MA000109  PR718126
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

PROFESSIONAL DIVING INDUSTRY (RECREATIONAL) AWARD 2010
[MA000109]

Diving services

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 9 APRIL 2020

4 yearly review of modern awards – Professional Diving Industry (Recreational) Award 2010 – modern award varied – correction.

A. The determination issued by the Full Bench on 14 February 2020 [PR716683] is corrected as follows:

1. By deleting the clauses and schedules attached in the determination issued on 14 February 2020 and inserting the new clauses and schedules attached.

B. This determination comes into operation from 13 April 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 13 April 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Airport Employees 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 3
4. Coverage 4
5. Individual flexibility arrangements 5
6. Requests for flexible working arrangements 6
7. Facilitative provisions 7
Part 2— Types of Employment and Classifications 9
8. Types of employment 9
9. Full-time employees 9
10. Part-time employees 9
11. Casual employees 9
12. Apprentices 12
13. Junior employees 13
14. Classifications 13
Part 3— Hours of Work 13
15. Ordinary hours of work—all employees 13
16. Ordinary hours of work and rostering—day workers 13
17. Ordinary hours of work and rostering—shiftworkers 14
18. Breaks – day workers 15
Part 4— Wages and Allowances 16
19. Minimum rates 16
20. Payment of wages 21
21. Allowances 21
22. Superannuation 27
Part 5— Overtime and Penalty Rates 28
23. Overtime 28
24. Shiftwork penalty rates 32
Part 6— Leave and Public Holidays 34
25. Annual leave 34
26. Personal/carer’s leave and compassionate leave 39
27. Parental leave and related entitlements 40
28. Community service leave 41
29. Special leave 41
30. Unpaid family and domestic violence leave 42
31. Public holidays and Sunday work 42
Part 7— Consultation and Dispute Resolution 44
32. Consultation about major workplace change 44
33. Consultation about changes to rosters or hours of work 45
34. Dispute resolution 45
35. Dispute resolution procedure training leave 46
Part 8— Termination of Employment and Redundancy 46
36. Termination of employment 46
37. Redundancy 47
Schedule A —Skill Level Descriptions 49
Schedule B —Summary of Hourly Rates of Pay 67
Schedule C —Summary of Monetary Allowances 81
Schedule D —School-based Apprentices 84
Schedule E —Supported Wage System 85
Schedule F —National Training Wage 88
Schedule G —Agreement to Take Annual Leave in Advance 97
Schedule H —Agreement to Cash Out Annual Leave 98
Schedule I —Part-day Public Holidays 99
Schedule X —Additional Measures During the COVID-19 Pandemic 101

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Airport Employees 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:

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 award covers employers throughout Australia that operate airports and their employees in the classifications in clause 14Classifications to the exclusion of any other modern award.

4.2 This award does not cover an employee employed by a Local Government employer covered by another award.

4.3 This award covers:

(a) on-hire employees working in a classification defined in clause 14Classifications and the on-hire employers of those employees while engaged in the performance of work for an employer throughout Australia that operates airports. Clause 4.3(a) operates subject to the exclusions from coverage in this award.

(b) employers which provide group training services for apprentices and/or trainees working in a classification defined in clause 14Classifications and those apprentices and/or trainees engaged by a group training service hosted by an employer to perform work at a location where the activities described herein are being performed. Clause 4.3(b) operates subject to the exclusions from coverage in this award.

4.4 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.

4.5 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 This award contains facilitative provisions which allow agreement to be reached between the employer and employees on how specific award provisions are to apply at the workplace level. The facilitative provisions are identified in clauses 7.3, 7.4, 7.5 and 7.8.

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

7.3 The following facilitative provision can be utilised upon agreement between the employer and an employee:

Clause number

Subject matter

25.12

Annual leave in advance

25.13

Cashing out of annual leave

31.3

Substitution of public holidays

31.8(b)

Rostered day off falling on public holiday

7.4 The following facilitative provisions can be utilised upon agreement between the employer and the majority of employees affected in the workplace:

Clause number

Subject matter

17.2(b)

Average number of hours during a shift roster

18.2

Variation of meal breaks

7.5 The following facilitative provisions can be utilised upon agreement between the employer and the majority of employees affected in the workplace, provided that the agreement complies with clauses 7.6 and 7.7. Once such agreement has been reached, the particular form of flexibility agreed upon may be utilised by agreement between the employer and an individual employee without the need for the majority to be consulted:

Clause number

Subject matter

16.4

Variation to the span of ordinary hours

17.3(b)

Arrangement of ordinary hours of shiftwork

17.5

Variation of the method of working shifts

25.3(b)

Single day annual leave absences

7.6 Agreement reached consistent with clause 7.5 must be recorded in the time and wages records kept by the employer.

7.7 If an employee is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions specified in clause 7.5. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.

7.8 In relation to the following facilitative provision, the requirements of clause 7.5 are to be met, and there is an additional requirement that the relevant union(s) must be informed by the employer of the intention to use the facilitative provision:

Clause number

Subject matter

17.3(c)

12 hour shifts

7.9 In the event that a dispute or difficulty arises over the implementation of a facilitative provision, the matter will be handled in accordance with clause 34Dispute resolution.

