MA000065  PR718539
FAIR WORK COMMISSION

DETERMINATION


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

4 yearly review of modern awards
(AM2019/17)

PROFESSIONAL EMPLOYEES AWARD 2010
[MA000065]

Scientific services

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 30 APRIL 2020

4 yearly review of modern awards – Professional Employees Award 2010 – modern award varied.

A. Further to the decision [[2020] FWCFB 2124] issued by the Full Bench of the Fair Work Commission on 27 April 2020, the Professional Employees Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation from 18 June 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 18 June 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Professional Employees Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 10
4. Coverage 11
5. Individual flexibility arrangements 12
6. Requests for flexible working arrangements 14
7. Facilitative provisions for flexible working practices 15
Part 2— Types of Employment and Classifications 15
8. Types of employment 15
9. Full-time employees 16
10. Part-time employees 16
11. Casual employees 16
12. Classifications 18
Part 3— Hours of Work 19
13. Ordinary hours of work 19
Part 4— Wages and Allowances 20
14. Minimum rates 20
15. Payment of wages 21
16. Allowances 22
17. Superannuation 23
Part 5— Leave and Public Holidays 24
18. Annual leave 24
19. Personal/carer’s leave and compassionate leave 28
20. Parental leave and related entitlements 28
21. Community service leave 28
22. Unpaid family and domestic violence leave 28
23. Public holidays 28
Part 6— Consultation and Dispute Resolution 29
24. Consultation about major workplace change 29
25. Consultation about changes to rosters or hours of work 30
26. Dispute resolution 30
Part 7— Termination of Employment and Redundancy 31
27. Termination of employment 31
28. Redundancy 32
Schedule A —Classification Structure and Definitions 34
Schedule B —Medical Research Employees 39
Schedule C —Summary of Casual Hourly Rates of Pay 44
Schedule D —Agreement to Take Annual Leave in Advance 45
Schedule E —Agreement to Cash Out Annual Leave 46
Schedule X —Additional Measures During the COVID-19 Pandemic 47

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Professional Employees Award 2020.

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

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

2. Definitions

2.1 In this award, unless the contrary intention appears:

(a) speech, music, or other sounds;

(b) data;

(c) text;

(d) visual images, whether or not animated;

(e) signals; or

(f) in any other form or other combination of forms.

2.2 Engineering stream

(a) membership of Engineers Australia; or

(b) having graduated in a 4 or 5 year course at a university recognised by Engineers Australia, 4 years’ experience on professional engineering duties since becoming a Qualified engineer; or

(c) not having so graduated, 5 years of such experience.

(a) has been issued by a technical university, an institute of technology, a European technical high school (technische hochschule) or polytechnic or other similar educational establishment; and

(b) is recognised by Engineers Australia as attaining a standard similar to a university degree; and has been issued following:

2.3 Information technology and telecommunications services stream

(a) the design and manufacture of computers and computer peripherals;

(b) the design and manufacture of telecommunications equipment;

(c) the design and manufacture of computer software;

(d) computer system installation, repair and maintenance;

(e) computer consultancy services;

(f) computer programming;

(g) system analysis services;

(h) the design, development and maintenance of online internet architecture and the facilitation of online content management; or

(i) activities which are incidental, ancillary or complementary to the activities set out in this definition.

(a) that they have graduated with a university degree, with a science or information technology major (3, 4 or 5 year course) and had 4 years’ experience on professional information technology duties since graduating; or

(b) that they, not having so graduated, have sufficient qualifications and experience to be a Certified Professional of the Australian Computer Society plus a further 4 years’ experience on professional information technology duties.

(a) holds a university degree with a science or information technology major (3, 4 or 5 year course) accredited by the Australian Computer Society at professional level; or

(b) has sufficient qualifications and experience to be a Certified Professional of the Australian Computer Society.

(a) hold a university degree with a science or information technology major (3, 4 or 5 year course) accredited by the Australian Computer Society at professional level; or

(b) have sufficient qualifications and experience to be a Certified Professional of the Australian Computer Society.

