83

53.10

53.10

66.38

Full Category B1.2 Licence Holder

39.83

53.10

53.10

66.38

Full Category B1.3 Licence Holder

39.83

53.10

53.10

66.38

Full Category B1.4 Licence Holder

39.83

53.10

53.10

66.38

Full Category B2 Licence Holder

39.83

53.10

53.10

66.38

Full Category B1/B2 Licence Holder

39.83

53.10

53.10

66.38

Transitional Category B1.1 Licence Holder

39.83

53.10

53.10

66.38

Transitional Category B1.2 Licence Holder

38.01

50.68

50.68

63.35

Transitional Category B1.3 Licence Holder

39.83

53.10

53.10

66.38

Transitional Category B1.4 Licence Holder

38.01

50.68

50.68

63.35

Transitional Category B2 Licence Holder

39.83

53.10

53.10

66.38

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.4.4 Full-time and part-time maintenance and engineering employees including shiftworkers—overtime rates

 

Day workers

Shiftworkers (except continuous shiftworkers)

Continuous shiftworkers

 

Monday to Saturday

Sunday

Monday to Saturday

Sunday

Monday to Sunday

First 2 hours

After 2 hours

All hours

First 2 hours

After 2 hours

All hours

All overtime hours

 

% of ordinary hourly rate1

 

150%

200%

200%

150%

200%

200%

200%

 

$

$

$

$

$

$

$

Aircraft worker 1

29.24

38.98

38.98

29.24

38.98

38.98

38.98

Aircraft worker 2

30.09

40.12

40.12

30.09

40.12

40.12

40.12

Aircraft worker 3

31.23

41.64

41.64

31.23

41.64

41.64

41.64

Aircraft worker 4

32.31

43.08

43.08

32.31

43.08

43.08

43.08

Tradesperson

34.05

45.40

45.40

34.05

45.40

45.40

45.40

Aircraft Maintenance Engineer

37.16

49.54

49.54

37.16

49.54

49.54

49.54

Full Category B1.1 Licence Holder

39.83

53.10

53.10

39.83

53.10

53.10

53.10

Full Category B1.2 Licence Holder

39.83

53.10

53.10

39.83

53.10

53.10

53.10

Full Category B1.3 Licence Holder

39.83

53.10

53.10

39.83

53.10

53.10

53.10

Full Category B1.4 Licence Holder

39.83

53.10

53.10

39.83

53.10

53.10

53.10

Full Category B2 Licence Holder

39.83

53.10

53.10

39.83

53.10

53.10

53.10

Full Category B1/B2 Licence Holder

39.83

53.10

53.10

39.83

53.10

53.10

53.10

Transitional Category B1.1 Licence Holder

39.83

53.10

53.10

39.83

53.10

53.10

53.10

Transitional Category B1.2 Licence Holder

38.01

50.68

50.68

38.01

50.68

50.68

50.68

Transitional Category B1.3 Licence Holder

39.83

53.10

53.10

39.83

53.10

53.10

53.10

Transitional Category B1.4 Licence Holder

38.01

50.68

50.68

38.01

50.68

50.68

50.68

Transitional Category B2 Licence Holder

39.83

53.10

53.10

39.83

53.10

53.10

53.10

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.5 Full-time and part-time storepersons and logistics adult employees
B.5.1 Full-time and part-time storepersons and logistics employees other than shiftworkers—ordinary and penalty rates

 

Ordinary hours

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

100%

150%

200%

200%

250%

 

$

$

$

$

$

Level 1

20.72

31.08

41.44

41.44

51.80

Level 2

21.19

31.79

42.38

42.38

52.98

Level 3

21.75

32.63

43.50

43.50

54.38

Level 4

22.43

33.65

44.86

44.86

56.08

Level 5

23.25

34.88

46.50

46.50

58.13

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.5.2 Full-time and part-time storepersons and logistics shiftworkers—shiftwork rates

 

Early morning or afternoon shift

Night shift1

Night shift2

Continuous afternoon or night shifts3

 

% of ordinary hourly rate4

 

115%

122.5%

130%

150%

 

$

$

$

$

Level 1

23.83

25.38

26.94

31.08

Level 2

24.37

25.96

27.55

31.79

Level 3

25.01

26.64

28.28

32.63

Level 4

25.79

27.48

29.16

33.65

Level 5

26.74

28.48

30.23

34.88

1 Night shift worked in accordance with clause 17.3.

2 Night shift worked in accordance with clause 17.4.

3 Rate that must be paid to shiftworkers who work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights (including Saturdays and Sundays) (see clause 17.5).

