MA000016  PR718541 [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)

SECURITY SERVICES INDUSTRY AWARD 2010
[MA000016]

Security services

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 30 APRIL 2020

4 yearly review of modern awards – Security Services Industry 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 Security Services Industry 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

Security Services Industry 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 9
7. Facilitative provisions 10
Part 2— Types of Employment and Classifications 10
8. Types of employment 10
9. Full-time employees 11
10. Part-time employees 11
11. Casual employees 11
12. Classifications 14
Part 3— Hours of Work 14
13. Ordinary hours of work and rostering arrangements 14
14. Breaks 18
Part 4— Wages and Allowances 20
15. Minimum rates 20
16. Payment of wages 21
17. Allowances 22
18. Superannuation 24
Part 5— Overtime and Penalty Rates 26
19. Overtime 26
20. Penalty rates 29
Part 6— Leave and Public Holidays 32
21. Annual leave 32
22. Personal/carer’s leave and compassionate leave 37
23. Parental leave and related entitlements 37
24. Community service leave 37
25. Unpaid family and domestic violence leave 37
26. Public holidays 37
Part 7— Consultation and Dispute Resolution 38
27. Consultation about major workplace change 38
28. Consultation about changes to rosters or hours of work 39
29. Consultation about change of contract 39
30. Dispute resolution 40
Part 8— Termination of Employment and Redundancy 41
31. Termination of employment 41
32. Redundancy 42
Schedule A —Classification Definitions 44
Schedule B —Summary of Hourly Rates of Pay 48
Schedule C —Summary of Monetary Allowances 50
Schedule D —Agreement for Time Off Instead of Payment for Overtime 52
Schedule E —Agreement to Take Annual Leave in Advance 53
Schedule F —Agreement to Cash Out Annual Leave 54
Schedule G —Part-day Public Holidays 55
Schedule X —Additional Measures During the COVID-19 Pandemic 56

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This is the Security Services Industry 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 made by the Fair Work Commission does not affect any right, privilege, obligation or liability acquired, accrued or incurred under this award as in force before that variation.

2. Definitions

In this award:

(a) the movement of valuables in a vehicle (usually an armoured vehicle) on behalf of other persons for reward; and

(b) the replenishing of automatic teller machines (ATMs).

(a) screening entry into the place (other than by merely securing or checking that persons have paid for admission or have invitations or passes allowing for admission); or

(b) monitoring or controlling behaviour in the place; or

(c) removing any person from the place; or

(d) otherwise maintaining order in the place.

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 of the NES are available to all employees to whom they apply, either on a notice board conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers, to the exclusion of any other modern award:

(a) employers in the security services industry throughout Australia; and

(b) employees (with a classification defined in Schedule A—Classification Definitions) of employers mentioned in clause 4.1(a).

4.2 For the purposes of clause 4.1, security services industry includes:

(a) patrolling, protecting, screening, watching or guarding any people or property (including cash or other valuables):

(b) crowd control, event control or venue control, whether by physical or electronic means; and

(c) the provision of bodyguard or close personal protection services; and

(d) the operation of a security control room or monitoring centre; and

(e) loss prevention; and

(f) traffic control that is incidental to, or associated with, the activities referred to in clauses 4.2(a), 4.2(b) or 4.2(c).

4.3 An employer is not covered by this award merely because, as an incidental part of a business covered by another modern award, the employer has employees who perform functions mentioned in clause 4.2.

4.4 This industry award also covers:

(a) on-hire employees working in the security services industry (with a classification defined in Schedule A—Classification Definitions) and the on-hire employers of those employees; and

(b) trainees employed by a group training employer and hosted by an employer covered by this award to work in the security services industry (with a classification defined in Schedule A—Classification Definitions) and the group training employers of those trainees.

4.5 However, this industry award does not cover any of the following:

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

(b) employees covered by a modern enterprise award or an enterprise instrument; or

(c) employees covered by a State reference public sector modern award or a State reference public sector transitional award; or

(d) employers of employees mentioned in clause 4.5(b) or 4.5(c).

