MA000010  PR718704 [Note: a correction and a further correction have 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)

MANUFACTURING AND ASSOCIATED INDUSTRIES AND OCCUPATIONS AWARD 2010
[MA000010]

Manufacturing and associated industries

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 30 APRIL 2020

4 yearly review of modern awards – Manufacturing and Associated Industries and Occupations Award 2010 – modern award varied.

A. Further to the decision [[2020] FWCFB 1814] issued by the Full Bench of the Fair Work Commission on 27 April 2020, the Manufacturing and Associated Industries and Occupations 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 29 May 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 29 May 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Manufacturing and Associated Industries and Occupations Award 2020

Table of Contents

Part 1— Application and Operation of this Award 4
1. Title and commencement 4
2. Definitions 4
3. The National Employment Standards and this award 9
4. Coverage 10
5. Award flexibility 15
6. Requests for flexible working arrangements 17
7. Facilitative provisions 18
Part 2— Types of Employment 21
8. Types of employment 21
9. Full-time employees 21
10. Part-time employees 21
11. Casual employees 22
12. Apprentices 24
13. School-based apprentices 29
14. Cadets 29
15. Trainees 34
16. Unapprenticed juniors 35
Part 3— Hours of Work 35
17. Ordinary hours of work and rostering 35
18. Breaks 38
19. Ship trials 39
Part 4— Wages, Allowances and Classifications 40
20. Minimum rates 40
21. Apprentice minimum rates 45
22. Adult apprentice minimum rates 52
23. Cadet minimum rates 52
24. Trainee minimum rates 54
25. Unapprenticed junior minimum rates 57
26. Extra rates not cumulative 58
27. Payment of wages 58
28. Annualised wage arrangements 59
29. Employer and employee duties 62
30. Allowances and special rates 62
31. Superannuation 75
Part 5— Overtime and Penalty Rates 77
32. Overtime 77
33. Penalty Rates 84
Part 6— Leave and Public Holidays 86
34. Annual leave 86
35. Personal/carer’s leave and compassionate leave 92
36. Parental leave and related entitlements 92
37. Community service leave 92
38. Unpaid family and domestic violence leave 92
39. Absence from duty 92
40. Public holidays 93
Part 7— Consultation and Dispute Resolution 94
41. Consultation 94
42. Dispute resolution 95
43. Dispute resolution procedure training leave 96
Part 8— Termination of Employment and Redundancy 97
44. Termination of employment 97
45. Redundancy 97
Part 9— Vehicle manufacturing employees 98
46. Coverage of Part 9 of this award 98
47. Casual loading for vehicle manufacturing employees in the technical field 99
48. Payment of fees for vehicle manufacturing trainees 99
49. Ordinary hours of work—shiftworkers—vehicle manufacturing employees 99
50. Meal break—vehicle manufacturing employees in the technical field 100
51. Tea breaks—Vehicle manufacturing employees 101
52. Junior tracers in the technical field—vehicle manufacturing employees 101
53. Allowances and related matters—vehicle manufacturing employees 101
54. Accident pay—Vehicle manufacturing employees 103
55. Shiftwork and rates—vehicle manufacturing employees 105
56. Overtime—vehicle manufacturing employees 106
Schedule A —Classification Structure and Definitions 110
Schedule B —Vehicle Manufacturing Employees—Skill Level Definitions—Trades, Non-trades, Post-trades, Drivers, Technicians/ Technical Officers and Supervisors/Trainers/Coordinators 130
Schedule C —Summary of Hourly Rates 150
Schedule D —Summary of Monetary Allowances 156
Schedule E —Supported Wage System 163
Schedule F —School-based Apprenticeships 166
Schedule G —National Training Wage 167
Schedule H — Agreement for time off instead of payment for overtime 176
Schedule I — Agreement to Take Annual Leave in Advance 177
Schedule J —Agreement to Cash Out Annual Leave 178
Schedule K —Agreement for time off instead of payment for overtime 179
Schedule L —Part-day Public Holidays 180

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Manufacturing and Associated Industries and Occupations Award 2020.

1.2 This modern award, as varied, commenced operation on 1 January 2010.

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

2. Definitions

In this award, unless the contrary intention appears:

(a) in the case of a ship, inside complete tanks, chain lockers and peaks, under engine beds, under engine room and stockhold floors, or under or inside boilers;

(b) in other cases, inside boilers, steam drums, mud drums, fire boxes of vertical or road vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters or economisers; and

(c) work on the inside of tanker type vehicles such as those used in carrying petrol, milk, flour, cement and the like, but not other work on vehicles.

(a) when 2 or more drivers are employed at the plant at one time, the engine driver who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility; or

(b) an engine driver who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility over one or more non-certified firepersons; or

(c) a person who is the only engine driver employed on the plant and who does the general repair work of the plant in addition to the work of engine driving, other than merely assisting a fitter or engineer to do such work; or

(d) where shifts are worked, the engine driver who in addition to the work of engine driving is directed to carry out the general repair work of the plant, other than merely assisting a fitter or engineer to do such work.

(a) electrical/electronic stream which includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all electrical and electronic devices, systems, equipment and controls, such as electrical wiring, motors, generators, PLCs and other electronic controls, instruments, refrigeration, telecommunications, radio and television, and communication and information processing.

(b) mechanical stream which includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all mechanical equipment, machinery, fluid power systems, automotive mechanics, instruments and refrigeration, and the use of related computer controlled equipment, such as Computer Numeric Controlled machine tools.

(c) fabrication stream which includes fabrication in all materials, forging, carpentry, plumbing, founding, structural steel erection, electroplating, metal spinning, metal polishing and sheet metal work and the use of related computer controlled equipment.

(a) the boiler attendant or fireperson employed at a plant where 3 or more firepersons are employed at the same time who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility, but does not include any boiler attendant or fireperson where an engine driver is charged with being in charge of plant; or

(b) the boiler attendant or fireperson employed at a plant where 3 or more attendants or firepersons are employed at the same time whose duty is to attend to the water of the boilers that are fitted by 2 or more of the other boiler attendants or firepersons.

(a) the boiler attendant or fireperson employed at a plant where 2 boiler attendants or firepersons are employed at the same time who is invested with the superintendence or has to accept the superintendence or responsibility, but does not include any boiler attendant or fireperson where an engine driver is charged with being in charge of the plant; or

(b) the boiler attendant or fireperson employed at a plant where 2 boiler attendants or firepersons are employed at the same time and whose duty it is to attend to the water of the boilers that are fired by the other fireperson.

(a) the planning of operations, methods or processes including the estimation of requirements of labour, tools or other equipment or components of goods by engineering processes; or

(b) the performing of routine tasks requiring engineering skill or knowledge, such as calculations or analysis of technical information, in trades involving structural engineering or the manufacture of agricultural implements, machine tools, motor cars and other vehicles, or electrical goods and equipment.

(a) all repair work done on ships; or

(b) all work, other than the making of spare parts and stores, done in a workshop used for ship repairs only; or

(c) work done in a workshop used for ship repairing, general engineering, metal moulding, steel construction and other heavy metal fabrication on which employees are engaged both on the ship and in the workshop.

(a) in the conducting of scientific or engineering work on:

(b) in assisting in the operations set out in (a)(i) and/or (a)(ii) by:

(a) trade field which includes employees who possess as a minimum qualification a trade certificate in any of the engineering streams or a Certificate IV in Engineering including Higher Engineering Trades or Special Class Trades.

(b) technical field which includes:

(c) engineering/manufacturing field which includes employees primarily engaged in production work including production, distribution, stores and warehousing, which does not require a qualification in the trade, technical, professional or supervisory fields.

(d) supervisor/trainer/coordinator field which includes employees who are or who are mainly:

(e) professional field includes employees who possess an academic qualification which enables the employee to become a graduate member of the Institute of Engineers, Australia or an academic qualification in science set out in the Academic Schedule appearing in the Professional Employees Award 2010.

3. The National Employment Standards and this award

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

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

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

4. Coverage

4.1 This award covers employers throughout Australia of employees in the Manufacturing and Associated Industries and Occupations who are covered by the classifications in this award and those employees.

4.2 The award does not cover:

(a) an employer who is outside the scope of clause 4.8(a) or (b) unless such an employer employs an employee covered by clause 4.8(c) and the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee; or

(b) exempt employers and employees, as set out in clause 4.10.

4.3 This award does not cover:

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

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

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

4.4 This award covers any employer which supplies labour on an on-hire basis in the manufacturing and associated industries and occupations 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.

4.5 This award covers any employer which supplies on-hire employees in occupations set out in clause 4.8(c) covered by the classifications in this award 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.

4.6 Clauses 4.4 and 4.5 operate subject to exclusions from coverage in this award.

4.7 This award covers employers which provide group training services for apprentices and/or trainees engaged in the manufacturing and associated industries and occupations and/or parts of those industries and/or occupations set out at clause 4.8 and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.8 are being performed. Clause 4.7 operates subject to the exclusions from coverage in this award.

4.8 Manufacturing and Associated Industries and Occupations means:

(a) the following industries and parts of industries:

(b) the provision of any of the operations or services set out in clause 4.8(a) on a contract basis by one business to another business, where the first business is independent of the second business.

(c) the following occupations:

4.9 For the purposes of clause 4.8(a)(i), the products, structures, articles, parts, components, materials and substances include:

(a) all products made from, or containing, steel, iron, metal, sheet metal, tin, brass, copper and non-ferrous metal.

(b) melting and smelting of metals.

(c) articles made from wire and the drawing and insulation of wire.

(d) industrial gases.

(e) ships, boats, barges and marine vessels of all descriptions, and components.

(f) aircraft and components.

(g) locomotives, rolling stock, railway line and components.

(h) motor engines, motor cars, motor cycles and other motor driven vehicles and components.

(i) industrial machinery.

(j) tools, saws, dies, gauges and moulds.

(k) electrical, electronic, telecommunications, lighting, radio, television and X-ray products, equipment, apparatus, installations, appliances, devices and signs.

(l) recording, measuring and controlling devices for electricity, fluids, gases, heat, temperature, pressure, time, weight, mass, etc.

(m) stoves, ovens, steam cookers, refrigerators, kitchenware, household utensils, irons, radiators, heaters, furniture, toys, sporting goods, perambulators, window frames, agricultural implements, machinery and appliances, safes, strong rooms, wet batteries, dry batteries, metallic containers, canisters, drums, lifts, elevators, air-conditioning plant/equipment, bridges, girders, gates, fences, frames, engine packing, brushes and brooms.

(n) insulation materials and articles.

(o) clay and ceramic articles, including but not limited to bricks, refractory bricks, terra cotta products, tiles, pipes, pottery, tableware and flowerpots.

(p) jewellery, watches and clocks (including cases), badges, name-plates, precious metal products and precious stones.

(q) medical and optical instruments, appliances and equipment, including but not limited to spectacles, contact lenses and artificial limbs.

(r) brake linings, disc pads, clutch facings and other friction materials for automotive or other industrial applications.

(s) all products made from or containing plastic or rubber, or substitutes for plastic or rubber.

(t) synthetic resins, powders, tablets, etc, used in the plastics industry.

(u) duperite, bakelite, casein or similar compositions, synthetic rubberlikes, guttaperchalikes, rubberlike plastics, nitrocellulose, celluloid, leathercloth and elastomers.

(v) thermoplastics and thermo-setting plastics, cellulose plastics, perspex, cellulose acetate butyrate, polymethyl methacrylate, nylon 66, polyethylene terepthalate, acronitrile-butadiene-styrene, epoxy resins, laminates of all descriptions, polymers of all descriptions and all long chain organic materials generally known as plastics.

(w) transmission cables which encompasses power and communication cables (including single strand) whether insulated or not.

(x) abrasive wheels and stones, bounded abrasives, articles or goods containing a thermoplastic and/or a thermosetting plastic and allied products.

(y) all types of tapes including pressure sensitive tapes, cellulose adhesive tape, masking, cloth, metal, paper, plastic tapes in rolls or sheet form, films, papers or cloth surface coated with abrasives, and abrasive coated materials and abrasive coated and/or uncoated articles of all descriptions, impregnated and/or coated or uncoated films, papers or cloths, plastic ribbons, adhesives, laminates, sealers, coatings and elastic cements, and associated machinery and/or dispensing equipment using any of the above products.

(z) gelatine, glue, agar, and their by-products, dried residues, filter earth dextrine and adhesives of all descriptions, and other like materials.

(aa) artificial fertilizers, chemicals, alkalis and all processes involving chemical synthesis.

(bb) fungicides, insecticides, vermin destroyer and weed destroyer (except for spraying, fumigating, poisoning or otherwise applying such substances).

(cc) paint, decorative or protective surface coatings or coverings and associated products.

(dd) rope, cordage, twine, yarn, thread and braid made from jute or flax and/or any fibre or synthetic fibre in substitution therefore and all products made from such rope, cordage, twine, yarn, thread and braid.

(ee) skins, pelts, leather, canvas, fibre, vulcanised fibre, webbing, bark and other tanning extracts and all substitutes and all products made therefrom, including but not limited to saddles, harnesses, whips, machine belting, sporting goods, travel goods, handbags, wallets, belts, gloves, hats, sails, tents, tarpaulins, umbrellas, parachutes, car seats, gaskets, beach shelters, deck chairs, cargo nets, shipsgear and life jackets.

(ff) all types of flat glass and fibreglass, and all substitutes, and all products made therefrom including but not limited to flint ware, bottles, containers, jars, bricks, light bulbs, opal ware, pyrex ware, translucent reinforced sheeting, tubing, rods and lamp shades.

(gg) gypsum, plasterboard, fibre cement and similar materials and all products made therefrom.

(hh) furnishings made from cane, bamboo and other like materials.

(ii) upholstery, furnishing drapery, blinds, screens, awnings, mattresses and bedding.

(jj) flooring products made from other than wood.

(kk) picture frames made from other than wood.

(ll) musical instruments made from other than wood.

(mm) non-food grocery products including candles, soap, soap powders and extracts, soda, blue (washing), boot blacking, boot polish, boot paste, boot stains, blacklead, charcoal, coal dust, cloudy ammonia, dubbin, ebonite shine, furniture polish, glycerine, greasers, harness dressing, harness compounds, ink, knife polish, kindlers, linoleum and oilcloth polish, metal polish, moulders, blacking, oils, phenyle, plumbargo preparations, stove polish, and vaseline.

(nn) refractory materials.

(oo) cork and cork products.

4.10 Manufacturing and Associated Industries and Occupations does not mean:

(a) plumbers, unless employed in establishments covered by this award.

(b) the sugar industry, unless the work is carried out by contractors covered by this award who are performing work in sugar mills, bulk sugar and molasses terminals, sugar refineries and sugar industry research organisations.

(c) security personnel.

(d) gardeners.

(e) cleaners, unless the cleaning work is incidental to the performance of other work covered by this award or the employee is employed most of the time in cleaning work in factories covered by this award, provided that this award does not cover contract cleaning companies.

