MA000039  PR718399 [Note: a correction has been issued to this document]
FAIR WORK COMMISSION

DETERMINATION

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

4 yearly review of modern awards
(AM2019/17)

ROAD TRANSPORT (LONG DISTANCE OPERATIONS) AWARD 2010
[MA000039]

Road transport industry

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 30 APRIL 2020

4 yearly review of modern awards – Road Transport (Long Distance Operations) Award 2010 – modern award varied – correction.

A. The determination issued by the Full Bench on 14 February 2020 [PR716686] 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

Road Transport (Long Distance Operations) Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 5
4. Coverage 5
5. Individual flexibility arrangements 7
6. Requests for flexible working arrangements 8
7. Facilitative provisions 9
Part 2— Types of Employment and Classifications 10
8. Types of employment 10
9. Full-time employees 10
10. Part-time employees 10
11. Casual employees 11
12. Classifications 14
Part 3— Hours of Work 14
13. Ordinary hours of work and rostering 14
14. Unpaid meal breaks 17
15. Delays, breakdown or impassable highways 18
Part 4— Wages and Allowances 18
16. Minimum rates 18
17. Payment of wages 24
18. Allowances 25
19. Superannuation 28
Part 5— Leave and Public Holidays 29
20. Annual leave 29
21. Personal/carer’s leave and compassionate leave 34
22. Parental leave and related entitlements 34
23. Community service leave 34
24. Unpaid family and domestic violence leave 34
25. Public holidays 34
Part 6— Consultation and Dispute Resolution 36
26. Consultation about major workplace change 36
27. Consultation about changes to rosters or hours of work 37
28. Dispute resolution 37
Part 7— Termination of Employment and Redundancy 38
29. Termination of employment 38
30. Redundancy 39
Schedule A —Summary of Hourly Rates of Pay 41
Schedule B —Summary of Monetary Allowances 43
Schedule C —Supported Wage System 45
Schedule D —Agreement to Take Annual Leave in Advance 48
Schedule E —Agreement to Cash Out Annual Leave 49
Schedule F —Part-day Public Holidays 50
Schedule X —Additional Measures During the COVID-19 Pandemic 51

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Road Transport (Long Distance Operations) Award 2020.

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

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

2. Definitions

In this award, unless the contrary intention appears:

3. The National Employment Standards and this award

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

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

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

4. Coverage

4.1 This industry award covers employers throughout Australia in the private transport industry engaged in long distance operations and their employees in the classifications listed in clause 12Classifications to the exclusion of any other modern award.

4.2 In this award:

(a) private transport industry means the transportation by road of all materials whether in a raw or manufactured state, or of livestock, throughout Australia;

(b) long distance operation means any interstate operation, or any return journey where the distance travelled exceeds 500 kilometres and the operation involves a vehicle moving livestock or materials whether in a raw or manufactured state from a principal point of commencement to a principal point of destination. An area within a radius of 32 kilometres from the GPO of a capital city will be deemed to be the capital city;

(c) interstate operation means an operation involving a vehicle moving livestock or materials whether in a raw or manufactured state from a principal point of commencement in one State or Territory to a principal point of destination in another State or Territory. Provided that to be an interstate operation the distance involved must exceed 200 kilometres, for any single journey. An area within a radius of 32 kilometres from the GPO of a capital city will be deemed to be the capital city.

4.3 This award does not cover an employee while they are temporarily required by their employer to perform driving duties which are not on a long distance operation, provided the employee is covered by the Road Transport and Distribution Award 2020 while performing such duties.

4.4 This award covers any employer which supplies labour on an on-hire basis in the private transport industry engaged in long distance operations in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for trainees engaged in the private transport industry engaged in long distance operations and/or parts of that industry and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.1 are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award does not cover:

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

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

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

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

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:

13.5(b)

Rostered days off—cashing out

An individual

13.5(e)

Rostered days off— alteration of days off

An individual

16.6(b)

Loading or unloading

An individual

20.9

Annual leave in advance

An individual

20.10

Cashing out of annual leave

An individual

25.2

Substitution of certain public holidays by agreement at the enterprise

An individual

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 Employees will be engaged in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual.

8.2 At the time of engagement the employer will inform each employee of their terms of engagement.

9. Full-time employees

A full-time employee is an employee engaged by an employer for an average of 38 ordinary hours per week over 28 days.