Part 2—Types of Employment and Classifications

8. Types of employment

An employee may be engaged on a full-time, part-time or casual basis.

9. Full-time employees

An employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in this award.

10. Part-time employees

10.1 An employee may be engaged to work regular hours on a part-time basis.

10.2 The ordinary hours of a part-time employee must be less than 38 per week or an average of 38 per week.

10.3 The employer and employee will agree on the days and hours a part-time employee will work.

10.4 A part-time employee will be paid the minimum hourly rate for each ordinary hour.

10.5 Employment of part-time employees must not be at the expense of full-time positions.

10.6 An employee may request an employer to consider their transfer either to or from part-time employment and the employer must consider such request promptly in the context of operational requirements and the special requirements of the employee making the request.

11. Casual employees

11.1 A casual employee is one engaged on a casual basis.

11.2 A casual employee for working ordinary time must be paid the minimum hourly rate per hour plus a 25% loading.

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

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 Apprentices

12.2 Adult apprentices

12.3 Apprentice trades

(a) Mechanical;

(b) Electrical;

(c) Plumbing; and

(d) Carpentry.

12.4 Except as provided in clause 12 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.

12.5 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. Provided that clause 12.5 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.

12.6 For the purposes of clause 12.5 above, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 12.5, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

12.7 The amount payable by an employer under clause 12.5 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.

12.8 All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship, which are paid by an apprentice, will be reimbursed by the employer within 6 months of the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the commencement of the training provided by the RTO, whichever is the later, unless there is unsatisfactory progress.

12.9 An employer may meet its obligations under clause 12.8 by paying any fees and/or cost of textbooks directly to the RTO.

12.10 Time spent by an apprentice in attending any training and/or 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 12.10 operates subject to the provisions of Schedule D—School-based Apprentices.

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

13. Junior employees

See clause 19.5Junior employee minimum rates.

14. Classifications

A description of the classifications under this award is set out in Schedule A—Skill Level Descriptions.

Part 3—Hours of Work

15. Ordinary hours of work—all employees

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

16. Ordinary hours of work and rostering—day workers

16.1 The ordinary hours of work will be 38 or an average of 38 per week arranged according to the requirements of the particular airport or department.

16.2 Ordinary hours of work may be worked on any day or all days, Monday to Friday inclusive, between the hours of 6.30 am and 6.30 pm.

16.3 The spread of ordinary hours must not exceed 12 hours on any one day.

16.4 An alternative 12 hour span may be adopted by agreement between the employer and a majority of the employees concerned to cater for specific operational, seasonal or climatic conditions subject to clause 7.5.

16.5 No employee will be required to work more than 10 ordinary hours on any one day.

16.6 Ordinary hours must be worked continuously, except for meal breaks.

17. Ordinary hours of work and rostering—shiftworkers

17.1 Definitions

17.2 Hours

(a) The ordinary hours of work must be:

(b) Where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 hours is achieved over a period which exceeds 28 consecutive days.

(c) Subject to clauses17.2(d)17.2(f) and 17.3 shiftwork may be carried out at such times and locations as the employer’s operations require.

(d) Ordinary hours must be worked continuously except for meal breaks at the discretion of the employer.

(e) An employee must not be required to work more than 5 hours without a break for a meal without payment of overtime.

(f) Except at regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.

17.3 Duration of shift

(a) Subject to clause 17.3(c) and 17.3(d), a shift must consist of not more than 10 hours, inclusive of rest time.

(b) Subject to clause 7.5, in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 on any day, such arrangement of hours will be subject to the agreement of the employer and the majority of employees concerned.

(c) By agreement between the employer and the majority of employees concerned, ordinary hours not exceeding 12 on any day may be worked, subject to clause 7.8 and:

(d) 20 minutes must be allowed to shiftworkers each shift for a meal, which must be counted as time worked.

17.4 Rosters

17.5 Variation by agreement

(a) Subject to clauses 17.2 and 17.4, the method of working shifts may in any case be varied by agreement between the employer and the majority of employees concerned.

(b) The time of commencing and finishing shifts, once having been determined, may be varied by agreement between the employer and the majority of employees concerned to suit the operational requirements at an airport.

(c) The provisions of clause 17.5 will operate subject to clause 7.5.

18. Breaks – day workers

18.1 An employee must not be required to work for more than 5 hours without a break for a meal. Such meal breaks will not count as time worked for day workers.

18.2 Meal breaks during ordinary hours must be for a period of 30 minutes. Provided that the duration and starting time of meal breaks will be variable by agreement between the employer and the employees concerned to suit the particular work requirements and to enable efficient completion of work.

18.3 Except as provided in clause 18.4, all work done during meal periods and thereafter until a meal break is allowed must be paid at the rate of 150% of the minimum hourly rate.

18.4 An employee employed on regular maintenance may be required to work during meal breaks at ordinary rates whenever instructed to do so:

(a) for the purpose of making good breakdowns of equipment; or

(b) upon routine maintenance of equipment which can only be done while such equipment is idle.

18.5 The meal break must be made available at the first reasonable opportunity after the maintenance has been performed.

Part 4—Wages and Allowances

19. Minimum rates

19.1 Minimum rates

19.2 Skill level descriptions

19.3 Apprentice minimum rates

19.4 Adult apprentice minimum rates

(a) The minimum wage of an adult apprentice who commenced their apprenticeship before 1 January 2014 must be the rate prescribed by clause 19.3 for the relevant year of the apprenticeship.

