MA000007  PR718390
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

HIGHER EDUCATION INDUSTRY—GENERAL STAFF—AWARD 2010
[MA000007]

Educational services

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 30 APRIL 2020

4 yearly review of modern awards – Higher Education Industry—General Staff—Award 2010 – modern award varied – correction.

A. The determination issued by the Full Bench on 14 February 2020 [PR716641] 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 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

Higher Education Industry—General 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 4
4. Coverage 4
5. Individual flexibility arrangements 5
6. Requests for flexible working arrangements 7
7. Facilitative provisions 8
Part 2— Types of Employment and Classifications 9
8. Types of employment 9
9. Full-time employment 10
10. Part-time employment 10
11. Fixed-term employment 10
12. Casual employment 12
13. Incidents of fixed-term contract of employment 14
14. Classifications 16
Part 3— Hours of Work 17
15. Ordinary hours of work and rostering 17
16. Breaks 18
Part 4— Wages and Allowances 18
17. Minimum rates 18
18. Payment of wages 22
19. Salary movement within a classification level 23
20. Allowances 24
21. Superannuation 24
Part 5— Overtime and Penalty Rates 25
22. Overtime 25
23. Penalty rates 28
Part 6— Leave and Public Holidays 28
24. Annual leave 28
25. Personal/carer’s leave and compassionate leave 33
26. Parental leave and related entitlements 33
27. Community service leave 34
28. Unpaid family and domestic violence leave 34
29. Public holidays 34
Part 7— Consultation and Dispute Resolution 34
30. Consultation about major workplace change 34
31. Consultation about changes to rosters or hours of work 36
32. Dispute resolution 36
Part 8— Termination of Employment and Redundancy 37
33. Termination of employment 37
34. Redundancy 38
Schedule A —Classification Definitions 40
Schedule B —Summary of Hourly Rates of Pay 57
Schedule C —Summary of Monetary Allowances 68
Schedule D —List of employers bound by the Higher Education Contract of Employment Award 1998 [AP784204] 80
Schedule E —Apprentices 82
Schedule F —School-based Apprentices 90
Schedule G — Supported Wage System 91
Schedule H —Agreement to Take Annual Leave in Advance 94
Schedule I —Agreement to Cash Out Annual Leave 95
Schedule J —Part-day Public Holidays 96
Schedule X —Additional Measures During the COVID-19 Pandemic 97

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Higher Education Industry—General 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) persons employed as academic staff;

(b) persons employed principally to teach ELICOS, TESOL or other English language courses;

(c) persons principally employed in the operation of theatrical venues used predominantly for commercial purposes or production companies engaged in the production of theatrical, musical or other entertainments on a commercial basis; and

(d) persons primarily employed to teach TAFE subjects that may be offered by an employer bound by this award.

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 higher education industry as defined, and University unions and Student unions as defined, and their employees engaged as general staff in the classifications listed in clause 17.1 in this award to the exclusion of any other modern award.

4.2 Higher education industry means educational institutions providing undergraduate and postgraduate teaching leading to the conferring of accredited degrees and performing research to support and inform the curriculum.

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

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

4.5 This award does not cover:

(a) employees excluded from award coverage by the Act;

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

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

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

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

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

6. Requests for flexible working arrangements

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

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

Clause

Provision

Agreement between an employer and:

18.1

Payment of wages

The majority of employees

22.4

Time off instead of paid overtime

An individual

24.4(b)(i)

Seasonal stand down of residential colleges staff

An individual

29.2

Substitution of public holidays where employer holidays provided

An individual

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 A person under this award must be engaged in one of the following categories:

(a) full-time (fixed-term or continuing);

(b) part-time (fixed-term or continuing); or

(c) casual.

8.2 Requirement to state terms of engagement

(a) for employees other than casual employees, the classification level and salary of the employee on commencement of the employment, and the hours or the fraction of full-time hours to be worked;

(b) for fixed-term employees, whether the term of the employment, the length and terms of any period of probation, and the circumstance(s) by reference to which the use of fixed-term contract for the type of employment has been decided for that employment;

(c) for part-time employees, the employer and the part-time employee will agree on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day;

(d) for casual employees, the duties required, the number of hours required, the rate of pay for each class of duty required and a statement that any additional duties required during the term will be paid for;

(e) for any employee subject to probationary employment, the length and terms of the probation; and

(f) other main conditions of employment including the identity of the employer, or the documentary, or other recorded sources from which the conditions derive, and the duties and reporting relationships to apply upon appointment that can be ascertained.

8.3 Nothing in this award:

(a) prevents an employee from engaging in additional work as a casual employee in work unrelated to, or identifiably separate from, the employee’s normal duties; or

(b) limits the number or proportion of employees that an employer may employ in a particular type of employment.

8.4 Probation

(a) The terms of engagement for a full-time, part-time or fixed-term employee may contain a reasonable probationary period that is directly related to the nature of the work to be carried out under the contract.

(b) As a condition incidental to employment on probation, an employee must be advised of, and given an opportunity to make response to, any adverse material about the employee which the employer intends to take into account in a decision to terminate the employment upon or before the expiry of the period of probation.

9. Full-time employment

Full-time employment means employment other than part-time, or casual.

10. Part-time employment

Part-time employment means employment for less than the normal weekly ordinary hours specified for a full-time employee, for which all award entitlements are paid on a pro rata basis calculated by reference to the time worked.

11. Fixed-term employment

11.1 Fixed-term employment means full-time or part-time employment for a specified term or ascertainable period, for which the instrument of engagement will specify the starting and finishing dates of that employment (or instead of a finishing date, will specify the circumstance(s) or contingency relating to a specific task or project, upon the occurrence of which the term of the employment will expire).

11.2 Restriction on the use of fixed-term employment

11.3 The use of fixed-term employment must be limited to the employment of an employee engaged on work activity that comes within the description of one or more of the following circumstances:

(a) Specific task or project means a definable work activity which has a starting time and which is expected to be completed within an anticipated timeframe. Without limiting the generality of that circumstance, it will also include a period of employment provided for from identifiable funding external to the employer, not being funding that is part of an operating grant from government or funding comprised of payments of fees made by or on behalf of students.

(b) Research means work activity by a person engaged on research only functions for a contract period not exceeding 5 years.

(c) Replacement employee means an employee:

12. Casual employment

12.1 Casual employment means employment where a person is engaged by the hour and paid on an hourly basis a payment that includes a loading related to award based benefits for which a casual employee is not eligible.

12.2 Casual loading

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

12.3 Minimum engagement

(a) employees who are students (including postgraduate students) who are expected to attend the university on that day in their capacity as students will have a minimum engagement period of one hour;

(b) a student will be taken as being expected for attendance on any Monday to Friday during the main teaching weeks of the university, other than public holidays as applied at the relevant university;

(c) employees with a primary occupation elsewhere (or with the employer) have a minimum period of engagement of one hour; and

(d) all other casuals must have a minimum period of engagement of 3 hours.

12.4 Casual conversion

13. Incidents of fixed-term contract of employment

Clause 13 only applies to those employers who were bound to the Higher Education Contract of Employment Award 1998 [AP784204]. For a list of employers who were bound to the Higher Education Contract of Employment Award 1998 [AP784204] see Schedule D—List of employers bound by the Higher Education Contract of Employment Award 1998 [AP784204].

Without reducing any entitlement under the employee’s contract or under an award provision applicable to the employee on account of the employee’s continuous service, a fixed-term contract employee is entitled to benefits specified in clause 13.