10. Part-time employees

10.1 A part-time employee is an employee engaged by an employer for an average of less than 38 ordinary hours per week over 28 days.

10.2 Before commencing part-time employment, the employee and employer must agree upon:

(a) the days of the week on which the employee will be required by the employer to commence work on a long distance operation, and

(b) either the maximum number of ordinary hours of work per week, or the maximum weekly average number of ordinary hours of work calculated over a period of not more than 28 days, that the employee may perform.

10.3 The terms of any agreement made under clause 10.2 may be varied by genuine agreement of both the employer and employee.

10.4 The terms of any agreement made under clause 10.2, or any variation to it, must be recorded in writing and retained by the employer. A copy of any such record must be provided to the employee by the employer.

10.5 The maximum number of days per week that may be agreed upon under clauses 10.2 or 10.3 is 3.

10.6 An employer must not direct a part-time employee to work on days that are not agreed upon in accordance with clauses 10.2 or 10.3.

10.7 A part-time employee may agree to an employer request for them to work on days other than those agreed under clauses 10.2 or 10.3. A part-time employee must be paid an additional 15% on:

(a) the cents per kilometre (CPK) rates set out in clause 16.4;

(b) the hourly driving rates set out in clause 16.5; and

(c) any amount payable under clause 16.6;

10.8 A part-time employee who is paid by the cents per kilometre method of clause 16.4 must receive a minimum payment per day for 500 km. Where the employee is engaged according to the hourly driving rate method the minimum payment per day must be 8 hours’ pay.

10.9 A part-time employee’s ordinary hours of work will be 8 hours per day, unless the employer and employee agree in writing upon a greater number.

10.10 For the purpose of clause 10, a day will mean the 24 hour period from the time the employee commences work.

11. Casual employees

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

11.2 A casual employee while driving must be paid an additional 15% on the cents per kilometre (CPK) rates set out in clause 16.4 and the hourly driving rates set out in clause 16.5.

11.3 Where a casual employee is engaged in loading or unloading duties, the casual employee will be paid the relevant loading and unloading rate for their classification plus a loading of 25%.

11.4 Minimum payment and engagement

(a) A casual employee who is paid by the cents per kilometre method of clause 16.4 must receive a minimum payment per engagement for 500 km.

(b) Where the employee is engaged according to the hourly driving rate method the minimum engagement must be 8 hours.

11.5 Right to request casual conversion

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

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

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

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

(e) Any request under clause 11.5 must be in writing and provided to the employer.

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

(g) Reasonable grounds for refusal include that:

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

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

(j) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 28Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(k) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 11.5, the employer and employee must discuss and record in writing:

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

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

(n) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 11.5.

(o) Nothing in clause 11.5 obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.

(p) Nothing in clause 11.5 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(q) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of clause 11.5 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of clause 11.5 by 1 January 2019.

(r) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.5(q).

12. Classifications

Employees are to be classified in accordance with the following grades:

Grade

Description

1 and 2

NOTE: Grade levels in this award align with equivalent grade levels in the Road Transport and Distribution Award 2020. Grades 1 and 2 are not applicable to this award.

3

Driver of 2 axle rigid vehicle up to 13.9 tonnes GVM. Capacity up to 8 tonnes.

4

Driver of 3 axle rigid vehicle over 13.9 tonnes GVM. Capacity over 8 and up to 12 tonnes.

5

Driver of 4 axle rigid vehicle over 13.9 tonnes GVM.
Driver of rigid vehicle and heavy trailer combination with GCM of 22.4 tonnes or less.
Driver of articulated vehicle with GCM of 22.4 tonnes or less.
Capacity over 12 tonnes.

6

Driver of rigid vehicle and heavy trailer combination with GCM over 22.4 tonnes but not more than 42.5 tonnes.
Driver of articulated vehicle with GCM over 22.4 tonnes.
Driver of low loader (as defined) with GCM of 43 tonnes or less.
Capacity up to 24 tonnes.

7

Driver of rigid vehicle and heavy trailer combination with GCM over 42.5 tonnes but not more than 53.4 tonnes.
Driver of double articulated vehicle with GCM 53.4 tonnes or less (includes B-doubles).
Driver of low loader (as defined) with GCM over 43 tonnes.

8

Driver of rigid vehicle and trailer(s) or double articulated vehicle with GCM over 53.4 tonnes (includes B-doubles).
Multi-axle trailing equipment up to 70 tonnes capacity.