4 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.5.3 Full-time and part-time storepersons and logistics shiftworkers—penalty rates

 

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

150%

200%

200%

250%

 

$

$

$

$

Level 1

31.08

41.44

41.44

51.80

Level 2

31.79

42.38

42.38

52.98

Level 3

32.63

43.50

43.50

54.38

Level 4

33.65

44.86

44.86

56.08

Level 5

34.88

46.50

46.50

58.13

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.5.4 Full-time and part-time storepersons and logistics employees including shiftworkers—overtime rates

 

Day workers

Shiftworkers (except continuous shiftworkers)

Continuous shiftworkers

 

Monday to Saturday

Sunday

Monday to Saturday

Sunday

Monday to Sunday

First 2 hours

After 2 hours

All hours

First 2 hours

After 2 hours

All hours

All overtime hours

 

% of ordinary hourly rate1

 

150%

200%

200%

150%

200%

200%

200%

 

$

$

$

$

$

$

$

Level 1

31.08

41.44

41.44

31.08

41.44

41.44

41.44

Level 2

31.79

42.38

42.38

31.79

42.38

42.38

42.38

Level 3

32.63

43.50

43.50

32.63

43.50

43.50

43.50

Level 4

33.65

44.86

44.86

33.65

44.86

44.86

44.86

Level 5

34.88

46.50

46.50

34.88

46.50

46.50

46.50

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.6 Casual aviation transport employees
B.6.1 Casual aviation transport employees other than shiftworkers—ordinary and penalty rates

 

Ordinary hours

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

125%

175%

225%

225%

275%

 

$

$

$

$

$

Level 1

26.33

36.86

47.39

47.39

57.92

Level 2

26.45

37.03

47.61

47.61

58.19

Level 3

26.91

37.68

48.44

48.44

59.21

Level 4

27.68

38.75

49.82

49.82

60.89

Level 5

28.93

40.50

52.07

52.07

63.64

Level 6

29.69

41.56

53.44

53.44

65.31

Level 7

29.89

41.84

53.80

53.80

65.75

Level 8

31.16

43.63

56.09

56.09

68.56

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.6.2 Casual aviation transport shiftworkers—shiftwork rates

 

Early morning or afternoon shift

Night shift1

Night shift2

Continuous afternoon or night shifts3

 

% of ordinary hourly rate4

 

140%

147.5%

155%

175%

 

$

$

$

$

Level 1

29.48

31.06

32.64

36.86

Level 2

29.62

31.21

32.80

37.03

Level 3

30.14

31.76

33.37

37.68

Level 4

31.00

32.66

34.32

38.75

Level 5

32.40

34.13

35.87

40.50

Level 6

33.25

35.03

36.81

41.56

Level 7

33.47

35.27

37.06

41.84

Level 8

34.90

36.77

38.64

43.63

1 Night shift worked in accordance with clause 17.3.

2 Night shift worked in accordance with clause 17.4.

3 Rate that must be paid to shiftworkers who work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights (including Saturdays and Sundays) (see clause 17.5).

4 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.6.3 Casual aviation transport shiftworkers—penalty rates

 

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

175%

225%

225%

275%

 

$

$

$

$

Level 1

36.86

47.39

47.39

57.92

Level 2

37.03

47.61

47.61

58.19

Level 3

37.68

48.44

48.44

59.21

Level 4

38.75

49.82

49.82

60.89

Level 5

40.50

52.07

52.07

63.64

Level 6

41.56

53.44

53.44

65.31

Level 7

41.84

53.80

53.80

65.75

Level 8

43.63

56.09

56.09

68.56

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.7 Casual clerical, administration and support adult employees
B.7.1 Casual clerical, administration and support employees other than shiftworkers—ordinary and penalty rates

 

Ordinary hours

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

125%

175%

225%

225%

275%

 

