| MA000090 PR722531 [Note: a correction has been issued to this document] |
| FAIR WORK COMMISSION |
DETERMINATION |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards
(AM2019/17)
WINE INDUSTRY AWARD 2010
[MA000090]
Wine industry | |
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 7 OCTOBER 2020 |
4 yearly review of modern awards – Wine Industry Award 2010 – modern award varied.
A. Further to the decision [[2020] FWCFB 5307] issued by the Full Bench of the Fair Work Commission on 6 October 2020, the Wine Industry Award 2010 is varied as follows:
1. By deleting all clauses, schedules and appendices.
2. By inserting the clauses and schedules attached.
B. This determination comes into operation on 13 November 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect in relation to a particular employee until the start of the employee's first full pay period that starts on or after 13 November 2020.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
Table of Contents
Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 4
4. Coverage 4
5. Individual flexibility arrangements 5
6. Requests for flexible working arrangements 7
7. Facilitative provisions 8
Part 2— Types of Employment and Classifications 9
8. Types of employment 9
9. Full-time employees 9
10. Part-time employees 9
11. Casual employees 9
12. Classifications 11
Part 3— Hours of Work 11
13. Ordinary hours of work and rostering 11
14. Breaks 13
Part 4— Wages and Allowances 14
15. Minimum rates 14
16. Apprentice rates 15
17. Piecework rates 18
18. Payment of wages 19
19. Allowances 21
20. Accident pay 23
21. Superannuation 24
Part 5— Overtime and Penalty Rates 26
22. Overtime 26
23. Penalty rates 29
Part 6— Leave and Public Holidays 30
24. Annual leave 30
25. Personal/carer’s leave and compassionate leave 35
26. Parental leave and related entitlements 35
27. Community service leave 35
28. Unpaid family and domestic violence leave 35
29. Public holidays 35
Part 7— Consultation and Dispute Resolution 36
30. Consultation about major workplace change 36
31. Consultation about changes to rosters or hours of work 37
32. Dispute resolution 38
Part 8— Termination of Employment and Redundancy 38
33. Termination of employment 38
34. Redundancy 39
Schedule A —Classification Structure and Definitions 41
Schedule B —Summary of Hourly Rates of Pay 63
Schedule C —Summary of Monetary Allowances 66
Schedule D —School-based Apprentices 69
Schedule E —Supported Wage System 70
Schedule F —Agreement for Time Off Instead of Payment for Overtime 73
Schedule G —Agreement to Take Annual Leave in Advance 74
Schedule H —Agreement to Cash Out Annual Leave 76
Schedule I —Part-day Public Holidays 77
Schedule X —Additional Measures During the COVID-19 Pandemic 79
Part 1—Application and Operation of this Award
1.1 This award is the Wine Industry Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award 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.
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship.
confined space means an enclosed, or partially enclosed, space that is at atmospheric pressure during occupancy and is not intended or designed primarily as a place of work and is liable at any time to have an atmosphere which contains potentially harmful levels of contaminant or to have an oxygen deficiency or excess, or to cause engulfment, and which also could have restricted means for entry and exit.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
standard rate means the minimum hourly rate prescribed for the Grade 4 classification in clause 15.1.
wet place means a place where the employee’s clothing becomes wet or where the employee has to stand in water or slush so that the employee’s feet become wet.
wine industry has the meaning given in clause 4.2.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and NES are available to all employees to whom they apply. This may be achieved by making them available electronically, on a noticeboard which is conveniently located at or near the workplace, or through some other reasonable, accessible means.
4.1 This industry award covers employers throughout Australia in the wine industry and their employees in the classifications in this award to the exclusion of any other award.
4.2 The wine industry means the industry of growing and processing wine grapes and includes:
(a) the preparation of land for the planting of wine grape vines, the planting of wine grape vines, the pruning of wine grape vines, the care, growing, treating, picking, harvesting and forwarding of wine grapes and other activities associated with a wine grape vineyard; and/or
(b) processing wine grapes, producing wine juice or grape spirit, the bottling, packaging, storage or dispatch of wine, brandy or other potable spirit, liqueurs, vinegar or grape juice and other activities associated with a winery or wine distillery including but not limited to cellar door sales, laboratory activities and making or repairing barrels, vats, casks and like articles; and/or
(c) packaging, storing and dispatching of wine or grape spirit from a warehouse facility or other place of storage associated with a winery or wine distillery.
4.3 This award covers any employer which supplies labour on an on-hire basis in the wine industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.3 operates subject to the exclusions from coverage in this award.
4.4 This award covers employers which provide group training services for apprentices and/or trainees engaged in the wine industry and/or parts of that industry 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 herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award does not cover:
(a) employees excluded from award coverage by the Act;
(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or
(c) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and the employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
6. Requests for flexible working arrangements
6.1 Employee may request change in working arrangements
Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.
NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances, as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’ (see section 65(5) and (5A)).
NOTE 3: Clause 6 is an addition to section 65.
Before responding to a request made under section 65, the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:
(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.
NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days, stating whether the employer grants or refuses the request (section 65(4)).
NOTE 2: If the employer refuses the request, then the written response must include details of the reasons for the refusal (section 65(6)).
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:
(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances; and
(ii) if the employer can offer the employee such changes in working arrangements, set out those changes in working arrangements.
6.4 What the written response must include if a different change in working arrangements is agreed
If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee, then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.
6.5 Dispute resolution
Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6, can be dealt with under clause 32—Dispute resolution.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
Clause |
Provision |
Agreement between an employer and: |
Casual conversion to full-time or part-time employment |
An individual | |
Ordinary hours of work |
The majority of employees | |
Spread of hours |
The majority of employees | |
Ordinary working hours |
The majority of employees | |
Make-up time |
An individual | |
Shiftworkers—meal breaks |
An individual | |
Payment of wages |
An individual | |
Time off instead of payment for overtime |
An individual | |
Annual leave—conversion to hourly entitlement |
The majority of employees | |
Annual leave in advance |
An individual | |
Cashing out of annual leave |
An individual | |
Substitution of certain public holidays |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are a full-time, part-time or casual employee.
A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.
10.1 A part-time employee:
(a) works up to 38 ordinary hours per week; and
(b) receives on a pro rata basis, equivalent pay and terms and conditions of employment to those of a full-time employee who does the same kind of work.
10.2 At the time of engagement the employer and the part-time employee must agree in writing to a pattern of work. Any agreed variation to the pattern of work must be recorded in writing.
10.3 Except in the case of pieceworkers, a part-time employee must be paid for ordinary hours worked at the minimum hourly rate prescribed in clause 15—Minimum rates for the work performed.
11.1 A casual employee is an employee who is engaged and paid as a casual employee.
Except in the case of pieceworkers, for each ordinary hour worked, a casual employee must be paid:
(a) the minimum hourly rate; and
(b) a loading of 25% of the minimum hourly rate,
(a) Subject to clause 11.3(b), an employer must pay a casual employee for a minimum of 4 hours’ work (even if the employee is only required to work for a shorter time) on each occasion on which the employee is required to attend work.
(b) If a casual employee is engaged to perform pruning or harvesting work and a weather event not expected at the start of the casual employee’s work prevents 4 hours’ work being done, the casual employee is only required to be paid for a minimum of 2 hours’ work.
(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 12 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 11.4 within 4 weeks of the employee having attained such period of 12 months. The employee retains their right of election under clause 11.4 if the employer fails to comply with clause 11.4(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 11.4(a), on receiving notice under clause 11.4(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 11.4(d), the employer and employee must, subject to clause 11.4(d), discuss and agree on:
(i) which form of employment the employee will convert to, being full-time or part-time; and
(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked, as set out in clause 10—Part-time employees.
(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 11.4(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) For the purposes of clause 11.4, an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.
11.5 An employee must not be engaged and re-engaged to avoid any obligation under this award.
A description of the classifications under this award is set out in Schedule A—Classification Structure and Definitions.
13. Ordinary hours of work and rostering
13.1 The following provisions in clause 13 apply to day workers and shiftworkers. Clause 13.6 does not apply to shiftworkers.
13.2 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.