4.6 This industry award also does not cover an employer in respect of:

(a) any cash-in-transit part of the employer’s business; or

(b) the operation of prisons or correctional or other detention facilities; or

(c) the installation, maintenance or repair of electronic alarm or monitoring systems; or

(d) the installation, maintenance, repair or replenishing of ATMs.

4.7 An employer is not excluded from coverage by this award in respect of an employee merely because the employee performs cash-in-transit duties as a minor or incidental part of their duties.

4.8 If an employer is covered by more than one award, an employee of the employer is covered by the award containing the classification that is most appropriate to the work performed by the employee and the industry in which they work.

NOTE: An employee working in the security services industry who is not covered by this industry award may be covered by an award with occupational coverage. For example, the Clerks—Private Sector Award 2020 may cover clerical employees of employers covered by this award.

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

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

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

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

6.5 Dispute resolution

7. Facilitative provisions

7.1 This award contains facilitative provisions which allow agreement between an employer and an individual employee, or the majority of employees, on how specific award provisions are to apply at the workplace.

7.2 The following clauses have facilitative provisions:

Clause

Provision

Agreement between an employer and:

13.3(c)

Ordinary hours of work and rostering—shift duration

the majority of employees

13.7(a)

Rostered days off

the majority of employees

13.7(b)

Moving rostered day off

an individual employee

19.4

Time off instead of payment for overtime

an individual employee

21.8

Annual leave in advance

an individual employee

21.9

Cashing out of annual leave

an individual employee

26.2

Substitution of public holidays by agreement

an individual employee

   

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 An employee covered by this award must be one of the following:

(a) a full-time employee; or

(b) a part-time employee; or

(c) a casual employee.

8.2 At the time of engaging an employee, an employer must inform the employee of the terms on which they are engaged, including whether they are engaged as a full-time, part-time or casual employee.

9. Full-time employees

An employee who is engaged to work 38 ordinary hours per week, or an average of 38 ordinary hours per week over a roster cycle of between 2 and 8 weeks, is a full-time employee.

10. Part-time employees

10.1 An employee who is engaged to work for fewer than 38 ordinary hours per week, or fewer than an average of 38 ordinary hours per week over a roster cycle of between 2 and 8 weeks, and whose hours of work are reasonably predictable, is a part-time employee.

10.2 An employer may employ part-time employees in any classification defined in Schedule A—Classification Definitions.

10.3 At the time of engaging a part-time employee, the employer and employee must agree in writing on a regular pattern of work.

10.4 If the agreement under clause 10.3 is that the employee will work on a roster, the agreement must specify at least the following:

(a) the starting and finishing times for each shift; and

(b) the days or part days on which the employee will not be rostered.

10.5 If the agreement under clause 10.3 is that an employee will work otherwise than on a roster, the agreement must specify all of the following:

(a) the number of hours to be worked each day; and

(b) the days of the week on which the employee will work; and

(c) the times at which the employee will start and finish work each day.

10.6 Any variation agreed by the employer and the employee to the number of hours to be worked must be in writing.

10.7 A part-time employee must be paid in accordance with clause 15Minimum rates for each ordinary hour worked.

11. Casual employees

11.1 An employee is a casual employee if they are engaged as a casual employee.

11.2 Casual loading

(a) An employer must pay a casual employee for each ordinary hour worked a loading of 25% in addition to the minimum hourly rate otherwise applicable under Table 4—Minimum rates.

(b) The casual loading is paid in addition to any penalty rates for shift, weekend or public holiday work payable to full-time employees.

11.3 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 11.3 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 30Dispute 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 11.3, 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 11.3.

(o) Nothing in clause 11.3 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 11.3 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 11.3 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 11.3 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 11.3(q).

12. Classifications

12.1 An employer must classify an employee covered by this award in accordance with Schedule A—Classification Definitions.

12.2 An employee must perform all duties that are incidental to their work and within their level of skill, competence and training, irrespective of their classification.

12.3 Licensing

(a) Clause 12.3 applies where relevant State or Territory legislation requires persons who perform work falling within a classification in Schedule A—Classification Definitions to be licensed.

(b) The employer must ensure that an employee holds the appropriate licence for their classification or the work the employee is required to perform.

