MA000017  PR724998 [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)

TEXTILE, CLOTHING, FOOTWEAR AND ASSOCIATED INDUSTRIES AWARD 2010
[MA000017]

Clothing industry

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 4 DECEMBER 2020

4 yearly review of modern awards – Textile, Clothing, Footwear and Associated Industries Award 2010 – modern award varied and renamed.

A. Further to the decision [[2020] FWCFB 6520] issued by the Full Bench of the Fair Work Commission on 3 December 2020, the Textile, Clothing, Footwear and Associated Industries 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 1 February 2021. 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 1 February 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Textile, Clothing, Footwear and Associated Industries Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and Commencement 3
2. Definitions 3
3. The National Employment Standards and this award 4
4. Coverage 4
5. Individual flexibility arrangements 7
6. Requests for flexible working arrangements 8
7. Facilitative provisions 10
Part 2— Types of Employment and Classifications 11
8. Types of employment 11
9. Full-time employees 12
10. Part-time employees 12
11. Casual employees 13
12. Junior employees 15
13. Apprentices 15
14. Outwork and related provisions 15
15. Classifications 16
Part 3— Hours of Work 17
16. Ordinary hours of work 17
17. Rostering arrangements 18
18. Breaks 19
Part 4— Wages and Allowances 21
19. Minimum rates 21
20. Payment of wages 25
21. Payment by results (PBR) 26
22. Allowances—General 29
23. Allowances—Clothing industry 31
24. Allowances—Textile industry 32
25. Allowances—Felt and wadding industry 34
26. Accident pay 34
27. Superannuation 36
Part 5— Overtime and Penalty Rates 37
28. Overtime 37
29. Shiftwork and penalty rates—general 41
30. Shiftwork and penalty rates—textile industry 41
31. Seven day continuous shiftwork and penalty rates—textile industry 43
Part 6— Leave and Public Holidays 45
32. Annual leave 45
33. Personal/carer’s leave and compassionate leave 51
34. Parental leave and related entitlements 51
35. Community service leave 51
36. Unpaid family and domestic violence leave 51
37. Public holidays 51
Part 7— Consultation and Dispute Resolution 53
38. Consultation about major workplace change 53
39. Consultation about changes to rosters or hours of work 54
40. Dispute resolution 54
41. Dispute resolution training leave 55
Part 8— Termination of Employment and Redundancy 56
42. Termination of employment 56
43. Redundancy 57
Schedule A —Classifications/Skill Levels 60
Schedule B —Classifications/Skill Levels Definitions 68
Schedule C —Summary of Hourly Rates of Pay—General 79
Schedule D —Summary of Monetary Allowances 86
Schedule E —Apprentices 89
Schedule F —Outwork and Related Provisions 93
Schedule G —Supported Wage System 107
Schedule H —Agreement to Take Annual Leave in Advance 110
Schedule I —Agreement to Cash Out Annual Leave 111
Schedule J —Part-day Public Holidays 112
Schedule X —Additional Measures During the COVID-19 Pandemic 113

Part 1—Application and Operation of this Award

1. Title and Commencement

1.1 This award is the Textile, Clothing, Footwear and Associated Industries Award 2020.

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

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

2. Definitions

In this award, unless the contrary intention appears:

3. The National Employment Standards and this award

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

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

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

3.4 Outworkers covered by Schedule F—Outwork and Related Provisions, will be provided with the information sheet appended to that Schedule.

4. Coverage

4.1 This industry award covers employers throughout Australia in the textile industry, clothing industry, bag making industry, button making industry, footwear industry and allied manufacturing and fabricating industries and their employees engaged in duties covered by the classifications in this award.

4.2 The industries set out in clause 4.1 are defined as follows:

(a) allied manufacturing and fabricating industries includes but is not limited to:

(b) bag making industry includes bag making and repairing, including manufacture of jute, hessian, calico and stockinette bags, water bags, tents, tarpaulins, blinds and covers;

(c) button making industry includes haberdashery and manufacture and/or treatment of buckles, buttons and of badges;

(d) clothing industry includes wholly or partly designing, preparing, manufacturing, processing, labelling or, finishing, or wholly or partly controlling, managing or supervising the designing, preparing, manufacturing, processing or finishing, of any type of garment, apparel or articles (including aprons, napery, nappies, manchester, linen, handkerchiefs, mosquito nets, artificial flowers, cot covers, blankets, collars, cuffs, neckwear, earmuffs, rugs and mats, hats and headwear, umbrellas or parasols or the like) whether inside or outside of a factory or workroom;