13.1 Incremental advancement

13.2 Notice of cessation or revocation of employment upon expiry of the contract

(a) any entitlement to notice of the employer’s intention to renew, or not to renew, employment with the employee upon the expiry of the contract: or

Period of continuous service

    Period of notice

Less than 1 year

    At least 1 week, or the equivalent of a full pay period, whichever is the greater

1 year but less than 3 years

    At least 2 weeks, or the equivalent of a full pay period, whichever is the greater

3 years but less than 5 years

    At least 3 weeks, or the equivalent of a full pay period, whichever is the greater

5 years or over

    At least 4 weeks, or the equivalent of a full pay period, whichever is the greater

(b) In addition to this notice, an employee over the age of 45 years at the time of the giving of notice and with not less than 2 years continuous service will be entitled to an additional week’s notice.

13.3 Where, because of circumstances relating to the provision of specific funding to support employment external to the employer and beyond its control, the employer is not reasonably able to give the notice required by clause 13.2, it will be sufficient compliance with clause 13 if the employer:

(a) advises those circumstances to the employee in writing by the latest time at which the notice would otherwise be required to be given; and

(b) gives notice to the employee at the earliest practicable date thereafter.

13.4 Severance pay

(a) A fixed-term employee whose contract of employment is not renewed in circumstances where the employee seeks to continue the employment will be entitled to a severance payment or retrenchment benefit payment howsoever called in accordance with the NES as it would apply to a full-time employee engaged in an equivalent classification in the following circumstances:

(b) Where an employer advises an employee in writing that further employment may be offered within 6 weeks of the expiry of a period of fixed-term employment, then the employing university may defer payment of severance benefits for a maximum period of 4 weeks from the expiry of the period of fixed-term employment.

(c) An employer, in a particular case, may make application to the Fair Work Commission to have the general severance payment or retrenchment benefit payment prescription varied if the employer obtains acceptable alternative employment for the employee.

13.5 Award entitlements and calculation of continuous service

(a) A fixed-term employee will be entitled to the same award terms and conditions in respect to award matters as would apply to a full-time or part-time employee engaged in an equivalent classification and working an equivalent proportion of normal weekly ordinary hours for the classification.

(b) For the purpose of this award, breaks between fixed-term appointments of up to 2 times per year and of up to 6 weeks, will not constitute breaks in continuous service.

(c) Periods of approved unpaid leave will not count for service, but will not constitute breaks in service for the purposes of clause 13.5.

13.6 Right of application for full-time or part-time employment

14. Classifications

14.1 The higher education worker level classification standard set out in Schedule A—Classification Definitions shall be the primary determinant of the classifications of general staff positions. Positions will be classified at the level which most accurately reflects the work performed by the employee as required by the employer, taking into account the skills and responsibilities required to perform that work.

14.2 No employee shall refuse to perform duties reasonably required, consistent with the employee’s classification and which the employee is competent to perform.

Part 3—Hours of Work

15. Ordinary hours of work and rostering

15.1 Ordinary hours—employees other than shiftworkers

(a) Ordinary hours may be worked in a manner agreed over a 4 week cycle as follows:

Category of staff employees

Ordinary hours

Spread of hours

Building services staff

38

6.00 am–6.00 pm Monday–Friday

Catering and retail staff

38

6.00 am–7.30 pm Monday–Sunday

Security staff

38

6.00 am–6.00 pm Monday–Sunday

Children’s services staff

38

6.30 am–6.30 pm Monday–Friday

Storage services staff

38

7.00 am–5.30 pm Monday–Friday

Building and maintenance staff

38

6.00 am–6.00 pm Monday–Friday

Trades staff, including plumbers

38

6.00 am–6.00 pm Monday–Friday

Professional, administrative, clerical, computing and technical (PACCT) staff

36.75

8.00 am–6.00 pm Monday–Friday

(b) The classifications set out in the table in clause 15.1(a) must be read in conjunction with Schedule A—Classification Definitions.

15.2 Ordinary hours and roster cycles—shiftworkers

(a) The ordinary hours for shiftwork will:

16. Breaks

16.1 Unpaid meal breaks

(a) An employee will not be required to work more than 5 consecutive hours without a meal break of at least half an hour.

(b) Time taken as meal breaks will not be paid for and will not be counted as time worked.

16.2 Paid rest breaks

Part 4—Wages and Allowances

17. Minimum rates

17.1 Adult rates

Employee classification

Minimum annual salary
(full-time employee)

Other than PACCT staff

PACCT staff

Minimum hourly rate1

Minimum hourly rate2

 

$

$

$

HEW 1

     

HEW Level 1.1

41,389.18

20.95

21.66

HEW Level 1.2

42,039.00

21.27

22.00

HEW Level 1.3

42,688.80

21.60

22.34

HEW 2

     

HEW Level 2.1

43,468.59

22.00

22.75

HEW Level 2.2

44,118.40

22.33

23.09

HEW 3

     

HEW Level 3.1

45,034.65

22.79

23.57

HEW Level 3.2

45,814.44

23.19

23.97

HEW Level 3.3

46,594.23

23.58

24.38

HEW Level 3.4

47,374.00

23.97

24.79

HEW Level 3.5

48,018.61

24.30

25.13

HEW 4

     

HEW Level 4.1

49,058.33

24.83

25.67

HEW Level 4.2

49,968.06

25.29

26.15

HEW Level 4.3

50,877.81

25.75

26.62

HEW 5

     

HEW Level 5.1

51,577.25

26.10

26.99

HEW Level 5.2

52,642.96

26.64

27.55

HEW Level 5.3

53,342.54

27.00

27.91

HEW Level 5.4

54,408.24

27.53

28.47

HEW Level 5.5

55,473.94

28.07

29.03

HEW 6

     

HEW Level 6.1

56,799.57

28.74

29.72

HEW Level 6.2

57,865.27

29.28

30.28

HEW Level 6.3

58,795.81

29.76

30.77

HEW Level 6.4

59,861.52

30.29

31.32

HEW 7

     

HEW Level 7.1

61,076.69

30.91

31.96

HEW Level 7.2

62,376.33

31.57

32.64

HEW Level 7.3

63,675.97

32.22

33.32

HEW Level 7.4

64,975.61

32.88

34.00

HEW 8

     

HEW Level 8.1

66,535.18

33.67

34.82

HEW Level 8.2

68,614.60

34.72

35.91

HEW Level 8.3

70,694.00

35.78

36.99

HEW Level 8.4

72,773.41

36.83

38.08

HEW 9

     

HEW Level 9.1

74,982.82

37.95

39.24

HEW Level 9.2

77,062.25

39.00

40.33

HEW Level 9.3

79,141.65

40.05

41.41

HEW 10

     

HEW Level 10.1

79,271.60

40.12

41.48

17.2 Classification Levels

17.3 Junior employee rates

(a) Clause 17.3 does not apply to employees who are required to hold a trade qualification or to employees employed in a position classified higher than HEW 3.

(b) Junior employees are to be paid a percentage of the appropriate adult rate for the position performed as follows:

Age

% of adult rate

Under 16 years

36.8

At 16 years

47.3

At 17 years

57.8

At 18 years

68.3

At 19 years

82.5

At 20 years

97.7

17.4 Higher duties

(a) An employee is entitled to an allowance equal to the difference between the employee’s ordinary rate and the ordinary rate of the position temporarily filled, on a proportionate basis (i.e. proportion will equate with the proportion of duties of the higher position performed).

(b) A higher duties allowance is payable:

(c) Junior employees will be paid an allowance equal to the difference between the salary rate for the employee’s age in their own position and salary rate for the employee’s age in the higher position (if an age classification does not exist, will be calculated in the normal manner for adult employees).

17.5 Mixed functions—catering and retail staff, children’s services staff, storage services, grounds/gardeners/farm staff and maintenance staff

(a) An employee engaged for more than 2 hours on duties carrying a higher rate than his/her ordinary classification must be paid the higher rate for each day.