(c) An employee does not lose any entitlements under this award merely because the employee does not hold an appropriate licence.

(d) Clause 12.3(e) applies to an employee who cannot perform work within a classification in Schedule A—Classification Definitions because a licence that they are required to hold to perform that work has expired or been revoked, suspended or refused by the appropriate licensing authority.

(e) The employer may stand the employee down from work without pay for 2 weeks or any other period that may be agreed between them in order to resolve the licensing issue.

Part 3—Hours of Work

13. Ordinary hours of work and rostering arrangements

NOTE: A full time employee must work 38 ordinary hours per week or an average of 38 ordinary hours per week over a roster cycle of between 2 and 8 weeks. See clause 9Full-time employees.

13.1 If the employer chooses to operate a roster, the average of 38 ordinary hours per week required for full-time employment may be worked in any of the following ways at the discretion of the employer:

(a) 76 hours over a roster cycle of up to 2 weeks; or

(b) 114 hours over a roster cycle of up to 3 weeks; or

(c) 152 hours over a roster cycle of up to 4 weeks; or

(d) 304 hours over a roster cycle of up to 8 weeks.

13.2 For the purposes of clause 13 the following time is ordinary working time and must be paid for as such:

(a) rest breaks mentioned in clause 14.2 (Breaks); and

(b) time spent filling in any time record or in making any other record (other than time spent checking in or out when entering or leaving the employer’s premises); and

(c) time spent attending a court in the interests of the employer or of any client of the employer in relation to any matter arising out of, or connected with, the employee’s duties; and

(d) time spent fitting the employee’s own vehicle with any equipment or markings required by the employer and paid for by the employer unless the fitting is required because the employee chooses to change vehicles within 3 years after an initial fitting; and

(e) time spent at the direction of the employer attending training courses, except a course attended by an employee who does not hold a licence required under State or Territory legislation, as mentioned in clause 12.3Licensing, in order to obtain such a licence.

13.3 Shift duration

(a) The minimum number of ordinary hours that an employee may be rostered to work on a shift is:

(b) The maximum number of ordinary hours that an employee may be rostered to work on a shift is 10.

(c) By agreement between the employer and the majority of affected employees at a particular establishment, an employee may be rostered to work up to 12 ordinary hours per shift if:

(d) An employee may be represented by a representative nominated by them in any discussion about the making of an agreement under clause 13.3(c).

(e) An agreement under clause 13.3(c) must be recorded in writing and kept by the employer as a time and wages record.

(f) Clause 13.3(c) does not prevent an employer from implementing 12 hour rosters through the use of regular rostered overtime or individual flexibility agreements.

(g) Hours of work on a shift are continuous, except for rest breaks and meal breaks as specified in clause 14Breaks.

(h) However, an employee may be rostered to work ordinary hours in broken shifts, that is, in up to 2 periods of duty, exclusive of rest breaks.

(i) An employee who works broken shifts is entitled to be paid for at least 3 hours for each period of duty on a broken shift even if the employee works for a shorter time.

13.4 Shift start/end times

(a) An employee’s start and finish times of ordinary hours of work operate from when the employee arrives at, or leaves, their actual job or work station.

(b) However, clause 13.4(c) applies if:

(c) The employee’s start and finish times of ordinary hours of work operate from the employee’s arrival at the point of collection or return respectively.

13.5 Display of roster and notice of change of roster

(a) The employer must prepare a roster showing, for each full-time or part-time employee who works on a roster, their name and the times at which they start and finish work.

(b) The employer must post the roster in an obvious place that is easily accessible by the affected employees or provide it by electronic means.

(c) An employer may change the rostered time at which an employee starts or finishes work by:

13.6 Notice of rosters

(a) Employees (other than relieving officers and casual employees) must work their ordinary hours of work in accordance with a roster of which they have been given advance notice.

(b) A relieving officer or casual employee may, at the employer’s discretion, work their ordinary hours of work in accordance with a roster of which they have been given advance notice.