(b) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the standard rate or the rate prescribed by clause 19.3 for the relevant year of apprenticeship, whichever is greater.

(c) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 19.1 or the rate prescribed by clause 19.3 for the relevant year of apprenticeship, whichever is the greater.

(d) Provided that where a person was employed by the employer prior to becoming an adult apprentice, such person must not suffer a reduction in the minimum wage by virtue of becoming indentured.

(e) For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum rate that is from time to time applicable to the classification or class of work in which they were engaged immediately prior to entering the indenture.

19.5 Junior employee minimum rates

19.6 Higher duties

(a) An employee whose normal wage does not exceed the maximum rate for Administrative services officer Level 5 who is engaged on duties carrying a higher rate than their ordinary classification must be paid:

Time per day or shift on duties carrying a higher rate

Payment

More than 4 hours

Higher rate for the day or shift

1–4 hours

Higher rate for time worked on higher duties

(b) An employee whose normal wage exceeds the maximum rate for an Administrative services officer Level 5 who is engaged for one week or more on duties carrying the higher rate than their ordinary classification may be paid the higher rate for such time.

(c) An employee who temporarily performs the duties of a position carrying a higher rate than their own classification but does not perform all the duties of that position may be paid an allowance of such amount and subject to such conditions as the employer determines.

(d) An allowance paid under clause 19.6 will be regarded as part of the minimum wage for the purposes of calculating overtime and penalty payments.

19.7 Supported wage system

19.8 National training wage

20. 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.

20.1 All money payable under this award must be paid fortnightly by electronic transfer of funds into an account with a bank or other recognised financial institution nominated by the employee. In the event that the employee has failed to nominate such an account, or closes such account, the employer may pay such money to an account in the name of the employee nominated by the employer.

20.2 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 20.2(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

21. 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.

21.1 Employers must pay to an employee the allowances the employee is entitled to under clause 21.

21.2 Wage-related allowances

21.3 Expense-related allowances

22. Superannuation

22.1 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.

22.2 Employer contributions

22.3 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 22.2.

(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 22.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 22.3(a) or (b) was made.

22.4 Superannuation fund

(a) AustralianSuper; or

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

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

Part 5—Overtime and Penalty Rates

23. Overtime

23.1 Payment for working overtime—day worker

(a) For all work required to be undertaken by a day worker outside ordinary hours Monday to Saturday except as provided by clause 23.8, the rate of pay must be 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate thereafter until completion of the overtime.

(b) For all work required to be undertaken by a day worker outside ordinary hours on Sunday except as provided by clause 23.8, the rate of pay must be 200% of the minimum hourly rate until the completion of the overtime work.

23.2 Payment for working overtime—shiftworker

(a) For all work required to be undertaken by a shiftworker outside ordinary hours Monday to Friday except as provided in clause 23.8, the rate of pay must be 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate thereafter until completion of the overtime.

(b) For all work required to be undertaken by a shiftworker outside of ordinary hours Saturday to Sunday except as provided by clause 23.8, the rate of pay must be 200% of the minimum hourly rate until the completion of the overtime work.

23.3 Calculating overtime hourly rate

(a) Except as provided in clause 23.5, in calculating overtime each day’s work will stand alone.

(b) The hourly rate for overtime purposes must be determined by the following method:

23.4 Eligibility for overtime payment

23.5 Rest period after overtime

(a) When overtime is necessary it must, wherever reasonably practicable, be so arranged that employees have at least 8 consecutive hours plus reasonable travelling time off duty between the work of successive days.

(b) An employee (other than a casual employee) who works so much overtime between the termination of work on one day and the commencement of work on the next day that they have not had at least 8 consecutive hours, exclusive of reasonable travelling time off duty between those times, must, subject to clause 23.5(a), be released after completion of such overtime until they have had such time off duty, without loss of pay for ordinary working time involved.

(c) If such employee is required to resume or continue work without having had such time off duty, they must be paid at 200% of the minimum hourly rate until released from duty for such period and must then be entitled to be absent until they have had such time off duty without loss of pay for any ordinary working time involved.

23.6 Call-back

(a) Subject to the provisions of clause 23.6(b), an employee required to return to work overtime after leaving their place of work must be paid a minimum of 4 hours’ pay at the appropriate rate for each time they are recalled.

(b) Where an employee has been contacted after ceasing work and is required to attend work immediately (i.e. within less than 3 hours of being contacted), that employee must be paid 200% of the minimum hourly rate for such duty, with a minimum payment of 3 hours, which includes reasonable time spent in travelling to and from such emergency. In addition, they must be paid mileage allowance at the appropriate rate or the payments specified under clause 21.3(c), whichever is the greater.

(c) The provisions of clause 23.6(b) will not apply to any employee who is in receipt of payments under clause 23.7, in which case clause 23.6(a) will apply.

(d) Where an employee is called back for duty on a designated public holiday, payment must be made in accordance with clause 31Public holidays and Sunday work.

(e) An employee must not be required to work the full minimum hours if the job they were called back to perform is completed within a shorter period.