13.3 Subject to clause 13.7, the ordinary hours for a day worker or shiftworker are an average of up to 38 per week.
13.4 Ordinary hours are to be worked continuously, except for meal breaks.
13.5 Ordinary hours must not exceed 10 hours on any day, except where there is agreement between the employer and the majority of employees in the relevant workplace or section or sections of it, in which case the daily maximum may be extended to up to 12 hours.
(a) Ordinary hours are worked between the hours of 6.00 am and 6.00 pm, Monday to Friday, subject to the following exceptions:
(i) ordinary hours for an employee rostered to perform work in the cellar door are to be worked between 6.00 am and 6.00 pm, Monday to Friday, and 8.00 am and 6.00 pm on Saturday and Sunday; and
(ii) ordinary hours for an employee rostered to perform work in the vineyard are to be worked between 5.00 am and 6.00 pm, Monday to Saturday, during the period of the vintage.
(i) For the purposes of clause 13.6, vintage means a period not exceeding 6 months between November and June inclusive, which starts on the date when the harvest of wine grapes begins at a particular vineyard and ends on the date the last wine grapes are harvested at that vineyard.
(ii) The employer must make and retain a record of the beginning and end of each vintage in conjunction with relevant time and wages records.
(c) The spread of hours may be varied by agreement between an employer and the majority of employees in the relevant workplace or the section or sections of it.
13.7 Methods of arranging ordinary working hours
The method of working the 38 hour week must be agreed between the employer and the majority of employees in the relevant workplace or section or sections of it and may be worked in one of the following arrangements:
(a) 19 days of 8 hours in each 4 week period, with either a fixed or rostered day off;
(b) 9 days of 8 hours and one day of 4 hours in each fortnight with either a fixed half-day off or a rostered half-day off at the beginning or end of the working week;
(c) 4 days of 8 hours and one day of 6 hours in each week, with the 6 hour day being at the beginning or end of the working week; or
(d) any other arrangement agreed to by the employer and the majority of employees directly affected.
(a) An employee may elect, with the consent of the employer, to work make-up time, under which the employee takes times off during ordinary hours and works those hours at a later time, during the spread of ordinary hours provided for in clause 13.
(b) On each occasion the employee elects to use this provision the resulting agreement must be recorded in the time and wages records at the time when the agreement is made.
A day worker must not be required to work for more than 5 hours without an unpaid meal break of between 30 and 60 minutes.
(a) A shiftworker must not be required to work for more than 4.5 hours without a paid meal break of 30 minutes.
(b) By agreement with the employee concerned, up to 6 hours may be worked without the paid meal break where the shiftworker is:
(i) a casual employee or a part-time employee engaged to work no more than 6 hours in any one shift; or
(ii) working their ordinary hours on the basis of a short day each week.
(a) prior to commencing overtime—paid at the rate then applying to the employee for ordinary hours of work; and
(b) after each 4 hours of overtime worked thereafter—paid at the applicable overtime rate.
14.4 Working through meal break
An employee not given a meal break in accordance with clauses 14.1, 14.2 and 14.3 must be paid from then on at 150% of the rate of pay applying immediately before the meal break was due until the meal break is given.
14.5 Rest break
15.1 An employer must pay adult employees, other than those listed in clause 15.3, the following minimum rates for ordinary hours worked by the employee:
Employee classification |
Minimum weekly rate
|
Minimum hourly rate |
|
$ |
$ |
Grade 1 |
751.50 |
19.78 |
Grade 2 |
784.00 |
20.63 |
Grade 3 |
816.60 |
21.49 |
Grade 4 |
862.50 |
22.70 |
Grade 5 |
916.60 |
24.12 |
NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
15.2 For the purposes of clause 15.1, any entitlement to a minimum rate expressed to be by the week means any entitlement which an employee would receive for performing 38 ordinary hours of work.
15.3 The following adult employees are not entitled to the minimum rates set out in the table in clause 15.1:
(a) an adult apprentice (see clause 16—Apprentice rates); or
(b) a trainee (see clause 15.9—National training wage); or
(c) an employee receiving a supported wage (see Schedule E—Supported Wage System); or
(d) an employee who has agreed to a piecework rate in accordance with clause 17—Piecework rates.
15.4 Clause 15.3(a) does not apply to adult apprentices who commenced on or after 1 January 2014 and are in the second and subsequent years of their apprenticeship.
15.5 Unapprenticed junior minimum rates
The minimum rates for an unapprenticed junior employee are to be calculated in accordance with the percentages set out below applied to the appropriate adult classification minimum rates in clause 15.1:
15.6 School-based apprentices
For school-based apprentices, see Schedule D—School-based Apprentices.
(a) An employee engaged for 2 or more hours during one day on duties carrying a higher minimum rate than the employee’s ordinary classification must be paid the higher minimum rate for the day.
(b) If engaged for less than 2 hours during the day on higher duties, the employee must be paid the higher minimum rate for the time worked on higher duties.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System.
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2019. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Wine Industry Award 2020 and not the Miscellaneous Award 2020.
(a) Except as provided for in clause 15.6, the minimum rates for an apprentice cooper, who commenced before 1 January 2014, are to be calculated in accordance with the percentages set out below applied to the Grade 4 classification minimum weekly rate in clause 15.1:
Stage of apprenticeship |
% of Grade 4 rate |
1st year |
42 |
2nd year |
55 |
3rd year |
75 |
4th year |
88 |
(b) Except as provided for in clause 15.6, the minimum rates for an apprentice cooper, who commenced on or after 1 January 2014, are to be calculated in accordance with the percentages set out below applied to the Grade 4 classification minimum weekly rate in clause 15.1:
Stage of apprenticeship |
Apprentices who have not completed year 12 |
Apprentices who have completed year 12 |
% of Grade 4 rate | ||
1st year |
50 |
55 |
2nd year |
60 |
65 |
3rd year |
75 |
75 |
4th year |
88 |
88 |
16.2 Adult apprentice rates
(a) The minimum rate of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the Grade 4 rate, or the rate prescribed by clause 16.1(b) for the relevant year of the apprenticeship, whichever is the greater.
(b) The minimum rate of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification clause 15—Minimum rates, or the rate prescribed by clause 16.1(b) for the relevant year of the apprenticeship, whichever is the greater.
(c) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum rate by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. 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 15.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
(a) Except as provided in clause 16.3 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.
(i) Clause 16.3(b) applies to apprentices required to attend block release training identified in or associated with their training contract.
(ii) Where the training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from the training.
(iii) Clause 16.3(b)(ii) does not apply where the apprentice could attend a closer Registered Training Organisation (RTO), and use of the more distant RTO is not agreed between the employer and the apprentice.
(c) For the purposes of clause 16.3(b)(ii), excess reasonable travel costs include:
(i) the total costs of reasonable transport (including transporting tools where required);
(ii) accommodation costs incurred while travelling (where necessary); and
(iii) reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work.
(d) Excess reasonable travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(e) Reduction of payment
(i) Payment under clause 16.3(b) may be reduced where an apprentice is eligible to receive travel costs to attend the block release training under a Government apprentice assistance scheme.
(ii) The payment may be reduced by the amount the apprentice is entitled to receive under the scheme.
(iii) A payment reduction will only apply if an apprentice has either received assistance under the scheme or their employer has advised them in writing of the availability of the assistance.
(i) An employer must reimburse an apprentice for the following costs paid by the apprentice:
• all training fees charged by an RTO for prescribed courses; and
• all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship.
(ii) An employer must make the reimbursements in clause 16.3(f) at the later of:
• within 6 months of starting the apprenticeship or the relevant stage of the apprenticeship; or
• within 3 months of starting training provided by the RTO.
(iii) Reimbursement under clause 16.3(f) is not payable when there is unsatisfactory progress.
(iv) An employer may meet its obligations under clauses 16.3(f)(i) and 16.3(f)(ii) by paying any fees and/or cost of textbooks directly to the RTO.
(g) Attending training
(i) An apprentice will be released from work to attend any training and assessment specified in, or associated with, the training contract.
(ii) An apprentice’s attendance at training must be without loss of continuity of employment and be paid at the appropriate rates.
(iii) Time spent attending training specified in, or associated with, the training contract, will be counted as time worked for the purposes of calculating the apprentice’s wages and determining their employment conditions.
(h) Clause 16.3(g)(iii) operates subject to the provisions of Schedule D—School-based Apprentices.