(a) the supply and/or installation and/or maintenance of telecommunications services; or

(b) the supply and/or installation and/or maintenance of value added telecommunications services; or

(c) incidental, ancillary or complementary to the supply and/or installation and/or maintenance of telecommunications services; or

(d) the installation and/or maintenance of telecommunications equipment and line.

2.4 Scientist stream

(a) A degree in science from an Australian, New Zealand or United Kingdom university or from an Australian tertiary educational institution.

(b) Academic qualifications acceptable to the Royal Australian Chemical Institute for admission to the grade of Graduate Chemist (MRACI), Early Career Chemist (MRACI)(CChem) or Member (MRACI).

(c) Academic qualifications acceptable to the Australian Institute of Physics for admission to the grade of Member (MAIP).

(d) Academic qualifications in metallurgy, metallurgical engineering or technology acceptable to either the Australasian Institute of Mining and Metallurgy for admission to the grade of Graduate Member, or the Institution of Materials, Minerals Mining (London) for admission to the grades of Professional Graduate Member or Associate Member.

(e) Academic qualifications acceptable to the Australian Institute of Agricultural Science and Technology for admission to the category of 1st Year Graduate Member, 2nd Year Graduate Member or Full Member.

(f) Academic qualifications acceptable to the Australian Institute of Food Science and Technology for admission to the grade of Graduate Member.

(g) Academic qualifications acceptable to a pharmacy board or council within the Commonwealth of Australia provided that the award will not apply to pharmacists employed in a retail pharmacy shop.

(a) a degree or diploma and the following further experience in professional scientific duties obtained after their degree or diploma:

(b) that they possess qualifications acceptable to:

2.5 Quality auditing stream

2.6 Medical researcher stream

(a) a university degree majoring in a medical research discipline as defined (3, 4 or 5 year course) from:

(b) a PhD, Research Doctorate or Master's degree majoring in a medical research discipline as defined.

(a) they have graduated with a PhD, Research Doctorate or Master's degree majoring in a medical research discipline as defined; or

(b) they, not having so graduated, will have had further experience in professional medical research duties, after obtaining their university degree, as follows:

(a) assess, maintain or improve an individual's health;

(b) diagnose an individual's illness, injury or disability; or

(c) treat an individual's illness, injury or disability or suspected illness, injury or disability.

(a) principally engaged in basic, applied, translational or clinical research; and

(b) operating for the primary purpose of the cure, diagnosis, prevention and treatment of disease,

(a) organisations operating for the primary purpose of the provision of health services;

(b) higher education organisations as defined;

(c) Commonwealth, State or Territory government agencies.

(a) carried out by a person in a medical research institute;

(b) directly relevant to basic, applied, translational or clinical research; and

(c) the adequate discharge of any portion of which duties requires a person to hold the Academic qualifications as defined,

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 and occupational award covers employers throughout Australia as follows:

(a) Employers throughout Australia with respect to their employees performing professional engineering and professional scientific duties who are covered by the classifications in Schedule A—Classification Structure and Definitions of the award and those employees.

(b) Employers throughout Australia principally engaged in the information technology industry, the quality auditing industry or the telecommunications services industry and their employees who are covered by the classifications in Schedule A—Classification Structure and Definitions.

(c) Employers throughout Australia principally engaged as medical research institutes with respect to their employees performing professional medical research duties who are covered by the classifications in Schedule B—Medical Research Employees and those employees.

4.2 The award does not cover employees who are covered by the following awards:

(a) Airport Employees Award 2020;

(b) Black Coal Mining Industry Award 2010;

(c) Electrical Power Industry Award 2020;

(d) Nurses Award 2010;

(e) Port Authorities Award 2020;

(f) Rail Industry Award 2020;

(g) State Government Agencies Award 2020; and

(h) Water Industry Award 2020.