$

$

$

$

$

Level 1

27.19

38.06

48.94

48.94

59.81

Level 2

28.38

39.73

51.08

51.08

62.43

Level 3

29.96

41.95

53.93

53.93

65.92

Level 4

31.48

44.07

56.66

56.66

69.25

Level 5

32.75

45.85

58.95

58.95

72.05

Level 6

34.04

47.65

61.27

61.27

74.88

Level 7

35.33

49.46

63.59

63.59

77.72

Level 8

36.60

51.24

65.88

65.88

80.52

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.7.2 Casual clerical, administration and support shiftworkers—shiftwork rates

 

Early morning or afternoon shift

Night shift1

Night shift2

Continuous afternoon or night shifts3

 

% of ordinary hourly rate4

 

140%

147.5%

155%

175%

 

$

$

$

$

Level 1

30.45

32.08

33.71

38.06

Level 2

31.78

33.48

35.19

39.73

Level 3

33.56

35.36

37.15

41.95

Level 4

35.25

37.14

39.03

44.07

Level 5

36.68

38.65

40.61

45.85

Level 6

38.12

40.16

42.21

47.65

Level 7

39.56

41.68

43.80

49.46

Level 8

40.99

43.19

45.38

51.24

1 Night shift worked in accordance with clause 17.3.

2 Night shift worked in accordance with clause 17.4.

3 Rate that must be paid to shiftworkers who work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights (including Saturdays and Sundays) (see clause 17.5).

4 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.7.3 Casual clerical, administration and support shiftworkers—penalty rates

 

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

175%

225%

225%

275%

 

$

$

$

$

Level 1

38.06

48.94

48.94

59.81

Level 2

39.73

51.08

51.08

62.43

Level 3

41.95

53.93

53.93

65.92

Level 4

44.07

56.66

56.66

69.25

Level 5

45.85

58.95

58.95

72.05

Level 6

47.65

61.27

61.27

74.88

Level 7

49.46

63.59

63.59

77.72

Level 8

51.24

65.88

65.88

80.52

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.8 Casual maintenance and engineering adult employees
B.8.1 Casual maintenance and engineering employees other than shiftworkers—ordinary and penalty rates

 

Ordinary hours

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

125%

175%

225%

225%

275%

 

$

$

$

$

$

Aircraft worker 1

24.36

34.11

43.85

43.85

53.60

Aircraft worker 2

25.08

35.11

45.14

45.14

55.17

Aircraft worker 3

26.03

36.44

46.85

46.85

57.26

Aircraft worker 4

26.93

37.70

48.47

48.47

59.24

Tradesperson

28.38

39.73

51.08

51.08

62.43

Aircraft Maintenance Engineer

30.96

43.35

55.73

55.73

68.12

Full Category B1.1 Licence Holder

33.19

46.46

59.74

59.74

73.01

Full Category B1.2 Licence Holder

33.19

46.46

59.74

59.74

73.01

Full Category B1.3 Licence Holder

33.19

46.46

59.74

59.74

73.01

Full Category B1.4 Licence Holder

33.19

46.46

59.74

59.74

73.01

Full Category B2 Licence Holder

33.19

46.46

59.74

59.74

73.01

Full Category B1/B2 Licence Holder

33.19

46.46

59.74

59.74

73.01

Transitional Category B1.1 Licence Holder

33.19

46.46

59.74

59.74

73.01

Transitional Category B1.2 Licence Holder

31.68

44.35

57.02

57.02

69.69

Transitional Category B1.3 Licence Holder

33.19

46.46

59.74

59.74

73.01

Transitional Category B1.4 Licence Holder

31.68

44.35

57.02

57.02

69.69

Transitional Category B2 Licence Holder

33.19

46.46

59.74

59.74

73.01

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.8.2 Casual maintenance and engineering shiftworkers—shiftwork rates

 

Early morning or afternoon shift

Night shift1

Night shift2

Continuous afternoon or night shifts3

 

% of ordinary hourly rate4

 

140%

147.5%

155%

175%

 