(b) An employee engaged for less than 2 hours on duties carrying a higher rate than their ordinary classification must be paid the higher rate for the time so worked at the higher level.

17.6 Supported wage system

17.7 National training wage

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

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

17.8 Apprentice rates of pay

17.9 School-based apprentices

18. 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.

18.1 An employee’s salary, including applicable allowances and overtime payments will be paid fortnightly by cheque or electronic funds transfer. Notwithstanding this, if an employer and the majority of employees agree, all employees must be paid by electronic funds transfer.

18.2 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 18.2(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

19. Salary movement within a classification level

19.1 At the conclusion of each 12 month period, following the commencement date of this award or entry into a HEW level, full-time and part-time general employees will be eligible for movement to the next highest pay point within the HEW level, following a staff development/performance review.

19.2 Movement to the next pay point within a HEW level will only occur when a employee has, over the preceding 12 months:

(a) acquired and utilised additional skills, experience and competencies within the ambit of the classification and in accord with the priorities of the organisational unit and or employer. For this purpose the employee will be assessed against relevant criteria used in a staff development/performance review; and

(b) demonstrated satisfactory performance against the position classification standards within this award.

19.3 If the requirements above are not met at the conclusion of the period referred to in clause 19.2, then the employee will not progress until such time as the requirements are met.

19.4 Movement to the next highest pay point will be effective from the anniversary date of employment. In cases where a staff development/performance review is delayed, the anniversary date must not be changed and any increase in salary will be paid retrospectively to the anniversary date, unless the delay is related to the acquisition of new skills and greater responsibilities and/or competencies, in which case the date of acquisition will be the effective date.

19.5 An employee who has been absent in excess of 3 months, in aggregate, will have the review delayed by the period of absence. Any resultant increase will also be delayed by the period of absence.

19.6 An annual staff development/performance review must be conducted for all full-time and part-time employees, except those on the highest salary point within their classification. The review will be confidential.

(a) assessment of performance and use of skills against the position classification standards; and

(b) identification of the development and training needs of the employee in order to:

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 Allowances are payable to an employee in addition to their ordinary rate of pay.

21. Superannuation

21.1 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.

21.2 Employer contributions

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

(b) Employers who, before 12 September 2008 made contributions of 3% to the Tertiary Education Superannuation Scheme for the benefit of employees for whom they were not required to pay the superannuation guarantee charge, must continue to make such contributions as if the Tertiary Education Superannuation Scheme – Superannuation Award 1988 [AP799601] continued to apply.

21.3 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 21.2.

(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 21.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.

21.4 Superannuation fund

(a) Unisuper; 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.

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

21.5 Absence from work

Part 5—Overtime and Penalty Rates

22. Overtime

22.1 An employee will be paid overtime for all authorised work performed outside of, or in excess of, the ordinary or rostered hours as follows:

For overtime worked on

Overtime rate
% of minimum hourly rate

Monday to Saturday—first 2 hours (first 3 hours for PACCT staff)

150

Monday to Saturday—after 2 hours (after 3 hours for PACCT staff)

200

Sunday

200

Public holidays

250

22.2 Employee recalled to duty

22.3 Minimum break following overtime

(a) An employee who has worked overtime will be given a minimum break of ten hours between the end of one period of duty and the beginning of the next.

(b) An employee required by an employer to resume or continue to work without having a ten hour break off duty is entitled to:

22.4 Time off instead of paid overtime

(a) A HEW 6 or below will be eligible to receive paid overtime in accordance with clause 22.1 or time off instead of payment for overtime in accordance with clause 22.5.

(b) A HEW 7 or HEW 8 will not be eligible for paid overtime but may take time off instead of paid overtime, at a mutually agreed time, calculated in accordance with the relevant overtime rate.

(c) A HEW 9 or above will not, except as provided in clause 22.4, be entitled to paid overtime or time off instead of paid overtime. By agreement with the employer, the employee will be provided with time off instead of paid overtime at the rate of one hour for each hour of overtime worked when the employee is specifically required to work additional hours and it would be unreasonable for time off instead of paid overtime not to be provided.

22.5 Time off instead of paid overtime—HEW 6 or below

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

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

(c) Time off must be taken:

(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 22.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 22.5(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

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

(g) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.5 will apply, including the requirement for separate written agreements under clause 22.5(b) for overtime that has been worked.

(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 22.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

22.6 Rates not cumulative

23. Penalty rates

23.1 Definitions

(a) Day shift commences at or after 6.00 am and finishes at or before 6.00 pm.

(b) Afternoon shift finishes after 6.00 pm and at or before midnight.

(c) Night shift finishes after midnight and at or before 8.00 am.

23.2 An employee will be paid the following penalty rates for all ordinary hours worked by the employee during the following periods:

Shift

Penalty rate
% of minimum hourly rate

Afternoon and rotating night

115

Non-rotating night

130

Saturday

150

Sunday

200

23.3 Rates not cumulative

Part 6—Leave and Public Holidays

24. Annual leave

24.1 Annual leave is provided for in the NES, subject to the provisions of clause 24.

24.2 For the purposes of the NES an employee entitled to 5 weeks’ annual leave means a 7 day shiftworker.

24.3 Annual leave loading

(a) Annual leave loading will be paid at a rate of 17.5% of the ordinary rate of pay paid during the leave period, up to the limit of payment equal to the Australian Bureau of Statistics’ weekly earnings for all males (Australia) for the preceding May quarter.

(b) Shiftworkers on annual leave will be paid the greater of:

24.4 Close down

(c) Clause 24.4(b) does not confer any right to stand down any employee employed with the same employer before 1 January 2010 who was not subject to a stand down provision in an award before 1 January 2010.

24.5 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 24.5 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 24.5, 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.

24.6 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.6.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.6.

(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 24.6 must state:

(e) An agreement under clause 24.6 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 24.6 as an employee record.

24.7 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 24.2).

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

(c) Clause 24.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 24.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

24.8 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 24.7(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 24.8(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 24.8(a) that is in effect.

(d) An employee to whom a direction has been given under clause 24.8(a) may request to take a period of paid annual leave as if the direction had not been given.

24.9 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 24.7(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 24.9(a) if:

(c) A notice given by an employee under clause 24.9(a) must not:

(d) An employee is not entitled to request by a notice under clause 24.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 24.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 24.9(a).

24.10 Payment of annual leave on termination

25. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES, save that the entitlement will be 3 days of compassionate leave for each permissible occasion.

26. Parental leave and related entitlements

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

26.2 The NES is supplemented by maintaining an entitlement to payment, in relation to maternity leave, adoption leave or paternity leave for employees in the classifications under this award of employers who were entitled to payment for maternity leave, paternity leave or adoption leave in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

(a) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and

(b) that would have entitled the employee to paid maternity leave, paternity leave or adoption leave.

27. Community service leave

Community service leave is provided for in the NES.

28. 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.

29. Public holidays

29.1 The entitlement to public holidays is set out in the NES.

29.2 Substitution of public holidays where employer holidays provided

(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.

29.3 Part-day public holidays

Part 7—Consultation and Dispute Resolution

30. Consultation about major workplace change

30.1 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.

30.2 For the purposes of the discussion under clause 30.1(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.

30.3 Clause 30.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

30.4 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 30.1(b).

30.5 In clause 30 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.

30.6 Where this award makes provision for alteration of any of the matters defined at clause 30.5, such alteration is taken not to have significant effect.

31. Consultation about changes to rosters or hours of work

31.1 Clause 31 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.

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

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

(a) provide to the employees and representatives mentioned in clause 31.2 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.

31.4 The employer must consider any views given under clause 31.3(b).

31.5 Clause 31 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

32. Dispute resolution

32.1 Clause 32 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

32.2 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.