9

Driver of road train or triple articulated vehicle exceeding 94 tonnes GCM.

10

Multi-axle trailing equipment.

Part 3—Hours of Work

13. Ordinary hours of work and rostering

13.1 Ordinary hours and start times

(a) The ordinary hours of work will be an average of 38 hours per week averaged over a period of not more than 28 days.

(b) The scheduling of start times is at the discretion of the employer.

(c) A roster must be set up and displayed so that an employee, as far as it is practicable, will know the hours of duty they are required to perform.

13.2 Hours of work and fatigue management

(a) Where applicable, hours of work will be in accordance with fatigue management rules/regulations (as defined in clause 2Definitions).

(b) Where clause 13.2(a) is not applicable hours of work will be as follows:

13.3 Requirement to work reasonable additional hours

(a) An employer may require an employee to work reasonable additional hours at the rates of pay in this award.

(b) An employee may refuse hours of work which are unreasonable.

(c) In determining whether additional hours are reasonable or unreasonable the following must be taken into account:

13.4 Time must be computed from the time the employee is rostered or registers for duty, whichever is the later, and until the employee has been effectively released from duty.

13.5 Rostered days off (RDOs)

(a) Each full-time employee, in addition to days off elsewhere provided, is entitled to a rostered day off on the basis of one day for each month of employment (subject to suspension of the entitlement during any period of annual leave, personal/carer’s leave, compassionate leave, workers compensation and long service leave, as elsewhere provided).

(b) RDOs must be taken by employees in accordance with the roster, but may be accumulated and taken consecutively in order to meet the requirements of work. Alternatively, subject to mutual agreement in writing between the employer and an individual employee, any number of accrued rostered days off may be cashed out at the time the employee accesses annual leave. Any payment for a rostered day off will be at 20% of the applicable minimum weekly rate.

(c) In the event that RDOs are accumulated, employees are entitled to one RDO for each month of employment on and after 2 months’ employment provided that the maximum accumulation of RDOs will be 10 over a period of 10 months’ employment, exclusive of periods of leave as provided.

(d) Employees must be paid for RDOs at 20% of the applicable rate prescribed by clause 16.1.

(e) RDOs may be changed by agreement between the employer and the employee or, in the absence of agreement, by the giving of 48 hours’ notice of the change.

(f) Where an employer is required to service a particular industry, plant or section during closure due to annual close down, industrial action, compulsory closure as a result of a legislative direction, other circumstances beyond the control of the employer or in the event of machinery or plant breakdown, an employer may:

(g) An employee disadvantaged in terms of leisure time by a rostered day or days off normally falling on a Friday or a Monday being required to be taken on a Tuesday, Wednesday or Thursday must be rostered to take a Friday or a Monday off on the earliest practicable opportunity upon the normal roster being resumed.

13.6 Absence from duty

(a) Where an employee is absent from duty (other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, compassionate leave or jury service) the employer may deduct 20% of the employee’s average weekly rate for each day the employee is absent.

(b) An employee absent for part of a day will lose average pay for each hour absent by dividing the average weekly rate by 38.

(c) An employee absent from duty is not entitled to payment for rostered days off as provided in clause 13.5(e). Such employee must take the day or days off as rostered but must be paid, in respect of the week during which the rostered day off is taken, the wage as provided less an amount calculated according to the following formula:

No. of days absent during period
x 0.39 hours

x

Average fortnightly pay (76 hours)

(d) An absence of less than half a day will not be counted for the purposes of clause 13.6.

13.7 Call-back

14. Unpaid meal breaks

14.1 Employees will not be required to work for less than 3 hours or more than 5 1/2 hours without a meal break subject to clause 13Ordinary hours of work and rostering. An unpaid meal break must not be less than 30 minutes or more than one hour.

14.2 The provisions of clause 14 do not apply where meal breaks are taken in accordance with fatigue management rules/regulations (as defined in clause 2Definitions).

15. Delays, breakdown or impassable highways

An employee must be paid for all time up to a maximum of 8 hours in any period of 24 hours at the rate prescribed by clause 16.1 where a long distance operation is delayed because of breakdowns or impassable highways. Provided that the employee must take all reasonable steps to minimise the period of delay.