$

$

$

$

Aircraft worker 1

27.29

28.75

30.21

34.11

Aircraft worker 2

28.08

29.59

31.09

35.11

Aircraft worker 3

29.15

30.71

32.27

36.44

Aircraft worker 4

30.16

31.77

33.39

37.70

Tradesperson

31.78

33.48

35.19

39.73

Aircraft Maintenance Engineer

34.68

36.54

38.39

43.35

Full Category B1.1 Licence Holder

37.17

39.16

41.15

46.46

Full Category B1.2 Licence Holder

37.17

39.16

41.15

46.46

Full Category B1.3 Licence Holder

37.17

39.16

41.15

46.46

Full Category B1.4 Licence Holder

37.17

39.16

41.15

46.46

Full Category B2 Licence Holder

37.17

39.16

41.15

46.46

Full Category B1/B2 Licence Holder

37.17

39.16

41.15

46.46

Transitional Category B1.1 Licence Holder

37.17

39.16

41.15

46.46

Transitional Category B1.2 Licence Holder

35.48

37.38

39.28

44.35

Transitional Category B1.3 Licence Holder

37.17

39.16

41.15

46.46

Transitional Category B1.4 Licence Holder

35.48

37.38

39.28

44.35

Transitional Category B2 Licence Holder

37.17

39.16

41.15

46.46

1 Night shift worked in accordance with clause 17.3.

2 Night shift worked in accordance with clause 17.4.

3 Rate that must be paid to shiftworkers who work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights (including Saturdays and Sundays) (see clause 17.5).

4 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.8.3 Casual maintenance and engineering shiftworkers—penalty rates

 

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

175%

225%

225%

275%

 

$

$

$

$

Aircraft worker 1

34.11

43.85

43.85

53.60

Aircraft worker 2

35.11

45.14

45.14

55.17

Aircraft worker 3

36.44

46.85

46.85

57.26

Aircraft worker 4

37.70

48.47

48.47

59.24

Tradesperson

39.73

51.08

51.08

62.43

Aircraft Maintenance Engineer

43.35

55.73

55.73

68.12

Full Category B1.1 Licence Holder

46.46

59.74

59.74

73.01

Full Category B1.2 Licence Holder

46.46

59.74

59.74

73.01

Full Category B1.3 Licence Holder

46.46

59.74

59.74

73.01

Full Category B1.4 Licence Holder

46.46

59.74

59.74

73.01

Full Category B2 Licence Holder

46.46

59.74

59.74

73.01

Full Category B1/B2 Licence Holder

46.46

59.74

59.74

73.01

Transitional Category B1.1 Licence Holder

46.46

59.74

59.74

73.01

Transitional Category B1.2 Licence Holder

44.35

57.02

57.02

69.69

Transitional Category B1.3 Licence Holder

46.46

59.74

59.74

73.01

Transitional Category B1.4 Licence Holder

44.35

57.02

57.02

69.69

Transitional Category B2 Licence Holder

46.46

59.74

59.74

73.01

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.9 Casual storepersons and logistics adult employees
B.9.1 Casual storepersons and logistics employees other than shiftworkers—ordinary and penalty rates

 

Ordinary hours

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

125%

175%

225%

225%

275%

 

$

$

$

$

$

Level 1

25.90

36.26

46.62

46.62

56.98

Level 2

26.49

37.08

47.68

47.68

58.27

Level 3

27.19

38.06

48.94

48.94

59.81

Level 4

28.04

39.25

50.47

50.47

61.68

Level 5

29.06

40.69

52.31

52.31

63.94

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.9.2 Casual storepersons and logistics shiftworkers—shiftwork rates

 

Early morning or afternoon shift

Night shift1

Night shift2

Continuous afternoon or night shifts3

 

% of ordinary hourly rate4

 

140%

147.5%

155%

175%

 

$

$

$

$

Level 1

29.01

30.56

32.12

36.26

Level 2

29.67

31.26

32.84

37.08

Level 3

30.45

32.08

33.71

38.06

Level 4

31.40

33.08

34.77

39.25

Level 5

32.55

34.29

36.04

40.69

1 Night shift worked in accordance with clause 17.3.

2 Night shift worked in accordance with clause 17.4.

3 Rate that must be paid to shiftworkers who work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights (including Saturdays and Sundays) (see clause 17.5).

4 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.9.3 Casual storepersons and logistics shiftworkers—penalty rates

 

Saturday

Sunday

Public holiday

Public holidays other than Christmas Day and Good Friday

Christmas Day and Good Friday

 

% of ordinary hourly rate1

 

175%

225%

225%

275%

 

$

$

$

$

Level 1

36.26

46.62

46.62

56.98

Level 2

37.08

47.68

47.68

58.27

Level 3

38.06

48.94

48.94

59.81

Level 4

39.25

50.47

50.47

61.68

Level 5

40.69

52.31

52.31

63.94

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

Schedule C—Summary of Monetary Allowances

See clause 20Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances:
C.1.1 The following wage-related allowances, defined in clause 2Definitions as the minimum weekly rate for a Tradesperson in clause 18.3 = $862.50.