32.3 If the dispute is not resolved through discussion as mentioned in clause 32.2, 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.

32.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 32.2 and 32.3, a party to the dispute may refer it to the Fair Work Commission.

32.5 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.

32.6 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.

32.7 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 32.

32.8 While procedures are being followed under clause 32 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.

32.9 Clause 32.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

33. Termination of employment

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

33.1 Notice of termination by an employee

(a) Clause 33.1 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 33.1(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 33.1(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 33.1(b), then no deduction can be made under clause 33.1(d).

(f) Any deduction made under clause 33.1(d) must not be unreasonable in the circumstances.

33.2 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 33.2 is to be taken at times that are convenient to the employee after consultation with the employer.

34. Redundancy

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

34.1 Transfer to lower paid duties on redundancy

(a) Clause 34.1 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 34.1(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.

34.2 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 34 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.

34.3 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 34.3(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 34.3(b).

(d) An employee who fails to produce proof when required under clause 34.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 33.2.

Schedule A—Classification Definitions
A.1 Definitions
A.1.1 Definition 1: Supervision

A.1.2 Definition 2: Qualifications

A.1.3 Definition 3: Classification dimensions

A.2 Classifications
A.2.1 Higher Education Worker Level 1 (HEW 1)

A.2.2 Higher Education Worker Level 2 (HEW 2)

A.2.3 Higher Education Worker Level 3 (HEW 3)

A.2.4 Higher Education Worker Level 4 (HEW 4)

A.2.5 Higher Education Worker Level 5 (HEW 5)

A.2.6 Higher Education Worker Level 6 (HEW 6)

A.2.7 Higher Education Worker Level 7 (HEW 7)

A.2.8 Higher Education Worker Level 8 (HEW 8)

A.2.9 Higher Education Worker Level 9 (HEW 9)

A.2.10 Higher Education Worker Level 10 (HEW 10)

Schedule B—Summary of Hourly Rates of Pay
B.1 Adult full-time and part-time employees
B.1.1 Adult full-time and part-time employees other than PACCT staff—ordinary, shiftwork and penalty rates

 

Ordinary hours

Saturday

Sunday

Afternoon & night

Non-rotating night

 

% of minimum hourly rate

 

100%

150%

200%

115%

130%

 

$

$

$

$

$

HEW 1

         

HEW Level 1.1

20.95

31.43

41.90

24.09

27.24

HEW Level 1.2

21.27

31.91

42.54

24.46

27.65

HEW Level 1.3

21.60

32.40

43.20

24.84

28.08

HEW 2

         

HEW Level 2.1

22.00

33.00

44.00

25.30

28.60

HEW Level 2.2

22.33

33.50

44.66

25.68

29.03

HEW 3

         

HEW Level 3.1

22.79

34.19

45.58

26.21

29.63

HEW Level 3.2

23.19

34.79

46.38

26.67

30.15

HEW Level 3.3

23.58

35.37

47.16

27.12

30.65

HEW Level 3.4

23.97

35.96

47.94

27.57

31.16

HEW Level 3.5

24.30

36.45

48.60

27.95

31.59

HEW 4

         

HEW Level 4.1

24.83

37.25

49.66

28.55

32.28

HEW Level 4.2

25.29

37.94

50.58

29.08

32.88

HEW Level 4.3

25.75

38.63

51.50

29.61

33.48

HEW 5

         

HEW Level 5.1

26.10

39.15

52.20

30.02

33.93

HEW Level 5.2

26.64

39.96

53.28

30.64

34.63

HEW Level 5.3

27.00

40.50

54.00

31.05

35.10

HEW Level 5.4

27.53

41.30

55.06

31.66

35.79

HEW Level 5.5

28.07

42.11

56.14

32.28

36.49

HEW 6

         

HEW Level 6.1

28.74

43.11

57.48

33.05

37.36

HEW Level 6.2

29.28

43.92

58.56

33.67

38.06

HEW Level 6.3

29.76

44.64

59.52

34.22

38.69

HEW Level 6.4

30.29

45.44

60.58

34.83

39.38

HEW 7

         

HEW Level 7.1

30.91

46.37

61.82

35.55

40.18

HEW Level 7.2

31.57

47.36

63.14

36.31

41.04

HEW Level 7.3

32.22

48.33

64.44

37.05

41.89

HEW Level 7.4

32.88

49.32

65.76

37.81

42.74

HEW 8

         

HEW Level 8.1

33.67

50.51

67.34

38.72

43.77

HEW Level 8.2

34.72

52.08

69.44

39.93

45.14

HEW Level 8.3

35.78

53.67

71.56

41.15

46.51

HEW Level 8.4

36.83

55.25

73.66

42.35

47.88

HEW 9

         

HEW Level 9.1

37.95

56.93

75.90

43.64

49.34

HEW Level 9.2

39.00

58.50

78.00

44.85

50.70

HEW Level 9.3

40.05

60.08

80.10

46.06

52.07

HEW 10

         

HEW Level 10.1

40.12

60.18

80.24

46.14

52.16

B.1.2 Adult full-time and part-time employees other than PACCT staff—overtime rates

 

Monday to Saturday

Sunday

Public holiday

 

First 2 hours

After 2 hours

 

% of minimum hourly rate

 

150%

200%

200%

250%

 

$

$

$

$

HEW 1

       

HEW Level 1.1

31.43

41.90

41.90

52.38

HEW Level 1.2

31.91

42.54

42.54

53.18

HEW Level 1.3

32.40

43.20

43.20

54.00

HEW 2

       

HEW Level 2.1

33.00

44.00

44.00

55.00

HEW Level 2.2

33.50

44.66

44.66

55.83

HEW 3

       

HEW Level 3.1

34.19

45.58

45.58

56.98

HEW Level 3.2

34.79

46.38

46.38

57.98

HEW Level 3.3

35.37

47.16

47.16

58.95

HEW Level 3.4

35.96

47.94

47.94

59.93

HEW Level 3.5

36.45

48.60

48.60

60.75

HEW 4

       

HEW Level 4.1

37.25

49.66

49.66

62.08

HEW Level 4.2

37.94

50.58

50.58

63.23

HEW Level 4.3

38.63

51.50

51.50

64.38

HEW 5

       

HEW Level 5.1

39.15

52.20

52.20

65.25

HEW Level 5.2

39.96

53.28

53.28

66.60

HEW Level 5.3

40.50

54.00

54.00

67.50

HEW Level 5.4

41.30

55.06

55.06

68.83

HEW Level 5.5

42.11

56.14

56.14

70.18

HEW 6

       

HEW Level 6.1

43.11

57.48

57.48

71.85

HEW Level 6.2

43.92

58.56

58.56

73.20

HEW Level 6.3

44.64

59.52

59.52

74.40

HEW Level 6.4

45.44

60.58

60.58

75.73

HEW 71

       

HEW Level 7.1

HEW Level 7.2

HEW Level 7.3

HEW Level 7.4

HEW 81

       

HEW Level 8.1

HEW Level 8.2

HEW Level 8.3

HEW Level 8.4

HEW 91

       

HEW Level 9.1

HEW Level 9.2

HEW Level 9.3

HEW 101

       

HEW Level 10.1

1 Overtime rates not payable to HEW 7, 8 or 9 and above in accordance with clauses 22.4(b) and 22.4(c).

B.1.3 Adult full-time and part-time PACCT staff—ordinary, shiftwork and penalty rates

 

Ordinary hours

Saturday

Sunday

Afternoon & night

Non-rotating night

 

% of minimum hourly rate

 

100%

150%

200%

115%

130%

 

$

$

$

$

$

HEW 1

         