13.7 Rostered days off

(a) An employer may implement a system of rostered days off for the whole or a section of the employer’s business by any of the following methods:

(b) If an employee’s rostered day off falls on a public holiday, the rostered day off is moved to the next working day unless another day is agreed in writing between the employer and the employee.

(c) By agreement between the employer and an employee, up to 10 rostered days off may be banked and taken at an agreed time.

(d) An employee who fails to attend for work on the working day before or after a rostered day off is not entitled to be paid for the rostered day off, without the consent of the employer or without evidence, in accordance with section 107 of the Act.

(e) Each day of paid leave taken (except rostered days off) and each public holiday occurring during a roster cycle must be regarded as a day worked in calculating the number of days worked in the cycle.

(f) The employer must pay an employee who has not accrued a rostered day off because the employee did not work a complete roster cycle (including because of termination of employment), a proportionate amount according to the time worked during the cycle.

(g) Any agreement under clause 13.7 must be recorded in writing and kept as a time and wages record.

14. Breaks

14.1 Clause 14 gives an employee an entitlement to meal breaks and rest breaks.

14.2 An employee who works the number of hours in any one shift specified in column 1 of Table 2—Entitlements to rest break(s) is entitled to a rest break or breaks as specified in column 2.

Column 1
Hours worked per shift

Column 2
Breaks

4 or more but less than 8

Paid rest break or breaks of 10 minutes in total

8 or more but less than 10

Paid rest break or breaks of 20 minutes in total (to be taken, if reasonably practicable, after the first 4 hours of work and within the first 5 hours of work)

10 or more but less than 12

Paid rest break or breaks of 25 minutes in total (to be taken, if reasonably practicable, after the first 4 hours of work and within the first 5 hours of work)

12 or more

Paid rest break or breaks of 30 minutes in total (to be taken, if reasonably practicable, after the first 4 hours of work and within the first 5 hours of work)

14.3 An employee who works more than 5 hours in any one shift is entitled to one unpaid meal break of at least 30 minutes (unless it is operationally impracticable to have the meal break).

14.4 Breaks between work periods

(a) An employee must have a minimum break of 8 hours between finishing work on one shift of ordinary hours (including any overtime worked immediately after it) and starting work on the next shift of ordinary hours (including any overtime worked immediately before it).

(b) Clause 14.4(c) applies to an employee who starts working overtime immediately before a shift of ordinary hours without having had 8 hours off work since finishing the immediately preceding shift of ordinary hours (including any overtime worked immediately after it).

(c) Subject to clause 14.4(d), the employee must be released after completing the overtime until the employee has had a break of 8 consecutive hours without suffering any loss of pay for ordinary hours not worked during that break.

(d) If, on the instructions of the employer, the employee resumes or continues work without having had 8 hours off duty, the employer must pay the employee at the rate of 200% of the employee’s minimum hourly rate until the employee has a break of 8 consecutive hours. The employee must not suffer any loss of pay for ordinary hours not worked during the period of that break.

14.5 Long breaks

(a) An employee on a roster cycle of a length specified in column 1 of Table 3—Long breaks is entitled to long breaks of continuous time off work in that roster cycle as specified in column 2:

(b) The employer must not roster an employee on a roster cycle of any length to work more than a total of 48 ordinary hours without a long break of at least 48 continuous hours.

Part 4—Wages and Allowances

15. Minimum rates

15.1 An employer must pay an employee the rate applicable to the employee’s classification specified in column 1 of Table 4—Minimum rates for ordinary hours of work.

15.2 Higher duties

(a) An employer must pay an employee who performs for more than 4 hours on any particular day or shift duties of a classification higher than the employee’s ordinary classification, the minimum hourly rate specified in column 3 of Table 4—Minimum rates for that higher classification for the whole of that day or shift.

(b) An employer must pay an employee who performs for 4 hours or less on any particular day or shift duties of a classification higher than the employee’s ordinary classification, the minimum hourly rate specified in column 3 of Table 4—Minimum rates for that higher classification for the time during which those duties were performed.

15.3 National training wage

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

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

16. 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.