(i) Except in an emergency, an apprentice must not be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.
17.1 An employer and a full-time, part-time or casual employee may enter into an agreement for the employee to be paid a piecework rate. An employee on a piecework rate is a pieceworker.
17.2 The piecework rate fixed by agreement between the employer and the employee must enable an employee of average capacity to earn at least 20% more per hour than the minimum hourly rate for ordinary hours of work which is prescribed in this award for the type of employment and the classification level of the employee. The piecework rate agreed is to be paid for all work performed in accordance with the piecework agreement.
17.3 An agreed piecework rate is paid instead of the minimum rates specified in clause 15—Minimum rates.
17.4 The following clauses of this award do not apply to an employee on a piecework rate:
(a) clause 13—Ordinary hours of work and rostering;
(b) clause 19.3(c)—Meal allowance;
(d) clause 23—Penalty rates.
17.5 The employer and the individual employee must have genuinely made the piecework agreement without coercion or duress.
17.6 The piecework agreement between the employer and the individual employee must:
(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) detail the piecework rate;
(c) set out that the piecework rate will be paid instead of the minimum rates specified in clause 15—Minimum rates of the Wine Industry Award 2020;
(d) set out that the following clauses of the Wine Industry Award 2020 do not apply to the employee as the employee is on a piecework rate:
(i) clause 13—Ordinary hours of work and rostering;
(ii) clause 19.3(c)—Meal allowance;
(iv) clause 23—Penalty rates.
(e) state the date the agreement commences to operate.
17.7 The employer must give the individual employee a copy of the piecework agreement and keep it as a time and wages record.
17.8 Except where the employee is under 18 years of age the piecework agreement must not require the approval or consent of a person other than the employer and the individual employee.
17.9 An employer seeking to enter into a piecework agreement with an employee must provide the proposed written agreement 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 proposed piecework agreement.
17.10 Nothing in this award guarantees an employee on a piecework rate will earn at least the minimum weekly or hourly rate in this award for the type of employment and the classification level of the employee, as the employee’s earnings are contingent on their productivity.
17.11 The base rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate in clause 15.1 for the employee’s classification level.
17.12 The full rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate in clause 15.1 for the employee’s classification level plus a loading of 20% of the minimum hourly rate.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.1 Wages must be paid either weekly or fortnightly. Alternative intervals of payment may be used for so long as the employee agrees in writing.
18.2 Wages must be paid by cash or electronic funds transfer (EFT) into the employee’s account at their nominated bank or other recognised financial institution.
(a) If the employment of an employee terminates, the employer must pay an employee the following amounts in accordance with clause 18.3:
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of the termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The amounts described at clause 18.3(a)(i) must be paid to the employee:
(i) by cash on the day of termination; or
(ii) by electronic funds transfer no later than 7 days after the day on which the employee’s employment terminates.
(c) The amounts described at clause 18.3(a)(ii) must be paid to the employee:
(i) by cash on the day of termination; or
(ii) by electronic funds transfer by no later than 7 days after the day on which the employee’s employment terminates.
(d) The requirement to pay wages and other amounts under clause 18.3 is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 18.3(d) allows the Commission to make an order delaying the requirement to make a payment under clause 18.3. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
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.
19.1 Employers must pay to an employee the allowances the employee is entitled to under clause 19.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
19.2 Wage-related allowances
In charge of |
$ per week |
1–4 employees |
20.97 |
5–10 employees |
33.75 |
more than 10 employees |
51.69 |
(ii) Coopers stream leading hands
A leading hand in charge of coopers stream employees, except an employee engaged in the Grade 5 classification, must be paid:
(b) Mobile crane operations
An employee engaged in operating a mobile crane must be paid an allowance of $0.27 per hour while they are engaged on such work.
(c) First aid allowance
An employee who is the current holder of appropriate first aid qualifications, such as a certificate from the St John Ambulance or similar body, and is appointed by the employer to perform first aid duty must be paid an allowance of $17.16 per week or $3.43 per day.
(d) Boilers and flues
An employee engaged in washing out and chipping boilers or in cleaning flues must be paid 150% of the hourly rate applying while they are engaged in such work.
(e) Wet work
An employee who on any day works in a wet place must be paid an allowance of $5.13 per day, unless provided with adequate protective clothing.
(f) Wine vats
An employee engaged in burning and/or waxing closed wine vats must be paid an allowance of $0.95 per hour.
(g) Confined spaces
An employee working in a confined space as a cooper must be paid an allowance of $0.32 per hour.
(h) Dirty work
An employee performing work as a cooper which is of an unusually dirty or offensive nature must be paid an allowance of $0.18 per hour.
(i) Cask firing
An employee engaged in the cask firing as a cooper must be paid an allowance of $5.40 per day or part thereof extra subject to a maximum of $27.06 per week.
19.3 Expense-related allowances
(a) Travel and expenses
(i) Where an employee is required by the employer to travel from one place of work to another:
• the time occupied in such travel must be counted as time worked and paid for as such; and
• the transport and fares for such travel must be provided by the employer or the expense incurred by the employee for such travel must be reimbursed by the employer.
(ii) An employee required by their duties to spend the night away from their home or the property on which they are employed, must be fully reimbursed for all fares and other expenses incurred during the period they are away from their usual place of residence.
(iii) When an employee finishes overtime or shiftwork at any time when their usual means of transport is not available, the employer must reimburse the employee for the cost of transport for the employee to get home.
(b) Vehicle allowance
An employee who agrees with their employer to use their own motor vehicle on the employer’s business, must be paid $0.78 per kilometre travelled.
(c) Meal allowance
(i) An employee who works overtime must, in addition to the rates prescribed elsewhere in this award, be paid $14.70 as a meal allowance on each occasion they work overtime in excess of 2 hours following their ordinary day or shift.
(ii) An employee is not entitled to a meal allowance if:
• they can reasonably return home for a meal; or
• they were notified the day before that they will be required to work overtime; or
• where the employee is provided with an adequate meal by the employer.
(d) Loss or damage of tools
An employer must compensate an employee for the loss or damage caused by fire on the employer’s property of tools owned by an employee which are used by the employee in the course of their employment.
20.1 Definitions
For the purposes of clause 20, the following definitions will apply:
(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 the injury (not including over award payments) provided the latter amount is greater than the former amount.
(b) Injury will be given the same meaning and application as applying under the applicable workers’ compensation legislation covering the employer.
20.2 Entitlement to accident pay
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 for a maximum period of 26 weeks.
20.3 Calculation of the period
(a) The 26 week period commences from the date of injury. In the event of more than one absence arising from one injury, such absences are to be cumulative in the assessment of the 26 week period.
(b) The termination by the employer of the employee’s employment within the 26 week period will not affect the employee’s entitlement to accident pay.
(c) For a period of less than one week, accident pay (as defined) will be calculated on a pro rata basis.
20.4 When not entitled to payment
An employee will not be entitled to any payment under clause 20 in respect of any period of paid annual leave or long service leave, or for any paid public holiday.
20.5 Return to work
If an employee entitled to accident pay under clause 20 returns to work on reduced hours or modified duties, the amount of accident pay due will be reduced by any amounts paid for the performance of such work.
20.6 Redemptions
In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’ compensation legislation, the liability of the employer to pay accident pay will cease from the date the employee receives that payment.
20.7 Damages independent of the Acts
Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers’ compensation legislation, such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under clause 20 and the employee will not be entitled to any further accident pay thereafter.
20.8 Casual employees
For a casual employee, the weekly payment referred to in clause 20.1(a) will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or, if the employee has been employed for less than 12 months by the employer, the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over award payments.
(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.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 21.2.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.
(c) The employer must pay the amount authorised under clauses 21.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.
21.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or (b) to one of the following superannuation funds or its successor:
(a) HOSTPLUS; or
(b) CareSuper; or
(c) AustralianSuper; or
(d) AustSafe Super; or
(e) MTAA Superannuation fund; or
(f) 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
(g) a superannuation fund or scheme which the employee is a defined benefit member of.
22.1 Definition of overtime
(a) A full-time employee must be paid overtime for all time worked outside ordinary hours on any day or shift.