HEW Level 1.1

21.66

32.49

43.32

24.91

28.16

HEW Level 1.2

22.00

33.00

44.00

25.30

28.60

HEW Level 1.3

22.34

33.51

44.68

25.69

29.04

HEW 2

         

HEW Level 2.1

22.75

34.13

45.50

26.16

29.58

HEW Level 2.2

23.09

34.64

46.18

26.55

30.02

HEW 3

         

HEW Level 3.1

23.57

35.36

47.14

27.11

30.64

HEW Level 3.2

23.97

35.96

47.94

27.57

31.16

HEW Level 3.3

24.38

36.57

48.76

28.04

31.69

HEW Level 3.4

24.79

37.19

49.58

28.51

32.23

HEW Level 3.5

25.13

37.70

50.26

28.90

32.67

HEW 4

         

HEW Level 4.1

25.67

38.51

51.34

29.52

33.37

HEW Level 4.2

26.15

39.23

52.30

30.07

34.00

HEW Level 4.3

26.62

39.93

53.24

30.61

34.61

HEW 5

         

HEW Level 5.1

26.99

40.49

53.98

31.04

35.09

HEW Level 5.2

27.55

41.33

55.10

31.68

35.82

HEW Level 5.3

27.91

41.87

55.82

32.10

36.28

HEW Level 5.4

28.47

42.71

56.94

32.74

37.01

HEW Level 5.5

29.03

43.55

58.06

33.38

37.74

HEW 6

         

HEW Level 6.1

29.72

44.58

59.44

34.18

38.64

HEW Level 6.2

30.28

45.42

60.56

34.82

39.36

HEW Level 6.3

30.77

46.16

61.54

35.39

40.00

HEW Level 6.4

31.32

46.98

62.64

36.02

40.72

HEW 7

         

HEW Level 7.1

31.96

47.94

63.92

36.75

41.55

HEW Level 7.2

32.64

48.96

65.28

37.54

42.43

HEW Level 7.3

33.32

49.98

66.64

38.32

43.32

HEW Level 7.4

34.00

51.00

68.00

39.10

44.20

HEW 8

         

HEW Level 8.1

34.82

52.23

69.64

40.04

45.27

HEW Level 8.2

35.91

53.87

71.82

41.30

46.68

HEW Level 8.3

36.99

55.49

73.98

42.54

48.09

HEW Level 8.4

38.08

57.12

76.16

43.79

49.50

HEW 9

         

HEW Level 9.1

39.24

58.86

78.48

45.13

51.01

HEW Level 9.2

40.33

60.50

80.66

46.38

52.43

HEW Level 9.3

41.41

62.12

82.82

47.62

53.83

HEW 10

         

HEW Level 10.1

41.48

62.22

82.96

47.70

53.92

B.1.4 Adult full-time and part-time PACCT staff—overtime rates

 

Monday to Saturday

Sunday

Public holiday

 

First 3 hours

After 3 hours

 

% of minimum hourly rate

 

150%

200%

200%

250%

 

$

$

$

$

HEW 1

       

HEW Level 1.1

32.49

43.32

43.32

54.15

HEW Level 1.2

33.00

44.00

44.00

55.00

HEW Level 1.3

33.51

44.68

44.68

55.85

HEW 2

       

HEW Level 2.1

34.13

45.50

45.50

56.88

HEW Level 2.2

34.64

46.18

46.18

57.73

HEW 3

       

HEW Level 3.1

35.36

47.14

47.14

58.93

HEW Level 3.2

35.96

47.94

47.94

59.93

HEW Level 3.3

36.57

48.76

48.76

60.95

HEW Level 3.4

37.19

49.58

49.58

61.98

HEW Level 3.5

37.70

50.26

50.26

62.83

HEW 4

       

HEW Level 4.1

38.51

51.34

51.34

64.18

HEW Level 4.2

39.23

52.30

52.30

65.38

HEW Level 4.3

39.93

53.24

53.24

66.55

HEW 5

       

HEW Level 5.1

40.49

53.98

53.98

67.48

HEW Level 5.2

41.33

55.10

55.10

68.88

HEW Level 5.3

41.87

55.82

55.82

69.78

HEW Level 5.4

42.71

56.94

56.94

71.18

HEW Level 5.5

43.55

58.06

58.06

72.58

HEW 6

       

HEW Level 6.1

44.58

59.44

59.44

74.30

HEW Level 6.2

45.42

60.56

60.56

75.70

HEW Level 6.3

46.16

61.54

61.54

76.93

HEW Level 6.4

46.98

62.64

62.64

78.30

HEW 71

       

HEW Level 7.1

HEW Level 7.2

HEW Level 7.3

HEW Level 7.4

HEW 81

       

HEW Level 8.1

HEW Level 8.2

HEW Level 8.3

HEW Level 8.4

HEW 91

       

HEW Level 9.1

HEW Level 9.2

HEW Level 9.3

HEW 101

       

HEW Level 10.1

1 Overtime rates not payable to HEW 7, 8 or 9 and above in accordance with clauses 22.4(b) and 22.4(c).

B.2 Adult casual employees
B.2.1 Adult casual employees other than PACCT staff—ordinary, shiftwork and penalty rates

 

Ordinary hours

Saturday

Sunday

Afternoon & night

Non-rotating night

 

% of minimum hourly rate

 

125%

175%

225%

140%

155%

 

$

$

$

$

$

HEW 1

         

HEW Level 1.1

26.19

36.66

47.14

29.33

32.47

HEW Level 1.2

26.59

37.22

47.86

29.78

32.97

HEW Level 1.3

27.00

37.80

48.60

30.24

33.48

HEW 2

         

HEW Level 2.1

27.50

38.50

49.50

30.80

34.10

HEW Level 2.2

27.91

39.08

50.24

31.26

34.61

HEW 3

         

HEW Level 3.1

28.49

39.88

51.28

31.91

35.32

HEW Level 3.2

28.99

40.58

52.18

32.47

35.94

HEW Level 3.3

29.48

41.27

53.06

33.01

36.55

HEW Level 3.4

29.96

41.95

53.93

33.56

37.15

HEW Level 3.5

30.38

42.53

54.68

34.02

37.67

HEW 4

         

HEW Level 4.1

31.04

43.45

55.87

34.76

38.49

HEW Level 4.2

31.61

44.26

56.90

35.41

39.20

HEW Level 4.3

32.19

45.06

57.94

36.05

39.91

HEW 5

         

HEW Level 5.1

32.63

45.68

58.73

36.54

40.46

HEW Level 5.2

33.30

46.62

59.94

37.30

41.29

HEW Level 5.3

33.75

47.25

60.75

37.80

41.85

HEW Level 5.4

34.41

48.18

61.94

38.54

42.67

HEW Level 5.5

35.09

49.12

63.16

39.30

43.51

HEW 6

         

HEW Level 6.1

35.93

50.30

64.67

40.24

44.55

HEW Level 6.2

36.60

51.24

65.88

40.99

45.38

HEW Level 6.3

37.20

52.08

66.96

41.66

46.13

HEW Level 6.4

37.86

53.01

68.15

42.41

46.95

HEW 7

         

HEW Level 7.1

38.64

54.09

69.55

43.27

47.91

HEW Level 7.2

39.46

55.25

71.03

44.20

48.93

HEW Level 7.3

40.28

56.39

72.50

45.11

49.94

HEW Level 7.4

41.10

57.54

73.98

46.03

50.96

HEW 8

         

HEW Level 8.1

42.09

58.92

75.76

47.14

52.19

HEW Level 8.2

43.40

60.76

78.12

48.61

53.82

HEW Level 8.3

44.73

62.62

80.51

50.09

55.46

HEW Level 8.4

46.04

64.45

82.87

51.56

57.09

HEW 9

         