4.3 The award does not cover employees of a local government covered by another award.

4.4 This award covers any employer which supplies labour on an on-hire basis in the industries set out in clause 4.1 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 those industries. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award covers any employer which supplies on-hire employees in classifications set out in Schedule A—Classification Structure and Definitions and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 This industry and occupational award does not cover:

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

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

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

4.7 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 for flexible working practices

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:

13.2

Ordinary hours of work

An individual

13.7

Transfers – period of notice

An individual

18.5

Annual leave in advance

An individual

18.6

Cashing out of annual leave

An individual

23.2

Substitution of public holidays

An individual

7.3 Agreements made pursuant to clause 7.2 must be recorded in writing and be available to every affected employee on request.

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 Contract of employment

8.2 Notification of conditions of employment

9. Full-time employees

Any person not specifically engaged as a part-time or casual employee is for all purposes of this award a full-time employee.

10. Part-time employees

10.1 An employee may be engaged for a specified number of ordinary hours each week being less than an average of 38 hours per week.

10.2 A part-time employee must be paid the appropriate minimum hourly rate for the classification prescribed in clause 14—Minimum rates and must receive other conditions under this award on a pro rata basis.

10.3 Any employee engaged on a full-time basis must not be converted to a part-time basis as set out in clause 10 without the employee’s written agreement.

11. Casual employees

11.1 An employee may be engaged as a casual and must be paid per hour worked:

(a) the minimum hourly rate appropriate to the employee’s classification prescribed in clause 14—Minimum rates; and

(b) a loading of 25% of that rate.

11.2 The casual loading is paid to compensate casual employees for a lack of continuity in employment, paid leave, termination and other employment benefits of a full-time or part-time employee.

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

11.4 Right to request casual conversion

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

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

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

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

(e) Any request under clause 11.4 must be in writing and provided to the employer.

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

(g) Reasonable grounds for refusal include that:

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

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

(j) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 26—Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

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

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

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

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

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

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

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

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

12. Classifications

12.1 The classification definitions in Schedule A—Classification Structure and Definitions and Schedule B—Medical Research Employees will apply.

12.2 Notification of responsibility level

12.3 Evidence of qualifications

(a) An employee who is employed under this award or who is an applicant for employment covered by this award, must if and when required to do so by the employer, produce to the employer written evidence that they possess or have acquired the qualifications of a Qualified engineer, Experienced engineer, Qualified scientist, Experienced scientist, Graduate information technology employee or, Experienced information technology employee, Graduate medical research employee or Experienced medical research employee.

(b) Where an employee has failed to produce to the employer written evidence that they possess or have acquired the relevant qualifications and the employee subsequently claims to be entitled to payment at a rate prescribed by this award, it will be a defence to the employer if the employer establishes that during the said period the employer did not know and had no reason to believe that the employee had acquired the qualifications of a Qualified engineer, Experienced engineer, Qualified scientist, Experienced scientist, Graduate information technology employee or, Experienced information technology employee, Graduate medical research employee or Experienced medical research employee.

12.4 Professional development

(a) Employees are responsible for keeping themselves informed of developments in their profession and developing their professional knowledge and ability. It is appropriate for employees to be encouraged to undertake self-development programs.

(b) Where the employee and the employer agree that an activity be undertaken by the employee as a component of a structured training program, the employer will meet all costs associated with the training.

Part 3—Hours of Work

13. Ordinary hours of work

13.1 For the purpose of the NES, ordinary hours of work under this award are 38 per week.

13.2 An employee who by agreement with their employer is working a regular cycle (including shorter or longer hours) must not have ordinary hours of duty which exceed an average of 38 hours per week over the cycle.

13.3 Employers must compensate for:

(a) time worked regularly in excess of ordinary hours of duty;

(b) time worked on-call-backs;

(c) time spent standing by in readiness for a call-back;

(d) time spent carrying out professional engineering duties or professional scientific/information technology duties outside of the ordinary hours over the telephone or via remote access arrangements; or

(e) time worked on afternoon, night or weekend shifts.

13.4 Compensation may include:

(a) granting special additional leave;

(b) granting special additional remuneration;

(c) taking the factors in clause 13.3 into account in the fixation of annual remuneration; or

(d) granting a special allowance or loading.