(b) A part-time employee must be paid overtime rates in accordance with clause 22.2—Overtime rates for all time worked:
(i) outside of the spread of ordinary hours; and/or
(ii) in excess of 38 ordinary hours per week; and/or
(iii) in excess of the ordinary hours provided for in clause 13—Ordinary hours of work and rostering.
(c) A casual employee must be paid overtime rates in accordance with clause 22.2—Overtime rates for all time worked:
(i) outside of the spread of ordinary hours; and/or
(ii) in excess of 38 ordinary hours per week; and/or
(iii) in excess of the ordinary hours provided for in clause 13—Ordinary hours of work and rostering.
(d) The overtime rates for a casual employee must be applied to the minimum hourly rate in clause 15—Minimum rates for the work being performed. The casual loading of 25% must also be paid for overtime on a Sunday or public holiday.
(a) Monday to Saturday work
All time worked outside ordinary hours on any day or shift on a Monday to Saturday must be paid for at 150% of the minimum hourly rate for the first 2 hours on any day or shift and 200% of the minimum hourly rate after 2 hours and until the completion of the overtime work.
(b) Sunday work
An employee required to work overtime on a Sunday must be paid at 200% of the minimum hourly rate until the completion of the overtime.
(c) Public holiday work
An employee required to work overtime on a public holiday must be paid for a minimum of 4 hours’ work at 250% of the minimum hourly rate until the completion of the overtime.
(a) The following conditions apply to an employee who works so much overtime that the employee has not had at least 10 consecutive hours off duty between the end of the employee’s work on one day and the start of the employee’s work on the next day:
(i) the employee must be released from duty after that overtime is finished until the employee has had 10 consecutive hours off duty, and
(ii) there will be no loss of pay for ordinary hours of work which occur during this absence.
(b) The following conditions apply to an employee who, on the instructions of the employer, resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 22.3(a):
(i) the employee must be paid at 200% of the minimum hourly rate until the employee is released from duty;
(ii) the employee is then entitled to be absent for 10 consecutive hours; and
(iii) there will be no loss of pay for ordinary hours of work which occur during this absence.
22.4 Call back
Any employee recalled to work overtime after leaving the employer’s premises must be paid for a minimum of 4 hours’ work at the appropriate overtime rate, except where:
(a) it is customary for an employee to return to their employer’s premises to perform a specific task outside their ordinary working hours; or
(b) the overtime commences, subject to a meal break, immediately after the end of ordinary working time, or immediately before the start of ordinary working time.
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 22.5.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iii) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;
(iv) that any payment mentioned in clause 22.5(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 22.5 is set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 22.5 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 22.5 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 22.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 22.5(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 22.5 as an employee record.
(i) 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.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.5 will apply, including the requirement for separate written agreements under clause 22.5(b) for overtime that has been worked.
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 22.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
(a) Saturdays—125% of the minimum hourly rate;
(b) Sundays—200% of the minimum hourly rate; and
23.2 A day worker required to work on a public holiday must be paid for a minimum of 4 hours’ work at the rate of 250% of the minimum hourly rate.
(a) For the purposes of this award:
(i) afternoon shift means any shift finishing after 6.00 pm and at or before midnight; and
(ii) night shift means any shift finishing after midnight and at or before 8.00 am.
(b) Afternoon and night shift penalty rates
(i) Afternoon and night shift
An employee who works on afternoon or night shift must be paid at 115% of the minimum hourly rate.
An employee who:
• during a period of engagement on shift, works night shift only; or
• remains on night shift for a longer period than 4 consecutive weeks; or
• works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle,
must be paid at 130% of the minimum hourly rate for all time worked during ordinary working hours on such night shift.
(i) The following rates must be paid to a shiftworker working on:
• Saturdays—150% of the minimum hourly rate;
• Sundays—200% of the minimum hourly rate; and
• public holidays—250% of the minimum hourly rate.
(ii) The extra rates in clause 23.3(c)(i) are in substitution for and not cumulative upon shift penalty rates prescribed in clause 23.3(b).
24.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.
24.2 Definition of a shiftworker
For the purposes of the additional week of annual leave provided for in section 87(1)(b) of the Act, a shiftworker is a 7 day shiftworker who is regularly rostered on Sundays and public holidays.
24.3 Conversion to hourly entitlement
An employer may reach agreement with the majority of employees in the relevant workplace or a section or sections of it to convert the annual leave entitlement in section 87 of the Act to an hourly entitlement for administrative ease (e.g. 152 hours for a full-time employee entitled to 4 weeks of annual leave).
During a period of annual leave an employee must be paid a shift penalty, in addition to their base rate of pay as referred to in section 90(1) of the Act, as follows:
(a) Day work
An employee who would have worked on day work only had they not been on leave must be paid a loading equal to 17.5% of their base rate of pay as referred to in section 90(1) of the Act or the relevant weekend penalty rates, whichever is the greater but not both.
(b) Shiftwork
An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of their base rate of pay as referred to in section 90(1) of the Act or the shift penalty including relevant weekend penalty rates, whichever is the greater but not both.
(c) Piecework
An employee on a piecework rate must be paid a loading equal to 20% of their base rate of pay.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 24.2).
(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.
(c) Clause 24.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 24.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
(a) If an employer has genuinely tried to reach agreement with an employee under clause 24.5(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 24.6(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.5, 24.6 or 24.7 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 24.6(a) that is in effect.
(d) An employee to whom a direction has been given under clause 24.6(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 24.6(d) may result in the direction ceasing to have effect. See clause 24.6(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
24.7 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 24.5(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 24.7(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 24.6(a) that, when any other paid annual leave arrangements (whether made under clause 24.5, 24.6 or 24.7 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 24.7(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.5, 24.6 or 24.7 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 24.7(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 24.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 24.7(a).
(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:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 24.8 is set out at Schedule G—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 24.8 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.8, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
(a) the employer gives not less than 4 weeks’ notice of the 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 section 90(1) of the Act and clause 24.4; and
(c) an employee who has not accrued sufficient leave to cover part or all of the close down is allowed paid annual leave for the period for which they have accrued sufficient annual leave and given untaken accrued rostered days off, time off instead of overtime or 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 24.9 also counts as service by the employee with their employer; and
(e) the employer may only close down the relevant workplace or the section or sections of it pursuant to clause 24.9 for one or 2 separate periods in a year; and
(f) if the employer closes down the relevant workplace or the section or sections of it pursuant to clause 24.9 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 may close down the relevant workplace or the section or sections 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.
24.10 Proportionate leave on termination
On termination of employment, an employee must be paid for annual leave accrued that has not been taken at the appropriate rate in accordance with section 90(1) of the Act.
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.11.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.11.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 24.11 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 24.11 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 24.11 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 24.11.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.11.
NOTE 3: An example of the type of agreement required by clause 24.11 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.
25. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
26. Parental leave and related entitlements
Parental leave and related entitlements are provided for in the NES.
Community service leave is provided for in the NES.
28. Unpaid family and domestic violence leave
Unpaid family and domestic violence leave is provided for in the NES.
NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
29.1 Public holiday entitlements are provided for in the NES.
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
29.3 Rostered day off falling on public holiday
(a) Except as provided for in clauses 29.3(b) and 29.3(c) and 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 that day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:
(i) 7.6 hours of pay at the ordinary hourly rate; or
(ii) 7.6 hours of extra annual leave; or
(iii) a substitute day off on an alternative week day.
(b) Where an employee has credited time accumulated pursuant to clause 13.7, 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 13.7 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 29.3(b) and 29.3(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 29.3(a) applies to such days off.
For provisions in relation to part-day public holidays see Schedule I—Part-day Public Holidays.
30. Consultation about major workplace change
30.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
30.2 For the purposes of the discussion under clause 30.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
30.3 Clause 30.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
30.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 30.1(b).
30.5 In clause 30 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
30.6 Where this award makes provision for alteration of any of the matters defined at clause 30.5, such alteration is taken not to have significant effect.
31. Consultation about changes to rosters or hours of work
31.1 Clause 31 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
31.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).
31.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 31.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.
31.4 The employer must consider any views given under clause 31.3(b).
31.5 Clause 31 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
32.1 Clause 32 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
32.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.
32.3 If the dispute is not resolved through discussion as mentioned in clause 32.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
32.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 32.2 and 32.3, a party to the dispute may refer it to the Fair Work Commission.