(e) footwear industry includes design or cutting of patterns for and/or wholly or partly preparation, manufacturing, making and repairing of footwear, boots, shoes, sandals, surgical and fitted boots and slippers and all component parts, of every description from any material, including cutting or preparing half soles, tip fillers or top pieces including where performed by bespoke bootmakers and repairers and heel bar operatives;

(f) textile industry includes artificial silk; blinds; braids; carpets; cloth, including shade cloth; commission dyeing, bleaching and finishing; cotton; cotton wool; elastic webbing; embroidery; fabrics; felt, wool and/or fibre; filament yarns; flax; hosiery; knitting and knitted articles; kraft paper yarns; labels; lace; man-made fibres; medical dressings, materials and supplies; mercerising; narrow fabrics; non-woven fabrics; personal and household hygiene products; printing of textiles; pure silk; quilting; ribbons; synthetic fibres and yarns; tassels; technical textiles; textile waste and flock; trimmings; wadding; webbing tapes; woollen and worsted; and woven materials.

4.3 This award covers all outworker entities who are covered by the terms of this award in respect of Schedule F—Outwork and Related Provisions.

4.4 This award does not cover:

(a) electricians;

(b) clerical employees within the application of the Clerks—Private Sector Award 2020;

(c) maintenance tradespersons and their apprentices covered by the classifications contained in the Manufacturing and Associated Industries and Occupations Award 2020, save and except for textile, clothing and footwear mechanics/tradespersons and their apprentices covered by the classifications contained in this award.

4.5 This award does not cover:

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

(b) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009), 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 This award covers any employer which supplies labour on an on-hire basis in any of the industries set out in clause 4.1 (as defined is clause 4.2) in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in those industries. Clause 4.6 operates subject to the exclusions from coverage in this award.

4.7 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industries and/or parts of the industries set out at clause 4.1 (as defined in clause 4.2) 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 4.7 operates subject to the exclusions from coverage in this award.

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

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An individual flexibility agreement cannot be made so as to affect the provisions of Schedule F—Outwork and Related Provisions.

5.5 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.

5.6 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.

5.7 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.

5.8 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.

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

5.10 The employer must give the employee up to 7 working days to enable the employee to seek advice, where appropriate, from the employee’s union.

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

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

5.13 An agreement may be terminated:

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

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

5.14 An agreement terminated as mentioned in clause 5.13(b) ceases to have effect at the end of the period of notice required under that clause.

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

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

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

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

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

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

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

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

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

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

6.5 Dispute resolution

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitation by individual agreement

(a) paying a regular part-time employee a loading;

(b) broken leave;

(c) changing the time of taking annual leave;

(d) rostered day substitution;

(e) annual leave in advance;

(f) cashing out of annual leave; and/or

(g) time off instead of payment for overtime; and

(h) substitution of public holidays or part-day public holidays by agreement.

7.3 Facilitation by majority or individual agreement

(a) changing the day a rostered day off is taken;

(b) rostered day substitution;

(c) spread of hours altered by up to one hour at either end of the spread (7.00 am to 7.00 pm); and/or

(d) not working for more than 5 hours without a meal break unless by agreement.

7.4 Facilitation by majority agreement

(a) alteration of time standards;

(b) operation of PBR system;

(c) changing the starting and finishing times;

(d) time of taking rostered days off;

(e) extending annual close down by no more than 2 days;

(f) closing down in 2 or 3 periods, and time of annual close down;

(g) calculation of PBR; and/or

(h) overtime.

7.5 Procedure for seeking majority or individual agreement

(a) where the employee’s understanding of written English is limited, the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal;

(b) the agreement reached must be recorded in the time and wages record kept by the employer;

(c) if an employee is a member of a union, the employee may be represented by that organisation in meeting and conferring with the employer about the implementation of the facilitative provisions; and

(d) where the union is representing employee/s it must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of facilitative provisions. Involvement by the union does not mean that the consent of the representative is required prior to the introduction of the facilitative provisions.

7.6 Individual agreement

(a) no agreement has been sought by the employer with the majority of employees; and

(b) the agreement is only with an individual employee or a number of individuals less than the majority in the workplace or a section or sections of it.

Part 2—Types of Employment and Classifications

8. Types of employment

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

(a) full-time;

(b) part-time; or

(c) casual.