(f) Overtime worked in the circumstances specified in the provision of clause 23.6 will not be regarded as overtime for the purpose of clause 23.5 when the actual time worked is less than 3 hours on such call-back or on each of such call-backs.

(g) The provisions of clause 23.6 will not apply in the following circumstances:

23.7 On-call and stand-by

(a) An employee may be required, outside their ordinary hours of duty, to hold themselves in readiness to perform extra duty, subject to payment for any such requirement under the conditions set out in clause 23.7.

(b) Payment will be subject to the following conditions:

(c) An employee who is required to remain contactable and available to perform extra duty outside the employee’s ordinary hours of duty must, subject to clause 23.7(b), be paid an allowance:

(d) An employee’s minimum rate for the purpose of calculation of the allowance under clause 23.7(c) must include higher duties allowance and any other allowances in the nature of wages.

(e) Where the employer has approved payment under clause 23.7 to employees ineligible for overtime payment under clause 23.4, the annual rate component of the formula at clause 23.3(b) must be the maximum of the annual rate range for an Administrative services officer Level 5.

(f) Any part of a period of restriction in respect of which the employee receives payment other than in accordance with clause 23.7(c) must not be included in the period of restriction for calculating payments under clause 23.7(c).

(g) No payment will be made to an employee under clause 23.7 for any period in which the employee does not remain contactable or at the required degree of readiness to perform extra duty.

(h) The provisions of clause 23.6(b) will not apply where an employee is recalled to duty whilst in any restriction situation specified in clauses 23.7(a) and 23.7(b).

(i) Where an employee, whilst in any restriction situation specified in clauses 23.7(a) and 23.7(b) is required to attend to perform overtime or ordinary duty on a public holiday, the payment for such attendance, whether the employee actually performs duty or not, will be subject to the minimum payment provisions contained in either clause 23.6 or 31Public holidays and Sunday work.

23.8 Absence from duty instead of overtime

(a) An employee who has performed overtime duty may, wherever practicable and with the approval of the employer, be released from duty for an equivalent period.

(b) Where an employee, other than a continuous shiftworker, is released from duty in accordance with clause 23.8(a) the employee must, in respect of the period they are so released, be entitled to be paid at the following rate:

(c) Where a continuous shiftworker is released from duty in accordance with clause 23.2 the employee must, in respect of the period they are so released, be entitled to be paid at the following rate:

23.9 Overtime payment

23.10 Meal allowance

(a) An employer may elect to provide an employee who works overtime with a meal.

(b) Where a meal is not provided, and subject to clause 23.10(c), a meal allowance of $15.29 must be paid to an employee who works a minimum of 2 hours’ overtime and after every subsequent 5 hours during any continuous period of overtime if the employee continues to work after the periods specified by clause 23.10.

(c) Entitlement to a meal allowance arises where an employee:

(d) Where overtime is worked on a Saturday, Sunday, public holiday or (in the case of a shiftworker) rostered day off is planned and constitutes the equivalent of a standard day or shift, only one meal allowance must be paid.

24. Shiftwork penalty rates

24.1 Definitions

(a) Night shift means a shift between 6.00 pm and 6.30 am.

(b) Non-rotating night shift means a shift which falls wholly within the hours of 6.00 pm and 8.00 am, provided such worker:

24.2 Shift payment

(a) A shiftworker whilst on a shift, any part of which is a night shift, must be paid for such shift 115% of the minimum hourly rate, except as specified in clause 24.2(b).

(b) A shiftworker on non-rotating night shift must be paid 130% of the minimum hourly rate.

(c) The additional payment prescribed by clause 24.2 will not be taken into account in the calculation of overtime or in determination of any allowance based upon the minimum hourly rate, nor will it be paid with respect to any shift for which any other form of penalty payment is made under this award.

24.3 Saturday shifts

(a) The minimum rate to be paid to a shiftworker for rostered work performed on Saturday must be 150% of the minimum hourly rate.

(b) When the Saturday falls on 25 December, 200% of the minimum hourly rate must be paid.

(c) Such extra rates will be in substitution for and not cumulative upon the payments prescribed in clause 24.2.

24.4 Sundays and public holidays

(a) Shiftworkers who work on a rostered shift, the major portion of which is performed on a Sunday or public holiday, must be paid as follows:

(b) For the purposes of clause 24.4 and clause 31Public holidays and Sunday work, where the starting and finishing times of a shift occur on different days of the week, that shift will be regarded as having been totally worked on the day on which the majority of hours were worked.

Part 6—Leave and Public Holidays

25. Annual leave

25.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee. A shiftworker, for the purposes of clause 25 and application of the NES, must be a shiftworker rostered to work regularly on Sundays and public holidays.

25.2 Additional periods of leave

Alice Springs

5 days

Darwin

5 days

Mt Isa

3 days

Tennant Creek

7 days

Townsville

2 days

Yulara

5 days

25.3 Broken leave

(a) Annual leave may be granted in such periods as are mutually agreed between the employer and an employee. Leave entitlements taken in respect of any year of service must include at least one period of at least one week, excluding public holidays.

(b) The employer and the majority of employees at an airport may agree to establish a system of single day annual leave absences, subject to clause 7.5.