32.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
32.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
32.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 32.
32.8 While procedures are being followed under clause 32 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
32.9 Clause 32.8 is subject to any applicable work health and safety legislation.
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
(a) Clause 33.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
Column 1
|
Column 2
|
Not more than 1 year |
1 week |
More than 1 year but not more than 3 years |
2 weeks |
More than 3 years but not more than 5 years |
3 weeks |
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 33.1(b) continuous service has the same meaning as in section 117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under clause 33.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under clause 33.1(b), then no deduction can be made under clause 33.1(d).
(f) Any deduction made under clause 33.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 33.2 is to be taken at times that are convenient to the employee after consultation with the employer.
(a) Clause 34.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 34.1(c).
(c) If the employer acts as mentioned in clause 34.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
34.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 34 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
34.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 34.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 34.3(b).
(d) An employee who fails to produce proof when required under clause 34.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 33.2.
Schedule A—Classification Structure and Definitions
For the purposes of this award, the classification structure and definitions in the bottling, cellar, cellar door sales, laboratory, vineyard, warehouse and supply and coopers streams are as follows:
A.1 Bottling stream
A.1.1 Grade 1—Bottling stream
(a) An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.
(b) Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.
A.1.2 Grade 2—Bottling stream
(a) Point of entry
(i) A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in all the following modules:
• attending packaging equipment;
• performing repetitive tasks such as:
- binning/debinning unlabelled wines
- application of capsules
- hand labelling
- carton making
- packing wines
- depalletising/palletising;
• bottling hygiene/housekeeping; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 2 employee performs the tasks associated with the modules essential to Grade 2 while demonstrating a safe and responsible approach and requiring little supervision in the performance of those tasks.
(c) Training and promotion
It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.
A.1.3 Grade 3—Bottling stream
(a) Point of entry
(i) A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in 2 or more of the following modules:
• forklift driving (certificate required);
• set up and efficient operation of one or more machines in:
- set up for production
- adjustments required during production
- close down and clean at the end of production;
• change over of one or more machines;
• operation of service equipment related to packaging lines;
• boiler attendant (certificate required); or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 3 employee is expected to perform the tasks appropriate to the modules forming the basis of this grade and assists with the training of new employees. A Grade 3 employee may also be required to lead a packaging line on a relief or seasonal basis, provided they have received or are taking training in the modules essential to the Supervisor level.
(c) Training and promotion
To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in the modules essential to Grade 4, even if only on a relief basis.
A.1.4 Grade 4—Bottling stream
(a) Point of entry
(i) A Grade 3 employee who has successfully completed training and assessment in:
• operation and adjustment of equipment that requires a higher level of skill (as specified by the employer); or
• preparation of filling equipment which includes:
- sterilisation and sanitation of filling machines
- sterile wine filtration
- wine transfer; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 4 employee performs the tasks appropriate to the modules forming the basis of this grade and assists with the training of new employees. The Grade 4 employee may also take on the responsibility of leading a section or department within the winery in which the employee is employed.
(c) Training and promotion
For promotion to the level of Grade 5, a Grade 4 employee will be trained in all modules.
A.1.5 Grade 5—Bottling stream
(a) Point of entry
(i) A Grade 4 employee who has successfully completed training and assessment in the following modules:
• supervision in the workplace (relevant recognised qualification)
• bottling course (relevant recognised qualification)
• maintaining production records
• report writing; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 5 employee co-ordinates the work of employees within a department or a packaging line and maintains company standards relating to safety, quality and production volume. The duties include instructing employees in the modules which are essential to operations in the winery in which the employees are employed, with a conscious effort to continuously improve employee skills.
(c) Training and promotion
An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.
A.2 Cellar stream
A.2.1 Grade 1—Cellar stream
(a) An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.
(b) Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.
A.2.2 Grade 2—Cellar stream
(a) Point of entry
(i) A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in the following modules:
• cellar hygiene
• transferring of product including road tankers and racking if required
• additions
• wine blending
• safety regulations including confined space procedure and chemical handling; or
(ii) A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with training in more than one stream and successful assessment in the following modules:
• cellar hygiene
• transferring of product
• safety regulations including confined space procedure and chemical handling; and
• 2 modules essential to one or 2 other streams such as:
- palletising (bottling hall)
- carton making (bottling hall)
- forklift driving (warehouse/bottling hall)
- heavy vehicle driving (warehouse); or
(iii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 2 employee performs the tasks associated with the modules essential to Grade 2 while demonstrating a safe and responsible approach and requiring little supervision in the performance of those tasks and, subject to training, performs other duties as required, such as:
• tank waxing
• vintage operations such as:
- crushing
- press house work
- tank cleaning (removing skins, etc)
• barrel washing
• forklift driving (certificate required); and
• wood stacking and transferring product to/from wood.
(c) Training and promotion
It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.
A.2.3 Grade 3—Cellar stream
(a) Point of entry
(i) A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in 3 of the following modules:
• forklift driving (certificate required)
• filtration (pad/cartridge/membrane, or earth or lees)
• centrifugation
• fortification
• ion exchange
• de-sulphurising
• juice concentration
• heat exchange
• spirit bond
• boiler attendant (certificate required)
• distiller (limited to equipment operation, including boiler)
• sparkling wine production; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 3 employee is expected, under limited supervision, to perform the duties required of a Grade 2 employee plus the duties appropriate to the 3 modules forming the basis of the qualifications for Grade 3. A Grade 3 employee may also be required to perform the duties appropriate to the operation of all other equipment following a period of training.
(c) Training and promotion
To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in the operation of all equipment within the winery in which the employee is employed, with the exception of distillery and boilers.
A.2.4 Grade 4—Cellar stream
(a) Point of entry
(i) A Grade 3 employee who has successfully completed training and assessment in the duties appropriate to the operation of all the equipment within the winery in which the employee is employed (except distillery and boiler equipment) and in the following:
• cellar procedures course (external)
• health, safety and welfare course (external or internal – on-going); or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 4 employee performs any task without supervision in the winery in which the employee is employed.
(c) Training and promotion
For promotion to Grade 5, a Grade 4 employee will be trained to take on the responsibilities of leading a section or department within the winery in which the employee is employed.
A.2.5 Grade 5—Cellar stream
(a) Point of entry
(i) A Grade 4 employee who has successfully completed training and assessment in the following:
• supervision and methods of instruction
• report writing
• such additional modules as required by the employer; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 5 employee co-ordinates the work of employees within a department and maintains company standards relating to safety, quality and production volume. The employees required to carry out these duties are those responsible for, but not limited to, departments such as output filtration, distillery and sparkling wines. The duties include instructing employees in the modules which are essential to operations in the winery in which the employees are employed, with a conscious effort to continuously improve employee skills.
(c) Training and promotion
An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.
A.3 Cellar door sales stream
A.3.1 Grade 1—Cellar door sales stream
(a) An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.
(b) Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.
A.3.2 Grade 2—Cellar door sales stream
(a) Point of entry
(i) A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in all of the following modules:
• wine appreciation and tasting
• sales/service
• tour guide
• office procedures; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 2 employee performs the tasks associated with the modules essential to Grade 2 while demonstrating a safe and responsible approach and requiring little supervision in the performance of those tasks.
(c) Training and promotion
It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.
A.3.3 Grade 3—Cellar door sales stream
(a) Point of entry
(i) A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in the following modules:
• wine appreciation (external course)
• competency in the use of a visual display unit or PC and keyboard
• stock control/ordering
• invoicing—licensed, private and sample accounts
• banking procedures; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 3 employee is expected to perform the duties required of a Grade 2 employee plus the duties appropriate to the modules forming the basis of the qualifications for Grade 3. A Grade 3 employee may also be required to perform the duties appropriate to the operation of other duties following a period of training.
(c) Training and promotion
To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in modules essential to Grade 4, even if only on a relief basis.
A.3.4 Grade 4—Cellar door sales stream
(a) Point of entry
(i) A Grade 3 employee who has successfully completed training and assessment in the following disciplines:
• resource management and work planning
• point of sale
• accident prevention and investigation
• state and national regulations appertaining to public places
• public relations—hospitality industry (external course); or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 4 employee plans and co-ordinates the activities within the cellar door sales department in which the Supervisor is employed while upholding company standards. Other duties include the responsibility for security in the absence of the cellar door sales manager.