9. Full-time employees

A full-time employee is engaged to work 38 ordinary hours per week.

10. Part-time employees

10.1 A part-time employee is a day worker or shiftworker who:

(a) is engaged to work less than 38 ordinary hours per week;

(b) has predictable hours of work; and

(c) receives, on a pro rata basis, equivalent pay and conditions of those full-time employees who do the same kind of work.

10.2 An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee.

10.3 A part-time employee may be employed in any skill level of this award.

10.4 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

10.5 Any variation to the regular pattern of work must be agreed and recorded in writing in accordance with clause 7.

10.6 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any day or any shift.

10.7 An employer must not require a part-time employee to attend for duty more than once on any one day.

10.8 All time worked in excess of the hours mutually agreed in accordance with clauses 10.4 and 10.5 will be overtime and paid for at the rates prescribed in clause 28Overtime.

10.9 A part-time employee must be paid at least:

(a) if time workers: at the ordinary hourly rate prescribed for the appropriate skill level for the work performed; or

(b) if payment by results workers: at the appropriate payment by results system rate in accordance with clause 21Payment by results (PBR), provided that the payment is not less than the hourly rate for their skill level for the time worked.

10.10 When calculating a part-time employee’s pro rata entitlement to annual leave and personal/carer’s leave, the part-time employee must be paid in proportion to the average number of ordinary hours worked in the previous 12 months. If there is not a 12 month period of employment then the calculation will be based on the average number of ordinary hours worked each week for the actual period of employment.

10.11 Where a part-time employee works on a public holiday payment will be calculated in accordance with clause 37.3Work on public holidays.

10.12 Where an employee and their employer agree in writing, part-time employment may be converted to full-time, and vice-versa. If such an employee transfers from full-time employment to part-time employment (or vice-versa), all accrued award and legislative entitlements will be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment. Following transfer to full-time employment accrual will occur in accordance with the provisions relevant to full-time employment. At the request of the employee, the employer must provide to the employee written confirmation of the quantum of the employee’s leave entitlements as at the date of conversion.

11. Casual employees

11.1 A casual employee is an employee who is engaged in relieving work or work of a casual, irregular or intermittent nature, but does not include an employee who could properly be classified as a full-time or part-time employee.

11.2 An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee.

11.3 A casual employee must be notified:

(a) upon initial engagement, that they are engaged as a casual employee; and

(b) upon any change of employment status, of their new employment status.

11.4 On each occasion a casual employee is required to work, the casual employee is entitled to a minimum payment for 3 hours’ work.

11.5 An employer must not require a casual employee to attend for duty more than once on any day.

11.6 Casual employees must be paid at the end of each day, but may agree to be paid weekly.

11.7 Casual employees are entitled to penalty payments for overtime, shiftwork and work on public holidays in accordance with the provisions of this award as they apply to permanent employees.

11.8 Casual employees are entitled to all provisions of this award including overtime and superannuation and excluding annual leave, sick leave and public holidays.

11.9 Casual loading

(a) the ordinary hourly rate prescribed for the relevant classification; and

(b) a loading of 25% of the hourly rate.

11.10 When a casual employee works overtime, they must be paid the overtime rates in clause 28.4.

11.11 Termination of casual employee’s employment

(a) the giving of one hour’s notice by either party; or

(b) the payment or forfeiture of one hour’s wages.

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

(a) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this award during a calendar period of 6 months will thereafter have the right to elect to have their ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by clause 11.12.

(b) Every employer of such a casual employee must give the employee notice in writing of the provisions of clause 11.12 within 4 weeks of the employee having attained such period of 6 months. However, the employee retains their right of election under clause 11.12 if the employer fails to comply with this notice requirement.

(c) Any casual employee who has a right to elect upon receiving notice or after the expiry of the time for giving such notice, may give 4 weeks’ notice in writing to the employer that the employee seeks to elect to convert their ongoing contract of employment to full-time or part-time employment, and within 4 weeks of receiving such notice from the employee, the employer must consent to or refuse the election, but will not unreasonably so refuse.

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

(e) Any casual employee who does not, within 4 weeks of receiving written notice from the employer, elect to convert their ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

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

(g) If a casual employee has elected to have their contract of employment converted to full-time or part-time employment, the employer and employee will, in accordance with clause 11.12(g), and subject to clause 11.12(c), discuss and agree upon:

(h) Following an agreement being reached the employee will convert to full-time or part-time employment.