Allowance

Clause

% of standard rate

$

Payable

All classifications

       

Multiple shift allowance—3 shifts with start times over 30 minutes apart

17.6(a)

0.52

4.49

per roster week

Multiple shift allowance—more than 3 shifts with start times over 30 minutes apart—additional to clause 17.6(a)

17.6(b)

0.55

4.74

per each such starting time in excess of 3

Coffin allowance

20.2(a)

0.37

3.19

per coffin

Disability allowance—excessive fumes, noise and dust etc.

20.2(b)(i)(A)

0.12

1.04

per hour

Disability allowance—noise and dust to a limited degree

20.2(b)(i)(B)

0.066

0.57

per hour

First aid allowance

20.2(c)

1.68

14.49

per week

Nightsoil allowance

20.2(d)

0.64

5.52

per shift

Foreign language allowance—1 language

20.2(e)

0.66

5.69

per week

Foreign language allowance—2 languages

20.2(e)

0.99

8.54

per week

Foreign language allowance—3 or more languages

20.2(e)

1.29

11.13

per week

Aviation transport workers stream

       

Money collection allowance—Less than $200

20.4(a)

0.60

5.18

per week

Money collection allowance—$200 to less than $1000

20.4(a)

1.20

10.35

per week

Money collection allowance—$1000 to less than $5000

20.4(a)

1.61

13.89

per week

Money collection allowance—$5000 and over

20.4(a)

1.87

16.13

per week

Leading hand allowance

20.4(b)

3.00

25.88

per week

Maintenance and engineering stream

       

Full Category Aircraft Type Rating Endorsement payment —first endorsement—Full Category B1.1 Licence Holder*

20.6(b)(i)

20.00

172.50

per week

Full Category Aircraft Type Rating Endorsement payment—first endorsement—Full Category B1.2 Licence Holder*

20.6(b)(i)

15.00

129.38

per week

Full Category Aircraft Type Rating Endorsement payment—first endorsement—Full Category B1.3 Licence Holder*

20.6(b)(i)

20.00

172.50

per week

Full Category Aircraft Type Rating Endorsement payment—first endorsement—Full Category B1.4 Licence Holder*

20.6(b)(i)

15.00

129.38

per week

Full Category Aircraft Type Rating Endorsement payment—first endorsement—Full Category B2 Licence Holder*

20.6(b)(i)

25.00

215.63

per week

Full Category Aircraft Type Rating Endorsement payment—first endorsement—Full Category B1/B2 Licence Holder*

20.6(b)(i)

30.00

258.75

per week

Full Category Aircraft Type Rating Endorsement payment—each additional endorsement—Full Category B1.1 Licence Holder*

20.6(b)(i)

5.00

43.13

per week

Full Category Aircraft Type Rating Endorsement payment—each additional endorsement—Full Category B1.2 Licence Holder*

20.6(b)(i)

5.00

43.13

per week

Full Category Aircraft Type Rating Endorsement payment—each additional endorsement—Full Category B1.3 Licence Holder*

20.6(b)(i)

5.00

43.13

per week

Full Category Aircraft Type Rating Endorsement payment—each additional endorsement—Full Category B1.4 Licence Holder*

20.6(b)(i)

5.00

43.13

per week

Full Category Aircraft Type Rating Endorsement payment—each additional endorsement—Full Category B2 Licence Holder*

20.6(b)(i)

5.00

43.13

per week

Full Category Aircraft Type Rating Endorsement payment—each additional endorsement—Full Category B1/B2 Licence Holder*

20.6(b)(i)

5.00

43.13

per week

Aggregate of all Full Category Endorsement payments—not to exceed maximum

20.6(b)(ii)

35.00

301.88

per week

Aggregate of all Full Category Endorsement payments for B2 Licence Holder (including allowances paid under clause 20.6(f)(i))—not to exceed maximum

20.6(b)(iii)

35.00

301.88

per week

Transitional Category Aircraft Type Rating Endorsement payment—first endorsement—Transitional Category B1.1 Licence Holder*

20.6(c)(i)

15.00

129.38

per week

Transitional Category Aircraft Type Rating Endorsement payment—first endorsement—Transitional Category B1.2 Licence Holder*