(f) with regard to locomotives, rolling stock, railway lines and components, work carried out by employees of a Rail Transport Operator or on-site in the building and construction industry.

(g) with regard to transmission cables, installation and maintenance work carried out in the power industry, telecommunications industry or on-site in the building and construction industry.

(h) employees of electrical contractors, being any entity principally engaged in the business of providing electrical services on a contract basis.

(i) employers or employees engaged in glass and glazing work or glass and glazing contracting covered by the Joinery and Building Trades Award 2010.

5. Award flexibility

5.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of, are those concerning:

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

5.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under clause 5 can only be entered into after the individual employee has commenced employment with the employer.

5.3 The agreement between the employer and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 5.1; and

(b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

5.4 The agreement between the employer and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(b) state each term of this award that the employer and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and

(e) state the date the agreement commences to operate.

5.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

5.6 Except as provided in clause 5.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

5.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

5.8 The agreement may be terminated:

(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the employer and the individual employee.

5.9 The notice provisions in clause 5.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 5.8(a), subject to 4 weeks’ notice of termination.

5.10 The right to make an agreement pursuant to clause 5 is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

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 Agreement to vary award provisions

(a) This award also contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in clauses 7.2, 7.3 and 7.4.

(b) The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.

7.2 Facilitation by individual agreement

(a) The following facilitative provisions can be utilised by agreement between an employer and an individual employee:

Clause number

Provision

10.2

Minimum engagement for part-time employees

10.4

Variation to hours of part-time employment

11.3

Minimum engagement for casuals

17.7

Make-up time

18.5(b)

Meal break

28

Annualised wage arrangements

30.2(c)(iv)

Tool allowance

32.8

Time off instead of payment for overtime

32.11(e)

Rest break

32.12(e)

Rest period after overtime

34.6

Electronic funds transfer (EFT) payment of annual leave

34.12

Annual leave in advance

34.13

Cashing out of annual leave

40.4

Substitution of public holidays by agreement

47

Casual loading for vehicle manufacturing employees in the technical field

56.1

Time off in lieu of overtime—Vehicle manufacturing employees

56.2

Overtime crib breaks—Vehicle manufacturing employees

(b) The agreement reached must be kept by the employer as a time and wages record.

7.3 Facilitation by majority or individual agreement

(a) The following facilitative provisions can be utilised by agreement between the employer and the majority of employees in the workplace or a section or sections of it, or the employer and an individual employee:

Clause number

Provision

11.5(j)

Period for casual election to convert

17.2(c)

Ordinary hours of work for day workers on weekends

17.2(d)

Variation to the spread of hours for day workers

17.5

Methods of arranging ordinary working hours

18.1(b)

Working in excess of 5 hours without a meal break

27.1(b)

Payment of wages

33.2(c)

Variation to the spread of hours for shiftworkers

(b) Where agreement is reached between the employer and the majority of employees in the workplace or a section or sections of it to implement a facilitative provision in clause 7.3(a), the employer must not implement that agreement unless:

(c) Where no agreement has been sought by the employer with the majority of employees in accordance with clause 7.3(b), the employer may reach agreement with individual employees in the workplace or a section or sections of it and the agreement binds the individual employee provided the agreement reached is kept by the employer as a time and wages record and provided the agreement is only with an individual employee or a number of individual employees less than the majority in the workplace or a section or sections of it.

7.4 Facilitation by majority agreement

(a) The following facilitative provisions may only be utilised by agreement between the employer and the majority of employees in the workplace or a section or sections of it:

Clause number

Provision

17.3(e)

Ordinary hours of work, continuous shiftworkers

17.4(d)

Ordinary hours of work, non-continuous shiftworkers

17.5(c)

12 hour shifts

33.2(j)(v)

Public holiday shifts

34.5

Conversion of annual leave to hourly entitlement

34.7(g)

Annual close down

49.1

Ordinary hours of work—continuous shiftwork – vehicle manufacturing employees

49.2

Ordinary hours of work—other than continuous shiftwork—vehicle manufacturing employees

50

Meal break—vehicle manufacturing employees in the technical field

(b) Where agreement is reached with the majority of employees in the workplace or a section or sections of it to implement a facilitative provision in clause 7.4(a), that agreement binds all such employees provided the agreement reached is kept by the employer as a time and wages record.

7.5 Majority vote at the initiation of the employer

Part 2—Types of Employment

8. Types of employment

8.1 Employees under this award will be employed in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual.

9. Full-time employees

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

10. Part-time employees

10.1 An employee may be engaged to work on a part-time basis involving a regular pattern of hours which average less than 38 ordinary hours per week.

10.2 A part-time employee must be engaged and paid for a minimum of 4 consecutive hours per shift. In order to meet their personal circumstances a part-time employee may request and the employer may agree to an engagement for no less than 3 consecutive hours per day or shift. The agreement reached must be recorded by the employer on the employee’s time and wages record.

10.3 Before commencing part-time employment, the employee and employer must agree in writing on:

(a) the hours to be worked by the employee, the days on which they will be worked and the starting and finishing times for the work; and

(b) the classification applying to the work to be performed in accordance with Schedule A—Classification Structure and Definitions.

10.4 The terms of the agreement in clause 10.3 may be varied by consent in writing.

10.5 The employer must retain a copy of any agreement or variation made under clause 10.3 or 10.4 and provide a copy to the employee.

10.6 Except as otherwise provided in this award, a part-time employee must be paid for the hours agreed on in accordance with clauses 10.3 and 10.4.

10.7 The terms of this award will apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

10.8 A part-time employee who is required by the employer to work in excess of the hours agreed under clauses 10.3 and 10.4 must be paid overtime in accordance with clause 32Overtime.

10.9 Public holidays

(a) Where the part-time employee’s normal paid hours fall on a public holiday prescribed in the NES and work is not performed by the employee, the employee must not lose pay for the day.

(b) Where the part-time employee works on the public holiday, the part-time employee must be paid in accordance with clauses 17.2(g), 33.1(b), 33.2(j) and 32.7.

11. Casual employees

11.1 A casual employee is one engaged and paid as such.

11.2 Casual loading

(a) For working ordinary time, a casual employee must be paid:

(b) The casual loading constitutes part of the casual employee’s all-purpose rate.

(c) The resulting rate is the casual ordinary hourly rate.

(d) Where this award refers to a penalty rate or shift loading as being calculated as a percentage of the ordinary hourly rate, that reference will (for a casual employee) instead be taken to be a reference to the casual ordinary hourly rate if the entitlement is applicable to a casual employee.

(e) The 25% casual loading in clause 11.2 does not apply to vehicle manufacturing employees in the technical field covered by clause 4.8(a)(xi). The casual loading for these employees is prescribed in clause 47 in Part 9—Vehicle manufacturing employees of this award.

11.3 On each occasion a casual employee is required to attend work the employee must be paid for a minimum of 4 consecutive hours’ work. In order to meet their personal circumstances a casual employee may request and the employer may agree to an engagement for no less than 3 consecutive hours.

11.4 When engaging a casual employee, the employer must inform the employee:

(a) that the employee is being engaged as a casual employee;

(b) of the name of their employer;

(c) of their classification level and rate of pay; and

(d) of the likely number of hours they will be required to perform.

11.5 Casual conversion to full-time or part-time employment

(a) A casual employee, other than an irregular casual employee, who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of 6 months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process.

(b) Every employer of such an employee must give the employee notice in writing of the provisions of clause 11.5 within 4weeks of the employee having attained such period of 6 months. The employee retains their right of election under clause 11.5 if the employer fails to comply with clause 11.5(b).

(c) Any such casual employee who does not within 4 weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion.

(d) Any casual employee who has a right to elect under clause 11.5(a), on receiving notice under clause 11.5(b) or after the expiry of the time for giving such notice, may give 4 weeks’ notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within 4 weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably so refuse.

(e) Once a casual employee has elected to become and been converted to a full-time or part-time employee, the employee may only revert to casual employment by written agreement with the employer.

(f) If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with clause 11.5(d), the employer and employee must, subject to clause 11.5(d), discuss and agree on:

(g) An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed on between the employer and employee.

(h) Following such agreement being reached, the employee converts to full-time or part-time employment.

(i) Where, in accordance with clause 11.5(d) an employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

(j) Subject to clause 7.3, by agreement between the employer and the majority of the employees in the relevant workplace or a section or sections of it, or with the casual employee concerned, the employer may apply clause 11.5(a) as if the reference to 6 months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any such agreement reached must be kept by the employer as a time and wages record. Any such agreement reached with an individual employee may only be reached within the 2 months prior to the period of 6 months referred to in clause 11.5(a).

(k) For the purposes of clause 11.5, an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

11.6 An employee must not be engaged and re-engaged to avoid any obligation under this award.

12. Apprentices

12.1 The terms of this award apply to apprentices, including adult apprentices, except where otherwise stated. Apprentices may be engaged in trades or occupations that are provided for in clause 12 where declared or recognised by an apprenticeship authority. Subject to appropriate State legislation, an employer will not employ an unapprenticed junior in a trade or occupation provided for in clause 12.

12.2 For the purposes of clause 12, apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.

12.3 In any State in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.

12.4 An apprentice may be engaged under a training contract approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training contract is consistent with that established for the vocation in the training package determined from time to time by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, or its successors and endorsed by Innovation and Business Skills Australia or its successor. Such apprenticeships include but are not limited to the following trades: Engineering / Vehicle Tradesperson (Mechanical), Engineering / Vehicle Tradesperson (Fabrication), Engineering / Vehicle Tradesperson (Electrical/Electronic), Higher Engineering Tradesperson and Advanced Engineering Tradesperson. An apprentice may also be engaged where the qualification outcome specified in the training contract is consistent with the qualifications established for electrical vocations within the relevant electrical/utilities training package and endorsed by the National Skills Standards Council or its successor.

12.5 In respect of apprenticeships for Higher Engineering Tradesperson and Advanced Engineering Tradesperson:

(a) The classification on completion of a Higher Engineering Tradesperson apprenticeship is as a minimum the C10/V5 level. Where the apprentice is offered employment at the completion of their apprenticeship and such employment is in the area of the apprenticeship training, such that they are exercising or will be required to exercise the skills and knowledge gained during their apprenticeship necessary for a C7/V8 level of work, they must be classified at the C7/V8 level.

(b) The training program for each Higher Engineering Tradesperson apprentice is to be consistent with the minimum training requirement for the classification of the C7/V8 level Special Class Tradesperson, as determined from time to time by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, and as endorsed by Australian Industry Skills Committee. Each apprentice must also complete the requirements for a trade certificate as defined in clause 12.4, as part of the training program leading to the completion of the Certificate IV in Engineering.

(c) The training program for each Advanced Engineering Tradesperson apprentice is to be consistent with the minimum training requirement for the classification of the C5/V10 level Advanced Engineering Tradesperson, as determined from time to time by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, and as endorsed by Australian Industry Skills Committee. Each apprentice must also complete the requirements for a trade certificate as defined in clause 12.4, and a Certificate IV in Engineering as part of the training program leading to the completion of the Diploma of Engineering.

12.6 Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience.

12.7 The nominal period of the apprenticeship is 4 years; however, this period may be varied as follows:

(a) to make up for lost time as set out in clause 12.16; and/or

(b) with the approval of the relevant State or Territory apprenticeship authority, to recognise prior learning including vocational education and training in school, pre-apprenticeship programs and other prior learning, the nominal period may be shortened to reflect the proportion of the competencies already acquired; and/or

(c) it may be extended by up to 6 months in Stage 3 and 12 months in Stage 4 in the Advanced Engineering Tradesperson apprenticeship where required to complete the competencies.

12.8 Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when:

(a) the qualification specified in the training contract is successfully completed; and

(b) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training contract, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination; and

(c) the requirements of the relevant State/Territory apprenticeship authority and any requirements of the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, with respect to demonstration of competency and any minimum necessary work experience requirements are met; and

(d) with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.

12.9 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training contract and the requirements of State legislation and the apprenticeship authority.

12.10 The probationary period of an apprentice is as set out in the training contract consistent with the requirement of the apprenticeship authority and with State legislation but must not exceed 3 months.

12.11 Apprentice conditions of employment

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

12.12 The ordinary hours of employment of apprentices in each enterprise are not to exceed those of the relevant tradesperson.

12.13 The minimum rates applying to apprenticeships are dealt with in clause 21 and no apprentice is to work under a system of payment by results.

12.14 In order to undertake trade training in accordance with clauses 12.4 and 12.5 a person must be a party to a training contract in accordance with the requirements of the apprenticeship authority or State legislation. The employer must provide and/or provide access to training consistent with the training contract without loss of pay.

12.15 An apprentice under the age of 18 years is not required to work overtime or shiftwork unless such an apprentice so desires. No apprentice, except in an emergency, is to work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with their training contract.

12.16 Extension of nominal term

(a) The nominal period of the apprenticeship is extended by an additional day for each day of absence during each year of the apprenticeship, except in respect of absences due to annual leave or long service leave.

(b) Periods of paid personal/carer’s leave which total ten or less days in any apprenticeship year do not extend the nominal period of the apprenticeship.

(c) Except where the apprentice meets the competency requirements to progress to the next stage as set out in clause 21.7 the following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours must be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

12.17 Competency based progression

(a) For the purpose of competency based wage progression in clauses 21 and 22 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:

(b) If the employer disagrees with the assessment of the RTO referred to in clause 12.17(a)(iii)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(c) For the purposes of clause 12.17, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency” utilised for the purpose of the training packages and for the purpose of clause 12.17 is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(d) The apprentice will be paid the wage rate referred to in clause 12.17(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 12.17(a)(iii) or on a date as determined under the dispute resolution process in clause 12.17(b).

13. School-based apprentices

For provisions applying to school-based apprentices see Schedule F—School-based Apprenticeships.

14. Cadets

14.1 Cadets in the technical field

14.2 Technology Cadets

(a) For the purposes of clause 14.2:

(b) The Technology Cadetship consists of 4 Stages. A Technology Cadet may enter the Technology Cadetship at Stage 1, 2, 3 or 4 provided that the entry requirements for the relevant stage are met. Progression through the Technology Cadetship is competency based. Where on-the-job training, off-the-job training and assessment has been successfully completed for a particular stage, by agreement between the employer and the Technology Cadet in writing and with the consent of the relevant State or Territory Training Authority, the relevant stage of the Cadetship will conclude. The entry and progression requirements and the maximum duration for each stage of the Technology Cadetship are set out in the following table:

Classification

Entry and progression requirements

Maximum duration of technology cadetship

Technology Cadet
- Stage 1

A person at this level is undertaking a contract of training as a Technology Cadet at AQF 3 Level. At the conclusion of this Stage the person will have successfully completed the qualification.

Subject to clause 14.2(d) Stage 1 of the Technology Cadetship must not exceed 12 months. Provided that, where there has been unsatisfactory progress in training, this period may be extended by agreement between the employer and the Technology Cadet to 18 months.