25.4 Time of taking leave

25.5 Payment for period of annual leave

25.6 Electronic funds transfer (EFT) payment of annual leave

25.7 Annual leave loading

(a) During a period of annual leave an employee must be paid a loading calculated on the minimum rate prescribed in clause 25.5.

(b) The loading must be as follows:

25.8 Proportionate leave on termination

25.9 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 25.1).

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

(d) Clause 25.11 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

25.10 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 25.9(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 25.10(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 25.10(a) that is in effect.

(d) An employee to whom a direction has been given under clause 25.10(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 25.10(d) may result in the direction ceasing to have effect. See clause 25.10(b)(i).

NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

25.11 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 25.9(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 25.11(a) if:

(c) A notice given by an employee under clause 25.11(a) must not:

(d) An employee is not entitled to request by a notice under clause 25.11(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 25.1) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 25.11(a).

25.12 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 25.12 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 25.12, 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.

25.13 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.13.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.13.

(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 25.13 must state:

(e) An agreement under clause 25.13 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 25.13 as an employee record.

26. Personal/carer’s leave and compassionate leave

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

26.2 Leave may be taken for part of a single day.

26.3 Additional amounts of paid personal/carer’s leave

26.4 Personal leave at half pay

(a) In addition to an employee’s entitlements to personal leave at full pay, an employee is entitled to the following amount of half pay personal leave for absence due to personal illness or injury:

(b) Subject to clause 26.4(d), half pay personal leave is not available for use within the first year of service.

(c) Half pay personal leave is not available for carer’s leave or bereavement leave purposes as provided for under clause 26.4.

(d) Half pay personal leave entitlements which are not taken at the completion of the year will accumulate fully.

(e) An employee may be granted personal/carer’s leave for absences of up to 3 consecutive days without providing a medical certificate from a duly qualified medical practitioner provided such absences do not exceed a total of 5 days in aggregate in any sick leave year.

(f) In the case of an employee with at least 10 years’ continuous service who has exhausted their full pay personal leave entitlements, the employer may allow them to convert to leave on full pay so much of their half pay entitlements as are required for a continuous period of personal leave at least 10 days of which would otherwise be on half pay. In the application of clause 26.4:

(g) Notwithstanding anything contained in clause 26.4(a), an employee suffering injury through an accident arising out of and in the course of employment (not being an injury in respect of which there is a workers compensation entitlement) necessitating attendance during working hours to a doctor, chemist or trained nurse, or at a hospital, must not suffer any deduction in pay for the time (not exceeding 4 hours) so occupied on the day of the accident. The employee must be reimbursed by the employer for all expenses reasonably incurred in connection with such attendance.

(h) The retirement of an employee on medical grounds must not, except with their consent, be effected earlier than the date on which their entitlements to personal leave with pay have been exhausted.

(i) If an employee is terminated by the employer and is re-engaged within a period of 2 months, the employee’s unclaimed balance of personal leave must continue from the date of re-engagement. In such a case, the employee’s next year of service will commence after a total of 12 months has been served (excluding the period of interruption in service) from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.

(j) Year of service for the purposes of clause 26.4 means a 12 month period commencing from the date of the employee’s commencement of employment and from the anniversary of that date in each subsequent year.

26.5 Compassionate leave

(a) Compassionate leave is provided for in the NES.

(b) In addition to what is provided for in the NES, an employee, other than a casual employee, is entitled to an additional day paid leave on each occasion of the death of a member of the employee’s immediate family or household. For the purposes of clause 26.5, immediate family includes foster parents, step-parents and parents-in-law.

(c) Proof of death must be provided to the satisfaction of the employer, if requested.

27. Parental leave and related entitlements

27.1 Parental leave is provided for in the NES.

27.2 Entitlement to maternity leave

27.3 Qualifying service for payment

(a) employment with the employer; and

(b) for those employees previously employed by the Federal Airports Corporation, employment:

28. Community service leave

Community service leave is provided for in the NES.

29. Special leave

29.1 Paid

29.2 Unpaid

(a) At the discretion of the employer, an employee may be granted leave without pay for a maximum period of 12 months to respond to a personal or domestic occurrence or series of events that could not reasonably have been anticipated.

(b) The period of leave must count as service for all purposes, provided that it is not in excess of 22 working days.

(c) Where leave without pay is in excess of 22 working days, the whole absence will not count as service for annual leave, personal/carer’s leave, long service leave or annual leave loading accrual purposes.

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 and Sunday work

31.1 Public holidays are provided for in the NES.

31.2 Payment for time worked by shiftworkers on a public holiday

(a) A shiftworker who, by the arrangement of their ordinary hours of work under clause 17Ordinary hours of work and rostering—shiftworkers, is required to work on both:

(b) A part-time employee rostered to work on a day which originally would have been a holiday will either:

31.3 Substitution

(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.

31.4 Payment for work on public holidays

31.5 Payment for work on Sundays

31.6 Minimum payment

31.7 Rest period

31.8 Rostered day off falling on public holiday

(a) An employee who, by the arrangement of their ordinary hours of work, is entitled to a rostered day off which falls on a holiday prescribed by clause 31.8 must, where practicable, observe the holiday and be granted an alternative rostered day off.