(c) Training and promotion
An employee at this level may undertake further training for the purpose of updating their skills and knowledge. For promotion to Grade 5, a Supervisor will be trained in the disciplines necessary to take on those responsibilities, even if only on a relief basis.
A.4 Laboratory stream
A.4.1 Grade 1—Laboratory stream
(a) An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.
(b) Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.
A.4.2 Grade 2—Laboratory stream
(a) Point of entry
(i) A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in 3 of the following modules:
• routine chemical analysis
• basic light microscopy and identification of micro-organisms
• sterility testing of bottled wine
• basic analytical or packaging instrumentation skills
• routine trial work
• on-line packaging quality monitoring
• incoming packaging materials assessment
• media or reagent preparation; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 2 employee performs the tasks associated with the modules essential to Grade 2 and, subject to training, other duties as required while demonstrating a safe and responsible approach and requiring little supervision in the performance of those tasks.
(c) Training and promotion
It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.
A.4.3 Grade 3—Laboratory stream
(a) Point of entry
(i) A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in 2 of the following modules:
• propagation of micro-organisms
• non-routine trials
• 2 Grade 2 modules in which the employee has not yet been assessed
• advanced analytical, packaging or microbiological instrumentation
• reconciliation of results with standards; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 3 employee is expected to perform the duties required of a Grade 2 employee plus the duties appropriate to the 2 modules forming the basis of the qualifications for Grade 3. A Grade 3 employee may also be required to perform other duties following a period of training.
(c) Training and promotion
To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in modules essential to Grade 4.
A.4.4 Grade 4—Laboratory stream
(a) Point of entry
(i) A Grade 3 employee who:
• has successfully completed training and assessment in:
- health, safety and welfare (external or internal course—on-going)
- plant monitoring and trouble shooting
- working without direct supervision
- training personnel in Grade 1 and Grade 2 modules
- collating and recording information to supervisors within the department;
• is fully competent in all modules pertaining to one of the following areas:
- analytical chemistry
- microbiology
- packaging quality control; and
• has commenced the chemistry or microbiology certificate or equivalent and understands all principles and practices which apply to the candidate’s chosen field; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 4 employee performs any task associated with the modules in which the employee has been assessed while undertaking to learn those modules in which the employee has not been assessed.
(c) Training and promotion
For promotion to Grade 5, a Grade 4 employee will be trained to take on the responsibilities of supervising a section or department within the winery in which the employee is employed.
A.4.5 Grade 5 (Supervisory)—Laboratory stream
(a) Point of entry
(i) A Grade 4 employee who has successfully completed training and assessment in the following disciplines:
• supervision
• report writing
• communication with other departments
• certificate or diploma applicable to the field of speciality; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
(i) A Grade 5 (Supervisory) employee co-ordinates the work of employees within a department and maintains company standards relating to safety, quality and production volume. The employees required to carry out these duties are those responsible for but not limited to departments such as quality control, analytical quality control, vintage laboratory and microbiology laboratory.
(ii) The duties include instructing employees in the modules which are essential to operations in the laboratory in which the employees are employed, with a conscious effort to continuously improve employee skills. Other duties include non-routine trial work and designing new tests/trials as required, investigating analytical exceptions and special projects.
(c) Training and promotion
An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.
A.4.6 Grade 5 (Technical)—Laboratory stream
(a) Point of entry
(i) A Grade 4 employee who has successfully completed training and assessment in the following disciplines:
• advanced chemical, microbiological or packaging skills certification
• appropriate qualification to the field of speciality
• advanced and detailed knowledge of areas of research and product development; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
(i) A Grade 5 (Technical) employee:
• carries out advanced analytical, microbiological or packaging activities, and/or
• works without supervision on projects or product development, and/or
• reports on aspects of work in the area of speciality to management and other departments, and/or
• carries out complex network development or evaluation; and/or
• carries out complex processing trials.
(c) Training and promotion
An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions. Advancement from Grade 5 (Technical) will be associated with the acquisition of supervisory skills.
A.5 Vineyard stream
A.5.1 Grade 1—Vineyard stream
(a) An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.
(b) Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.
A.5.2 Grade 2—Vineyard stream
(a) Point of entry
(i) A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in all of the following modules:
• pruning
• vine training
• basic machinery training
• irrigation
• harvesting
• safety and safety regulations (on-going)
• chemicals handling
• grafting; or
(ii) A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with training in more than one stream and successful training and assessment in general viticulture (internal or external) and 2 modules essential to one or 2 other streams such as:
• forklift driving (certificate required)
• heavy vehicle driving
• basic machinery maintenance; or
(iii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 2 employee performs the tasks associated with the modules essential to Grade 2 while demonstrating a safe and responsible approach and requiring little supervision in the performance of those tasks and, subject to training, performs other duties as required, such as mechanical harvester operations and general vineyard machinery repair and maintenance.
(c) Training and promotion
It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.
A.5.3 Grade 3—Vineyard stream
(a) Point of entry
(i) A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in 3 of the following modules:
• mechanical harvesting operations
• routine repairs and maintenance
• pruning
• vine training
• planting
• trellising
• irrigation
• chemicals handing
• grafting; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 3 employee is expected to perform the duties required of a Grade 2 employee plus the duties appropriate to the 3 modules forming the basis of the qualifications for Grade 3. The Grade 3 employee may also be required to perform other duties following a period of training.
(c) Training and promotion
To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in the handling of all equipment and duties within the vineyard in which the employee is employed.
A.5.4 Grade 4—Vineyard stream
(a) Point of entry
(i) A Grade 3 employee who has successfully completed training and assessment in the duties appropriate to the operation of all the equipment within the vineyard in which the employee is employed and in the following:
• rural studies certificate or equivalent
• health, safety and welfare course (external or internal—on-going); or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 4 employee performs any task without supervision in the vineyard in which the employee is employed.
(c) Training and promotion
For promotion to a Grade 5, a Grade 4 employee will be trained to take on the responsibilities of leading a section or department within the winery in which the employee is employed.
A.5.5 Grade 5—Vineyard stream
(a) Point of entry
(i) A Grade 4 employee who has successfully completed training and assessment in the following disciplines:
• supervision and methods of instruction
• report writing; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 5 employee co-ordinates the work of employees within a section of the vineyard and maintains company standards relating to safety, quality and production volume. The duties include instructing employees in the modules which are essential to operations in the vineyard in which the employees are employed, with a conscious effort to continuously improve employee skills.
(c) Training and promotion
An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.
A.6 Warehouse and supply stream
A.6.1 Grade 1—Warehouse and supply stream
(a) An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.
(b) Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.
A.6.2 Grade 2—Warehouse and supply stream
(a) Point of entry
(i) A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in the following modules:
• forklift operations (certificate required)
• basic physical layout within locations
• basic warehouse or supply procedures
• basic warehouse or supply operations; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 2 employee performs, under supervision, a minimum period of 6 months on each of any 2 of the following duties:
(i) Supply
• bottle yard operation
• scrap yard operation
• order receipt
• material issue
• stock checks/control
• truck driver’s licence.
(ii) Warehouse
• production line forklift duties
• loading bay operations
• warehouse movements—as directed
• truck driver’s licence.
(c) Training and promotion
It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.
A.6.3 Grade 3—Warehouse and supply stream
(a) Point of entry
(i) A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in the following modules:
• the Grade 2 modules
• competent in the use of a computer
• a health, safety and welfare course; or
(ii) A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful assessment in the following modules:
• vintage cellar operations
• bottling hall operation; or
(iii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 3 employee is expected to perform the duties required of a Grade 2 employee plus the duties appropriate to 2 of the modules forming the basis of the qualifications for Grade 3. A Grade 3 employee may also be required to perform the duties appropriate to the operation of all other equipment following a period of training.
(c) Training and promotion
To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in the operation of all equipment and operations within the warehouse area in which the employee is employed.
A.6.4 Grade 4—Warehouse and supply stream
(a) Point of entry
(i) A Grade 3 employee who has completed an accredited assessment in the operation of all work performed in the warehouse or supply at Grades 2 and 3 level plus emergency procedures—in house and a health, safety and welfare course; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 4 employee performs any task associated with the equipment within the warehouse area in which the employee is employed and is able to perform any task without supervision in the warehouse in which the employee is employed.