Technology Cadet
– Stage 2

A person at this level is undertaking a contract of training as a Technology Cadet at AQF 4 Level. At the conclusion of this Stage the person will have successfully completed the qualification.

Where a Technology Cadet has completed Stage 1 and progresses to Stage 2 then, subject to clause 14.2(d), Stage 2 of the Technology Cadetship must not exceed one year. Provided that, where there has been unsatisfactory progress in training, this period may be extended by agreement between the employer and the Technology Cadet to 18 months.
Where a Technology Cadet enters the Cadetship at Stage 2 then, subject to clause 14.2(d), Stage 2 of the Technology Cadetship must not exceed 2 years. Provided that, where there has been unsatisfactory progress in training, this period may be extended by agreement between the employer and the Technology Cadet to 2.5 years.

Technology Cadet
– Stage 3

A person at this level is undertaking a contract of training as a Technology Cadet at AQF 5 Level. At the conclusion of this stage the person will have successfully completed the qualification.

Where a Technology Cadet has completed Stage 2 and progresses to Stage 3 then, subject to clause 14.2(d), Stage 3 of the Technology Cadetship must not exceed one year. Provided that, where there has been unsatisfactory progress in training, this period may be extended by agreement between the employer and the Technology Cadet to 18 months.

   

Where a Technology Cadet enters the Cadetship at Stage 3 then, subject to clause 14.2(d), Stage 3 of the Technology Cadetship must not exceed 3 years. Provided that, where there has been unsatisfactory progress in training, this period may be extended by agreement between the employer and the Technology Cadet to 3.5 years.

Technology Cadet
– Stage 4

A person at this level is undertaking a contract of training as a Technology Cadet at AQF 6 Level. At the conclusion of this Stage the person will have successfully completed the qualification.

Where a Technology Cadet has completed Stage 3 and progresses to Stage 4 then, subject to clause 14.2(d), Stage 4 of the Technology Cadetship must not exceed one year. Provided that, where there has been unsatisfactory progress in training, this period may be extended by agreement between the employer and the Technology Cadet to 18 months.

   

Where a Technology Cadet enters the Cadetship at Stage 4 then, subject to clause 14.2(d), Stage 4 of the Technology Cadetship must not exceed 4 years. Provided that, where there has been unsatisfactory progress in training, this period may be extended by agreement between the employer and the Technology Cadet to 4.5 years.

(c) Over the period of the Technology Cadetship, the Technology Cadet will spend an average of at least 20% of their time in approved training.

(d) Subject to clause 14.2(b), a Technology Cadet may be required by the employer to serve an additional day for each day of absence, except in respect of absences due to annual leave, long service leave, paid bereavement leave and public holidays. Any overtime that has been worked by the Technology Cadet must be credited when calculating the additional time that needs to be worked. The next stage of the Technology Cadetship must not commence until the additional days have been worked. Further, a person is not entitled to the wage rate for the next year within a stage of the Technology Cadetship until the additional days have been worked.

(e) Reasonable overtime may be worked by the Technology Cadet provided that it does not affect the successful completion of the approved training. No Technology Cadet is to work overtime or shiftwork on their own unless consistent with the provisions of this award.

(f) No Technology Cadet is to work shiftwork unless the shiftwork makes satisfactory provision for approved training.

(g) A Technology Cadet is subject to a satisfactory probation period of up to 3 months which may be reduced at the discretion of the employer.

(h) Technology Cadets who fail to either complete the Technology Cadetship or who cannot for any reason be placed in full-time employment with the employer on successful completion of the Technology Cadetship are not entitled to notice of termination or redundancy pay. Provided that, where a Technology Cadet was employed by an employer immediately prior to becoming a Technology Cadet with that employer and the employer terminates the employment of such Technology Cadet, they must receive:

(i) Subject to clause 14.2(h) termination of employment of Technology Cadets is dealt with in the training contract or in the relevant State or Territory training legislation. An employer initiating such action must give written notice to the Technology Cadet at the time the action is commenced.

(j) The Technology Cadet is permitted to be absent from work without loss of continuity of employment and/or wages to attend the approved training. Where the employment of a Technology Cadet by an employer is continued after the completion of the Technology Cadetship, the Technology Cadetship period must be counted as service for the purposes of any relevant award or legislative entitlements.

15. Trainees

15.1 The terms of this award apply to trainees covered by the National Training Wage provisions, trainees in the technical field and trainee engineers and trainee scientists, except where otherwise stated in this award.

15.2 A trainee in the technical field must be allowed reasonable time (not exceeding an average of 8 hours per week during a school term) for the purpose of attending classes in connection with the appropriate certificate course on the same basis as apprentices in the establishment are allowed time off for day time schooling. For this purpose, years of experience as a trainee is equivalent to years of apprenticeship.

15.3 The course of study each year for a trainee engineer or trainee scientist must be agreed between the employer and trainee so that the maximum attendance at the approved educational institution does not exceed 3 nights per week of 2 hours’ lecture or 3 hours’ practical work each. All other time necessary for attendance at the approved educational institution to permit compliance with the syllabus thereat must be allowed off during the day without loss of pay. In the event of disagreement between the employer and the trainee regarding the course of study for any year, the recommendation of the educational institution must be accepted.

15.4 A trainee engineer or trainee scientist is not obliged to work overtime when it interferes with studies and no trainee engineer or trainee scientist is to be employed on shiftwork except at their own request during academic vacations.

15.5 A trainee engineer or trainee scientist is to be allowed reasonable leave of absence without loss of pay for the purpose of sitting for examination in any subject or subjects being studied for the year.

16. Unapprenticed juniors

The terms of this award apply to unapprenticed juniors except where otherwise stated in this award.

Part 3—Hours of Work

17. Ordinary hours of work and rostering

17.1 Hours of work

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

(b) Facilitative provisions in clauses 17.2 to 17.5 operate in conjunction with clause 7.3 or clause 7.4 as relevant.

17.2 Ordinary hours of work—day workers

(a) Subject to clause 17.5, the ordinary hours of work for day workers are an average of 38 per week but not exceeding 152 hours in 28 days.

(b) The ordinary hours for day workers will not exceed 8 per day unless otherwise agreed in accordance with clause 17.5.

(c) The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Friday. The days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee.

(d) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (6.00 am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or, in appropriate circumstances, between the employer and an individual employee. Any change to regular rosters or hours of work is subject to the consultative provisions in clause 41.2.

(e) Any work performed outside the spread of hours must be paid for at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose, for example, of getting the plant in a state of readiness for production work is to be regarded as part of the 38 ordinary hours of work.

(f) Where agreement is reached in accordance with clause 17.2(c), the rate to be paid to a day worker for ordinary time worked is:

(g) A day worker required to work on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250% of the ordinary hourly rate. The 250% rate must be paid to the employee until the employee is relieved from duty.

17.3 Ordinary hours of work—continuous shiftworkers

(a) Clause 17.3 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The provisions relating to ordinary hours for continuous shiftworkers for these employees are prescribed in clause 49.1 of Part 9—Vehicle manufacturing employees of this award.

(b) Continuous shiftwork means worked carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

(c) Subject to clause 17.3(e), the ordinary hours of continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days. Continuous shiftworkers are entitled to a 20 minute meal break on each shift which must be counted as time worked. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause 41.2.

(d) The ordinary hours for continuous shiftworkers will not exceed 8 per shift unless otherwise agreed in accordance with clause 17.5.

(e) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed 12 months.

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

17.4 Ordinary hours of work—non-continuous shiftworkers

(a) Clause 17.4 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The provisions relating to ordinary hours for non-continuous shiftworkers for these employees are prescribed in clause 49.2 of Part 9—Vehicle manufacturing employees of this award.

(b) Subject to clause 17.4(d), the ordinary hours of work for non-continuous shiftworkers are an average of 38 per week and must not exceed 152 hours in 28 consecutive days.

(c) The ordinary hours for non-continuous shiftworkers will not exceed 8 per shift unless otherwise agreed in accordance with clause 17.5.

(d) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(e) The ordinary hours of work must be worked continuously, except for meal breaks, at the discretion of the employer.

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

17.5 Methods of arranging ordinary working hours

(a) Subject to the employer’s right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in clause 17.2(d) and the employer’s right to fix the commencing and finishing time of shifts from time to time, the arrangement of ordinary working hours must be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause 41.2.

(b) The matters on which agreement may be reached include:

(d) Payment for work on other than a rostered shift is in accordance with clause 33.2(g).

17.6 Daylight saving

17.7 Make up time

(a) An employee may elect, with the consent of the employer, to work make up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in this award.

(b) An employee on shiftwork may elect, with the consent of their employer, to work make up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the rate which would have been applicable to the hours taken off.

18. Breaks

18.1 Meal breaks

(a) in cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within 5 hours, an employee must not be required to work for more than 6 hours without a meal break; or

(b) by agreement between an employer and an individual employee or the majority of employees in an enterprise or part of an enterprise concerned, an employee or employees may be required to work in excess of 5 hours but not more than 6 hours without a meal break. Employees will be paid for the 6th hour at the rate applying immediately prior to the end of the 5th hour.

(c) Clause 50 of Part 9—Vehicle manufacturing employees of this award includes some additional provisions relating to meal breaks for vehicle manufacturing employees engaged in the technical field who are covered by clause 4.8(a)(xi).

18.2 Paid meal breaks—continuous shiftworkers

18.3 Paid breaks

18.4 Timing of taking breaks

(a) The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

(b) An employer may stagger the time of taking meal and rest breaks to meet operational requirements.

18.5 Working through meal breaks

(a) Subject to clause 18.1, an employee must work during meal breaks at the rate of pay applying to the employee immediately prior to the scheduled meal break whenever instructed to do so for the purpose of making good any breakdown of plant or for routine maintenance of plant which can only be done while the plant is idle.

(b) Except as otherwise provided in clause 18 and except where any alternative arrangement is entered into by agreement between the employer and the employee concerned, an employee must be paid as follows for all work done during meal hours and thereafter until a meal break is taken:

19. Ship trials

For an employee in the technical field engaged on ship trials, whether at wharf or in harbour or at sea, the following provisions also apply:

19.1 The employee’s time for the purpose of computing the time of trial duty is deemed to commence at the time the employee is instructed to be on board the vessel, provided the employee is ready to go aboard at that time, and is deemed to terminate at the time the employee gains contact with the shore. Where such contact is obtained by the vessel’s mooring at a wharf, contact is deemed to be gained when the gangway is lowered after mooring.

19.2 The maximum number of continuous hours the employee is required to be on duty is 12 hours. Should trials be planned for a longer duration a relief shift must be arranged before leaving wharf.

19.3 A reasonable time, not less than 30 minutes, or as otherwise agreed on, must be allowed for each meal. Lunch must be provided and the time of lunch must be, as far as practicable, between 12 noon and 2.00 pm. If the employee is required to be on board before 7.00 am breakfast must be provided, and if the trial continues after 6.00 pm a light dinner must be provided. Where shifts are being worked, adequate meals must be provided for each shift.

19.4 The employee must be paid 25% extra for time on duty while the vessel is at wharf and 50% extra for time on duty while the vessel is in harbour or at sea.

Part 4—Wages, Allowances and Classifications

20. Minimum rates

20.1 Adult employee minimum rates

(a) An adult employee, other than one specified in clause 20.1(d), within a level specified in the following table will be paid not less than the rate assigned to the appropriate classification, as defined in Schedule A—Classification Structure and Definitions and Schedule B—Vehicle Manufacturing Employees—Skill Level Definitions—Trades, Non-trades, Post-trades, Drivers, Technicians/ Technical Officers and Supervisors/Trainers/Coordinators:

Classification level

Minimum weekly rate
(full-time employee)

Minimum hourly rate

 

$

$

C14 / V1

740.80

19.49

C13 / V2

762.10

20.06

C12 / V3

791.30

20.82

C11 / V4

818.50

21.54

C10 / V5

862.50

22.70

C9 / V6

889.50

23.41

C8 / V7

916.60

24.12

C7

941.10

24.77

V8

943.60

24.83

C6 / V9

988.80

26.02

C5 / V10

1009.00

26.55

C4 / V11

1036.10

27.27

C3 / V12

1090.40

28.69

C2(a) / V13

1117.60

29.41

C2(b) / V14

1166.40

30.69

Driver classifications

   

D1

829.50

21.83

D2

839.60

22.09

D3

849.60

22.36

D4

861.60

22.67

(b) The rates in clause 20.1(a) prescribe minimum classification rates only. Employees may also be entitled to allowances, loadings or penalties under other clauses of this award.

(c) For the purposes of clause 20.1(a), any entitlement to a minimum rate expressed to be by the week means any entitlement which an employee would receive for performing 38 hours of work.

(d) The following adult employees are not entitled to the minimum rates set out in the table in clause 20.1(a):

(f) An employee commencing work in the technical field who is without the appropriate qualification for the C10/V5 level or above (or who is undertaking training in the qualifications prescribed) and who has not met the equivalent standard in accordance with clause 20.1(e) but who otherwise meets the requirements of the relevant classification definition must be paid in accordance with the following formula:

Years of relevant experience

% of C9/V6 level

0

83%

1

88%

2

95%

3

100%

(h) A Supervisor/Trainer/Coordinator—Technical is paid an allowance in accordance with clause 30.2(f), instead of the rates in clause 20.1(g).

20.2 Higher duties

(a) An employee engaged for more than 2 hours during one day or shift on duties carrying a higher minimum rate than their ordinary classification must be paid the higher minimum rate for such day or shift.

(b) If engaged on duties carrying a higher minimum rate for 2 hours or less during one day or shift, an employee must be paid the higher minimum rate for the time so worked.

20.3 Supported wage system

20.4 National training wage

20.5 Classifications

(a) The classification structure and definitions set out in Schedule A—Classification Structure and Definitions and Schedule B—Vehicle Manufacturing Employees—Skill Level Definitions—Trades, Non-trades, Post-trades, Drivers, Technicians/ Technical Officers and Supervisors/Trainers/Coordinators apply to employees covered by this award except where otherwise stated.

21. Apprentice minimum rates

21.1 Minimum rates for apprentices commencing or continuing an apprenticeship prior to 1 January 2014

Relevant attribute of the person at the time of entering into a training agreement as an apprentice

Stage of apprenticeship

Column 1

Column 2

Column 3

Column 4

Completed
Year 10 or less

Completed
Year 11

Completed
Year 12

Adult
(i.e. 21 years of age or over)

 

Minimum weekly rate

Minimum hourly rate

Minimum weekly rate

Minimum hourly rate

Minimum weekly rate

Minimum hourly rate

Minimum weekly rate

Minimum hourly rate

 

$

$

$

$

$

$

$

$

Stage 1

362.25

9.53

416.41

10.96

436.60

11.49

653.70

17.20

Stage 2

474.38

12.48

474.38

12.48

508.10

13.37

740.80

19.49

Stage 3

646.88

17.02

646.88

17.02

646.88

17.02

762.10

20.06

Stage 4

759.00

19.97

759.00

19.97

791.30

20.82

791.30

20.82

21.2 The table in clauses 21.1 and 21.6 apply to a Higher Engineering Tradesperson apprentice and an Advanced Engineering Tradesperson apprentice except that in Stage 4 a Higher Engineering Trade apprentice must receive a minimum rate of 88% of the C7/V8 level and an Advanced Engineering Tradesperson apprentice must receive a minimum rate of 88% of the C5/V10 level.