(b) Where it is not practicable to grant an alternative rostered day off or by agreement between the employer and the employee, the employee must be paid for 7 hours 36 minutes at the minimum hourly rate in addition to payment for the public holiday.

(c) Entitlement to extra payment will not arise under clause 31.8 for employees whose wage is in excess of the maximum rate for an Administrative services officer Level 5.

31.9 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.

35. Dispute resolution procedure training leave

35.1 An employee representative must be granted leave of absence with pay to undertake training, on condition that:

(a) the content of the training will enhance the representative’s role in dispute resolution, consistent with the procedures of clause 34Dispute resolution;

(b) the airport’s operating requirements permit the grant of leave;

(c) payment for the leave will not include shift and penalty payments or overtime; and

(d) the leave will count as service for all purposes.

Part 8—Termination of Employment and Redundancy

36. Termination of employment

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

36.1 Notice of termination by an employee

(a) Clause 36.1 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 36.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 36.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 36.1(b), then no deduction can be made under clause 36.1(d).

(f) Any deduction made under clause 36.1(d) must not be unreasonable in the circumstances.

36.2 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 36.2 is to be taken at times that are convenient to the employee after consultation with the employer.

37. Redundancy

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

37.1 Transfer to lower paid duties on redundancy

(a) Clause 37.1 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 37.1(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.

37.2 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 37 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.

37.3 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 37.3(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 37.3(b).

(d) An employee who fails to produce proof when required under clause 37.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 36.2.

Schedule A—Skill Level Descriptions
A.1 Technical services officers
A.1.1 Technical services assistant

A.1.2 Technical services officer Level 1

A.1.3 Technical services officer Level 2

A.1.4 Technical services officer Level 3

A.1.5 Technical services officer Level 4

A.1.6 Technical services officer Level 5

A.1.7 Technical services officer Level 6

A.1.8 Technical services officer Level 7

A.1.9 Technical services officer Level 8

A.1.10 Technical services officer Level 9

A.1.11 Technical services officer Level 10

A.2 Administrative services officers
A.2.1 Administrative services officer Level 1

A.2.2 Administrative services officer Level 2

A.2.3 Administrative services officer Level 3

A.2.4 Administrative services officer Level 4

A.2.5 Administrative services officer Level 5

A.2.6 Administrative services officer Level 6

A.2.7 Administrative services officer Level 7

A.3 Ground services officers
A.3.1 Ground services officer Level 1

A.3.2 Ground services officer Level 2

A.3.3 Ground services officer Level 3

A.3.4 Ground services officer Level 4

A.3.5 Ground services officer Level 5

A.3.6 Ground services officer level 6

A.3.7 Ground services officer Level 7

A.3.8 Ground services officer Level 8

A.3.9 Ground services officer Level 9

A.3.10 Ground services officer Level 10

A.3.11 Ground services officer Level 11

A.4 Professional Engineers

A.4.1 Professional engineer Level 1

A.4.2 Professional engineer Level 2

A.4.3 Professional engineer Level 3

A.4.4 Professional engineer Level 4

A.4.5 Professional engineer Level 5

Schedule B—Summary of Hourly Rates of Pay
B.1 Full-time and part-time employees
B.1.1 Technical services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

200%

250%

 

$

$

$

$

$

$

Technical services assistant

21.83

25.10

28.38

32.75

43.66

54.58

Technical services officer Level 1

22.69

26.09

29.50

34.04

45.38

56.73

Technical services officer Level 2

23.49

27.01

30.54

35.24

46.98

58.73

Technical services officer Level 3

25.01

28.76

32.51

37.52

50.02

62.53

Technical services officer Level 4

26.50

30.48

34.45

39.75

53.00

66.25

Technical services officer Level 5

27.11

31.18

35.24

40.67

54.22

67.78

Technical services officer Level 6

27.90

32.09

36.27

41.85

55.80

69.75

Technical services officer Level 7

29.43

33.84

38.26

44.15

58.86

73.58

Technical services officer Level 8

30.22

34.75

39.29

45.33

60.44

75.55

Technical services officer Level 9

32.61

37.50

42.39

48.92

65.22

81.53

Technical services officer Level 10

35.00

40.25

45.50

52.50

70.00

87.50

1 When the Saturday falls on 25 December, 200% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December, 250% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.1.2 Technical services adult employees other than shiftworkers—overtime rates

B.1.3 Technical services adult shiftworker—overtime rates

B.1.4 Administrative services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

200%

250%

 

$

$

$

$

$

$

Administrative services officer Level 1

21.35

24.55

27.76

32.03

42.70

53.38

Administrative services officer Level 2

24.13

27.75

31.37

36.20

48.26

60.33

Administrative services officer Level 3

26.34

30.29

34.24

39.51

52.68

65.85

Administrative services officer Level 4

28.34

32.59

36.84

42.51

56.68

70.85

Administrative services officer Level 5

30.89

35.52

40.16

46.34

61.78

77.23

Administrative services officer Level 6

34.26

39.40

44.54

51.39

68.52

85.65

Administrative services officer Level 7

36.93

42.47

48.01

55.40

73.86

92.33

1 When the Saturday falls on 25 December, 200% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December, 250% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.1.5 Administrative services adult employees other than shiftworkers—overtime rates