HEW Level 9.1

47.44

66.41

85.39

53.13

58.82

HEW Level 9.2

48.75

68.25

87.75

54.60

60.45

HEW Level 9.3

50.06

70.09

90.11

56.07

62.08

HEW 10

         

HEW Level 10.1

50.15

70.21

90.27

56.17

62.19

B.2.2 Adult casual PACCT staff—ordinary, shiftwork and penalty rates

 

Ordinary hours

Saturday

Sunday

Afternoon & night

Non-rotating night

 

% of minimum hourly rate

 

125%

175%

225%

140%

155%

 

$

$

$

$

$

HEW 1

         

HEW Level 1.1

27.08

37.91

48.74

30.32

33.57

HEW Level 1.2

27.50

38.50

49.50

30.80

34.10

HEW Level 1.3

27.93

39.10

50.27

31.28

34.63

HEW 2

         

HEW Level 2.1

28.44

39.81

51.19

31.85

35.26

HEW Level 2.2

28.86

40.41

51.95

32.33

35.79

HEW 3

         

HEW Level 3.1

29.46

41.25

53.03

33.00

36.53

HEW Level 3.2

29.96

41.95

53.93

33.56

37.15

HEW Level 3.3

30.48

42.67

54.86

34.13

37.79

HEW Level 3.4

30.99

43.38

55.78

34.71

38.42

HEW Level 3.5

31.41

43.98

56.54

35.18

38.95

HEW 4

         

HEW Level 4.1

32.09

44.92

57.76

35.94

39.79

HEW Level 4.2

32.69

45.76

58.84

36.61

40.53

HEW Level 4.3

33.28

46.59

59.90

37.27

41.26

HEW 5

         

HEW Level 5.1

33.74

47.23

60.73

37.79

41.83

HEW Level 5.2

34.44

48.21

61.99

38.57

42.70

HEW Level 5.3

34.89

48.84

62.80

39.07

43.26

HEW Level 5.4

35.59

49.82

64.06

39.86

44.13

HEW Level 5.5

36.29

50.80

65.32

40.64

45.00

HEW 6

         

HEW Level 6.1

37.15

52.01

66.87

41.61

46.07

HEW Level 6.2

37.85

52.99

68.13

42.39

46.93

HEW Level 6.3

38.46

53.85

69.23

43.08

47.69

HEW Level 6.4

39.15

54.81

70.47

43.85

48.55

HEW 7

         

HEW Level 7.1

39.95

55.93

71.91

44.74

49.54

HEW Level 7.2

40.80

57.12

73.44

45.70

50.59

HEW Level 7.3

41.65

58.31

74.97

46.65

51.65

HEW Level 7.4

42.50

59.50

76.50

47.60

52.70

HEW 8

         

HEW Level 8.1

43.53

60.94

78.35

48.75

53.97

HEW Level 8.2

44.89

62.84

80.80

50.27

55.66

HEW Level 8.3

46.24

64.73

83.23

51.79

57.33

HEW Level 8.4

47.60

66.64

85.68

53.31

59.02

HEW 9

         

HEW Level 9.1

49.05

68.67

88.29

54.94

60.82

HEW Level 9.2

50.41

70.58

90.74

56.46

62.51

HEW Level 9.3

51.76

72.47

93.17

57.97

64.19

HEW 10

         

HEW Level 10.1

51.85

72.59

93.33

58.07

64.29

   

Schedule C—Summary of Monetary Allowances

Employers must pay to an employee the allowances the employee is entitled to under Schedule C—Summary of Monetary Allowances.

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 weekly rate derived from the annual rate for a HEW 3.1 in clause 17.1 = $45,034.65 divided by 52 = $866.05.
C.1.2 The following wage-related allowances will be payable to employees, subject to the terms in the table:

Allowance

Application

% of standard rate

$

Payable

Sleepover allowance

- (permanently residing on campus) is required to sleep-over at the employer’s premises for a period outside the employee’s ordinary hours of duty
- Sleep-over period will not commence prior to 10.00 pm
In addition to this allowance, an employee will be paid as follows:
- for work less than one hour—nil
- for work more than one hour—in accordance with overtime provisions

5.31

45.99

per occurrence

C.1.3 Additional wage-related allowances—payable to specified trades and service staff only

Allowance

Staff category

Application

% of standard rate

$

Payable

Broken shift—per day

Catering and retail staff; and security staff

When an employee is required to work a shift in 2 periods of duty

0.28

2.42

per day

Broken shift—maximum per week

Catering and retail staff; and security staff

When an employee is required to work a shift in 2 periods of duty

1.38

11.95

per week

First aid

Building services staff; security staff; storage services; and trades staff

Where an employee is the current holder of appropriate first aid qualifications (St John Ambulance) and the employer has formally appointed the employee to act as the first aid attendant

1.45

12.56

per week

Cold work

Building services staff; maintenance staff (inclusive only of carpenters, joiners and painters); and trades staff

- Where employees are required to work one or more hours in places where the temperature is reduced by artificial means below 0oC
- Where the work continues for 2 or more hours employees will be entitled to a rest period of 20 minutes every 2 hours (without loss of pay)

0.06

0.52

per hour

Hot work—46oC to 54C

Building services staff; maintenance staff (inclusive only of carpenters, joiners and painters); and trades staff (excluding plumbers)

- Where employees are required to work for one or more hours in places where the temperature is raised by artificial means to between 46oC and 54oC

0.05

0.43

per hour

Hot work—54C and over

 

- In places where the temperature exceeds 54oC
- Where the work continues for 2 or more hours in temperatures exceeding 54oC employees will be entitled to a rest period of 20 minutes every 2 hours (without loss of pay)

0.06

0.52

per hour

Wet work

Maintenance staff (inclusive only of carpenters or joiners); and trades staff (excluding plumbers)

Where employees are working in any place where their clothing becomes saturated by water, oil or another substance they must be paid the allowance for every hour so engaged unless supplied with protective clothing and/or footwear

0.06

0.52

per hour

Height

Maintenance staff (inclusive only of carpenters, joiners and painters); and trades staff (excluding linespersons, riggers and splicers)

- Where an employee is working in any structure at a height exceeding 9 m where an adequate fixed support (not less than 0.75 m wide) is not provided
- Allowance does not apply if the employee is working in a bosun’s swing stage

0.06

0.52

per hour

Confined spaces

Trades staff (excluding plumbers)

- Where working in a confined space (dimensions necessitate working in stooped/cramped position, without proper ventilation)
- Confined spaces include boilers steam drums, mud drums, fire boxes of vertical or road vehicle boilers, furnaces, flues combustion chambers, receivers, buoys, tanks, superheaters or economizers

0.07

0.61

per hour

Boiler repairs—base

Trades staff (excluding plumbers and electricians)

- Where working on repairs to smoke-boxes, fire-boxes, furnaces or flues of boilers
- Where engaged on repairs to oil fired boilers (including castings, uptakes and funnels or flues and smoke stacks)

0.04

0.35

per hour

Boiler repairs—if inside

 

- Where working on repairs to smoke-boxes, fire-boxes, furnaces or flues of boilers
- Where engaged on repairs to oil fired boilers (including castings, uptakes and funnels or flues and smoke stacks)

0.15

1.30

per hour

Insulation materials

Maintenance staff (inclusive only of carpenters or joiners); and trades staff

Where employees are handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool, or other recognized insulating material of a like nature, associated with similar disabilities in its use

0.08

0.69

per hour or part thereof

Toxic substances

Maintenance staff (inclusive only of carpenters, joiners and painters)

- Employees engaged in preparation and/or application of epoxy based materials, materials of a like nature or toxic materials
- Employees in close proximity to other employees so engaged