16.1 The employer may determine the pay period of an employee as being either weekly or fortnightly.

16.2 Wages must be paid by no later than the following days in a pay week:

(a) Wednesday, if Friday of that week is a public holiday; or

(b) Friday, if any day of that week other than Friday is a public holiday; or

(c) Thursday, in any other case.

16.3 Wages may be paid by cheque or electronic funds transfer into a bank account nominated by the employee.

16.4 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(b) The requirement to pay wages and other amounts under clause 16.4(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

17. 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.

17.1 Clause 17 gives employees an entitlement to monetary allowances of specified kinds in specified circumstances.

17.2 First aid allowance

(a) Clause 17.2 applies to an employee who:

(b) The employer must pay the employee a first aid allowance of $5.92 per shift up to a maximum of $29.43 per week.

17.3 Firearm allowance

17.4 Broken shift allowance

17.5 Supervision allowance

(a) 1 to 5 employees—$36.74 per week; or

(b) 6 to 10 employees—$42.40 per week; or

(c) 11 to 20 employees—$55.03 per week; or

(d) Over 20 employees—$64.95 per week.

17.6 Relieving officer allowance

(a) The employer must pay the employee who is appointed as a relieving officer an allowance of $36.40 per week.

(b) While it is not necessary for a relieving shift to be shown on a roster, an employer must, if possible, give a relieving officer at least 24 hours’ notice of a relieving shift.

17.7 Aviation allowance

17.8 Meal allowance

(a) Clause 17.8 applies to an employee who:

(b) The employer must pay the employee a meal allowance of $17.01.

17.9 Vehicle allowance

(a) Clause 17.9 applies if an employer requires an employee to use their own motor vehicle or motor cycle in performing their duties.

(b) The employer must pay the employee a vehicle allowance for each kilometre travelled as follows:

17.10 Torch and uniform

(a) If the employer requires an employee to use a torch, the employer must supply the employee with a torch and batteries.

(b) If the employer requires an employee to wear a uniform, the employer must supply the employee with the uniform or reimburse the employee for the cost of purchasing it.

18. Superannuation

18.1 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.

18.2 Employer contributions

18.3 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 18.2.

(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 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.

18.4 Superannuation fund

(a) AustralianSuper;

(b) Sunsuper;

(c) 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

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

18.5 Absence from work

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

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

Part 5—Overtime and Penalty Rates

19. Overtime

NOTE: Under the NES (see section 62 of the Act) an employee may refuse to work additional hours if they are unreasonable. Section 62 sets out factors to be taken into account in determining whether the additional hours are reasonable or unreasonable.

19.1 Restriction on amount of overtime

19.2 Payment of overtime

(a) An employer must pay a full-time employee at the overtime rate for any time worked in excess of their ordinary hours.

(b) An employer must pay a part-time employee at the overtime rate for any time worked in excess of the number of ordinary hours agreed under clause 10.3 (Part-time employment) as varied.

19.3 Overtime rates

(a) The overtime rate is the relevant percentage specified in column 2 of Table 5—Overtime rates (depending on when the overtime was worked as specified in column 1) of the employee’s minimum hourly rate applicable under Table 4—Minimum rates.

(b) If a period of overtime starts on one day and continues into the next day, the overtime rate applicable to the portion worked on each day is the appropriate rate for that day.

(c) Except as provided by clause 19.3(b), overtime worked on any day stands alone from overtime worked on any other day.

19.4 Time off instead of payment for overtime

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

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 19.4.

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

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

(e) Time off must be taken:

(f) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.4(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(g) The employer must keep a copy of any agreement under clause 19.4 as an employee record.

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

(i) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.4 will apply, including the requirement for separate written agreements under clause 19.4(b), in relation to overtime that has been worked.

(j) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.4 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

19.5 Call back

(a) Clause 19.5 applies when an employer requires an employee to return to work for any reason after completing their ordinary working time, irrespective of whether the employee is notified of the requirement before or after leaving the workplace.

(b) The employer must pay the employee at the appropriate rate of pay for the minimum number of hours specified in Table 6—Call back for an attendance at work specified in column 2 of that Table.

(c) Clause 19.5 does not apply if a period of duty is continuous (subject to a reasonable meal break) with finishing or beginning ordinary working time.