(i) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under clause 11.12.

12. Junior employees

12.1 A junior employee is an employee who is less than 21 years of age.

12.2 An employer may engage junior employees.

12.3 A junior employee must be paid in accordance with clause 19.6.

13. Apprentices

13.1 An employer may engage an apprentice in accordance with Schedule E—Apprentices.

13.2 An employer must pay apprentices in accordance with clauses 19.7 and 19.8.

14. Outwork and related provisions

14.1 Arrangements (including for the engagement of outworkers) must be made by Principals in accordance with Schedule F—Outwork and Related Provisions.

14.2 Nothing in this award will operate (or is intended to operate) to cover the field (or otherwise displace or reduce the scope of jurisdiction) occupied (or exercised immediately prior to 1 January 2010) by State legislative regulation of any party which enters into any arrangement for the performance of work outside the business or commercial premises of the party (including arrangements for the performance of work for the party by outworkers).

14.3 In particular, nothing in this award will operate (or is intended to operate) to reduce the scope of application (immediately prior to 1 January 2010) of the following State legislative instruments and provisions:

(a) Industrial Relations Act 1996 (NSW) (as amended):

(b) Industrial Relations (Ethical Clothing Trades) Act 2001 (NSW);

(c) NSW Ethical Clothing Trades Extended Responsibility Scheme 2005;

(d) Fair Work Act 1994 (SA) (as amended):

(e) Fair Work (Clothing Outworker Code of Practice) Regulations 2007 (SA);

(f) Industrial Relations Act 1999 (Qld) (as amended):

(g) Industrial Relations Act 1984 (Tas) (as amended):

(h) Outworker (Improved Protection) Act 2003 (Vic) (as amended) and any other provisions of this or any other legislation which are necessary or incidental to the operation of this provision; and/or

(i) Outworker (Improved Protection) Amendment Act 2005 (Vic) (as amended) and any other provisions of this or any other legislation which are necessary or incidental to the operation of this provision.

15. Classifications

15.1 Employees will be classified in accordance with clause 19Minimum rates and Schedule A—Classifications/Skill Levels.

15.2 Upon request by an employee, an employer must advise employees in writing of their classification:

(a) at the time of commencement; and

(b) at the time of any change to the employee’ s classification during the course of the employee’s employment.

Part 3—Hours of Work

16. Ordinary hours of work

16.1 Hours of work

(a) Ordinary hours of work are provided for in Division 3 of the NES.

(b) The average ordinary hours of work for a full-time or casual employee will be fixed by agreement between the employer and the employees but will not exceed an average of 38 hours per week over a 4 week period.

(c) The ordinary hours of work for a part-time employee will be as agreed in accordance with clause 10Part-time employees.

(d) An employer must notify an employee of the starting and finishing times of work each day, which are the ordinary working hours.

(e) In the clothing industry, an employer must clearly display the ordinary working hours in an obvious place in each workplace.

(f) An employer must pay an employee for time worked outside or in excess of ordinary working hours in accordance with clause 28Overtime.

16.2 Spread of hours

16.3 Changes to hours

(a) Where the employer and a majority of employees agree, in accordance with clause 7.4:

(b) The starting and/or finishing times in any factory or part of any factory will not be altered without agreement between the employer and majority of employees in accordance with clause 7.4 or after 7 days’ notice to affected employees.

17. Rostering arrangements

17.1 Arrangement of working hours including rostered days off

(a) Where an employer and the majority of employees agree, in accordance with clause 7.4, the hours of work may be worked in accordance with any one of the following methods:

(b) An employer must give an employee who is entitled to a rostered day or days off at least 4 weeks’ notice in advance of the weekday the employee is to take off.

(c) The starting and finishing times, daily working hours and weekly working hours worked under an arrangement must be regarded as the ordinary working hours, and work performed outside of or in excess of these hours must be paid at the appropriate overtime rate in clause 28Overtime.

(d) An employer and a majority of employees may agree to vary the arrangement of working hours in accordance with clause 7.4.

17.2 Substitution of rostered day off

(a) In the case of:

(b) The employer and a majority of employees concerned may agree, in accordance with clause 7.4, to substitute the rostered day off agreed to for another day.

(c) An individual employee, at the individual employee’s initiative, may agree with the employer to substitute the day the employee is rostered to take off, for another day.