13.5 Where relevant, compensation in clause 13.4 must include consideration of the penalty rate or equivalent and conditions applicable from time to time to the majority of employees employed in a particular establishment in which the employee is employed.

13.6 The compensation in clause 13.4 must be reviewed annually to ensure that it is set at an appropriate level having regard to the factors listed in clause 13.

13.7 Transfers

(a) An employee who is transferred permanently from day work to shiftwork or from shiftwork to day work must receive at least one month’s notice unless the employer and the employee agree on a lesser period of notice.

(b) Clause 13.7(a) is subject to the requirements of clause 25—Consultation about changes to rosters or hours of work.

Part 4—Wages and Allowances

14. Minimum rates

14.1 The minimum annual wages payable to full-time employees in the classifications defined in Schedule A—Classification Structure and Definitions and Schedule B—Medical Research Employees are:

Classification

Annual wages
(full-time employee)

Minimum hourly rate

 

$

$

Level 1 Graduate professional—pay point 1.1 (3 year degree)

51,498

25.98

Level 1 Graduate professional—pay point 1.1 (4 or 5 year degree)

52,817

26.64

Level 1 Graduate professional—pay point 1.2

53,704

27.09

Level 1 Graduate professional—pay point 1.3

55,940

28.22

Level 1 Graduate professional—pay point 1.4

58,773

29.65

Level 2 Experienced professional/quality auditor/experienced medical research employee

60,754

30.65

Level 3 Professional/senior (lead) quality auditor/experienced medical research employee

66,396

33.49

Level 4 Professional/experienced medical research employee

74,885

37.78

Level 5 Experienced medical research employee

90,213

45.51

14.2 Minimum hourly rates are calculated as follows:

15. 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.

15.1 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 15.1(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

16. 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.

16.1 Employers must pay to an employee the expense-rated allowances the employee is entitled to under clause 16.

16.2 Travelling expenses and travelling time

16.3 Vehicle allowance

16.4 Equipment and special clothing

16.5 Adjustment of expense-related allowances

(a) At the time of any adjustment to wages as a result of an annual wage review, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance

Applicable Consumer Price Index figure

Vehicle allowance

Private motoring sub-group

17. Superannuation

17.1 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.

17.2 Employer contributions

17.3 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 17.2.

(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 17.3(a) or 17.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 17.3(a) or 17.3(b) was made.

17.4 Superannuation fund

(a) AustralianSuper;

(b) Tasplan;

(c) Statewide Superannuation Trust;

(d) 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

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

Part 5—Leave and Public Holidays

18. Annual leave

18.1 Annual leave is provided for in the NES.

18.2 An employee must be paid a loading calculated at the rate of 17.5% of their base rate of pay, provided that:

(a) the entitlement must not exceed the ABS average weekly earnings for all males (Australia) for the September quarter of the year preceding the year in which the date of the accrual of the annual leave falls; and

(b) where an employee receives remuneration from their employer which is related to their annual leave loading and which is established as being of equivalent value to or greater value than the loading provided by clause 18.2, no further entitlement will accrue. Where the benefit is of a lesser value than equivalent value then the employer must make up the benefit to that value.

18.3 Definition of shiftworker

18.4 Annual close-down

18.5 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 18.5 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 18.5, 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.

18.6 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 18.6.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 18.6.

(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 18.6 must state:

(e) An agreement under clause 18.6 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 18.6 as an employee record.

18.7 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 18.3).

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

(d) Clause 18.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

18.8 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 18.7(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 18.8(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 18.8(a) that is in effect.

(d) An employee to whom a direction has been given under clause 18.8(a) may request to take a period of paid annual leave as if the direction had not been given.

18.9 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 18.7(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 18.9(a) if:

(c) A notice given by an employee under clause 18.9(a) must not:

(d) An employee is not entitled to request by a notice under clause 18.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 18.3) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 18.9(a).

19. Personal/carer’s leave and compassionate leave

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

20. Parental leave and related entitlements

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

21. Community service leave

Community service leave is provided for in the NES.

22. 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.