Part 4—Wages and Allowances

16. Minimum rates

16.1 Minimum weekly rates of pay

(a) The minimum weekly rates of pay for ordinary hours of work are as follows:

Grade

Minimum weekly rate
(full-time employee)

 

$

1

These grades are not used to classify employees covered by this Award

2

These grades are not used to classify employees covered by this Award

3

814.20

4

829.20

5

839.60

6

849.20

7

861.60

8

886.60

9

901.50

10

923.80

(b) The agreed minimum weekly rate of pay for ordinary hours of work performed by a part-time employee will be the minimum weekly rate of pay specified in clause 16.1(a) divided by 38 and multiplied by the number of ordinary hours per week that the employee is engaged to perform under clause 10.2.

16.2 Guaranteed minimum payment

(a) A full-time or part-time employee is entitled to a guaranteed minimum fortnightly payment which must be twice the minimum weekly rate of pay prescribed by clause 16.1 for the classification under which the employee is working. Provided that, to become entitled to this payment, the employee must be ready, willing and available to perform such duties covered by this award which the employer may from time to time require. The fortnightly payment must be calculated by reference to consecutive fortnightly periods.

(b) Any amount that a part-time employee earns under this award in relation to work undertaken in accordance with an employer request to work on days other than those agreed in accordance with clause 10.2, or varied in accordance with clause 10.3, will not be taken into consideration when calculating the guaranteed minimum fortnightly payment referred to in clause 16.2. Nor will such amounts form part of the agreed minimum weekly rate of pay for ordinary hours of work performed by a part-time employee. Such amounts will instead be a payment in respect of work performed outside of an employee’s ordinary hours.

(c) A casual employee is entitled to a guaranteed minimum payment per engagement as set out in clause 11.4.

(d) A full-time or part-time employee, having already earned the guaranteed fortnightly payment, and held on-call for any part of the second week, must be paid on an hourly basis for the period during which the employee remains on-call at the rate prescribed for the appropriate classification of this award, in addition to the guaranteed fortnightly payment.

(e) An employee travelling by sea or rail in company with a vehicle on a long distance operation must be paid 8 hours’ ordinary pay in any day. Provided that if any working period less than 8 hours otherwise covered by this award has been worked, the employee must be entitled to the balance of the difference paid between 8 hours’ and actual hours worked. The cost of transport must be borne by the employer.

16.3 Rates of pay

(a) An employer of an employee engaged in a long distance operation must nominate, at the commencement of the employee’s employment, whether the employee is to be paid pursuant to:

(b) Where no method has been nominated in accordance with clause 16.3(a), the cents per kilometre method will apply.

(c) The method of payment may be changed from one to the other upon the provision of 4 weeks’ notice to the employee in writing.

(d) The minimum driving rate must be either the cents per kilometre rate set out in clause 16.4 or the hourly rate set out in clause 16.5, depending upon which method is applicable under clauses 16.3(a) and 16.3(b).

(e) In addition to the appropriate minimum driving rate, a long distance driver must be paid:

16.4 Rates of pay—kilometre driving method

(a) An employee engaged in a long distance operation may be paid for the driving component of a particular journey by multiplying the number of kilometres travelled by the cents per kilometre rate for the relevant vehicle, subject to clause 16.4(b).

16.5 Rates of pay—hourly driving method

(a) An employee engaged in a long distance operation may be paid for the driving component of a particular journey by means of an hourly driving rate for the relevant grade of the vehicle. The hourly driving rate may only be applied as follows:

(b) The minimum hourly driving rate is calculated by dividing the minimum weekly rate prescribed by clause 16.1 by 40, and multiplying by 1.3 (industry disability allowance as defined in clause 18.2(a)) and 1.2 (overtime allowance as defined in clause 18.2(b)).

Grade

Minimum hourly driving rate

 

$

3

31.75

4

32.34

5

32.74

6

33.12

7

33.60

8

34.58

9

35.16

10

36.03

16.6 Loading or unloading

(a) Where an employee is engaged on loading or unloading duties, that employee must be paid for such duties at an hourly rate calculated by dividing the weekly award rate prescribed by clause 16.1 by 40 and multiplying by 1.3 (industry disability allowance), provided that a minimum payment of one hour loading and one hour unloading per trip must be made where loading and/or unloading duties are required.

(b) As an alternative to clause 16.6(a), where there is a written agreement between the employer and the employee a fixed allowance based on the hourly rate in clause 16.6(a) may be paid to cover loading and unloading duties, provided that such written agreement is attached to the time and wages record.

(c) A casual employee attending to the loading or unloading of the vehicles must be paid a loading of 25% in addition to the rates prescribed by clause 16.6.