21.3 An apprentice who completes a Diploma of Engineering qualification must be paid 95% of the C5/V10 level minimum rates in the first year after completion of the apprenticeship and subsequently at the C5/V10 level rate of pay, provided that the qualification is relevant to the employment.

21.4 An employee who is under 21 years of age on the expiration of their apprenticeship and thereafter works as a minor in the occupation to which the employee was apprenticed must be paid at not less than the minimum rates prescribed for the classification.

21.5 The minimum rates in the table in clause 21.1 are established on the following basis:

Relevant attribute of the person at the time of entering into a training agreement
as an apprentice

Stage of apprenticeship

Column 1

Column 2

Column 3

Column 4

 

Completed
Year 10 or less

Completed
Year 11

Completed
Year 12

Adult
(i.e. 21 years of age or over)

Stage 1

42% of the C10/V5 trades rate

80% of the unapprenticed junior rate under this award for an 18 year old

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

National Training Wage Traineeship Skill Level B exit rate.

Stage 2

55% of the C10/V5 trades rate

55% of the C10/V5 trades rate

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

C14/V1 rate

Stage 3

75% of the C10/V5 trades rate

75% of the C10/V5 trades rate

75% of the C10/V5 rate

C13/V2 rate

Stage 4

88% of the C10/V5 trades rate

88% of the C10/V5 trades rate

C12/V3 rate

C12/V3 rate

21.6 Minimum rates for apprentices commencing an apprenticeship on and from 1 January 2014

 

Column 1

Column 2

Column 3

Stage of appren-ticeship

Has not completed Year 12

Has completed Year 12

Adult apprentice

 

% of C10/ V5

Min weekly rate

Hourly rate

% of C10/V5 or classi-fication

Min weekly rate

Hourly rate

% of C10/V5 or classi-fication

Min weekly rate

Hourly rate

1

50

431.25

11.35

55

474.38

12.48

80

690.00

18.16

2

60

517.50

13.62

65

560.63

14.75

C14/V1

740.80

19.49

3

75

646.88

17.02

75

646.88

17.02

C13/V2

762.10

20.06

4

88

759.00

19.97

C12/V3

791.30

20.82

C12/V3

791.30

20.82

21.7 Conditions for progression through each stage

(a) The minimum rates for each stage of the apprenticeship are set out in clauses 21.1 and 21.6. The conditions for progression to each stage are set out in the following tables:

22. Adult apprentice minimum rates

22.1 A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum rate by virtue of entering into the training contract. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 20.1 in which the adult apprentice was engaged immediately prior to entering into the training contract.

22.2 Subject to clause 22.1, the minimum rates for an adult apprentice are set out in Column 4 of the table in clause 21.1 and Column 3 of the table in clause 21.6 as determined by the relevant time period.

23. Cadet minimum rates

23.1 Cadet in the technical field

(a) The minimum rates for a cadet in the technical field are:

Year

% of C3/V12 Level

First year of contract of training

40%

Second year of contract of training

55%

Third year of contract of training

70%

(b) The cadet is not entitled to be classified at the C3/V12 level and paid 100% of the C3/V12 level minimum rate, notwithstanding the fact that the qualification may have been obtained, until the 3 year program is completed and the requirements of the C3/V12 level definition are met.

23.2 Technology cadet minimum rates

(a) The minimum rates for a technology cadet are:

Stage of technology cadetship

Technology cadets who completed Year 12, 3 or more years ago or who completed Year 10 or 11, 4 or more years ago

Other technology cadets

Technology cadets:

    • who are undertaking stage 1; or
    • who entered the cadetship at stage 2, 3 or 4 and are in the first year of training.

70% of the C9/V6 rate

53% of the C9/V6 rate

Technology cadets:

    • who have completed stage 1 and are undertaking stage 2; or
    • who entered the cadetship at stage 2, 3 or 4 and are in the second year of training.

77% of the C9/V6 rate

59% of the C9/V6 rate

Technology cadets:

    • who have completed stage 2 and are undertaking stage 3; or
    • who entered the cadetship at stage 3 or 4 and are in the third year of training.

83% of the C9/V6 rate

70% of the C9/V6 rate

Technology cadets:

    • who have completed stage 3 and are undertaking stage 4; or
    • who entered the cadetship at stage 4 and are in the fourth year of training.

90% of the C9/V6 rate

83% of the C9/V6 rate

24. Trainee minimum rates

24.1 National training wage trainee minimum rates

(a) The minimum rates for a trainee covered by the national training wage provisions are set out in Schedule G—National Training Wage.

School leaver

% of C10/V5 level

Completed Year 10 or less

% of C10/V5 level

Completed Year 11

% of C10/V5 level

Completed Year 12

   

Minimum weekly rate

 

Minimum weekly rate

 

Minimum weekly rate

   

$

 

$

 

$

Plus 1 year

54.5

470.06

63.1

544.24

73.5

633.94

Plus 2 years

63.1

544.24

73.5

633.94

85.3

735.71

Plus 3 years

73.5

633.94

85.3

735.71

100

862.50

Plus 4 years

85.3

735.71

100

862.50

   

Plus 5 years

100

862.50

       

School leaver

% of C11/V4 level

Completed Year 10 or less

% of C11/V4 level

Completed Year 11

% of C11/V4 level

Completed Year 12

 

 

Minimum weekly rate

 

Minimum weekly rate

 

Minimum weekly rate

   

$

 

$

 

$

Plus 1 year

57.9

473.91

64.8

530.39

74.5

609.78

Plus 2 years

64.8

530.39

74.5

609.78

87.2

713.73

Plus 3 years

74.5

609.78

87.2

713.73

100

818.50

Plus 4 years

87.2

713.73

100

818.50

   

Plus 5 years

100

818.50

       

School leaver

% of C12/V3 level

Completed Year 10 or less

% of C12/V3level

Completed Year 11

% of C12/V3 level

Completed Year 12

 

 

Minimum weekly rate

 

Minimum weekly rate

 

Minimum weekly rate

   

$

 

$

 

$

Plus 1 year

60.3

477.15

63.5

502.48

71.7

567.36

Plus 2 years

63.5

502.48

71.7

567.36

80.2

634.62

Plus 3 years

71.7

567.36

80.2

634.62

100

791.30

Plus 4 years

80.2

634.62

100

791.30

   

Plus 5 years

100

791.30

       

(c) The appropriate classification is the classification corresponding to the minimum training requirement or equivalent which is the normal outcome for the particular traineeship as advised by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee. Provided that any additional competencies acquired during the period of experience during and subsequent to completion of the traineeship which are required or will be required to be utilised are also taken into account. Provided further that where the outcome is less than the C12/V3 level the employee is given the opportunity to acquire the additional competencies, where the attainment of the additional competencies meets the needs of the business, and when this is achieved the employee is reclassified from the C13/V2 to C12/V3 level.

(d) The minimum rates provided for in clause 24.1(b) are to receive wage increases that are in proportion to the wage increases provided to the minimum rate of the C11/V4 level in respect of Skill Level B, the C12/V3 level in respect of Skill Level C, and the C10/V5 level in respect of Skill Level A.

(e) Whether a traineeship falls within Skill Level A, Skill Level B or Skill Level C will be determined by the advice of the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee. Based on the advice the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, the Foundation Engineering Traineeship is a Skill Level C, the Engineering Traineeship is a Skill Level B, the Advanced Engineering Traineeship is a Skill Level B or a Skill Level A depending on the level of the Engineering Production Certificate which the traineeship is designed to achieve and the Engineering Traineeship Technician is a Skill Level A.

24.2 Technical field trainee minimum rates

Age

% of C9/V6 level

17 years of age and under

52.5%

At 18 years of age

62.6%

At 19 years of age

75.7%

At 20 years of age

88.8%

24.3 Trainee engineer and trainee scientist minimum rates

Age

% of C9/V6 level

17 years of age and under

52%

At 18 years of age

62%

At 19 years of age

75%

At 20 years of age

88%

At 21 years of age

91.5%

At 22 years of age and over

97%

25. Unapprenticed junior minimum rates

25.1 Unapprenticed junior rates

Age

% of C13/V2 level

Under 16 years of age

36.8%

At 16 years of age

47.3%

At 17 years of age

57.8%

At 18 years of age

68.3%

At 19 years of age

82.5%

At 20 years of age

97.7%

25.2 The minimum rates for junior tracers in the technical field of vehicle manufacturing covered by clause 4.8(a)(xi) are prescribed in clause 52 of Part 9—Vehicle manufacturing employees.

25.3 Unapprenticed junior in a foundry

Age

% of C13/V2 level

Under 16 years of age

36.8%

At 16 years of age

47.3%

At 17 years of age

68.3%

At 18 years of age

83.0%

At 19 years of age

98.8%

At 20 years of age

Adult rate

25.4 A junior engaged on any of the following operations is entitled to receive the minimum rates for an adult employee in accordance with clause 20.1:

(a) angle iron cropping where the material weighs more than 5.2 kg per metre and is not clamped; or

(b) assisting a steel furnace ladle operator other than in daubing or repairing ladles; or

(c) assisting a storeperson racking and/or loading and/or unloading off vehicles, heavy steel plates, bars or sections; or

(d) breaking up pig iron; or

(e) carrying material to or from a cupola forge or electric steel furnace or using the slicer or hanging on to the end of a bloom, except in the case of a junior moulder; or

(f) cutting out and punching rivets or plates; or

(g) cutting plates by means of a hammer and cold set; or

(h) plate edge planners in structural steel or ship building yards where the operator travels on the machine; or

(i) punching machines handling plates of a mass more than 38 kg; or

(j) shearing machines, other than guillotine plate shearers, handling plates of a mass of more than 38 kg.

26. Extra rates not cumulative

The extra rates in this award, except rates prescribed in clause 30.4Special rates and rates for work on public holidays are not cumulative so as to exceed the maximum of double the ordinary hourly rate.

27. 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.

27.1 Period of payment

(a) Except as provided for in clause 27.1(b), wages must be paid weekly or fortnightly either:

(b) By agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid 3 weekly, 4 weekly or monthly. Agreement in this respect may also be reached between the employer and an individual employee.

27.2 Method of payment

(a) Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.

(b) In the case of an employee paid by cheque, if the employee requires it, the employer is to have a facility available during ordinary hours for the encashment of the cheque.

27.3 Payment of wages on termination of employment

27.4 Day off coinciding with pay day

27.5 Wages to be paid during working hours

(a) Where an employee is paid wages by cash or cheque such wages are to be paid during ordinary working hours.

(b) If an employee is paid wages by cash and is kept waiting for their wages on pay day, after the usual time for ceasing work, the employee is to be paid at overtime rates for the period they are kept waiting.

27.6 Absences from duty under an averaging system

(a) The employee will accrue a credit for each day they work ordinary hours in excess of the daily average.

(b) The employee will not accrue a credit for each day of absence from duty, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service.

(c) An employee absent for part of a day, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service, accrues a proportion of the credit for the day, based on the proportion of the working day that the employee was in attendance.

28. Annualised wage arrangements

28.1 Clause 28Annualised wage arrangements apply to an employer and an individual employee who is a Supervisor/Trainer/Coordinator Level I or II (as defined in clause 2Definitions).

28.2 Annualised wage instead of award provisions

(a) An employer and a full-time employee may enter into a written agreement for the employee to be paid an annualised wage in satisfaction, subject to clause 28.2(c), of any or all of the following provisions of the award:

(b) Where a written agreement for an annualised wage agreement is entered into, the agreement must specify:

(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in the agreement pursuant to clause 28.2(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

(d) The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.

(e) The agreement may be terminated:

28.3 Annualised wage not to disadvantage employees

(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).

(b) The employer must each 12 months from the commencement of the annualised wage arrangement or, within any 12 month period upon the termination of employment of the employee or termination of the agreement, calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.

(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 28.3(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.

28.4 Base rate of pay for employees on annualised wage arrangements

29. Employer and employee duties

29.1 An employer may direct an employee to carry out such duties as are within the limits of the employee’s skills, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

29.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

29.3 Any direction issued by an employer under clause 29 must be consistent with the employer’s responsibilities to provide a safe and healthy working environment.

30. Allowances and special rates

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.

30.1 Employers must pay to an employee the allowances the employee is entitled to under clause 30.

30.2 All-purpose allowances

30.3 Other allowances

30.4 Special rates

30.5 Transfers, travelling and working away from usual place of work

(f) Expenses for the purpose of clause 30.5 means:

30.6 Training costs

(a) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training agreed to by the employer must be reimbursed by the employer on the production of evidence of such expenditure by the employee, provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress.

(b) Travel costs incurred by an employee undertaking training agreed to by the employer, which exceed those normally incurred in travelling to and from work, must be reimbursed by the employer.

(c) Clause 30.6 does not apply to costs associated with training that are in connection with an apprentice’s training contract. Such costs are subject to clause 12Apprentices and not clause 30.6.

(d) Clause 30.6 does not apply to costs associated with training that are in connection with a trainee’s training contract for vehicle manufacturing trainees covered by clause 4.8(a)(xi). Training costs for these trainees are prescribed in clause 48Payment of fees for vehicle manufacturing trainees of Part 9—Vehicle manufacturing employees of this award.

31. Superannuation

31.1 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.

31.2 Employer contributions

31.3 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 31.2.

(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 3 months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 31.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 31.3(a) or (b) was made.

31.4 Superannuation fund

(a) AustralianSuper; or

(b) Labour Union Cooperative Retirement Fund (LUCRF); or

(c) TasPlan; or

(d) Sunsuper; or

(e) CareSuper; or

(f) Cbus; or

(g) FIRSTSUPER; or

(h) Allied Union Superannuation Trust of Queensland (Aust(Q)); or

(i) MTAA Superannuation Fund; or

(j) Statewide Superannuation Trust; or

(k) 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

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

31.5 Absence from work

Part 5—Overtime and Penalty Rates

32. Overtime

32.1 Definition of overtime

(a) Overtime work is any work performed outside the ordinary hours on any day or shift as defined by clauses 17.2, 17.3 and 17.4.

(b) For the purposes of clause 32, ordinary hours means the hours worked in an enterprise, fixed in accordance with clause 17.

(c) Overtime work for a part-time employee is any work performed in excess of the hours agreed under clauses 10.3 and 10.4.

(d) The hourly rate, when computing overtime, is determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.

(e) In computing overtime each day’s work stands alone.

32.2 Payment for overtime—other than continuous shiftworkers

(a) 150% of the ordinary hourly rate for the first 3 hours; and

(b) 200% of the ordinary hourly rate thereafter.