18. Breaks

18.1 Unpaid meal breaks

(a) An employee is entitled to an unpaid meal break of not less than 30 minutes and not more than one hour each shift or day.

(b) If an employer requires an employee (other than a maintenance employee who is required to work through a meal break to rectify a mechanical breakdown) to work through a meal break, the employee must be paid at overtime rates (clause 28Overtime) until the break is taken.

(c) No employee will be required to work for more than 5 hours without a meal break unless:

18.2 Meal breaks—shiftworkers in the textile industry

(a) Where 2 eight hour or 3 eight hour shifts are worked, instead of the meal break provided in clause 18.1, the employer has the discretion to, as opportunity offers, provide the shiftworker a 20 minute paid crib break per shift which will be counted as time worked.

(b) 7 day continuous shiftworkers in the textile industry are entitled to a paid 20 minute meal break during each shift instead of the meal break provided in clause 18.1.

18.3 Paid rest breaks

(a) An employee is entitled to 2 paid 10 minute rest periods per day, not adjacent to starting and/or finishing times.

(b) One of the 2 rest breaks will occur in the work period prior to the employee’s main meal break and the second will occur in the work period after the employee’s main meal break.

18.4 Breaks, rests and meal allowance during overtime

(a) An employee required to work in excess of one and a half hours overtime will be allowed a meal break of at least 30 minutes and will in addition to any overtime payable be paid meal allowances. The provision of a meal allowance does not apply if the employer provides an adequate meal.

(b) An employee who works overtime is entitled to a meal break no later than 5 hours after the employee’s previous meal break.

(c) An employee is entitled to subsequent meal breaks no later than 4 hours after each meal break during overtime. The employer must, unless they have notified the employee on the previous day or earlier that such second or subsequent meal will also be required:

(d) An employee must be paid the meal allowance(s) before working the overtime, if the employee so requests.

(e) If notice of overtime is given and then the overtime is not worked (except as a result of a breakdown in machinery or plant) the employee is still entitled to the meal allowance.

(f) An employee will not be entitled to the meal break if the overtime is worked on a day where there is an early finishing time, except where a total of 5  hours will be worked (inclusive of overtime) following the midday meal break.

(g) An employee who:

18.5 Minimum break before or after overtime

(a) Wherever practicable, the employer will arrange overtime so that employees will have at least 10 consecutive hours off duty between work on successive days.

(b) Where an employee has not had at least 10 consecutive hours break between those times, the employee:

(c) The provisions of clause 18.5 will apply in the case of shiftworkers as if 8 hours were substituted for 10 hours when overtime is worked:

Part 4—Wages and Allowances

19. Minimum rates

An employer must pay employees the following minimum rates for ordinary hours worked by the employee:

19.1 General rates

    Employee Classification/Skill Level

    Minimum weekly rate
    (full-time employee)

    Minimum hourly rate

 

    $

    $

    Trainee

    753.80

    19.84

    Skill level 1

    775.40

    20.41

    Skill level 2

    805.10

    21.19

    Skill level 3

    832.80

    21.92

    Skill level 4

    877.60

    23.09

    Skill level 5 and thereafter

    932.60

    24.54

19.2 Wool and basil employee rates

    Employee Classification/Skill Level

    Minimum weekly rate
    (full-time employee)

    Minimum hourly rate

 

    $

    $

    General hand

    753.80

    19.84

    Operator – Grade 3

    775.40

    20.41

    Operator – Grade 2

    804.80

    21.18

    Operator – Grade 1

    834.70

    21.97

    Senior Operator – Grade 2

    877.60

    23.09

    Senior Operator – Grade 1

    905.10

    23.82

19.3 Storeworker rates

    Employee Classification/Skill Level

    Minimum weekly rate
    (full-time employee)

    Minimum hourly rate

 

    $

    $

    Storeworker Grade 1—on commencement

    805.10

    21.19

    Storeworker Grade 1—after 3 months

    815.20

    21.45

    Storeworker Grade 1—after 12 months

    825.10

    21.71

    Storeworker Grade 2

    832.70

    21.91

    Storeworker Grade 3

    857.20

    22.56

    Storeworker Grade 4

    882.40

    23.22

19.4 Warehouse employee rates

    Employee Classification/Skill Level

    Minimum weekly rate
    (full-time employee)

    Minimum hourly rate

 