(c) Training and promotion
For promotion to Grade 5, a Grade 4 employee will be trained in the duties of supervising a section or area in which the employee is employed in the warehouse.
A.6.5 Grade 5—Warehouse and supply stream
(a) Point of entry
(i) A Grade 4 employee who has completed an accredited assessment in the following disciplines:
• Supervision—approved course (internal/external)
• forklift operators examiner’s course
• report writing
• warehouse—overall knowledge of despatch office procedures
• supply—overall knowledge of supply office procedures; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 5 employee co-ordinates the work of those within their area of responsibility in the warehouse including maintaining the employer’s standards relating to safety, quality and production volume, and instructing other employees in modules essential to the operations of the warehouse in which the employees are employed.
(c) Training and promotion
An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.
A.7 Coopers stream
A.7.1 Grade 1—Coopers stream
(a) An employee at this level is a trainee undertaking a 3 month induction training program, followed by training in the modules essential to the Grade 2 level.
(b) Such training will be completed and assessed within 12 months of service from the date of employment. The employee will automatically be appointed to Grade 2 on passing an accredited assessment for progression from Grade 1 to Grade 2.
A.7.2 Grade 2—Coopers stream
(a) Point of entry
(i) A Grade 1 employee who has passed an accredited assessment for progression from Grade 1 to Grade 2 with successful completion of training and assessment in the following modules:
• basic supply procedures
• basic supply operations
• basic wood storage/knowledge
• forklift driver’s licence
• basic machinery use
• basic safety regulations and procedures; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 2 employee performs tasks associated with the modules essential to Grade 2 while demonstrating a safe and responsible approach and requiring little supervision.
(c) Training and promotion
It is expected that training for Grade 3 will be completed and assessed within 24 months of appointment to Grade 2. Appointment to the Grade 3 classification will be automatic upon passing the accredited assessment.
A.7.3 Grade 3—Coopers stream
(a) Point of entry
(i) A Grade 2 employee who has passed an accredited assessment for progression from Grade 2 to Grade 3 with successful completion of training and assessment in 3 of the following modules:
• setting up and efficient operation of one or more machines
• safety regulations including confined space procedure
• forklift driving
• basic machine maintenance
• product storage and transfer
• health, safety and welfare course (internal or external); or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 3 employee is expected to perform the duties required of a Grade 2 employee and also the operation and adjustment of equipment that requires a higher skill. A Grade 3 employee also performs duties appropriate to the modules forming the basis of the qualifications of Grade 3.
(c) Training and promotion
To prepare for a position as a Grade 4, a Grade 3 employee will be trained and assessed in the operation of all equipment and operations within the area in which the employee is employed.
A.7.4 Grade 4—Coopers stream
(a) Point of entry
(i) A person who has completed a recognised apprenticeship as a Trades Cooper; or
(ii) A Grade 3 employee who has successfully completed training and assessment in the following:
• resource management and work planning
• accident prevention and investigation
• supervision and methods of instruction
• report writing
• such additional modules as required by the employer; or
(iii) A person deemed by the employer to be have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
(i) A Grade 4 employee performs tasks in all aspects of the manufacture and maintenance of casks, barrels and vats including:
• making or repairing any cask or any article composed of staves and hoops
• preparing and shaping timber with hand tools for casks or vats
• putting together and/or finishing casks or vats with hand tools
• heading casks
• grading or classifying timber to be used for the purpose of building casks or vats
• performing any other work relating to coopering as directed
• being responsible for directing a trades assistant and/or an apprentice
• co-ordinating the work of employees
• maintaining appropriate standards relating to safety, quality and production volumes; and
• co-ordination and instruction of Grade 1, 2 and 3 employees.
(c) Training and promotion
For promotion to Grade 5, a Grade 4 employee will be trained to take on the responsibilities of supervision, co-ordination and instruction.
A.7.5 Grade 5—Coopers stream
(a) Point of entry
(i) A Grade 4 employee who has successfully completed training and assessment in:
• supervision and instruction
• forklift drivers examiner’s course
• report writing
• restructuring
• overall knowledge of supply and production procedures; or
(ii) A person deemed by the employer to have the necessary skills and competence to satisfactorily perform duties at this level.
(b) Duties
A Grade 5 employee co-ordinates the work of those within any area of responsibility, including on safety standards, quality standards, production standards and/or works without supervision on projects and product development.
(c) Training and promotion
An employee at this level may be required to undertake further training for the purpose of updating their skills and knowledge. An employee at this level may also be required to undertake further management training for promotion to salaried positions.
Schedule B—Summary of Hourly Rates of Pay
B.1 Full-time and part-time adult employees
B.1.1 Full-time and part-time employees other than shiftworkers—ordinary and penalty rates
|
Ordinary hours |
Saturday—cellar door or vineyard (vintage only see clauses 13.6(a)(ii) and (b)) |
Sunday—cellar door |
Public holiday |
% of minimum hourly rate | ||||
|
100% |
125% |
200% |
250% |
$ |
$ |
$ |
$ | |
Grade 1 |
19.78 |
24.73 |
39.56 |
49.45 |
Grade 2 |
20.63 |
25.79 |
41.26 |
51.58 |
Grade 3 |
21.49 |
26.86 |
42.98 |
53.73 |
Grade 4 |
22.70 |
28.38 |
45.40 |
56.75 |
Grade 5 |
24.12 |
30.15 |
48.24 |
60.30 |
B.1.2 Full-time and part-time shiftworkers—ordinary and penalty rates
|
Ordinary hours |
Afternoon shift1 and night shift2 |
Permanent night shift3 |
Saturday |
Sunday |
Public holiday |
% of minimum hourly rate | ||||||
|
100% |
115% |
130% |
150% |
200% |
250% |
$ |
$ |
$ |
$ |
$ |
$ | |
Grade 1 |
19.78 |
22.75 |
25.71 |
29.67 |
39.56 |
49.45 |
Grade 2 |
20.63 |
23.72 |
26.82 |
30.95 |
41.26 |
51.58 |
Grade 3 |
21.49 |
24.71 |
27.94 |
32.24 |
42.98 |
53.73 |
Grade 4 |
22.70 |
26.11 |
29.51 |
34.05 |
45.40 |
56.75 |
Grade 5 |
24.12 |
27.74 |
31.36 |
36.18 |
48.24 |
60.30 |
1 Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
2 Night shift means any shift finishing after midnight and at or before 8.00 am.
3 Permanent night shift is night shift worked in accordance with clause 23.3(b)(ii).
B.1.3 Full-time and part-time employees—overtime
Monday to Saturday |
Sunday |
Public holiday | ||
|
First 2 hours |
After 2 hours | ||
% of minimum hourly rate | ||||
|
150% |
200% |
200% |
250% |
$ |
$ |
$ |
$ | |
Grade 1 |
29.67 |
39.56 |
39.56 |
49.45 |
Grade 2 |
30.95 |
41.26 |
41.26 |
51.58 |
Grade 3 |
32.24 |
42.98 |
42.98 |
53.73 |
Grade 4 |
34.05 |
45.40 |
45.40 |
56.75 |
Grade 5 |
36.18 |
48.24 |
48.24 |
60.30 |
B.2 Casual adult employees
B.2.1 Casual employees other than shiftworkers—ordinary and penalty rates
|
Ordinary hours |
Saturday— cellar door or vineyard (vintage only see clauses 13.6(a)(ii) and (b)) |