B.1.6 Administrative services adult shiftworkers—overtime rates

B.1.7 Ground services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

200%

250%

 

$

$

$

$

$

$

Ground services officer Level 1

20.24

23.28

26.31

30.36

40.48

50.60

Ground services officer Level 2

20.72

23.83

26.94

31.08

41.44

51.80

Ground services officer Level 3

21.19

24.37

27.55

31.79

42.38

52.98

Ground services officer Level 4

21.83

25.10

28.38

32.75

43.66

54.58

Ground services officer Level 5

22.69

26.09

29.50

34.04

45.38

56.73

Ground services officer Level 6

23.49

27.01

30.54

35.24

46.98

58.73

Ground services officer Level 7

24.22

27.85

31.49

36.33

48.44

60.55

Ground services officer Level 8

24.69

28.39

32.10

37.04

49.38

61.73

Ground services officer Level 9

25.01

28.76

32.51

37.52

50.02

62.53

Ground services officer Level 10

25.33

29.13

32.93

38.00

50.66

63.33

Ground services officer Level 11

25.81

29.68

33.55

38.72

51.62

64.53

1 When the Saturday falls on 25 December, 200% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December, 250% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.1.8 Ground services adult employees other than shiftworkers—overtime rates

B.1.9 Ground services adult shiftworkers—overtime rates

B.1.10 Professional engineer adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

200%

250%

 

$

$

$

$

$

$

Professional engineer Level 1

           

—Pay point 1

28.15

32.37

36.60

42.23

56.30

70.38

—Pay point 2

29.24

33.63

38.01

43.86

58.48

73.10

—Pay point 3

30.30

34.85

39.39

45.45

60.60

75.75

Professional engineer Level 2

31.82

36.59

41.37

47.73

63.64

79.55

Professional engineer Level 3

35.00

40.25

45.50

52.50

70.00

87.50

Professional engineer Level 4

38.18

43.91

49.63

57.27

76.36

95.45

Professional engineer Level 5

42.70

49.11

55.51

64.05

85.40

106.75

1 When the Saturday falls on 25 December, 200% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December, 250% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.1.11 Professional engineer adult employees other than shiftworkers—overtime rates

B.1.12 Professional engineer adult shiftworkers—overtime rates

B.2 Casual employees
B.2.1 Casual technical services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

125%

140%

155%

175%

225%

275%

 

$

$

$

$

$

$

Technical services assistant

27.29

30.56

33.84

38.20

49.12

60.03

Technical services officer Level 1

28.36

31.77

35.17

39.71

51.05

62.40

Technical services officer Level 2

29.36

32.89

36.41

41.11

52.85

64.60

Technical services officer Level 3

31.26

35.01

38.77

43.77

56.27

68.78

Technical services officer Level 4

33.13

37.10

41.08

46.38

59.63

72.88

Technical services officer Level 5

33.89

37.95

42.02

47.44

61.00

74.55

Technical services officer Level 6

34.88

39.06

43.25

48.83

62.78

76.73

Technical services officer Level 7

36.79

41.20

45.62

51.50

66.22

80.93

Technical services officer Level 8

37.78

42.31

46.84

52.89

68.00

83.11

Technical services officer Level 9

40.76

45.65

50.55

57.07

73.37

89.68

Technical services officer Level 10

43.75

49.00

54.25

61.25

78.75

96.25

1 When the Saturday falls on 25 December, 225% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December, 275% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.2.2 Casual administrative services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

125%

140%

155%

175%

225%

275%

 

$

$

$

$

$

$

Administrative services officer Level 1

26.69

29.89

33.09

37.36

48.04

58.71

Administrative services officer Level 2

30.16

33.78

37.40

42.23

54.29

66.36

Administrative services officer Level 3

32.93

36.88

40.83

46.10

59.27

72.44

Administrative services officer Level 4

35.43

39.68

43.93

49.60

63.77

77.94

Administrative services officer Level 5

38.61

43.25

47.88

54.06

69.50

84.95

Administrative services officer Level 6

42.83

47.96

53.10

59.96

77.09

94.22

Administrative services officer Level 7

46.16

51.70

57.24

64.63

83.09

101.56

1 When the Saturday falls on 25 December, 225% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December, 275% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.2.3 Casual ground services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

125%

140%

155%

175%

225%

275%

 

$

$

$

$

$

$

Ground services officer Level 1

25.30

28.34

31.37

35.42

45.54

55.66

Ground services officer Level 2

25.90

29.01

32.12

36.26

46.62

56.98

Ground services officer Level 3

26.49

29.67

32.84

37.08

47.68

58.27

Ground services officer Level 4

27.29

30.56

33.84

38.20

49.12

60.03

Ground services officer Level 5

28.36

31.77

35.17

39.71

51.05

62.40

Ground services officer Level 6

29.36

32.89

36.41

41.11

52.85

64.60

Ground services officer Level 7

30.28

33.91

37.54

42.39

54.50

66.61

Ground services officer Level 8

30.86

34.57

38.27

43.21

55.55

67.90

Ground services officer Level 9

31.26

35.01

38.77

43.77

56.27

68.78

Ground services officer Level 10

31.66

35.46

39.26

44.33

56.99

69.66

Ground services officer Level 11

32.26

36.13

40.01

45.17

58.07

70.98

1 When the Saturday falls on 25 December, 225% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December, 275% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.2.4 Casual professional engineer adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