20. Penalty rates

20.1 Clause 20 sets out penalty rates for hours worked at specified times or on specified days that are not required to be paid at the overtime rate mentioned in clause 19.2Payment of overtime.

20.2 An employer must pay an employee as follows for hours worked by the employee during a period, or on a day, specified in column 1 of Table 7—Penalty rates:

(a) for a full-time or part-time employee, at the percentage specified in column 2 of that Table of the minimum hourly rate of the employee; or

(b) for a casual employee, at the percentage specified in column 3 of that Table of the minimum hourly rate of the employee.

Column 1
Period or day

Column 2
Full-time and part-time employees
% of minimum hourly rate

Column 3
Casual employees
% of minimum hourly rate (inclusive of casual loading)

6.00 am to 6.00 pm Monday to Friday excluding a public holiday

100%

125%

Midnight to 6.00 am and 6.00 pm to midnight –Monday to Friday excluding hours on a day that is a public holiday

121.7% or, for an employee on permanent night work, 130%

146.7% or, for an employee on permanent night work, 155%

Saturday

150%

175%

Sunday

200%

225%

Public holiday

250%

275%

20.3 For the purposes of Table 7—Penalty rates, an employee is on permanent night work over the whole period of a roster cycle if more than two-thirds of the employee’s ordinary shifts comprise or include the period between midnight and 6.00 am.

Part 6—Leave and Public Holidays

21. Annual leave

NOTE: Where an employee is receiving over-award payments resulting in the employee’s base rate of pay being higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

21.1 Annual leave is provided for in the NES. It does not apply to casual employees.

21.2 Additional paid annual leave for certain shiftworkers

(a) Clause 21.2 applies to an employee who:

(b) The employee is a shiftworker for the purposes of the NES (entitlement to an additional week of paid annual leave).

21.3 Payment for annual leave

(a) Before the start of a period of annual leave, the employer must pay the employee for the employee’s ordinary hours of work in that period the greater of:

(b) An employee paid by electronic funds transfer may be paid in accordance with their usual pay period while on paid annual leave.

(c) An employee who has a period of untaken paid leave when the employment of the employee ends is entitled to be paid:

(d) The cash value of board or lodging mentioned in clause 21.3(c)(iii) is its cash value as fixed by or under the employee’s terms of employment or, if not so fixed, calculated at the rate of $2.68 per week for board and $1.36 per week for lodging.

21.4 Temporary close-down

(a) Clause 21.4 applies if an employer:

(b) The employer must give the affected employees at least 28 days’ written notice of a temporary close down period.

(c) The employer must give immediate written notice of a temporary close down period to any employee who is engaged after the notice is given under clause 21.4(b) and who will be affected by that period.

(d) The following applies to any affected employee during a temporary close down period:

(e) An employee must be taken not to be on leave on any public holiday that falls during a temporary close down period. The employer is to pay the employee for the public holiday as the Award requires.

(f) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 21.8, to which an entitlement has not been accrued is to be taken into account.

21.5 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 21.2).

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

(c) Clause 21.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 21.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

21.6 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 21.5(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 21.6(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 21.6(a) that is in effect.

(d) An employee to whom a direction has been given under clause 21.6(a) may request to take a period of paid annual leave as if the direction had not been given.

21.7 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.5(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 21.7(a) if:

(c) A notice given by an employee under clause 21.7(a) must not:

(d) An employee is not entitled to request by a notice under clause 21.7(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker as defined by clause 21.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 21.7(a).

21.8 Annual leave in advance

(a) An employer and an individual 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) 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 21.8, 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.

21.9 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.9(c).

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.9(c).

(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 21.9(c) must state:

(e) An agreement under clause 21.9(c) 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 21.9(c) as an employee record.

21.10 Payment of accrued annual leave on termination

22. Personal/carer’s leave and compassionate leave

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

23. Parental leave and related entitlements

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

24. Community service leave

Community service leave is provided for in the NES.

25. 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.

26. Public holidays

26.1 Public holiday entitlements are provided for in the NES.

26.2 Substitution of public holidays by agreement

(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.