Sunday—cellar door |
Public holiday |
% of minimum hourly rate | ||||
|
125% |
150% |
225% |
275% |
$ |
$ |
$ |
$ | |
Grade 1 |
24.73 |
29.67 |
44.51 |
54.40 |
Grade 2 |
25.79 |
30.95 |
46.42 |
56.73 |
Grade 3 |
26.86 |
32.24 |
48.35 |
59.10 |
Grade 4 |
28.38 |
34.05 |
51.08 |
62.43 |
Grade 5 |
30.15 |
36.18 |
54.27 |
66.33 |
B.2.2 Casual shiftworkers—ordinary and penalty rates
|
Ordinary hours |
Afternoon shift1 and night shift2 |
Permanent night shift3 |
Saturday |
Sunday |
Public holiday |
% of minimum hourly rate | ||||||
|
125% |
140% |
155% |
175% |
225% |
275% |
$ |
$ |
$ |
$ |
$ |
$ | |
Grade 1 |
24.73 |
27.69 |
30.66 |
34.62 |
44.51 |
54.40 |
Grade 2 |
25.79 |
28.88 |
31.98 |
36.10 |
46.42 |
56.73 |
Grade 3 |
26.86 |
30.09 |
33.31 |
37.61 |
48.35 |
59.10 |
Grade 4 |
28.38 |
31.78 |
35.19 |
39.73 |
51.08 |
62.43 |
Grade 5 |
30.15 |
33.77 |
37.39 |
42.21 |
54.27 |
66.33 |
1 Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
2 Night shift means any shift finishing after midnight and at or before 8.00 am.
3 Permanent night shift is night shift worked in accordance with clause 23.3(b)(ii).
Monday to Saturday |
Sunday |
Public holiday | ||
|
First 2 hours |
After 2 hours | ||
% of minimum hourly rate | ||||
|
150% |
200% |
225% |
275% |
$ |
$ |
$ |
$ | |
Grade 1 |
29.67 |
39.56 |
44.51 |
54.40 |
Grade 2 |
30.95 |
41.26 |
46.42 |
56.73 |
Grade 3 |
32.24 |
42.98 |
48.35 |
59.10 |
Grade 4 |
34.05 |
45.40 |
51.08 |
62.43 |
Grade 5 |
36.18 |
48.24 |
54.27 |
66.33 |
Schedule C—Summary of Monetary Allowances
See clause 19—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum hourly rate for the Grade 4 classification in clause 15.1 = $22.70.
Allowance |
Clause |
% of standard rate |
$ |
Payable |
Other leading hand, in charge of—1 to 4 employees |
19.2(a)(i) |
92.4 |
20.97 |
per week |
Other leading hand, in charge of—5 to 10 employees |
19.2(a)(i) |
148.7 |
33.75 |
per week |
Other leading hand, in charge of—more than 10 employees |
19.2(a)(i) |
227.7 |
51.69 |
per week |
Coopers stream leading hand, in charge of—3 to 10 employees |
19.2(a)(ii) |
137.1 |
31.12 |
per week |
Coopers stream leading hand, in charge of—11 to 20 employees |
19.2(a)(ii) |
207.4 |
47.08 |
per week |
Coopers stream leading hand, in charge of—more than 20 employees |
19.2(a)(ii) |
266.4 |
60.47 |
per week |
Mobile crane operator’s allowance |
19.2(b) |
1.2 |
0.27 |
per hour |
First aid allowance—per week |
19.2(c) |
75.6 |
17.16 |
per week |
First aid allowance—per day |
19.2(c) |
15.1 |
3.43 |
per day |
Wet work allowance |
19.2(e) |
22.6 |
5.13 |
per day |
Wine vats allowance |
19.2(f) |
4.2 |
0.95 |
per hour |
Confined spaces allowance |
19.2(g) |
1.4 |
0.32 |
per hour |
Dirty work allowance |
19.2(h) |
0.8 |
0.18 |
per hour |
Cask firing allowance—per day or part thereof |
19.2(i) |
23.8 |
5.40 |
per day or part thereof |
Cask firing allowance—maximum per week—an amount of up to |
19.2(i) |
119.2 |
27.06 |
per week |
C.1.2 Adjustment of wage-related allowances
Wage-related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.
C.2 Other allowances
C.2.1 The boilers and flues allowance will be payable to employees in accordance with clause 19.2(d):
Allowance |
Clause |
% |
Payment detail |
Boilers and flues |
19.2(d) |
150 |
% of applicable hourly rate while engaged in such work |
C.3 Expense-related allowances
C.3.1 The expense-related allowances will be payable to employees in accordance with clause 19.3:
Allowance |
Clause |
$ |
Payable |
Vehicle allowance |
19.3(b) |
0.78 |
per km |
Meal allowance—overtime in excess of 2 hours |
19.3(c)(i) |
14.70 |
per occasion |
C.3.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance must be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
Allowance |
Applicable Consumer Price Index figure |
Vehicle allowance |
Private motoring sub-group |
Meal allowance |
Take away and fast foods sub-group |
Schedule D—School-based Apprentices
D.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.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
D.4 For the purposes of clause D.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.
D.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.
D.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.
D.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.
D.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.
D.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.
D.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.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
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:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
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 wage according to the following schedule:
Assessed capacity (clause E.5)
|
Relevant minimum wage
|
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 $89 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 wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
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 wage 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 wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
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 wage 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 $89 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—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 G—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 H—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 I—Part-day Public Holidays
I.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
I.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:
(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
(b) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of exercising their right under the NES does not work, they will be paid their ordinary rate of pay for such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of being on annual leave does not work, they will be taken not to be on annual leave during the hours of the declared or prescribed part-day public holiday that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday, but as a result of having a rostered day off (RDO) provided under this award, does not work, the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Excluding annualised salaried employees to whom clause I.2(f) applies, where an employee works any hours on the declared or prescribed part-day public holiday they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday, they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked on the declared or prescribed part-day public holiday.
(g) An employee not rostered to work on the declared or prescribed part-day public holiday, other than an employee who has exercised their right in accordance with clause I.2(a), will not be entitled to another day off, another day’s pay or another day of annual leave as a result of the part-day public holiday.
I.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.
I.4 This schedule is not intended to detract from or supplement the NES.
Schedule X—Additional Measures During the COVID-19 Pandemic
X.1 Subject to clauses X.2.1(d) and X.2.2(c), Schedule X operates from 8 April 2020 until 29 March 2021. The period of operation can be extended on application.
X.2 During the operation of Schedule X, the following provisions apply:
X.2.1 Unpaid pandemic leave
(a) Subject to clauses X.2.1(b), (c) and (d), any employee is entitled to take up to 2 weeks’ unpaid leave if the employee is required by government or medical authorities or on the advice of a medical practitioner to self-isolate and is consequently prevented from working, or is otherwise prevented from working by measures taken by government or medical authorities in response to the COVID-19 pandemic.
(b) The employee must give their employer notice of the taking of leave under clause X.2.1(a) and of the reason the employee requires the leave, as soon as practicable (which may be a time after the leave has started).
(c) An employee who has given their employer notice of taking leave under clause X.2.1(a) must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason given in clause X.2.1(a).
(d) A period of leave under clause X.2.1(a) must start before 29 March 2021, but may end after that date.
(e) Leave taken under clause X.2.1(a) does not affect any other paid or unpaid leave entitlement of the employee and counts as service for the purposes of entitlements under this award and the NES.
NOTE: The employer and employee may agree that the employee may take more than 2 weeks’ unpaid pandemic leave.
X.2.2 Annual leave at half pay
(a) Instead of an employee taking paid annual leave on full pay, the employee and their employer may agree to the employee taking twice as much leave on half pay.
(b) Any agreement to take twice as much annual leave at half pay must be recorded in writing and retained as an employee record.
(c) A period of leave under clause X.2.2(a) must start before 29 March 2021, but may end after that date.
EXAMPLE: Instead of an employee taking one week’s annual leave on full pay, the employee and their employer may agree to the employee taking 2 weeks’ annual leave on half pay. In this example:
• the employee’s pay for the 2 weeks’ leave is the same as the pay the employee would have been entitled to for one week’s leave on full pay (where one week’s full pay includes leave loading under the Annual Leave clause of this award); and
• one week of leave is deducted from the employee’s annual leave accrual.
NOTE 1: A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.
NOTE 2: Under section 340(1) of the Act, an employer must not take adverse action against an employee because the employee has a workplace right, has or has not exercised a workplace right, or proposes or does not propose to exercise a workplace right, or to prevent the employee exercising a workplace right. Under section 342(1) of the Act, an employer takes adverse action against an employee if the employer dismisses the employee, injures the employee in his or her employment, alters the position of the employee to the employee’s prejudice, or discriminates between the employee and other employees of the employer.
NOTE 3: Under section 343(1) of the Act, a person must not organise or take, or threaten to organise or take, action against another person with intent to coerce the person to exercise or not exercise, or propose to exercise or not exercise, a workplace right, or to exercise or propose to exercise a workplace right in a particular way.