16.7 Higher duties

16.8 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 Road Transport (Long Distance Operations) Award 2020 and not the Miscellaneous Award 2010.

16.9 Supported Wage System

16.10 Penalty rates

16.11 Overtime

17. 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.

17.1 All earnings, including overtime, must be paid in the employer’s time on a day to be fixed by the employer, but not later than Thursday of each week. Once fixed, the day must not be altered more than once in 3 months.

17.2 All earnings, including overtime, must be paid within 4 business days of the expiration of the week in which they accrue.

17.3 Notwithstanding anything contained in clause 17, the employer must pay to an employee who leaves or is dismissed all money due to the employee immediately.

17.4 The employer may pay an employee by electronic funds transfer to a bank account nominated by an employee.

17.5 An employee who is entitled to a rostered day off which falls on a pay day must be paid the wages due on the next ordinary working day following the rostered day off.

18. 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.

18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.

18.2 Wage-related allowances

18.3 Expense-related allowances

19. Superannuation

19.1 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, the superannuation fund nominated in the award covering the employee applies.

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

19.2 Employer contributions

19.3 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 19.2.

(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 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.

19.4 Superannuation fund

(a) TWUSUPER;

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

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

19.5 Absence from work

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

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

Part 5—Leave and Public Holidays

20. Annual leave

20.1 Annual leave is provided for in the NES.

20.2 Payment for period of annual leave

(a) Before the start of an employee’s annual leave, an employee must be paid wages calculated in accordance with clause 20.2(b), for the period of leave the employee takes.

(b) The wages referred to in clause 20.2(a) will be calculated to include the following:

(c) For the purposes of clause 20.2(b)(i) the applicable minimum rate prescribed by clause 16.1 must be that applicable to the classification which the employee would have worked in had they not taken the period of leave.

20.3 Electronic funds transfer (EFT) payment of annual leave

20.4 Annual close down

(a) the employer gives not less than one month’s notice of its intention to do so;

(b) an employee who has accrued sufficient leave to cover the period of the close down is allowed leave and also paid for that leave at the appropriate wage;

(c) an employee who has not accrued sufficient leave to cover part or all of the close down, is allowed paid leave for the period for which they have accrued sufficient leave and given unpaid leave for the remainder of the close down; and

(d) any leave taken by an employee as a result of a close down pursuant to clause 20.4 also counts as service by the employee with their employer.

20.5 Rostered day off falling during annual leave

20.6 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.

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

(d) Clause 20.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a) If an employer has genuinely tried to reach agreement with an employee under clause 20.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 20.7(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 20.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 20.7(a) may request to take a period of paid annual leave as if the direction had not been given.

20.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 20.8(a) if:

(c) A notice given by an employee under clause 20.8(a) must not:

(d) An employee is not entitled to request by a notice under clause 20.8(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 20.8(a).

20.9 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 20.9 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 20.9, 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.

20.10 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.10.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.10.

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

(d) An agreement under clause 20.10 must state:

(e) An agreement under clause 20.10 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i) The employer must keep a copy of any agreement under clause 20.10 as an employee record.

21. Personal/carer’s leave and compassionate leave

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

21.2 Rate of pay for a period of paid personal/carer’s leave and compassionate leave

22. Parental leave and related entitlements

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

23. Community service leave

Community service leave is provided for in the NES.

24. 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.

25. Public holidays

25.1 Public holidays are provided for in the NES.

25.2 Substitution of certain public holidays by agreement at the enterprise

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

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

25.3 Payment for work on a public holiday—full-time and part-time employees

(a) For all time worked by a full-time or part-time employee on a public holiday, payment must be made at the following rates:

(b) An employee must be paid for a minimum of 4 hours’ work.

25.4 Payment for work on a public holiday—casual employees

(a) on Good Friday and the Christmas Day holiday—130% of the applicable minimum weekly rate specified in clause 16.1(a) plus payment for the work performed in accordance with the designated method of payment specified in clause 16Minimum rates.

(b) on any other holiday—120% of the applicable minimum weekly rate specified in clause 16.1(a) plus payment for the work performed in accordance with the designated method of payment specified in clause 16Minimum rates.

25.5 An employee will only be entitled to the payments specified in clauses 25.3 and 25.4 in circumstances where the majority of the work undertaken by an employee on a particular journey or long distance operation is undertaken on a public holiday.