20.6(c)(i)

10.92

94.19

per week

Transitional Category Aircraft Type Rating Endorsement payment—first endorsement—Transitional Category B1.3 Licence Holder*

20.6(c)(i)

15.00

129.38

per week

Transitional Category Aircraft Type Rating Endorsement payment—first endorsement—Transitional Category B1.4 Licence Holder*

20.6(c)(i)

10.92

94.19

per week

Transitional Category Aircraft Type Rating Endorsement payment—first endorsement—Transitional Category B2 Licence Holder*

20.6(c)(i)

21.24

183.20

per week

Transitional Category Aircraft Type Rating Endorsement payment—each additional endorsement—Transitional Category B1.1 Licence Holder*

20.6(c)(i)

4.25

36.66

per week

Transitional Category Aircraft Type Rating Endorsement payment—each additional endorsement—Transitional Category B1.2 Licence Holder*

20.6(c)(i)

4.25

36.66

per week

Transitional Category Aircraft Type Rating Endorsement payment—each additional endorsement—Transitional Category B1.3 Licence Holder*

20.6(c)(i)

4.25

36.66

per week

Transitional Category Aircraft Type Rating Endorsement payment—each additional endorsement—Transitional Category B1.4 Licence Holder*

20.6(c)(i)

4.25

36.66

per week

Transitional Category Aircraft Type Rating Endorsement payment—each additional endorsement—Transitional Category B2 Licence Holder*

20.6(c)(i)

4.25

36.66

per week

Aggregate of all Transitional Category Endorsement payments—not to exceed maximum

20.6(c)(ii)

29.03

250.38

per week

Aggregate of all Transitional Category Endorsement payments for B2 Licence Holder (including allowances paid under clause 20.6(f)(i))—not to exceed maximum

20.6(c)(iii)

29.03

250.38

per week

Special appointments—additional payments for exercise of privilege in maintenance and engineering stream—weight control authority under CAO 100.28*

20.6(e)(i)(A)

7.17

61.84

per week

Special appointments—additional payments for exercise of privilege in maintenance and engineering stream—appointment signatory under CAO 145.A.30(f)*

20.6(e)(i)(B)

2.55

21.99

per week

Special appointments—additional payments for exercise of privilege in maintenance and engineering stream—non-destructive testing authorisation under CAO 100.27:*

20.6(e)(i)(C)

1.38

11.90

per week

Special appointments—additional payments for exercise of privilege in maintenance and engineering stream—sum of payment not to exceed maximum*

20.6(e)(i)(C)

3.46

29.84

per week

Special appointments—additional payments for exercise of privilege in maintenance and engineering stream—welding authority under CAO 100.25*

20.6(e)(i)(D)

3.46

29.84

per week

Special appointments—additional payments for exercise of privilege in maintenance and engineering stream—taxiing approval*

20.6(e)(i)(E)

1.38

11.90

per week

Special appointments—additional payments for exercise of privilege in maintenance and engineering stream—control of engine overhaul test facility*

20.6(e)(i)(F)

0.71

6.12

per day or part of day

Category A Licence Holder—exercise of privileges and authorities of Category A Licence*

20.6(f)(i)

7.80

67.28

per week

Category A Licence Holder—exercise of second sub-Category A Licence endorsement*

20.6(f)(ii)

6.00

51.75

per week

Category A Licence Holder—exercise of third and subsequent sub-Category A Licence endorsements*

20.6(f)(ii)

5.00

43.13

per week

Category C Licence Holder—exercise of privileges and authorities of Category C Licence Holder*

20.6(g)(i)

5.34

46.06

per week

Maintenance and engineering stream—leading hand allowance*

20.6(h)

5.34

46.06

per week

Cold places allowance

20.7(d)

0.074

0.64

per hour

Hot places allowance—between 46 and 54oC

20.7(e)

0.076

0.66

per hour

Hot places allowance—in excess of 54oC

20.7(e)

0.10

0.86

per hour

Wet places allowance

20.7(f)(i)

0.076

0.66

per hour

Confined spaces allowance

20.7(g)

0.076

0.66

per hour

Dirty work allowance

20.7(h)

0.10

0.86

per hour

Fuel tanks allowance

20.7(i)

0.12

1.04

per hour

Fibre glass allowance

20.7(j)

0.08

0.69

per hour

* These allowances apply for all purposes of this award.