26.3 Part-day public holidays

Part 7—Consultation and Dispute Resolution

27. Consultation about major workplace change

27.1 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.

27.2 For the purposes of the discussion under clause 27.1(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.

27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

27.4 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 27.1(b).

27.5 In clause 27 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.

27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.

28. Consultation about changes to rosters or hours of work

28.1 Clause 28 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.

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

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

(a) provide to the employees and representatives mentioned in clause 28.2 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.

28.4 The employer must consider any views given under clause 28.3(b).

28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

29. Consultation about change of contract

29.1 Clause 29 applies where an employer decides not to seek a renewal of a contract to perform security services work or is notified that such a contract to which the employer is a party is to be, or is likely to be, terminated.

29.2 The employer must, at least 28 days (or as soon as practicable if that is later than 28 days) before the contract is due to end, give written notice of the situation to the affected employees and their representatives (if any), including the date on which the contract is due to end.

29.3 The employer must, in the notice under clause 29.2, specify any options available for suitable alternative employment with the employer in the event that the contract ends.

29.4 The employer must give written notice to any affected employees who are offered suitable alternative employment with the employer of the offer, including the location at which the work is proposed to be performed, the proposed hours of work and the proposed rates of pay.

29.5 The employer must give a written notice to any employee who is not offered suitable alternative employment with the employer that:

(a) gives details of the employee’s accrued statutory and award entitlements on termination of the employee’s employment (including accrued annual leave); and

(b) contains a statement of the employee’s service with the employer (including the length of that service, their hours of work, their classification and the shifts they worked); and

(c) invites the employee to notify the employer if they consent to the employer giving their name to the incoming contractor so that they may be considered for employment with that contractor.

29.6 The employer must provide to the incoming contractor a list of the names of employees who have consented to their name being provided to that contractor so that they may be considered for employment with that contractor.

29.7 The employer must take steps to organise a meeting between the incoming contractor and those employees who are not offered suitable alternative employment with the employer.

30. Dispute resolution

30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

30.2 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.

30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, 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.

30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.

30.5 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.

30.6 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.

30.7 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 30.

30.8 While procedures are being followed under clause 30 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.

30.9 Clause 30.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

31. Termination of employment

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

31.1 Notice of termination by an employee

(a) Clause 31 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 8—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 31.1(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 31.1(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 31.1(b), then no deduction can be made under clause 31.1(d).

(f) Any deduction made under clause 31.1(d) must not be unreasonable in the circumstances.

31.2 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 31.2 is to be taken at times that are convenient to the employee after consultation with the employer.

32. Redundancy

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

32.1 Transfer to lower paid duties on redundancy

(a) Clause 32.1 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 32.1(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.

32.2 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 32 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.

32.3 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 32.3(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 32.3(b).

(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 31.2.

32.4 Change of contract

(a) Clause 32.4 applies in addition to clauses 27Consultation about major workplace change, 28Consultation about changes to rosters or hours of work and 29Consultation about change of contract and section 120(1)(b)(i) of the Act, and applies on the change to the contractor who provides security services to a particular client from one security contractor (the outgoing contractor) to another (the incoming contractor).

(b) Section 119 of the Act does not apply to an employee of the outgoing contractor where:

(c) To avoid doubt, section 119 of the Act does apply to an employee of an outgoing contractor where the employee is not offered acceptable employment with either the outgoing contractor or the incoming contractor.

Schedule A—Classification Definitions
A.1 Security Officer Level 1
A.1.1 A Security Officer Level l:

A.1.2 Indicative of the tasks that an employee at this level may perform are the following:

A.2 Security Officer Level 2
A.2.1 An employee at this level performs work above and beyond the skills of a Security Officer Level 1 and to the level of their skills, competence and training.
A.2.2 A Security Officer Level 2:

A.2.3 Indicative of the tasks that an employee at this level may perform are the following:

A.2.4 A Security Officer Level 2 may be required to perform duties of a Security Officer Level l that are not designed to promote deskilling.
A.3 Security Officer Level 3
A.3.1 A Security Officer Level 3 works above and beyond the skills of an employee at Levels 1 and 2, and to the level of their skills, competence and training.
A.3.2 A Security Officer Level 3:

A.3.3 Indicative of the tasks that an employee at this level may be required to perform are the following:

A.3.4 A Security Officer Level 3 may be required to perform duties of Security Officers at Levels 1 and 2 that are not designed to promote deskilling.
A.4 Security Officer Level 4
A.4.1 A Security Officer Level 4 works above and beyond an employee at Levels 1, 2 and 3, and to the level of their skills, competence and training.
A.4.2 A Security Officer Level 4:

A.4.3 Indicative of the tasks that an employee at this level may be required to perform are the following:

A.4.4 A Security Officer Level 4 may be required to perform duties of security officers at Levels 1, 2 and 3 that are not designed to promote deskilling.
A.5 Security Officer Level 5
A.5.1 A Security Officer Level 5 works above and beyond an employee at Levels l, 2, 3 and 4 and to the level of their skills, competence and training and may co-ordinate the work of Security Officers working in a team environment within a monitoring centre.
A.5.2 A Security Officer Level 5:

A.5.3 Indicative of the tasks that an employee at this level may be required to perform are the following:

A.5.4 A Security Officer Level 5 may be required to perform duties of security officers at Levels 1, 2, 3 and 4 that are not designed to promote deskilling.

Schedule B—Summary of Hourly Rates of Pay
B.1 Full-time and part-time employees—ordinary and penalty rates

 

Day

Night

Permanent Night1

Saturday

Sunday

Public holiday

 

% of minimum hourly rate

 

100%

121.7%

130%

150%

200%

250%

 

$

$

$

$

$

$

Security Officer Level 1

21.90

26.65

28.47

32.85

43.80

54.75

Security Officer Level 2

22.53

27.42

29.29

33.80

45.06

56.33

Security Officer Level 3

22.91

27.88

29.78

34.37

45.82

57.28

Security Officer Level 4

23.29

28.34

30.28

34.94

46.58

58.23

Security Officer Level 5

24.05

29.27

31.27

36.08

48.10

60.13

1 See clause 20.3 (Penalty rates)

B.2 Full-time and part-time employees—overtime rates

 

Monday to Saturday – first 2 hours

Monday to Saturday – after 2 hours

Sunday – all day

Public holiday – all day

 

% of minimum hourly rate

 

150%

200%

200%

250%

 

$

$

$

$

Security Officer Level 1

32.85

43.80

43.80

54.75

Security Officer Level 2

33.80

45.06

45.06

56.33

Security Officer Level 3

34.37

45.82

45.82

57.28

Security Officer Level 4

34.94

46.58

46.58

58.23

Security Officer Level 5

36.08

48.10

48.10

60.13

B.3 Casual employees—ordinary and penalty rates

 

Day

Night

Permanent Night1

Saturday

Sunday

Public holiday

 

% of minimum hourly rate

 

125%

146.7%

155%

175%

225%

275%

 

$

$

$

$

$

$

Security Officer Level 1

27.38

32.13

33.95

38.33

49.28

60.23

Security Officer Level 2

28.16

33.05

34.92

39.43

50.69

61.96

Security Officer Level 3

28.64

33.61

35.51

40.09

51.55

63.00

Security Officer Level 4

29.11

34.17

36.10

40.76

52.40

64.05

Security Officer Level 5

30.06

35.28

37.28

42.09

54.11

66.14

1 See clause 20.3 (Penalty rates)

Schedule C—Summary of Monetary Allowances

See clause 17Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2Definitions as the minimum rate for a Security Officer Level 3 in Table 4—Minimum rates= $870.70.

C.1.2 Adjustment of wage-related allowances

C.2 Expense-related allowances:
C.2.1 The expense-related allowances in this award will be adjusted by reference to the Consumer Price Index (CPI) as per the following:

C.3 Adjustment of expense-related allowances
C.3.1 At the time of any adjustment to standard rate, 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.
C.3.2 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:

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Amount of overtime worked: _______ hours and ______ minutes

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule E—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 F—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 G—Part-day Public Holidays

G.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
G.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:

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

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

G.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.