    $

    $

    Warehouse Grade 1—on commencement

    799.10

    21.03

    Warehouse Grade 1—after 3 months

    809.20

    21.29

    Warehouse Grade 1—after 12 months

    819.10

    21.56

    Warehouse Grade 2

    826.70

    21.76

    Warehouse Grade 3

    851.20

    22.40

    Warehouse Grade 4

    876.40

    23.06

19.5 Other employee rates

(a) An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

    Employee Classification/Skill Level

    Minimum weekly rate
    (full-time employee)

    Minimum hourly rate

 

    $

    $

    Forklift and tow motor drivers

    832.80

    21.92

    High rise stacker operators

    853.95

    22.47

    Pedestrian forklift operators

    824.29

    21.69

19.6 Junior employee rates

(a) The minimum award rates to be paid to junior employees, other than apprentices will be as follows:

    Age

    % General Skill Level 2

    16 years or less

    55

    At 17 years

    65

    At 18 years

    75

    At 19 years

    80

    At 20 years

    90

    At 21 years

    Appropriate adult rate

(b) The total rate must be calculated to the nearest 5 cents.

19.7 Apprentice rates

(a) The minimum weekly rates of pay to be paid to apprentices who commenced before 1 January 2014 will be as follows:

 

    % of General Skill Level 4

    1st year

    50

    2nd year

    65

    3rd year

    75

    4th year

    85

    Thereafter

    Appropriate adult rate

(b) The minimum weekly rates of pay to be paid to apprentices who commenced on or after 1 January 2014 will be as follows:

 

    % of General Skill Level 4 for apprentices who have not completed year 12

    % of General Skill Level 4 for apprentices who have completed year 12

    1st year

    50

    55

    2nd year

    65

    65

    3rd year

    75

    75

    4th year

    85

    85

    Thereafter

    Appropriate adult rate

    Appropriate adult rate

(c) The total rate must be calculated to the nearest 5 cents.

(d) The weekly rate for an apprentice will not be less than the rate for a junior of the same age.

19.8 Adult apprentice rates

(a) Where a person was employed by an employer immediately before becoming an adult apprentice with that employer, such person will not suffer a reduction in actual rate of pay by virtue of becoming indentured.

(b) The minimum weekly rates of pay to be paid to adult apprentices who commenced before 1 January 2014 will be as follows:

 

    % of General Skill Level 4

    1st year

    82

    2nd year

    87

    3rd year

    92

    4th year

    100

(c) The minimum weekly rates of pay to be paid to an adult apprentice who commenced on or after 1 January 2014 will be the greater of:

(d) An adult apprentice who enters their apprenticeship at an advanced stage will be deemed, for the purpose of calculating the appropriate wage rate, to have completed the period by which they have been advanced.

(e) Progress to the next rate of wage will occur when the balance of the year to which they have been advanced in their apprenticeship is completed.

19.9 Higher duties

(a) An employee who is required to do work for which a higher rate is fixed than that provided for their ordinary duties must, if such work exceeds a total of 2 hours on any day, be paid for all work done on such day at the higher rate.

(b) In all other cases the employee must be paid the higher rate for the actual time worked.

19.10 Supported wage system

19.11 National training wage

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

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 November 2020. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Textile, Clothing, Footwear and Associated Industries Award 2020 and not the Miscellaneous Award 2020.

20. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

20.1 Wages will be paid weekly and not later than Thursday of any particular week. Wages may be paid by cash or electronic funds transfer (EFT).

20.2 Casual employees must be paid in accordance with clause 11.6.

20.3 Payment on termination of employment

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

(b) The requirement to pay wages and other amounts under clause 20.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

21. Payment by results (PBR)

21.1 Introduction of payment by results system

(a) An employer may maintain, alter or institute a system of individual or group payment by results consistent with the skills based classification structure, subject only to the provisions and limitations set out in clause 21.

(b) If an employee employed on a PBR system is prevented from working at their PBR rates because of:

21.2 Calculation of PBR earnings

(a) The employer must calculate the minute pay rate for each standard time minute by dividing the total award wage for the appropriate skill level by 2280 wherever appropriate.

(b) The employer may depart from clause 21.2 with the consent of the majority of employees provided that agreement is in accordance with clause 7.4.

(c) Any proposal which is put to employees must be reduced to a written form for their consideration prior to the taking of a vote.

(d) Where an employer is currently paying a bonus minute rate higher than the above, the higher rate must continue to be applied and must be increased in accordance with any variation in the relevant skill level wage rate.