0.06

0.52

per hour

Dirty work

Maintenance staff (inclusive only of carpenters, joiners and painters); and trades staff (excluding plumbers)

Where an employee and supervisor agree that work is of an unusually dirty or offensive nature

0.06

0.52

per hour

Asbestos

Maintenance staff (inclusive only of carpenters or joiners)

Where required to wear protective equipment as required by the appropriate occupational health authority for the handling of materials containing asbestos or working in close proximity to employees handling such materials

0.08

0.69

per hour

Bitumen work

Maintenance staff (inclusive only of carpenters or joiners)

Where handling hot bitumen or asphalt or dipping materials in creosote

0.08

0.69

per hour

Coloured mortar

Maintenance staff (inclusive only of carpenters or joiners)

Where engaged in the use of coloured additives in mortar

0.07

0.61

per hour

Second-hand timber

Maintenance staff (inclusive only of carpenters or joiners)

- Where working with second-hand timber and the employee’s tools are damaged by nail, dumps or other foreign matter on the timber
- Damage must be immediately reported to their supervisor

0.24

2.08

per day

Lifting—5.5–9kg blocks

Maintenance staff (inclusive only of builders labourers)

- Where required to lift blocks (other than cindrete blocks for plugging purposes)
- Employees will not be required to lift blocks in excess of 20kg unless they are provided with a mechanical aid or with an assisting employee

0.06

0.52

per hour

Lifting—9–18kg blocks

Maintenance staff (inclusive only of builders labourers)

- Where required to lift blocks (other than cindrete blocks for plugging purposes)
- Employees will not be required to lift blocks in excess of 20kg unless they are provided with a mechanical aid or with an assisting employee

0.11

0.95

per hour

Lifting— more than 18kg blocks

Maintenance staff (inclusive only of builders labourers)

- Where required to lift blocks (other than cindrete blocks for plugging purposes)
- Employees will not be required to lift blocks in excess of 20kg unless they are provided with a mechanical aid or with an assisting employee

0.16

1.39

per hour

Roofing repairs

Maintenance staff (inclusive only of carpenters or joiners)

Where engaged in repairs to roofs

0.08

0.69

per hour

Computing quantities

Maintenance staff (inclusive only of carpenters, joiners and painters)

Where regularly required to compute or estimate quantities of materials in respect of the work performed by other employees

0.45

3.90

per day or part thereof

Certificate

Maintenance staff (inclusive only of painters)

Where the employee holds a scaffolding certificate or rigging certificate and is required to act on that certificate whilst engaged in work requiring a certified person

0.06

0.52

per hour

Leading hand—3–10 employees

Trades staff

Where the leading hand is in charge of 3–10 employees

3.04

26.33

per week

Leading hand—11–20 employees

Trades staff

Where the leading hand is in charge of 11–20 employees

4.80

41.57

per week

Leading hand— more than 20 employees

Trades staff

Where the leading hand is in charge of more than 20 employees

6.10

52.83

per week

Explosive power tools

Maintenance staff (inclusive only of carpenters or joiners); and trades staff

Where required to operate explosive power tools

0.15

1.30

per day

Grindstone

Maintenance staff (inclusive only of carpenters or joiners)

Where grindstone or wheel is not made available by the employer

0.64

5.54

per week

Relieving officer

Security staff

Where appointed as a relieving officer (relieves at short notice another security officer, a display roster is not required and 24 hours’ notice of shift will be given where possible)

2.94

25.46

per week

C.1.4 Adjustment of wage-related allowances

C.2 Expense-related allowances
C.2.1 The following expense-related allowances will be payable to employees, subject to the terms in the table:

Allowance

Application

$

Payable

Overtime meal allowance

- Weekdays: when the employee has worked approved overtime beyond the ordinary hours of work for more than 2 hours
- Saturday and Sunday: when the employee has worked approved overtime for more than 5 hours
- Will not be paid if the employee can reasonably return home for a meal and then resume duty or a meal is provided by the employer

16.61

per occurrence

Accommodation, meals and incidental expenditure when travelling

Where the employee is absent overnight on employer business. Employer business includes attending a course or conference on a residential live-in basis in respect of which the employer has agreed to meet the accommodation living expenses

 

Reimbursement of reasonable expenses or a reasonable allowance to cover the cost of meals, accommodation, and incidental expenditure

Reimbursement of fares

Where required to travel on employer business unless otherwise authorised, must travel on public transport or employer supplied vehicle

 

Reimbursed of the reasonable cost of travel upon production of receipts

Overtime

- Where required to work overtime at a time when usual means of transport are not available
- Not eligible for paid overtime
- If directed to work other than his/her reasonable hours of duty and is not eligible to receive payment for overtime

 

Reimbursement of difference between the normal cost of travel and the cost actually incurred through the use of a reasonable alternative means of transport. Not eligible for paid overtime reimbursed for all reasonable travel expenses necessarily incurred

Vehicle

Where an employee is authorised to use his/her own motor vehicle in the performance of his/her duties

 

Allowance in accordance with the Australian Taxation Office guidelines as at 1 July each year

Uniform/protective clothing

- Where items are required by the employer in the performance of the employee’s duties
- Allowance does not apply if the items are provided by the employer

 

Allowance equivalent to the purchase price of any uniforms, overalls or protective clothing

C.2.2 Additional expense-related allowances—payable to specified trades and service staff only

Allowance

Staff category

Application

$

Payable

Travel/ reimbursement of fares

Catering and retail staff; children’s services staff; storage services and trades staff

- Where required to work away from their usual place of work; or
- Where required to work overtime at a time when reasonable means of transport are not available

 

Ordinary rate of pay for travel time and any fares reasonably incurred in excess of those normally incurred

Compensation for damage to clothing and personal effects-up to a maximum of

Storage staff and trades staff

Will be compensated if damage to clothing, spectacles, hearing aids and tools (other than where supplied by the employer) sustained in the course of work (not payable if covered by workers compensation or if damage/loss is due to the employee’s own negligence)

350

 

Tools

Storage services; grounds/gardeners/farm staff; maintenance staff; and trades staff.

- Will be fully reimbursed for the cost of purchasing or supplying tools required by the employer in the course of work
- Allowance does not apply if the tools are provided by the employer

 

Reimbursed full cost of purchasing/ supplying tools

Compensation for tools-up to a maximum of

Maintenance staff (inclusive only of carpenters, joiners and painters)

- Where tools are lost through fire or stolen whilst securely stored by employer
- Carpenters and joiners are entitled to reimbursement where tools are lost during transport (if directed by employer), accidentally lost over water or are stolen whilst the employee is absent due to illness or injury

1059

 

C.2.3 Adjustment of expense-related allowances

   

Schedule D—List of employers bound by the Higher Education Contract of Employment Award 1998 [AP784204]

Institution at time of HECE Award

Current name or names

New consolidated list (alphabetical)