32.3 Unrelieved shiftwork on rostered day off

(a) Clause 32.3 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi).

(b) If a shiftworker is required to work on their rostered day off because of the absence of a relieving employee, the unrelieved shiftworker must be paid 200% of the ordinary hourly rate for all hours worked on their rostered day off.

(c) Clause 32.3 applies when not less than 7.6 hours’ notice has been given to the employer by a relief shiftworker that the relief shiftworker will be absent from work.

32.4 Payment for overtime—continuous shiftworkers

(a) A continuous shiftworker working overtime will be paid 200% of the ordinary hourly rate. Clause 32.4(a) does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi).

(b) A continuous shiftworker who is a vehicle manufacturing employee covered by clause 4.8(a)(xi) working overtime will be paid the following:

32.5 Saturday work—day worker

32.6 Sunday work

32.7 Public holiday work

(a) A day worker required to work overtime on a public holiday must be paid 250% of the ordinary hourly rate until the employee is relieved from duty with a minimum payment of 3 hours.

(b) A continuous shiftworker required to work overtime on a public holiday must be paid 200% of the ordinary hourly rate with a minimum payment of 3 hours.

(c) A non-continuous shiftworker required to work overtime on a public holiday must be paid 250% of the ordinary hourly rate until the employee is relieved from duty with a minimum payment of 3 hours.

32.8 Time off instead of payment for overtime

(a) Clause 32.8 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The time off instead of overtime provisions for these employees are prescribed in clause 56.1 of Part 9—Vehicle manufacturing employees of this award.

(b) 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.

(c) 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 32.8.

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

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

(f) Time off must be taken:

(g) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 32.8 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(h) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 32.8(f), 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.

(i) The employer must keep a copy of any agreement under clause 32.8 as an employee record.

(j) 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.

(k) 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 32.8 will apply, including the requirement for separate written agreements under clause 32.8(c) for overtime that has been worked.

(l) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 32.8 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

32.9 Reasonable overtime

(a) Subject to section 62 of the Act and clause 32.9, an employer may require an employee to work reasonable overtime hours at overtime rates.

(b) An employee may refuse to work overtime hours if they are unreasonable.

(c) In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 32.9 the following must be taken into account:

32.10 One in, all in does not apply

32.11 Rest break

(a) Clause 32.11 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The overtime rest break provisions for these employees are prescribed in clause 56.2 of Part 9—Vehicle manufacturing employees of this award.

(b) An employee working overtime must be allowed a rest break of 20 minutes without deduction of pay after each 4 hours of overtime worked if the employee is to continue work after the rest break.

(c) Where a day worker is required to work overtime on a Saturday, Sunday or public holiday or on a rostered day off, the first rest break must be paid at the employee’s ordinary hourly rate.

(d) Where overtime is to be worked immediately after the completion of ordinary hours on a day or shift and the period of overtime is to be more than 1.5 hours, an employee, before starting the overtime, is entitled to a rest break of 20 minutes to be paid at the rate of pay applying to the employee immediately prior to the scheduled meal break.

(e) An employer and employee may agree to any variation of clause 32.11 to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 32.11.

(f) An employee entitled to a rest break in clause 32.11 may be entitled to a meal allowance in accordance with clause 30.3(c).

32.12 Rest period after overtime

(a) Clause 32.12 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The rest period after overtime provisions for these employees are prescribed in clause 56.5 of Part 9—Vehicle manufacturing employees of this award.

(b) When overtime work is necessary it must, wherever reasonably practicable, be arranged so that an employee has at least 10 consecutive hours off duty between the work of successive working days.

(c) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to the other provisions of clause 32.12, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.

(d) If, on the instructions of the employer, an employee resumes or continues work without having had 10 consecutive hours off duty the employee must be paid at 200% of the ordinary hourly rate until the employee is released from duty. The employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.

(e) By agreement between the employer and individual employee, the 10 hour break provided for in clause 32.12 may be reduced to a period of no less than 8 hours.

(f) The provisions of clause 32.12 will apply in the case of a shiftworker as if 8 hours were substituted for 10 hours when overtime is worked:

32.13 Call back

(a) Clause 32.13 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The call back provisions for these employees are prescribed in clause 56.6 of Part 9—Vehicle manufacturing employees of this award.

(b) An employee recalled to work overtime after leaving the enterprise, whether notified before or after leaving the enterprise, must be paid:

(c) Where an employee is required to regularly hold themselves in readiness for a call back they must be paid for a minimum of 3 hours work at the appropriate overtime rate, subject to clause 32.14 which deals with the conditions for standing by.

(d) If the employee is recalled on more than one occasion between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next working day they are entitled to the 3 or 4 hour minimum overtime payment provided for in clause 32.13 for each call back. However, in such circumstances, it is only the time which is actually worked during the previous call or calls which is to be taken into account when determining the overtime rate for subsequent calls.

(e) Except in the case of unforeseen circumstances arising, an employee must not be required to work the full 3 or 4 hours as the case may be if the job they were recalled to perform is completed within a shorter period.

(f) Clause 32.13 does not apply in cases where it is customary for an employee to return to the enterprise to perform a specific job outside the employee’s ordinary hours or where the overtime is continuous, subject to a meal break, with the commencement or completion of ordinary hours.

(g) Overtime worked in the circumstances specified in clause 32.13 is not to be regarded as overtime for the purposes of clause 32.12 concerning rest periods after overtime, when the actual time worked is less than 3 hours on the call back or on each call back.

32.14 Standing by

32.15 Transport of employees

33. Penalty Rates

33.1 Penalty rates for day workers

33.2 Rates for shiftworkers

(a) Clause 33.2 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The rates for shiftworkers for these employees are prescribed in clause 55.1 of Part 9—Vehicle manufacturing employees of this award.

(c) In conjunction with clause 7.3, by agreement between the employer and the majority of employees concerned or in appropriate cases an individual employee, the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.

(h) Clause 33.2(g) does not apply when the time is worked:

Part 6—Leave and Public Holidays

34. Annual leave

34.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.

34.2 Definition of shiftworker

34.3 Payment for annual leave

(a) Instead of the base rate of pay as referred to in section 90(1) of the Act, an employee under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.

(b) Subject to clause 34.3(c), the wages to be paid must be worked out on the basis of what the employee would have been paid under this award for working ordinary hours during the period of annual leave, including allowances, loadings and penalties paid for all purposes of the award, first aid allowance and any other wages payable under the employee’s contract of employment including any over-award payment.

(c) Subject to clause 34.4, the employee is not entitled to payments in respect of overtime, shift loading, weekend penalty rates, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.

34.4 Annual leave loading

(a) During a period of annual leave an employee must also be paid a loading calculated on the wages prescribed in clause 34.3.

(b) The loading must be as follows:

34.5 Conversion to hourly entitlement

34.6 Electronic funds transfer (EFT) payment of annual leave

34.7 Annual close down

(a) the employer gives not less than 4 weeks’ notice of intention to do so; and

(b) an employee who has accrued sufficient leave to cover the period of the close down, is allowed leave and also paid for that leave at the appropriate rate in accordance with clauses 34.3 and 34.4; and

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

(d) any leave taken by an employee as a result of a close down pursuant to clause 34.7 also counts as service by the employee with their employer; and

(e) the employer may only close down the enterprise or part of it pursuant to clause 34.7 for one or 2 separate periods in a year; and

(f) if the employer closes down the enterprise or part of it pursuant to clause 34.7 in 2 separate periods, one of the periods must be for a period of at least 14 consecutive days including non-working days; and

(g) the employer and the majority of employees concerned may agree to the enterprise or part of it being closed down pursuant to clause 34.7 for 3 separate periods in a year provided that one of the periods is a period of at least 14 days including non-working days; and

(h) the employer may close down the enterprise or part of it for a period of at least 14 days including non-working days and allow the balance of any annual leave to be taken in one continuous period in accordance with a roster.

34.8 Leave on termination

34.9 Excessive leave accruals: general provision

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 34.2).

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

(d) Clause 34.11 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a) If an employer has genuinely tried to reach agreement with an employee under clause 34.9(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 34.10(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 34.10(a) that is in effect.

(d) An employee to whom a direction has been given under clause 34.10(a) may request to take a period of paid annual leave as if the direction had not been given.

34.11 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 34.9(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 34.11(a) if:

(c) A notice given by an employee under clause 34.11(a) must not:

(d) An employee is not entitled to request by a notice under clause 34.11(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 34.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 34.11(a).

34.12 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 34.12 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 34.12, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

34.13 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 34.13.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 34.13.

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

(d) An agreement under clause 34.13 must state:

(e) An agreement under clause 34.13 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i) The employer must keep a copy of any agreement under clause 34.13 as an employee record.

35. Personal/carer’s leave and compassionate leave

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

35.2 If an employee is terminated by their employer and is re-engaged by the same employer within a period of 6 months then the employee’s unclaimed balance of paid personal/carer’s leave continues from the date of re-engagement.

36. Parental leave and related entitlements

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

37. Community service leave

37.1 Community service leave is provided for in the NES.

37.2 Reimbursement for jury service

(a) A full-time employee required to attend for jury service during their ordinary hours of work must be reimbursed by the employer an amount equal to the difference between the amount paid to the employee in respect of the employee’s attendance for such jury service and the wages the employee would have received in respect of the ordinary hours the employee would have worked had the employee not been on jury service.

(b) Where a part-time employee is required to attend for jury service and such attendance coincides with a day on which the employee would normally be required to work, payment must be made to the employee in accordance with clause 37.2(a).

38. 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.

39. Absence from duty

Unless a provision of this award or the Act states otherwise, an employee not attending for duty loses their pay for the actual time of such non-attendance.

40. Public holidays

40.1 Public holidays are provided for in the NES.

40.2 Where an employee works on a public holiday they will be paid in accordance with clauses 17.2(g), 33.1(b), 33.2(j) and 32.7.

40.3 Clause 10.9 applies in relation to part-time employees and public holidays.

40.4 Substitution of certain public holidays by agreement at the enterprise

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

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

40.5 Rostered day off falling on public holiday

(a) Except as provided for in clauses 40.5(b) and (c) and except where the rostered day off falls on a Saturday or a Sunday, where a full-time employee’s ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:

(b) Where an employee has credited time accumulated pursuant to clause 27.6, then such credited time should not be taken as a day off on a public holiday.

(c) If an employee is rostered to take credited time accumulated pursuant to clause 27.6 as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer must allow the employee to take the time off on an alternative week day.

(d) Clauses 40.5(b) and (c) do not apply in relation to days off which are specified in an employee’s regular roster or pattern of ordinary hours as clause 40.5(a) applies to such days off.

40.6 Part-day public holidays

Part 7—Consultation and Dispute Resolution

41. Consultation

41.1 Consultation regarding major workplace change

41.2 Consultation about changes to rosters or hours of work

(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.

(b) The employer must:

(c) The requirement to consult under clause 41.2 does not apply where an employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

42. Dispute resolution

42.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

42.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 42 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

42.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.

42.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

42.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of clause 42.

42.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable work health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

43. Dispute resolution procedure training leave

43.1 Subject to clauses 43.7, 43.8 and 43.9, an eligible employee representative is entitled to, and the employer must grant, up to 5 days training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant agreement which provides it is to be read in conjunction with this award.

43.2 An eligible employee representative must give the employer 6 weeks’ notice of the employee representative’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

43.3 The notice to the employer must include details of the type, content and duration of the course to be attended.

43.4 The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

43.5 An eligible employee representative taking such leave must be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.

43.6 Leave of absence granted pursuant to clause 43 counts as service for all purposes of this award.

43.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee:

(a) who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure; and

(b) who is within the class and number of employee representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:

Number of employees employed by the employer in an enterprise or workplace

Maximum number of eligible employee representatives entitled per year

5–15

1

16–30

2

31–50

3

51–90

4

More than 90

5

43.8 Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year must be resolved by agreement between those entitled or, if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

43.9 For the purpose of applying the quota table, employees employed by the employer in an enterprise or workplace are full-time and part-time employees, and casual employees with 6 months or more service, covered by this award who are employed by the employer and engaged in the enterprise or workplace to which the procedure established under clause 42Dispute resolution applies.

Part 8—Termination of Employment and Redundancy

44. Termination of employment

44.1 Notice of termination is provided for in the NES.

44.2 Notice of termination by an employee

44.3 Job search entitlement

45. Redundancy

45.1 Redundancy pay is provided for in the NES.

45.2 Small furnishing employer

(a) For the purposes of clause 45.2(b), small employer means an employer to whom Subdivision B of Division 11 of the NES does not apply because of the provisions of section 121(1)(b) of the Act.

(b) Despite the terms of section 121(1)(b) of the Act the remaining provisions of Subdivisions B and C of Division 11 of the NES apply in relation to an employee of a small employer who performs any of the work within the Manufacturing and Associated Industries and Occupations which immediately prior to 1 January 2010 was in clauses 6.1 to 6.6 of the Furnishing Industry National Award 2003, except that the amount of redundancy pay to which such an employee is entitled must be calculated in accordance with the following table:

Employee’s period of continuous service with the employer on termination

Redundancy pay period

Less than 1 year

Nil

At least 1 year but less than 2 years

4 weeks’ pay

At least 2 years but less than 3 years

6 weeks’ pay

At least 3 years but less than 4 years

7 weeks’ pay

At least 4 years and over

8 weeks’ pay

45.3 Transfer to lower paid duties

45.4 Employee leaving during notice period

45.5 Job search entitlement

(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c) This entitlement applies instead of clause 44.3.

Part 9—Vehicle manufacturing employees

46. Coverage of Part 9 of this award

Part 9 of this award only applies to vehicle manufacturing employees covered by clause 4.8(a)(xi).

47. Casual loading for vehicle manufacturing employees in the technical field

47.1 Employees engaged in the technical field are entitled to a casual loading of 17.5% and, in addition, are entitled to annual leave and annual leave loading on a pro rata basis, provided that a casual loading of 25% may apply instead of these entitlements.

47.2 An employer must on engagement settle with the employee whether the alternative entitlement of a casual loading of 25% will apply to the employee and record this decision. Any change to the original entitlement should only be by mutual agreement and placed on the employee’s record.

48. Payment of fees for vehicle manufacturing trainees

48.1 A trainee who attends in any one year not less than 80% of the maximum possible attendances of the approved course at the training institution at which they are pursuing a course of study, and passes the annual examinations in that year, or if there is no examination, receives a satisfactory report, will be reimbursed by the employer all fees paid by the employee for that course during that year. In the case of a trainee who complies with the foregoing requirement for attendances and who passes or receives a satisfactory report in a proportion of the subjects taken by the employee in any year, the employer will reimburse a like proportion of fees.

48.2 The employer will not, however, be required to reimburse fees or a proportion thereof for more than one year in excess of the period prescribed by the training institution for the approved course.

48.3 Provided that, where a trainee is in the employ of more than one employer in any school year, then the last such employer will be liable only for the payment of fees pro rata to the period of employment with that employer.