23. Public holidays

23.1 Public holiday entitlements are provided for in the NES.

23.2 Substitution of 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.

Part 6—Consultation and Dispute Resolution

24. Consultation about major workplace change

24.1 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.

24.2 For the purposes of the discussion under clause 24.1(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.

24.3 Clause 24.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

24.4 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 24.1(b).

24.5 In clause 24 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.

24.6 Where this award makes provision for alteration of any of the matters defined at clause 24.5, such alteration is taken not to have significant effect.

25. Consultation about changes to rosters or hours of work

25.1 Clause 25 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.

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

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

(a) provide to the employees and representatives mentioned in clause 25.2 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.

25.4 The employer must consider any views given under clause 25.3(b).

25.5 Clause 25 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

26. Dispute resolution

26.1 Clause 26 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

26.2 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.

26.3 If the dispute is not resolved through discussion as mentioned in clause 26.2, 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.

26.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 26.2 and 26.3, a party to the dispute may refer it to the Fair Work Commission.

26.5 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.

26.6 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.

26.7 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 26.

26.8 While procedures are being followed under clause 26 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.

26.9 Clause 26.8 is subject to any applicable work health and safety legislation.

Part 7—Termination of Employment and Redundancy

27. Termination of employment

NOTE:  Sections 117 and 123 of the Act set out requirements for notice of termination by an employer under the NES. Clause 27.1 requires an employer to give a greater minimum period of notice than that generally required under the NES.

27.1 Notice of termination or payment instead of notice by the employer

(a) Clause 27.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) The employer must give an employee notice of termination of employment or payment instead of notice as required under sections 117(1) and 117(2) of the Act, except that the minimum period of notice is:

(c) In clause 27.1(b) continuous service has the same meaning as in section 117 of the Act.

27.2 Notice of termination by an employee

(a) Clause 27.2 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer at least one month’s notice of termination of employment.

(c) If an employee who is at least 18 years old does not give the period of notice required under clause 27.2(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.

(d) If the employer has agreed to a shorter period of notice than that required under clause 27.2(b), then no deduction can be made under clause 27.2(c).

(e) Any deduction made under clause 27.2(c) must not be unreasonable in the circumstances.

27.3 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 27.3 is to be taken at times that are convenient to the employee after consultation with the employer.

28. Redundancy

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

28.1 Transfer to lower paid duties on redundancy

(a) Clause 28.1 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 28.1(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.

28.2 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 28 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.

28.3 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 28.3(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 28.3(b).

(d) An employee who fails to produce proof when required under clause 28.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 27.3.

Schedule A
—Classification Structure and Definitions

For employment involving the performance of professional duties except professional medical research duties, the following classification definitions apply:

A.1 Professional responsibility levels
A.1.1 Level 1—Graduate professional includes: Graduate engineer, Graduate information technology employee and Qualified scientist

A.1.2 Graduate professional—appointment and progression

A.1.3 Annual review

A.1.4 Deferral

A.1.5 Appeal and review

A.1.6 Accelerated advancement

A.1.7 Level 2—Experienced engineer, Experienced information technology employee and Experienced scientist

A.1.8 Level 2—Quality auditor

A.1.9 Level 3—Professional

A.1.10 Level 3—Senior (lead) auditor

A.1.11 Level 4—Professional

Schedule B—Medical Research Employees

For employment involving the performance of professional medical research duties, the following classification definitions apply:

B.1 Professional responsibility levels
B.1.1 Level 1—Graduate professional medical research employee

B.1.2 Graduate professional—appointment and progression

B.1.3 Annual review

B.1.4 Deferral

B.1.5 Appeal and review

B.1.6 Accelerated advancement

B.1.7 Level 2—Experienced professional medical research employee

B.1.8 Level 3—Experienced medical research employee

B.1.9 Level 4—Experienced medical research employee

B.1.10 Level 5—Experienced medical research employee

Schedule C—Summary of Casual Hourly Rates of Pay

   

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 24—Additional Measures During the COVID-19 Pandemic
E.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.
E.2 During the operation of Schedule X, the following provisions apply:
E.2.1 Unpaid pandemic leave

E.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.