Australian Catholic University

Australian Catholic University

Australian Catholic University

Australian Maritime College

University of Tasmania

Australian National University

Australian National University

Australian National University

Charles Darwin University

Central Queensland University

Central University Queensland

Charles Sturt University

Charles Sturt University

Charles Sturt University

Central Queensland University

Curtin University of Technology

Curtin University of Technology

Curtin University of Technology

Deakin University

Deakin University

Deakin University

Edith Cowan University

Edith Cowan University

Edith Cowan University

Flinders University of South Australia

Flinders University of South Australia

Federation University of Australia

Griffith University

Griffith University

Flinders University of South Australia

James Cook University

James Cook University

Griffith University

La Trobe University

La Trobe University

James Cook University

Macquarie University

Macquarie University

La Trobe University

Monash University

Monash University

Macquarie University

Murdoch University

Murdoch University

Monash University

Northern Territory University

Charles Darwin University

Murdoch University

Queensland University of Technology

Queensland University of Technology

Queensland University of Technology

RMIT University

RMIT University

RMIT University

Southern Cross University

Southern Cross University

Southern Cross University

Swinburne University of Technology

Swinburne University of Technology

Swinburne University of Technology

University of Adelaide

University of Adelaide

University of Adelaide

University of Ballarat

Federation University of Australia

University of Canberra

University of Canberra

University of Canberra

University of Melbourne

University of Melbourne

University of Melbourne

University of New England

University of New South Wales

University of New South Wales

University of Newcastle

University of Newcastle

University of Newcastle

University of Newcastle

University of Newcastle

University of Newcastle

University of Queensland

University of Queensland

University of Queensland

University of South Australia

University of South Australia

University of South Australia

University of Southern Queensland

University of Southern Queensland

University of Southern Queensland

University of the Sunshine Coast

University of the Sunshine Coast

University of the Sunshine Coast

University of Sydney

University of Sydney

University of Sydney

University of Tasmania

University of Tasmania

University of Tasmania

University of Technology Sydney

University of Technology Sydney

University of Technology Sydney

University of Western Australia

University of Western Australia

University of Western Australia

Western Sydney University

University of Western Sydney

Western Sydney University

University of Wollongong

University of Wollongong

University of Wollongong

Victoria University

Victoria University

Victoria University

 

Victorian College of Arts

University of Melbourne

 

   

Schedule E—Apprentices
E.1 Definitions

E.2 Building trades apprentices
E.2.1 Minimum wage rates for building trades apprentices that commenced prior 1 January 2014

4 year apprenticeship

% of the standard rate

1st year

45

2nd year

55

3rd year

75

4th year

90

3 year apprenticeship

% of the standard rate

1st year

55

2nd year

75

3rd year

90

E.2.2 The rate of pay of a building trades adult apprentice, who commenced their apprenticeship prior to 1 January 2014, will be the rate prescribed for Higher Education Worker Level 1.1 or the percentages in clause E.2.1, whichever is higher.
E.2.3 Minimum wage rates for building trades apprentices that commenced on or after 1 January 2014

4 year apprenticeship

Has not completed Year 12

Has completed Year 12

 

% of HEW Level 3.1 rate

1st year

50

55

2nd year

60

65

3rd year

75

75

4th year

90

90

3 year apprenticeship

% of the HEW Level 3.1 rate

1st year

55

2nd year

75

3rd year

90

E.2.4 The rate of pay of a building trades adult apprentice, who commenced their apprenticeship on or after 1 January 2014, will be the rate prescribed for Higher Education Worker Level 1.1 or the percentages in clause E.2.3, whichever is higher.
E.3 Electrical trades apprentices
E.3.1 Minimum wage rates for electrical trades apprentices that commenced prior to 1 January 2014

Year

Junior apprentice
% of standard rate

Adult apprentice
% of standard rate

1

42

70

2

55

80

3

75

85

4

85

90

E.3.2 Minimum wage rates for electrical trades apprentices that commenced on or after 1 January 2014

Stage of apprenticeship

Junior apprentice

Adult apprentice

 

Has not completed Year 12

Has completed Year 12

 
 

% of HEW Level 3.1 rate

Stage 1

50

55

80

Stage 2

60

65

HEW Level 1.1

Stage 3

75

75

HEW Level 1.1

Stage 4

85

85

HEW Level 1.1

E.4 Metal and engineering trades apprentices
E.4.1 Minimum wage rates for metal and engineering trades apprentices that commenced prior to 1 January 2014

Stage of apprenticeship

Column 1

Column 2

Column 3

Column 4

 

Completed
Year 10 or less

Completed
Year 11

Completed
Year 12

Adult
(i.e. 21 years of age or over)

Stage 1

42% of the Higher Education Worker Level 3.1 rate

80% of the Higher Education Worker Level 1.2

The relevant rate applicable to a trainee commencing after Year 12 under National Training Wage Skill Level A.

National Training Wage Traineeship Skill Level B exit rate.

Stage 2

55% of the Higher Education Worker Level 3.1 rate

55% of the Higher Education Worker Level 3.1 rate

The relevant rate applicable to a trainee commencing at Year 12 plus one year under National Training Wage Skill Level A.

Higher Education Worker Level 1.1 rate

Stage 3

75% of the Higher Education Worker Level 3.1 rate

75% of the Higher Education Worker Level 3.1 rate

75% of the Higher Education Worker Level 3.1 rate

Higher Education Worker Level 1.2 rate

Stage 4

88% of the Higher Education Worker Level 3.1 rate

88% of the Higher Education Worker Level 3.1 rate

Higher Education Worker Level 1.3 rate

Higher Education Worker Level 1.3 rate

E.4.2 Minimum wage rates for metal and engineering trades apprentices that commenced on or after 1 January 2014

Stage of apprenticeship

Junior apprentice

Adult apprentice

 

Has not completed Year 12

Has completed Year 12

 
 

% of HEW Level 3.1 rate

Stage 1

50

55

80

Stage 2

60

65

HEW 1.1

Stage 3

75

75

HEW 1.2

Stage 4

88

HEW 1.3

HEW 1.3

E.5 Plumbing trades apprentices
E.5.1 Minimum wage rates for plumbing trades apprentices that commenced prior to 1 January 2014

Year

% of standard rate

1st

41

2nd

60

3rd

76

4th

98

E.5.2 Minimum wage rates for plumbing trades apprentices that commenced on or after 1 January 2014

Stage of apprenticeship

Has not completed Year 12

Has completed Year 12

 

% of HEW Level 3.1 rate

Stage 1

50

55

Stage 2

60

65

Stage 3

76

76

Stage 4

98

98

E.6 Hospitality trades apprentices
E.6.1 Cooking apprenticeship

E.6.2 Waiting apprenticeship

E.6.3 Proficiency payments—cooking trade

E.6.4 Proficiency payments—waiting trade

E.7 Apprentice conditions of employment
E.7.1 Except as provided in clause E.7 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.
E.7.2 Block release training

E.7.3 For the purposes of clause E.7.2(b), excess reasonable travel costs include:

E.7.4 Excess reasonable travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
E.7.5 Reduction of payment

E.7.6 Reimbursements of course fees and materials

An employer must reimburse an apprentice for the following costs paid by the apprentice:

E.7.7 An employer must make the reimbursements in clause E.7.6 at the later of:

E.7.8 Reimbursement under clause E.7.6 is not payable when there is unsatisfactory progress.
E.7.9 An employer may meet its obligations under clauses E.7.6 and E.7.7 by paying any fees and/or cost of textbooks directly to the RTO.
E.7.10 Attending training

E.7.11 Clause E.7.10(c) operates subject to the provisions of Schedule F—School-based Apprentices.
E.7.12 Except in an emergency, an apprentice must not be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

Schedule F—School-based Apprentices
F.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.
F.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.
F.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.
F.4 For the purposes of clause F.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.
F.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.
F.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.
F.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.
F.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.
F.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.
F.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.
F.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

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

G.3 Eligibility criteria
G.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.
G.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.
G.4 Supported wage rates
G.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 G.5)

Relevant minimum wage

%

%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

G.4.2 Provided that the minimum amount payable must be not less than $87 per week.
G.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
G.5 Assessment of capacity
G.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.
G.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.
G.6 Lodgement of SWS wage assessment agreement
G.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.
G.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.
G.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.

G.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.

G.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.

G.10 Trial period
G.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.
G.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.
G.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
G.10.4 Work trials should include induction or training as appropriate to the job being trialled.
G.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 G.5Assessment of capacity.

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 where this award otherwise contains provisions dealing with public holidays that supplement the NES.
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.

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.