49. Ordinary hours of work—shiftworkers—vehicle manufacturing employees

49.1 Ordinary hours of work—continuous work shifts—vehicle manufacturing employees

(a) For the purposes of clause 49 and clause 55.1, continuous work means work carried out on consecutive shifts throughout the 24 hours of each of at least 5 consecutive days without interruption except during breakdowns or meal breaks (if any).

(b) An employee working on continuous work shifts will work up to 6 shifts per week, as may be required.

(c) The ordinary hours of shiftworkers on continuous work will average 38 per week, inclusive of crib time, and will not exceed 152 hours in 28 consecutive days. Where the employer and the majority of employees agree, a roster system may operate on the basis that the weekly average of 38 hours is achieved over a period which exceeds 28 consecutive days.

(d) Subject to clause 49.1(e), continuous shiftworkers will work such times as the employer may require.

(e) A shift will consist of not more than 10 hours, inclusive of crib time. Provided that:

49.2 Ordinary hours of work—other than continuous work shifts—vehicle manufacturing employees

(a) Clause 49.2 applies to shiftworkers not on continuous work as defined in clause 49.1(a).

(b) Subject to clause 49.2(e), the ordinary hours of work will be an average of 38 per week but not exceeding 152 days within a period not exceeding 28 consecutive days.

(c) Provided that where the employer and the majority of employees agree a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.

(d) The ordinary hours will be worked continuously except for meal breaks at the discretion of the employer. An employee will not be required to work for more than 5 hours without a break for a meal.

(e) Except at regular changeover of shifts, an employee will not be required to work more than one shift in each 24 hours provided that:

50. Meal break—vehicle manufacturing employees in the technical field

In respect of vehicle manufacturing employees engaged in the technical field, the meal break in clause 18.1 must be not less than 30 minutes or more than one hour and must be between the hours of 11.30 am and 2.00 pm Monday to Friday for day workers. The time will be as agreed between the employer and the majority of employees.

51. Tea breaks—Vehicle manufacturing employees

51.1 Employees other than those in the technical field

51.2 Morning and afternoon tea—technical field employees

(a) Employees are entitled to a 10 minute morning tea rest period at a time fixed by the employer.

(b) Employees are permitted to partake of a refreshment in the afternoon without interrupting work.

52. Junior tracers in the technical field—vehicle manufacturing employees

52.1 The following minimum rates apply to junior tracers in vehicle manufacturing in the technical field:

53. Allowances and related matters—vehicle manufacturing employees

NOTE: See Schedule D—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

53.1 Tool allowance—Tradespersons and apprentices in vehicle manufacturing

(a) A tradesperson required by his/her employer to provide his/her own hand tools will be paid a tool allowance of $15.31 per week.

(b) Apprentices and adult apprentices will be paid the following weekly tool allowance where they are required by their employer to provide their own tools:

Year of apprenticeship

$

Level 1 or 1st year

6.48

Level 2 or 2nd year

8.38

Level 3 or 3rd year

11.51

Level 4 or 4th year

13.52

(c) Notwithstanding anything elsewhere contained in this award, such tool allowance will not be subject to overtime, shift premium or other penalty additions or annual leave loading.

53.2 Inspector’s allowance

53.3 Carpenters’ allowance

53.4 Goggles

(a) The employer will reimburse the employee for the cost of purchasing goggles where the employee is required to wear suitable mica or other goggles when using an emery wheel or rotary wire brushes.

(b) Clause 53.4(a) does not apply where protective equipment is fitted to a machine or where the goggles are supplied to the employee at the employer’s expense.

(c) Where such goggles are supplied without cost to the employee, they will remain the property of the employer.

53.5 Glass or slag wool

53.6 Handling garbage

53.7 Boiler house employees

53.8 Fork-lift or cranes allowance

54. Accident pay—Vehicle manufacturing employees

54.1 Definitions

(a) Accident pay means a weekly payment made to an employee by the employer that is the difference between the weekly amount of compensation paid to an employee pursuant to the applicable workers’ compensation legislation and the weekly amount that would have been received had the employee been on paid personal leave at the date of injury (not including over award payments).

(b) Injury will be given the same meaning and application as applying under the applicable workers’ compensation legislation covering the employer.

54.2 Entitlement to accident pay

(a) The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’ compensation legislation.

(b) An employee will only be entitled to payment under clause 54.2 while the employee remains in employment of the employer. However, an employer must not terminate the employment of the employee to avoid any payment under clause 54.2.

54.3 Notice of injury

54.4 Maximum period

54.5 Pro rata payments

54.6 Return to work

54.7 When not entitled to payment

(a) An employee will not be entitled to any payment under clause 54 in respect of any period of paid annual leave or long service leave, or for any paid public holiday.

(b) An employee will not be entitled to any payment under clause 54 in respect of any injury during the first 5 normal working days of incapacity.

(c) An employee will not be entitled to any payment under clause 54 for any incapacity occurring during the first 3 weeks of employment, unless such incapacity continues beyond the first 3 weeks of employment. If the incapacity continues beyond the first 3 weeks of employment then the provisions of clause 54 will apply to the period of incapacity after the first 3 weeks.

(d) An employee will not be entitled to any payment under clause 54 for industrial diseases contracted by gradual process, or injuries subject to recurrence, aggravation or acceleration unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month.

54.8 Medical examination

(a) In order to receive accident pay an employee shall conform to the requirements of the applicable workers’ compensation legislation relating to medical examination.

(b) If:

54.9 Redemptions

54.10 Damages independent of the Acts

54.11 When payments cease

54.12 Changes to rates in workers’ compensation legislation

54.13 Engagement of employee

54.14 Casual employees

54.15 No obligation to take out insurance

55. Shiftwork and rates—vehicle manufacturing employees

55.1 Penalty rates for shiftworkers

(a) For the purposes of this section:

(b) The shift premiums in clause 55.1(b) are only payable to an employee who works an afternoon or night shift (other than a continuous work shift) that:

(c) The extra rates prescribed above will be payable only when shifts are changed once in every 3 weeks or shift cycle agreed pursuant to clause 49.1(b) or clause 49.1(a), otherwise the extra rates prescribed for night shifts and afternoon shifts will apply.

(d) An employee working continuous work shifts will whilst on an afternoon or night shift be paid at the rate of 112.5% of the minimum hourly rate.

(e) The minimum rate to be paid to a shiftworker for work performed between midnight on Friday and midnight on a Saturday will be 125% of the minimum hourly rate. This rate will be in substitution for and not cumulative upon the shift premiums prescribed in clauses 55.1(c) and 55.1(d).

55.2 Payments stand alone

56. Overtime—vehicle manufacturing employees

56.1 Time off instead of payment for overtime

(a) Time off instead of payment for overtime may be provided if an employee so elects and is agreed to by the employer.

(b) Time off instead of payment for overtime must be taken at a mutually convenient time within 4 weeks of the overtime being worked. However, an employee with the agreement of the employer may elect to bank up to 8 hours of time off instead of overtime to be taken no later than 8 weeks after the overtime was worked.

(c) Any agreement reached in accordance with clause 56.1 should be placed in writing and recorded with the employee’s wage records and for file. Any hours banked and cleared in accordance with clause 56.1 must be recorded in the employees wage records.

(d) Time off instead of payment for overtime must equate to the overtime rate i.e. if the employee works one hour overtime and elects to claim time off instead of payment the time off would be equal to time and a half.

(e) Provided that where an employee’s employment is terminated or the employee resigns or the entitlement has not been taken, the entitlement will be paid out at the rate at which it was accrued.

(f) Clause 56.1 will not apply when the time is worked:

56.2 Overtime crib breaks

(a) An employee required to work overtime for more than 1.5 hours after working ordinary hours will be allowed a crib break of 20 minutes before starting such overtime. The crib break will be paid at the minimum hourly rate.

(b) An employee required to work overtime will be allowed a crib break of 20 minutes without deduction of pay after each 4 hours of overtime worked provided work continues after the crib break.

(c) Where a day worker is required to work overtime on a Saturday, the first prescribed crib break if occurring between 10.00 am and 1.00 pm will be paid at the minimum hourly rate.

(d) An employer and employee may agree to any variation of clause 56.2 to meet the circumstances of the work in hand, provided that the employer will not be required to make any payment in respect of any time allowed in excess of 20 minutes.

(e) Clause 56.2 will not apply to an employee working overtime on a Sunday or public holiday unless the employee is rostered to work any of their ordinary hours on that day

56.3 Crib breaks—Sundays and public holidays

(a) An employee working on a Sunday or a public holiday for more than 9.5 hours will at the end of 8 hours be allowed a crib break of 20 minutes which will be paid for at the minimum rate.

(b) An employee working on a Sunday or a public holiday for more than 8 hours will be allowed a crib break of 20 minutes without deduction of pay after each 4 hours worked beyond 8 hours providing the employee continues work after such crib break.

(c) An employer and employee may agree to a variation of clause 56.3 to meet the circumstances of the work in hand; provided that the employer will not be required to make any payment in respect of any time allowed in excess of 20 minutes.

56.4 Meal allowance

(a) A meal allowance of $14.34 per meal is payable to an employee who is required to work overtime for more than 1.5 hours and was not notified of the requirement to work overtime on the previous day or earlier.

(b) The meal allowance is not payable if the employer supplies the employee with a meal, or if the employee lives in the same locality as the workplace and can reasonably return home for meals.

(c) Unless an employer advises an employee on the previous day or earlier that the amount of overtime will include more than one meal, the employer will provide a 2nd meal and/or subsequent meal or pay a meal allowance to the employee for the second and/or subsequent meal.

(d) If an employee has been notified that they will be working overtime and has provided a meal or meals but is not required to work overtime or is required to work less overtime than the amount advised, the employee will still be paid the meal allowance.

(e) Clause 56.4 will not apply to an employee working overtime on a Sunday or a public holiday, unless the employee is rostered to work any of their ordinary hours on that day.

56.5 Minimum break between shifts

(a) When overtime work, including work on a rostered day off or work on a Sunday or a public holiday, is necessary, it will wherever reasonably practicable be arranged so that an employee works not more than 14 hours in any period of 24 consecutive hours and so that each employee may have at least 10 consecutive hours off duty in each such 24 consecutive hours.

(b) Subject to the exceptions referred to in clause 56.6, on the completion of a period of work an employee is required to have a period of 10 consecutive hours off duty from their ordinary working time without loss of pay until recommencing work.

(c) If, on the direction of the employer, such an employee resumes or continues work without having had 10 consecutive hours off duty, the employee must be paid at 200% of the minimum hourly rate until released from duty. The employee will then be entitled to be absent for 10 consecutive hours off duty without loss of pay for any ordinary working time occurring during such absence.

56.6 Call backs

(a) An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) will be paid for a minimum of 3 hours’ work at the appropriate rate for each time recalled; provided that, except in the case of unforeseen circumstances arising, the employee will not be required to work the full 3 hours if the employee was recalled to perform work which is completed within a shorter period.

(b) Clause 56.6 will not apply where:

(c) Where the actual time worked is less than 3 hours on such recall or each of such recalls, overtime worked in the circumstances specified in clause 56.6 will not be regarded as overtime for the purposes of clause 56.6(a).

Schedule A
—Classification Structure and Definitions
A.1 The classification structure and definitions set out in clauses A.3 and A.4 apply to employees covered by this award, except where otherwise specified.
A.2 This Schedule does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The classification structure and definitions for these employees are prescribed in Schedule B—Vehicle Manufacturing Employees—Skill Level Definitions—Trades, Non-trades, Post-trades, Drivers, Technicians/ Technical Officers and Supervisors/Trainers/Coordinators of this award.
A.3 Classification structure
A.3.1 C1–C14 Levels

Classification levels

Classification title

Minimum training requirement

Wage relativity to C10
(see clause A.3.2)

C1

Professional Engineer Professional Scientist

Degree

180/210%

 

NOTEProfessional Engineers and Professional Scientists in Level C1 are covered by the Professional Employees Award 2010

   

C2(b)

Principal Technical Officer

Advanced Diploma or equivalent and sufficient additional training so as to enable the employee to meet the requirements of the relevant classification definition and to perform work within the scope of this level.

160%

C2(a)

Leading Technical Officer

Advanced Diploma or equivalent and sufficient additional training so as to enable the employee to meet the requirements of the relevant classification definition and to perform work within the scope of this level.

150%

 

Principal Supervisor/ Trainer/Co-ordinator

Advanced Diploma or equivalent of which at least 50% of the competencies are in supervision/training.

 

C3

Engineering Associate/ Laboratory Technical Officer—Level II

Advanced Diploma of Engineering, Advanced Diploma of Laboratory Operations, or equivalent.

145%

C4

Engineering Associate/ Laboratory Technical Officer—Level 1

80% towards an Advanced Diploma of Engineering, 80% towards an Advanced Diploma of Laboratory Operations, or equivalent.

135%

C5

Advanced Engineering Tradesperson—Level II

Diploma of Engineering—Advanced Trade, or equivalent.

130%

 

Engineering/Laboratory Technician—Level V

Diploma of Engineering—Technical, Diploma of Laboratory Technology, or equivalent.

 

C6

Advanced Engineering Tradesperson—Level 1

C10 + 80% towards a Diploma of Engineering—Advanced Trade, or equivalent.

125%

 

Engineering/Laboratory Technician—Level IV

50% towards an Advanced Diploma of Engineering, or 85% towards a Diploma of Engineering—Technical, 50% towards an Advanced Diploma of Laboratory Operations or 85% towards a Diploma of Laboratory Technology, or equivalent.

 

C7

Engineering/ Manufacturing Tradesperson—Special Class Level II

Certificate IV in Engineering, or C10 + 60% towards a Diploma of Engineering, 60% towards a Diploma of Laboratory Technology, or equivalent.