C.1.2 Adjustment of wage–related allowances

C.2 Expense-related allowances
C.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 16.4, 20.3, 20.5 and 20.8:

C.2.2 Adjustment of expense-related allowances

   

Schedule D—School-based Apprentices
D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training contract for an apprentice declared or recognised by the relevant State or Territory authority.
D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
D.4 For the purposes of clause D.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
D.7 The duration of the apprenticeship must be as specified in the training contract for each apprentice but must not exceed 6 years.
D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency based progression if provided for in this award.
D.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
D.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

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

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

Assessed capacity (clause E.5)
%

Relevant minimum wage
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

E.4.2 Provided that the minimum amount payable must be not less than $87 per week.
E.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
E.5 Assessment of capacity
E.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
E.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
E.6 Lodgement of SWS wage assessment agreement
E.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
E.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
E.7 Review of assessment

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

E.8 Other terms and conditions of employment

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

E.9 Workplace adjustment

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

E.10 Trial period
E.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
E.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause E.5.

Schedule F—National Training Wage
F.1 Definitions
F.1.1 In this schedule:

(a) has been approved by the relevant State or Territory training authority; and

(b) meets the requirements of a training package developed by the relevant Skills Service Organisation and endorsed by the Australian Industry and Skills Committee; and

(c) leads to an AQF certificate level qualification.

F.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at 1 January in each year and is taken to:

(a) include any period of schooling beyond Year 10 that was not part of, or did not contribute to, a completed year of schooling; and

(b) include any period during which a trainee repeats, in whole or part, a year of schooling beyond Year 10; and

(c) not include any period during a calendar year after the completion during that year of a year of schooling.

F.2 Coverage
F.2.1 Subject to clauses F.2.2 to F.2.5, this schedule applies to an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are allocated to a wage level by clause F.6 or by clause F.4.4.
F.2.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause F.6.
F.2.3 This schedule does not apply to:

F.2.4 If this schedule is inconsistent with other provisions of this award relating to traineeships, the other provisions prevail.
F.2.5 This schedule ceases to apply to an employee at the end of the traineeship.
F.3 Types of traineeship

The following types of traineeship are available:

F.3.1 A full-time traineeship based on 38 ordinary hours per week, with 20% of those hours being approved training;
F.3.2 A part-time traineeship based on fewer than 38 ordinary hours per week, with 20% of those hours being approved training provided:

F.4 Minimum rates
F.4.1 Minimum weekly rates for full-time traineeships

F.4.2 Minimum hourly rates for part-time traineeships

F.4.3 Other minimum wage provisions

F.4.4 Default wage rate

F.5 Employment conditions
F.5.1 A trainee undertaking a school-based traineeship may agree to be paid an additional loading of 25% on all ordinary hours worked instead of being paid annual leave, paid personal/carer’s leave, paid compassionate leave and paid absence on public holidays. However, if the trainee works on a public holiday, the public holiday provisions of this award apply.
F.5.2 A trainee is entitled to be released from work without loss of pay and without loss of continuity of employment to attend any training and assessment specified in, or associated with, the training contract.
F.5.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
F.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses F.4.2(e)(ii) and F.4.2(e)(iii) and not by clause F.5.3.
F.5.5 Subject to clause F.2.4, this award applies to a trainee in the same way that it applies to an employee who is not a trainee except as otherwise expressly provided by this schedule.
F.6 Allocation of traineeships to wage levels

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

F.6.1 Wage level A

Training package

AQF certificate level

Aeroskills

II

Aviation

I, II, III

Business Services

I, II, III

Information and Communications Technology

I, II, III

Manufacturing

I, II, III

Metal and Engineering (Technical)

III

Training and Assessment

III

Transport and Logistics

III

F.6.2 Wage level B

Training package

AQF certificate level

Metal and Engineering (Production)

II, III

Transport and Logistics

I, II

   

Schedule G—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started: ___/___/20___ ____ am/pm

Date and time overtime ended: ___/___/20___ ____ am/pm

Amount of overtime worked: _______ hours and ______ minutes

The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule H—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___

[If the employee is under 18 years of age - include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then 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.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule I—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___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule J—Part-day Public Holidays
J.1 This schedule operates in conjunction with award provisions dealing with public holidays.
J.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or 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:

J.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
J.4 This schedule is not intended to detract from or supplement the NES.