(e) An employer must calculate the payment by results earnings of an employee in accordance with clause 21.2(a) or 21.2(d) by multiplying the minute pay rate by the excess of the standard time produced over real time worked under payment by results.

(f) The employer must pay the worker their PBR earnings calculated in accordance with clause 21.2(a) or 21.2(d) in addition to the total award wage appropriate to the employee’s skill level.

21.3 Objective when setting time standard

(a) in accordance with clause 21.6; and

(b) to enable adult employees of average capacity in any given period to earn at least 20% more than the total award rate for their respective skill level.

21.4 Each day stands alone

21.5 Apprentices and juniors

21.6 Fixing time standards

(a) An employer must consult with the PBR employees who must be given adequate opportunity to consult their union or representative prior to the finalisation of any time standard fixed under clause 21.6.

(b) An employer must provide to the PBR employees the basis upon which the payment by results system is calculated, including appropriate allowances and the likely weekly earnings on such time standard.

21.7 Alteration of time standards

(a) there is a change in the manufacturing methods;

(b) there is a change in the materials used;

(c) there is a change in the machines or equipment used;

(d) to correct an agreed error in the existing time standard; or

(e) by agreement between the employer and the PBR employees, in accordance with clause 7.4. Any proposal which is put to employees must be reduced to a written form for their consideration prior to the taking of a vote.

21.8 Posting of time standards

(a) An employer must clearly display a copy of the time standard for each PBR operation in each work area in each enterprise. The copy of the time standard must be updated within 24 hours of any changes to the time standards.

(b) The employer must also display in each work area in each enterprise a conversion table to enable an employee to convert time standards into monetary amounts.

21.9 Recording of time standard

(a) Once a time standard has been fixed in accordance with clause 21.6, it must be recorded in the time and wage book and each affected employee given a copy.

(b) Where an employee has worked part of the week on PBR, they will be entitled to their earnings in full for the actual time worked on PBR if the earnings are higher than the appropriate award rate for such time.

(c) As far as practicable, different grades of work will be equitably divided between PBR employees.

(d) An employee operating under clause 21 who also instructs a trainee must receive in addition to their payment by results earnings:

(e) Any amounts contained in clause 21.9(d) will be calculated to the nearest 10 cents, any fraction below 5 cents to be disregarded.

(f) Weavers who commence work on a warp must be provided with the following details in writing:

21.10 Payment for overtime (PBR)

(a) An adult or junior employee working under a piecework system who is asked to perform work after or before the usual starting or finishing time on any day Monday to Friday inclusive, must be paid in addition to their normal payment by results rate:

(b) Juniors under 18 years of age, who work more than 10 hours in a week must be paid for such overtime at the rate prescribed.

21.11 Training

22. Allowances—General

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.

22.1 Allowance rates

22.2 Wage-related allowances

22.3 Expense-related allowances

23. Allowances—Clothing industry

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.

23.1 Allowance rates

23.2 Wage-related allowances

24. Allowances—Textile industry

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.

24.1 Allowance rates

24.2 Wage-related allowances

25. Allowances—Felt and wadding industry

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.

25.1 Allowance rates

25.2 Wage-related allowances

26. Accident pay

26.1 Definitions

(a) Accident pay means a weekly payment made to an employee by the employer that is the difference between:

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

26.2 Entitlement to accident pay

26.3 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) In the case of the termination by the employer of an employee who is receiving accident pay, accident pay shall continue to apply subject to the provisions of clause 26 except where the termination is due to serious and/or wilful misconduct on behalf of the employee.

(c) For a period of less than one week, accident pay (as defined) will be calculated on a pro rata basis.

26.4 When not entitled to payment

26.5 Return to work

26.6 Superannuation

26.7 Redemptions

26.8 Casual employees

26.9 Other

27. Superannuation

27.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

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

27.2 Employer contributions

(a) 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.

(b) The employer must pay the amount under clause 27.2(a) no later than 28 days after the end of each month.

27.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 27.2.

(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 27.3(a) or 27.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 27.3(a) or 27.3(b) was made.

27.4 Superannuation fund

(a) Australian Super Fund;

(b) Sunsuper;

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

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

27.5 Absence from work

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

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

Part 5—Overtime and Penalty Rates

28. Overtime

28.1 Definition of overtime

(a) in excess of an employee’s ordinary hours of work; or

(b) outside the span of hours prescribed.