115%

 

Engineering/Laboratory Technician—Level III

Certificate IV in Manufacturing Technology, provided that the minimum experience required for a Technology Cadet has been completed, or Certificate IV in Laboratory Techniques, or 45% towards an Advanced Diploma of Engineering, or 70% towards a Diploma of Engineering—Technical, 45% towards an Advanced Diploma of Laboratory Operations, or 70% towards a Diploma of Laboratory Technology, or equivalent

 

C8

Engineering/ Manufacturing Tradesperson—Special Class Level I

C10 + 40% towards a Diploma of Engineering, or equivalent

110%

 

Engineering/Laboratory Technician—Level II

40% towards an Advanced Diploma of Engineering, or 60% towards a Diploma of Engineering—Technical, 40% towards an Advanced Diploma of Laboratory Operations, 60% towards a Diploma of Laboratory Technology, or equivalent

 

C9

Engineering/ Manufacturing Tradesperson—Level II

C10 + 20% towards a Diploma of Engineering or equivalent

105%

 

Engineering/Laboratory Technician—Level I

Certificate III in Engineering—Technician, or Certificate III in Laboratory Skills, or Certificate III in Manufacturing Technology, provided that the minimum experience required for a Technology Cadet has been completed, or 50% towards a Diploma of Engineering, or equivalent

 

C10

Engineering/ Manufacturing Tradesperson—Level I

Recognised Trade Certificate, or Certificate III in Engineering—Mechanical Trade, or Certificate III in Engineering—Fabrication Trade, or Certificate III in Engineering—Electrical/Electronic Trade, or equivalent

100%

 

Engineering/ Manufacturing Systems Employee—Level V

Engineering Production Certificate III, or Certificate III in Engineering—Production Systems, or equivalent

 

C11

Engineering/ Manufacturing Employee—Level IV

Engineering Production Certificate II, or Certificate II in Engineering—Production Technology, or Certificate II in Sampling and Measurement, or equivalent

92.4%

Laboratory Tester

C12

Engineering/ Manufacturing Employee—Level III

Engineering Production Certificate I or Certificate II in Engineering, or equivalent

87.4%

C13

Engineering/ Manufacturing Employee—Level II

In-house training

82%

C14

Engineering/ Manufacturing Employee—Level 1

Up to 38 hours induction training

78%

A.3.2 The percentage wage relativities to C10 in the table in clause A.3.1 reflect the percentages prescribed in 1990 in Re Metal Industry Award 1984—Part I (M039 Print J2043). The minimum rates in this award do not reflect these relativities because some wage increases since 1990 have been expressed in dollar amounts rather than percentages and as a result have reduced the relativities.
A.3.3 Supervisor/Trainer/Coordinator

A.4 Classification definitions
A.4.1 The following classification definitions should be read in conjunction with:

A.4.2 Supervisor/Trainer/Coordinator

A.4.3 Wage Group: C14

A.4.4 Wage Group: C13

A.4.5 Wage Group: C12

A.4.6 Wage Group: C11

A.4.7 Wage Group: C10

A.4.8 Wage Group: C9

A.4.9 Wage Group: C8

A.4.10 Wage Group: C7

A.4.11 Wage Group: C6

A.4.12 Wage Group: C5

A.4.13 Wage Group: C4

A.4.14 Wage Group: C3

A.4.15 Wage Group: C2(a)

A.4.16 Wage Group: C2(b)

A.5 Indicative Tasks for employees covered by clause 20.5(c)
A.5.1 For an employee covered by clause 20.5(c) the following indicative tasks identified for a particular classification are to be used as a guide in classifying the employee. These tasks operate in conjunction with clausesA.1A.4.
A.5.2 For the purposes of clause A.4.4 (level C13) the following are the indicative tasks which an employee at this level may perform:

A.5.3 For the purposes of clause A.4.5 (level C12) the following are the indicative tasks which an employee at this level may perform:

A.5.4 For the purposes of clause A.4.6 (level C11) the following are the indicative tasks which an employee at this level may perform:

A.5.5 For the purposes of clause A.4.7 (level C10) the following are the indicative tasks which an employee at this level may perform:

Schedule B—Vehicle Manufacturing Employees—Skill Level Definitions—Trades, Non-trades, Post-trades, Drivers, Technicians/ Technical Officers and Supervisors/Trainers/Coordinators
B.1 This Schedule applies only to vehicle manufacturing employees covered by clause 4.8(a)(xi).
B.2 V1—Vehicle industry/production employee Level 1
B.2.1 A Vehicle industry/production employee—Level 1 is an employee undertaking up to 38 hours’ induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, work health and safety, equal employment opportunity and quality control/assurance.
B.2.2 An employee at this level performs routine duties essentially of a manual nature and to the level of their training:

B.2.3 Classifications at Level V1:

B.3 V2—Vehicle industry/production employee Level 2
B.3.1 A Vehicle industry/production employee—Level 2 is an employee who has met the requirements of the Certificate I in Automotive Manufacturing (AUM10113), or equivalent.
B.3.2 An employee at this level performs work above and beyond the skills of an employee at Level V1 and to the level of their training:

B.3.3 Indicative of the tasks which an employee at this level may perform are the following:

B.3.4 Classifications at Level V2:

B.4 V3—Vehicle industry/production employee Level 3
B.4.1 A Vehicle industry/production employee—Level 3 is an employee who has met the following training requirements, or equivalent:

B.4.2 An employee at this level performs work above and beyond the skills of an employee at V2 and to the level of their training:

B.4.3 Indicative of the tasks which an employee at this level may perform are the following:

B.5 V4—Vehicle industry/production employee Level 4
B.5.1 A Vehicle industry/production employee—Level V4 is an employee who has met the following training requirements, or equivalent:

B.5.2 An employee at this level performs work above and beyond the skills of an employee at V3 and to the level of their training:

B.5.3 Indicative of the tasks which an employee at this level may perform are the following:

B.5.4 Classifications at Level V4:

B.6 V5—Vehicle industry tradesperson—Level 1 & Production systems employee—Level 5
B.6.1 Vehicle industry tradesperson—Level 1

B.6.2 Vehicle industry production system employee—Level 5

B.6.3 Classifications at Level V5:

B.7 V6—Vehicle industry tradesperson—Level II & Vehicle industry/technician—Level I
B.7.1 Vehicle industry tradesperson—Level II

B.7.2 Vehicle industry/technician—Level I

B.8 V7—Vehicle industry tradesperson—Level III & Vehicle industry/technician Level II
B.8.1 Vehicle industry tradesperson Level III—special class

B.9 V8—Vehicle industry tradesperson—Level IV & Vehicle industry technician—Level III
B.9.1 Vehicle industry tradesperson Level IV—special class

B.10 V9—Vehicle industry tradesperson—Level V & Vehicle industry technician—Level IV
B.10.1 Vehicle industry tradesperson—Level V

B.10.2 Vehicle industry technician—Level IV

B.11 V10—Vehicle industry tradesperson—Level VI & Vehicle industry technician Level V
B.11.1 Vehicle industry tradesperson—Level VI

B.11.2 Vehicle industry technician—Level V

B.11.3 Vehicle Industry automotive developer—Level II

B.12 V11—Vehicle industry engineering associate—Level I

B.13 V12—Vehicle industry engineering associate—Level II

B.14 V13—Vehicle industry leading technical officer & Principal engineering supervisor/trainer/co-ordinator
B.14.1 Vehicle industry leading technical officer

B.14.2 Principal engineering supervisor/trainer/co-ordinator

B.15 V14—Vehicle industry principal technical officer

B.16 V15—Vehicle industry supervisor/trainer/co-ordinator
B.16.1 Vehicle industry supervisor/trainer/co-ordinator—Level I

B.16.2 Vehicle industry supervisor/trainer/co-ordinator—Level II

B.17 Driver classifications
B.17.1 Vehicle industry driver—Level I—D1

B.17.2 Vehicle industry driver—Level II—D2

B.17.3 Vehicle Industry Driver—Level III—D3

B.17.4 Vehicle Industry Driver—Level IV—D4

B.18 Definitions in Schedule B—Vehicle Manufacturing Employees—Skill Level Definitions—Trades, Non-trades, Post-trades, Drivers, Technicians/ Technical Officers and Supervisors/Trainers/Coordinators.

   

Schedule C—Summary of Hourly Rates
C.1 Table of Rates
C.1.1 The following table provides a summary of the penalty rates that apply under the award. Penalty rates are payable for working overtime, shift work, on a Saturday, on a Sunday, on Public Holidays and on other occasions specified at C.1.2. The rates of pay applicable to these penalty rates are then set out in C.2 for full and part-time employees and in C.3 for casual employees.

Working hours

% of ordinary hourly rate/casual ordinary hourly rate/minimum hourly rate/casual minimum hourly rate

Employees other than afternoon and night shift workers

 

Ordinary hours

100%

Ordinary hours on a Saturday (clauses 17.2(f)(i) and 33.1(a)(i))

150%

Ordinary hours on a Sunday (clauses 17.2(f)(ii) and 33.1(a)(ii))

200%

Work on a public holiday (clauses 17.2(g) and 33.1(b))

250%

Overtime on a public holiday (clause 32.7(a))

250%

Overtime – first 3 hours per day Monday to Saturday (clause 32.2(a))

150%

Overtime –after 3 hours per day Monday to Saturday (clause 32.2(b))

200%

Overtime on a Sunday (clause 32.6)

200%

Shiftworkers other than those engaged in vehicle manufacturing covered by clause 4.8(a)(xi)

 

Shiftworker – afternoon and night shift (clause 33.2(d))

115%

Shiftworker – permanent night shift (clause 33.2(f)(iii))

130%

Employed on continuous shift work – on a shift other than a rostered shift (clause 33.2(g)(ii))

200%

Employed on other than continuous shift work – Work on shift other than rostered shift - first 3 hours (clause 33.2(g)(ii))

150%

Employed on other than continuous shift work – Work on shift other than rostered shift - after 3 hours (clause 33.2(g)(ii))

200%

Shiftworker – ordinary hours on a Saturday (clause 33.2(i)(i))

150%

Shiftworker – ordinary hours on a Sunday (clause 33.2(j)(ii))

200%

Continuous shiftworker – ordinary hours on a public holiday (clause 33.2(j)(i))

200%

Afternoon or night shift – non-successive shifts – first 3 hours (clause 33.2(e))

150%

Afternoon or night shift – non-successive shifts – after 3 hours (clause 33.2(e))

200%

Other than continuous shiftworker – ordinary hours on public holiday (clause 32.7(c))

250%

Full-time and part-time shiftworkers other than those engaged in vehicle manufacturing covered by clause 4.8(a)(xi).

 

Continuous shiftworker – overtime on a public holiday (clause 32.7(b))

200%

Continuous shiftworker – overtime (clause 32.4)

200%

Other than continuous shiftworker – overtime – first 3 hours Monday to Saturday (clause 32.2(a))

150%

Other than continuous shiftworker – overtime – after 3 hours Monday to Saturday (clause 32.2(a))

200%

Other than continuous shiftworker – overtime – Sunday (clause 32.6)

200%

Other than continuous shiftworker – overtime on a public holiday (clause 32.7(c))

250%

Shiftworkers engaged in vehicle manufacturing covered by clause 4.8(a)(xi).

 

Other than continuous work shift – night shift only (clause 55.1(b)(ii))

130%

Other than continuous work shift – alternating night and afternoon shifts (clause 55.1(b)(ii))

118%

Other than continuous work shift – alternating day and night shifts—rate for the night shift (clause 55.1(b)(ii))

112.5%

Other than continuous work shift – afternoon shift only (clause 55.1(b)(ii))

118%

Other than continuous work shift – alternating day and afternoon shifts—rate for the afternoon shift (clause 55.1(b)(ii))

112.5%

Other than continuous work shift – alternating day, afternoon and night shifts—rate for the afternoon and night shift (clause 55.1(b)(ii))

112.5%

Continuous afternoon or night shift (clause 55.1(d))

112.5%

Saturday (clause 55.1(e))

125%

C.1.2 Other Circumstances Attracting a Penalty Payment

Circumstances

% of ordinary hourly rate/minimum casual ordinary hourly rate

Working through meal breaks on a Saturday or Sunday (clause 18.5(b))

200%

Working through meal break on a shift where employees are entitled to a 15% loading (clause 18.5(b)(iii))

165%

Working through meal break on a shift where employees are entitled to a 30% loading (clause 18.5(b)(iv))

180%

Working through meal break in all other circumstances (clause 18.5(b)(i))

150%

Ship Trials (clause 19.4)

125 or 150%

Travelling time payment Sunday or public holiday (clause 30.5(e)(i)).

150%

Unrelieved shiftworker for work on RDO (clause 32.3)

200%

Rest period after overtime (clause 32.12(d))

200%

Call back other than shiftworker (clause 32.13(b)(i))

150% for first 3 hours
200% thereafter

Call back continuous shiftworker (clause 32.13(b)(ii))

200%

C.2 Full-time and part-time employees’ hourly rates
C.2.1 Where an allowance is payable for all purposes in accordance with clause 30.2, this forms part of an employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties, overtime and leave payments.
C.2.2 The minimum rates in the table below do not contain any clause 30.2 all-purpose allowances. Where an employee is entitled to a clause 30.2 all-purpose allowance an employee’s ordinary hourly rate is calculated according to C.2.1.

Classification1

Hourly rate
% of minimum hourly rate2

 

100%

112.5%

115%

118%

125%

130%

150%

200%

250%

 

$

$

$

$

$

$

$

$

$

C14 / V1

19.49

21.93

22.41

23.00

24.36

25.34

29.24

38.98

48.73

C13 / V2

20.06

22.57

23.07

23.67

25.08

26.08

30.09

40.12

50.15

C12 / V3

20.82

23.42

23.94

24.57

26.03

27.07

31.23

41.64

52.05

C11 / V4

21.54

24.23

24.77

25.42

26.93

28.00

32.31

43.08

53.85

C10 / V5

22.70

25.54

26.11

26.79

28.38

29.51

34.05

45.40

56.75

C9 / V6

23.41

26.34

26.92

27.62

29.26

30.43

35.12

46.82

58.53

C8 / V7

24.12

27.14

27.74

28.46

30.15

31.36

36.18

48.24

60.30

C7

24.77

 

28.49

   

32.20

37.16

49.54

61.93

V8

24.83

27.93

 

29.3

31.04

32.28

37.25

49.66

62.08

C6 / V9

26.02

29.27

29.92

30.7

32.53

33.83

39.03

52.04

65.05

C5 / V10

26.55

29.87

30.53

31.33

33.19

34.52

39.83

53.10

66.38

C4 / V11

27.27

30.68

31.36

32.18

34.09

35.45

40.91

54.54

68.18

C3 / V12

28.69

32.28

32.99

33.85

35.86

37.30

43.04

57.38

71.73

C2(a) / V13

29.41

33.09

33.82

34.7

36.76

38.23

44.12

58.82

73.53

C2(b) / V14

30.69

34.53

35.29

36.21

38.36

39.90

46.04

61.38

76.73

Driver classifications

                 

D1

21.83

24.56

 

25.76

27.29

28.38

32.75

43.66

54.58

D2

22.09

24.85

 

26.07

27.61

28.72

33.14

44.18

55.23

D3

22.36

25.16

 

26.38

27.95

29.07

33.54

44.72

55.90

D4

22.67

25.50

 

26.75

28.34

29.47

34.01

45.34

56.68

1 Rates in bold are for Vehicle Manufacturing employees covered by clause 4.8(a)(xi) only.

2 Rates in table are calculated based on the minimum hourly rate, see clauses C.2.1 and C.2.2.

C.3 Casual employees
C.3.1 Casual minimum hourly rate includes the casual loading which is payable for all purposes. Where an allowance is payable for all purposes in accordance with clause 30.2, this forms part of an employee’s casual ordinary hourly rate and must be added to the applicable permanent minimum hourly rate in C.2. prior to the application of the 25% or 17.5% casual loading to form the casual employee’s ordinary hourly rate. The casual ordinary hourly rate applies for all purposes and is used to calculate penalties and overtime.
C.3.2 The rates in the table below do not contain any clause 30.2 all-purpose allowances. Where a casual employee is entitled to a clause 30.2 all-purpose allowance the casual employee’s ordinary hourly rate is calculated according to C.3.1.