125%

140%

155%

175%

225%

275%

 

$

$

$

$

$

$

Professional engineer Level 1

           

—Pay point 1

35.19

39.41

43.63

49.26

63.34

77.41

—Pay point 2

36.55

40.94

45.32

51.17

65.79

80.41

—Pay point 3

37.88

42.42

46.97

53.03

68.18

83.33

Professional engineer Level 2

39.78

44.55

49.32

55.69

71.60

87.51

Professional engineer Level 3

43.75

49.00

54.25

61.25

78.75

96.25

Professional engineer Level 4

47.73

53.45

59.18

66.82

85.91

105.00

Professional engineer Level 5

53.38

59.78

66.19

74.73

96.08

117.43

1 When the Saturday falls on 25 December, 225% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December, 275% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

Schedule C—Summary of Monetary Allowances

See clause 21Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances:
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2Definitions as the minimum annual rate for a Technical services officer Level 1 in clause 19.1(a) divided by 52.1666 = $862.33.

Allowance

Clause

% of standard rate

$

Payable

Disability allowance—Technical or Ground services officers

21.2(a)(i)

0.1009

0.87

per hour

Disability allowance—confined space (boiler)

21.2(a)(iii)

0.2308

1.99

per hour

Disability allowance—maximum per hour

21.2(a)(iv)

0.1508

1.30

per hour

Disability allowance—maximum per hour for confined space (boiler)

21.2(a)(iv)

0.2308

1.99

per hour

Plumbers registration allowance

21.2(b)(i)

3.9127

33.74

per week

First aid allowance

21.2(c)

2.006

17.30

per week

District allowance—employees with dependents—Alice Springs

21.2(d)(ii)

360.1533

3105.71

per annum

District allowance—employees with dependents—Darwin

21.2(d)(ii)

360.1533

3105.71

per annum

District allowance—employees with dependents—Mt Isa

21.2(d)(ii)

360.1533

3105.71

per annum

District allowance—employees with dependents—Tennant Creek

21.2(d)(ii)

717.2973

6185.47

per annum

District allowance—employees with dependents—Townsville

21.2(d)(ii)

149.4787

1289.00

per annum

District allowance—employees with dependents—Yulara

21.2(d)(ii)

360.1533

3105.71

per annum

District allowance—employees without dependents—Alice Springs

21.2(d)(ii)

196.6301

1695.60

per annum

District allowance—employees without dependents—Darwin

21.2(d)(ii)

196.6301

1695.60

per annum

District allowance—employees without dependents—Mt Isa

21.2(d)(ii)

196.6301

1695.60

per annum

District allowance—employees without dependents—Tennant Creek

21.2(d)(ii)

443.4196

3823.74

per annum

District allowance—employees without dependents—Townsville

21.2(d)(ii)

75.2415

648.83

per annum

District allowance—employees without dependents—Yulara

21.2(d)(ii)

196.630

1695.60

per annum

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 clause 21.3:

C.2.2 Adjustment of expense-related allowances

C.3 Other allowances

Allowance

Clause

%

Payment detail

On-call and stand-by allowance—Monday to Friday

23.7(c)(i)

7.5

% of the employee’s minimum hourly rate for each hour restricted

On-call and stand-by allowance—Saturday and Sunday

23.7(c)(ii)

10

% of the employee’s minimum hourly rate for each hour restricted

On-call and stand-by allowance—Public holidays and rostered days off

23.7(c)(iii)

15

% of the employee’s minimum hourly rate for each hour restricted

   

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 agreement or contract of training 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 agreement or 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:

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:

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 E.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

Business Services

I, II, III

Information and Communications Technology

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

Transport and Logistics

I, II

   

Schedule G—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 H—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 I—Part-day Public Holidays
I.1 This schedule operates in conjunction with award provisions dealing with public holidays.
I.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:

I.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.
I.4 This schedule is not intended to detract from or supplement the NES.

Schedule X—Additional Measures During the COVID-19 Pandemic
X.1 Subject to clauses X.2.1(d) and X.2.2(c), Schedule X operates from 8 April 2020 until 30 June 2020. The period of operation can be extended on application.
X.2 During the operation of Schedule X, the following provisions apply:
X.2.1 Unpaid pandemic leave

X.2.2 Annual leave at half pay

NOTE 1: A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.

NOTE 2: Under section 340(1) of the Act, an employer must not take adverse action against an employee because the employee has a workplace right, has or has not exercised a workplace right, or proposes or does not propose to exercise a workplace right, or to prevent the employee exercising a workplace right. Under section 342(1) of the Act, an employer takes adverse action against an employee if the employer dismisses the employee, injures the employee in his or her employment, alters the position of the employee to the employee’s prejudice, or discriminates between the employee and other employees of the employer.

NOTE 3: Under section 343(1) of the Act, a person must not organise or take, or threaten to organise or take, action against another person with intent to coerce the person to exercise or not exercise, or propose to exercise or not exercise, a workplace right, or to exercise or propose to exercise a workplace right in a particular way.