25.6 Part-day public holidays

Part 6—Consultation and Dispute Resolution

26. Consultation about major workplace change

26.1 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.

26.2 For the purposes of the discussion under clause 26.1(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.

26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

26.4 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 26.1(b).

26.5 In clause 26 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.

26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.

27. Consultation about changes to rosters or hours of work

27.1 Clause 27 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.

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

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

(a) provide to the employees and representatives mentioned in clause 27.2 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.

27.4 The employer must consider any views given under clause 27.3(b).

27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

28. Dispute resolution

28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

28.2 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.

28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, 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.

28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.

28.5 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.

28.6 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.

28.7 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 28.

28.8 While procedures are being followed under clause 28 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.

28.9 Clause 28.8 is subject to any applicable work health and safety legislation.

Part 7—Termination of Employment and Redundancy

29. Termination of employment

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

29.1 Notice of termination by an employee

(a) Clause 29.1 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 29.1(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 29.1(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 29.1(b), then no deduction can be made under clause 29.1(d).

(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.

29.2 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 29.2 is to be taken at times that are convenient to the employee after consultation with the employer.

29.3 Termination away from home base

30. Redundancy

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

30.1 Transfer to lower paid duties on redundancy

(a) Clause 30.1 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 30.1(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 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 and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

30.2 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 30 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.

30.3 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 30.3(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 30.3(b).

(d) An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 29.2.

Schedule A—Summary of Hourly Rates of Pay
A.1 Full-time employees and part-time employees—ordinary rates, loading and unloading rates and penalty rates

Grade

Hourly driving method

Kilometre driving method

Loading or unloading

Public holiday2

Christmas or Good Friday2

 

$ per hour1

Minimum cents per kilometre1

$ per hour1

$ per shift3

$ per shift3

3

31.75

42.34

26.47

162.84

244.26

4

32.34

43.12

26.95

165.84

248.76

5

32.74

43.66

27.29

167.92

251.88

6

33.12

44.16

27.60

169.84

254.76

7

33.60

44.8

28.00

172.32

258.48

8

34.58

46.1

28.82

177.32

265.98

9

35.16

46.88

29.30

180.30

270.45

10

36.03

48.04

30.03

184.76

277.14

1 Part-time employees must be paid an additional 15% for driving or loading and unloading duties undertaken in accordance with an employer request on days not agreed in accordance with clauses 10.2 or 10.3. See clause 10.7.

2 See clause 25.3.

3 This amount is payable in addition to the relevant hourly or cents per kilometre rate (see clause 25.3).

A.2 Casual employees—ordinary rates, loading and unloading rates and penalty rates

Grade

Hourly driving method

Kilometre driving method

Loading or unloading

Public holiday1

Christmas or Good Friday1

 

$ per hour

Minimum cents per kilometer

$ per hour

$ per shift2

$ per shift2

3

36.51

48.69

33.09

162.84

244.26

4

37.19

49.59

33.69

165.84

248.76

5

37.65

50.21

34.11

167.92

251.88

6

38.09

50.78

34.50

169.84

254.76

7

38.64

51.52

35.00

172.32

258.48

8

39.77

53.02

36.03

177.32

265.98

9

40.43

53.91

36.63

180.30

270.45

10

41.43

55.25

37.54

184.76

277.14

1 See clause 25.4.

2 This amount is payable in addition to the relevant hourly or cents per kilometre rate (see clause 16.4).

Schedule B—Summary of Monetary Allowances
See clause 18Allowances for full details of allowances payable under this award.
B.1 Wage-related allowances
B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2Definitions as the minimum weekly rate for Grade 6 in clause 16.1 = $849.20.

B.1.2 Adjustment of wage-related allowances

B.2 Expense-related allowances
B.2.1 The expense-related allowances in this award will be payable to employees in accordance with clause 18.3:

B.2.2 Adjustment of expense-related allowances

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

C.3 Eligibility criteria
C.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.
C.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.
C.4 Supported wage rates
C.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 C.5)
%

Relevant minimum wage
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

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

C.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.

C.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.

C.10 Trial period
C.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.
C.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.
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause C.5.
Schedule D
—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 E—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 F—Part-day Public Holidays
F.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
F.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:

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

Schedule 24—Additional Measures During the COVID-19 Pandemic
F.5 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.
F.6 During the operation of Schedule X, the following provisions apply:
F.6.1 Unpaid pandemic leave

F.6.2 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.