Classification1

Hourly Rate
% of casual minimum hourly rate2
(inclusive of 25% casual loading in accordance with clause 11.2(a))

 

100%

112.5%

115%

118%

125%

130%

150%

200%

250%

 

$

$

$

$

$

$

$

$

$

C14 / V1

24.36

27.41

28.01

28.74

30.45

31.67

36.54

48.72

60.90

C13 / V2

25.08

28.22

28.84

29.59

31.35

32.60

37.62

50.16

62.70

C12 / V3

26.03

29.28

29.93

30.72

32.54

33.84

39.05

52.06

65.08

C11 / V4

26.93

30.30

30.97

31.78

33.66

35.01

40.40

53.86

67.33

C10 / V5

28.38

31.93

32.64

33.49

35.48

36.89

42.57

56.76

70.95

C9 / V6

29.26

32.92

33.65

34.53

36.58

38.04

43.89

58.52

73.15

C8 / V7

30.15

33.92

34.67

35.58

37.69

39.20

45.23

60.30

75.38

C7

30.96

 

35.60

   

40.25

46.44

61.92

77.40

V8

31.04

34.92

 

36.63

38.80

40.35

46.56

62.08

77.60

C6 / V9

32.53

36.60

37.41

38.39

40.66

42.29

48.80

65.06

81.33

C5 / V10

33.19

37.34

38.17

39.16

41.49

43.15

49.79

66.38

82.98

C4 / V11

34.09

38.35

39.20

40.23

42.61

44.32

51.14

68.18

85.23

C3 / V12

35.86

40.34

41.24

42.31

44.83

46.62

53.79

71.72

89.65

C2(a) / V13

36.76

41.36

42.27

43.38

45.95

47.79

55.14

73.52

91.90

C2(b) / V14

38.36

43.16

44.11

45.26

47.95

49.87

57.54

76.72

95.90

Driver classifications

                 

D1

27.29

30.70

 

32.2

34.11

35.48

40.94

54.58

68.23

D2

27.61

31.06

 

32.58

34.51

35.89

41.42

55.22

69.03

D3

27.95

31.44

 

32.98

34.94

36.34

41.93

55.9

69.88

D4

28.34

31.88

 

33.44

35.43

36.84

42.51

56.68

70.85

1 Rates in bold are for Vehicle Manufacturing employees covered by clause 4.8(a)(xi) only.

2 Rates in table are calculated based on the minimum hourly rate, see clauses C.3.1 and C.3.2.

Classification

Hourly Rate
% of casual minimum hourly rate1
(inclusive of 17.5% casual loading in accordance with clause 11.2(e))

 

100%

112.5%

118%

125%

130%

150%

200%

250%

 

$

$

$

$

$

$

$

$

V1

22.90

25.76

27.02

28.63

29.77

34.35

45.80

57.25

V2

23.57

26.52

27.81

29.46

30.64

35.36

47.14

58.93

V3

24.46

27.52

28.86

30.58

31.80

36.69

48.92

61.15

V4

25.31

28.47

29.87

31.64

32.90

37.97

50.62

63.28

V5

26.67

30.00

31.47

33.34

34.67

40.01

53.34

66.68

V6

27.51

30.95

32.46

34.39

35.76

41.27

55.02

68.78

V7

28.34

31.88

33.44

35.43

36.84

42.51

56.68

70.85

V8

29.18

32.83

34.43

36.48

37.93

43.77

58.36

72.95

V9

30.57

34.39

36.07

38.21

39.74

45.86

61.14

76.43

V10

31.20

35.10

36.82

39.00

40.56

46.80

62.40

78.00

V11

32.04

36.05

37.81

40.05

41.65

48.06

64.08

80.10

V12

33.71

37.92

39.78

42.14

43.82

50.57

67.42

84.28

V13

34.56

38.88

40.78

43.20

44.93

51.84

69.12

86.40

V14

36.06

40.57

42.55

45.08

46.88

54.09

72.12

90.15

1 Rates in table are calculated based on the minimum hourly rate, see clauses C.3.1 and C.3.2.

   

Schedule D—Summary of Monetary Allowances
D.1 Wage-related allowances
D.1.1 The wage-related allowances in this award are based on the standard rate defined in clause 2Definitions as the minimum hourly rate prescribed for the C10/V5 level in clause 20.1 = $22.70.
D.1.2 Wage-related allowances

Allowance

Clause

% of standard rate

$

Payable

Leading hand allowance1—In charge of 3 to 10 employees

30.2(a)

166.3

37.75

per week

Leading hand allowance1—In charge of 11 to 20 employees

30.2(a)

248.4

56.39

per week

Leading hand allowance1—In charge of more than 20 employees

30.2(a)

316.2

71.78

per week

Ship repairing1—Tradespersons

30.2(b)

75.5

17.14

per week

Ship repairing1—All other employees

30.2(b)

61.1

13.87

per week

Technical computing equipment1

30.2(e)

196.5

44.61

per week

Supervisor/Trainer/ Coordinator—Technical allowance1

30.2(f)

-

-

107% of the minimum rate applicable to the employee’s technical classification

Artificial fertilizers and chemicals1—Industry allowance—work in relation to fertilizers and related activities (other than acid)

30.2(g)

40.1

9.10

per week

Artificial fertilizers and chemicals1—Industry allowance—otherwise

30.2(g)

52.7

11.96

per week

Artificial fertilizers and chemicals1—General duties

30.2(g)

7.2

1.63

per day

Artificial fertilizers and chemicals1—Acid production and related activities

30.2(g)

11.5

2.61

per day

Artificial fertilizers and chemicals1—Fertiliser production and despatch

30.2(g)

12.3

2.79

per day

First aid allowance

30.3(b)

75.6

17.16

per week

Engine driver and fireperson—Attending to refrigeration compressors

30.3(g)

159.7

36.25

per week

Engine driver and fireperson—Attending to an electric generator or dynamo exceeding 10 kW capacity

30.3(g)

159.7

36.25

per week

Engine driver and fireperson—Being in charge of plant

30.3(g)

159.7

36.25

per week

Engine driver and fireperson—Attending to a switchboard where the generating capacity is 350 kW or over

30.3(g)

49.8

11.30

per week

Cleaner, greaser or oiler allowance

30.3(h)

148.0

33.60

per week

Manganese dioxide and other pigments allowance—First 2 hours

30.3(i)

8.5

1.93

per hour

Manganese dioxide and other pigments allowance—More than 2 hours

30.3(i)

60.3

13.69

per day

Inspector’s allowance (paid in excess of rate payable to employee whose work is inspected)2

53.2

155.04

35.19

per week

Carpenter’s allowance2

53.3

1.25

0.28

per hour

D.1.3 Wage-related allowances—Special rates

Allowance

Clause

% of standard rate

$

Payable

Cold places allowance

30.4(c)

2.8

0.64

per hour

Hot places allowance—Between 46 and 54 degrees Celsius

30.4(d)

2.9

0.66

per hour

Hot places allowance—In excess of 54 degrees Celsius

30.4(d)

3.8

0.86

per hour

Wet places allowance

30.4(e)

2.9

0.66

per hour

Confined spaces allowance

30.4(f)

3.8

0.86

per hour

Dirty work—other than ship repair work

30.4(g)(i)

2.9

0.66

per hour

Dirty work—ship repair work

30.4(g)(ii)

3.8

0.86

per hour

Height money

30.4(h)

2.1

0.48

per hour

Meat digesters and oil tanks allowance

30.4(i)

2.9

0.66

per hour

Sanitary works allowance

30.4(j)

2.0

0.45

per hour

Insulation materials allowance

30.4(k)

3.8

0.86

per hour

Slaughtering yards allowance

30.4(l)

2.1

0.48

per hour

Boiler repairs—smoke-boxes, fire-boxes, furnaces etc.

30.4(m)(i)

2.1

0.48

per hour

Boiler repairs—repairs on oil fired boilers etc.

30.4(m)(ii)

7.4

1.68

per hour

Underground mine work - % of appropriate classification

30.4(n)

-

12%

for the time spent working underground

Explosive powered tools

30.4(o)

7.5

1.70

per day

Ships in dock

30.4(p)

2.1

0.48

per hour

Foundry allowance

30.4(q)

2.2

0.50

per hour

Boiling down works

30.4(r)

2.1

0.48

per hour

Lead works

30.4(s)

2.1

0.48

per hour

Handlers of carbon black

30.4(t)

4.8

1.09

per hour

Installing or repairing belting underground in mines

30.4(u)

1.5

0.34

per hour

Processing free coal dust

30.4(v)

2.1

0.48

per hour

Boiler cleaning—engine driver

30.4(w)

8.2

1.86

per hour

Foreign rock—Rock phosphate, superphosphate and mixed manure sections receiving ex ship or railway truck

30.4(y)

33.6

7.63

per week

Foreign rock—Handling rock phosphate to crushers and all other employees in the rock phosphate section

30.4(y)

31.8

7.22

per week

Foreign rock—Mixing superphosphate

30.4(y)

31.8

7.22

per week

Foreign rock—Excavating bins, and the manufacture or excavating of superphosphate until dumped on the heap for curing

30.4(y)

20.7

4.70

per week

Foreign rock—The handling of superphosphate from the heap until loading in wagons or trucks for despatch, etc.

30.4(y)

12.6

2.86

per week

Farmers’ own bags—Sorting, branding, bagging, etc.

30.4(z)

2.5

0.57

per day

Farmers’ own bags—Loading double-handling into railway or other trucks, etc.

30.4(z)

4.6

1.04

per day

Farmers’ own bags—Loading single-handling into railway or other trucks, etc.

30.4(z)

6.2

1.41

per day

Soda ash

30.4(aa)

8.8

2.00

per hour

Raw materials

30.4(bb)

3.3

0.75

per hour

Skimming and floater setting—flat glass tank

30.4(cc)

12.6

2.86

per half hour

Glass furnace regenerators

30.4(dd)

69.4

15.75

per day

Float glass furnace repair - % of the minimum rate applicable to the employee

30.4(ee)

-

100%

for the time so engaged

Jack bolt tensioner

30.4(ff)

37.6

8.54

per shift or part thereof

Loading and unloading away from employer’s premises

30.4(gg)

37.6

8.54

per shift or part thereof

Glass or slag wool1

53.5

3.69

0.84

per hour

Handling garbage1

53.6

2.86

0.65

per hour

Boiler house employees1

53.7

5.78

1.31

per hour

Fork-lift or cranes allowance1

53.8

11.02

2.50

per day

D.1.4 Adjustment of wage-related allowances

D.2 Expense related allowances
D.2.1 See clause 30Allowances and special rates for details of expense-related allowances payable under this award. In addition, clauses 53.1 and 56.4 deal with certain alternative expense-related allowances for vehicle manufacturing employees covered by clause 4.8(a)(xi) of the award.

D.2.2 Adjustment of expense-related allowances

   

Schedule E—Supported Wage System
E.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
E.2 In this schedule:

E.3 Eligibility criteria
E.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
E.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
E.4 Supported wage rates
E.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum rates according to the following schedule:

Assessed capacity (clause E.5)
%

Relevant minimum rates
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

E.4.2 Provided that the minimum amount payable must be not less than $87 per week.
E.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
E.5 Assessment of capacity
E.5.1 For the purpose of establishing the percentage of the relevant minimum rates, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
E.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
E.6 Lodgement of SWS wage assessment agreement
E.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum rates to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
E.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
E.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.

E.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum rates only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

E.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

E.10 Trial period
E.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
E.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum rates for a continuing employment relationship will be determined.
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause E.5.

Schedule F—School-based Apprenticeships
F.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
F.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training contract for an apprentice declared or recognised by the relevant State or Territory authority.
F.3 The relevant minimum rates for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
F.4 For the purposes of clause F.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
F.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
F.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
F.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
F.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency-based progression, if provided for in this award.
F.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression, if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
F.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
F.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule G—National Training Wage
G.1 Definitions
G.1.1 In this schedule:

G.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at 1 January in each year and is taken to:

G.2 Coverage
G.2.1 Subject to clauses G.2.2 to G.2.5, this schedule applies to an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are allocated to a wage level by clause G.6 or by clause G.4.4.
G.2.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause G.6.
G.2.3 This schedule does not apply to:

G.2.4 If this schedule is inconsistent with other provisions of this award relating to traineeships, the other provisions prevail.
G.2.5 This schedule ceases to apply to an employee at the end of the traineeship.
G.3 Types of traineeship

The following types of traineeship are available:

G.3.1 A full-time traineeship based on 38 ordinary hours per week, with 20% of those hours being approved training;
G.3.2 A part-time traineeship based on fewer than 38 ordinary hours per week, with 20% of those hours being approved training provided:

G.4 Minimum rates
G.4.1 Minimum weekly rates for full-time traineeships

G.4.2 Minimum hourly rates for part-time traineeships

G.4.3 Other minimum rates provisions

G.4.4 Default wage rate

G.5 Employment conditions
G.5.1 A trainee undertaking a school-based traineeship may agree to be paid an additional loading of 25% on all ordinary hours worked instead of being paid annual leave, paid personal/carer’s leave, paid compassionate leave and paid absence on public holidays. However, if the trainee works on a public holiday, the public holiday provisions of this award apply.
G.5.2 A trainee is entitled to be released from work without loss of pay and without loss of continuity of employment to attend any training and assessment specified in, or associated with, the training contract.
G.5.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
G.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses G.4.2(e)(ii) and (iii) and not by clause G.5.3.
G.5.5 Subject to clause G.2.4, this award applies to a trainee in the same way that it applies to an employee who is not a trainee except as otherwise expressly provided by this schedule.
G.6 Allocation of traineeships to wage levels

The wage levels applying to training packages and their AQF certificate levels are:

G.6.1 Wage level A

Training package

AQF certificate level

Aeroskills

II

Aviation

I, II, III

Business Services

I, II, III

Chemical, Hydrocarbons & Refining

I, II, III

Electrotechnology

I, II, III

Information and Communications Technology

I, II, III

Laboratory Operations

II, III

Manufactured Mineral Products

III

Manufacturing

I, II, III

Metal and Engineering (Technical)

III

Plastics, Rubber and Cablemaking

III

Telecommunications

II, III

Training and Assessment

III

Transport and Logistics

III

G.6.2 Wage level B

Training package

AQF certificate level

Automotive Industry Manufacturing

II, III

Automotive Industry Retail, Service and Repair

I, II, III

Caravan Industry

II, III

Furnishing

I, II, III

Manufactured Mineral Products

II

Metal and Engineering (Production)

II, III

Plastics, Rubber and Cablemaking

II

Transport and Logistics

I, II

Schedule H— 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 I— 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 J—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 K—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 L—Part-day Public Holidays
L.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
L.2 Where a part-day public holiday is declared or prescribed between 6.00pm 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:

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