28.2 Requirement to work reasonable overtime

28.3 Payment for working overtime—full-time and part-time employees

(a) An employer must pay an employee overtime at the rate of:

(b) For the purpose of calculating overtime each day must stand alone.

(c) An employer must pay an employee who is paid under any system of payment by results at the following rates for any overtime worked in addition to the payment by results earnings earned by the worker:

28.4 Payment for working overtime—casual employees

(a) An employer must pay an employee overtime at the rate of:

(b) For the purpose of calculating overtime each day must stand alone.

(c) An employer must pay an employee who is paid under any system of payment by results at the following rates for any overtime worked in addition to the payment by results earnings earned by the worker:

28.5 Overtime—Weekend work

(a) All work on a Saturday will be paid at 150% of the employees’ ordinary hourly rate for the first 3 hours and 200% after 3 hours.

(b) All work on a Sunday will be paid at 200% of the employees’ ordinary hourly rate.

(c) The ordinary hours of a night shift finishing on Saturday morning will not be subject to overtime rates.

28.6 Overtime—seven day continuous shiftwork in the textile industry

28.7 Sick pay—seven day continuous shiftwork in the textile industry

28.8 Time off instead of payment for overtime

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

(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

(c) Time off must be taken:

(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 28.8 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 28.8(c), 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.

(f) 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.

(g) 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 28.8 will apply for overtime that has been worked.

(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 28.8 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

28.9 Call back

(a) An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of 3 hours at the appropriate overtime rate in clause 28Overtime each time the employee is so recalled.

(b) The employee will not be required to work the full 3 hours if the job they were recalled to perform is completed within a shorter period, except in the case of unforeseen circumstances arising.

(c) The employee will not be entitled to the 3 hours’ payment in cases where it is customary for an employee to return to their employer’s premises to perform a specific job outside their ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(d) Overtime worked on-call back will not be regarded as overtime for the purposes of meal allowance or minimum breaks between overtime shifts, where the actual time worked is less than 3 hours.

28.10 Transport of employees

(a) provide them with transport; or

(b) pay their ordinary wages for the time reasonably occupied in getting home.

29. Shiftwork and penalty rates—general

29.1 Definitions

(a) Day shift means a shift worked between the hours of 7.00 am and 7.00 pm;

(b) Afternoon shift means a shift finishing after 6.00 pm but not later than midnight;

(c) Night shift means a shift finishing after midnight but not later than 7.00 am.

(d) Permanent night shift means a shift which is applicable to an employee who:

29.2 Hours of work

(a) An employer and a majority of affected employees may agree to vary the hours during which shifts must be worked by up to one hour at either end to meet extraordinary circumstances. Such agreement must be in accordance with clause 7.4.

(b) An employer and a majority of employees may agree to work the hours prescribed for a night shift employee in 4 shifts. Under any such agreement, all night shift hours worked in excess of 9 hours must be paid for at overtime rates, even if they come within the starting and finishing time of a shift.

(c) As far as practicable, employees will work shifts in rotation.

29.3 Payment for shiftwork

(a) A shiftworker while on afternoon or night shift will be paid 115% of the weekly award rate for the classification concerned.

(b) A shiftworker while on permanent night shift will be paid 130% of the weekly award rate for the classification concerned.

30. Shiftwork and penalty rates—textile industry

30.1 Definitions

(a) Day shift means a shift worked between the hours of 7.00 am and 7.00 pm. Where employees are required to work overtime starting at 6.00 am for a period of 4 consecutive weeks they will be deemed to be engaged on a morning shift.

(b) Morning shift means a shift commencing at 6.00 am.

(c) Afternoon shift means a shift finishing after 6.00 pm but not later than midnight.

(d) Night shift means a shift finishing after midnight but not later than 8.00 am.

(e) Permanent night shift means a shift which is applicable to an employee who:

30.2 Hours of work

(a) The hours during which shifts must be worked may be varied by up to one hour at either end to meet extraordinary circumstances by agreement between an employer and a majority of employees. Such agreement must be in accordance with clause 7.4.

(b) An employer and a majority of employees may agree to work the hours prescribed for a night shift employee in 4 shifts. Under any such agreement, all night shift hours worked in excess of 9 hours must be paid for at overtime rates, even if they come within the starting and finishing time of a shift.

(c) As far as practicable, employees will work shifts in rotation.

(d) Except for the regular changeover of shifts, no employee will be required to change from one shift to another without a break of at least 12 hours.

30.3 Payment for shiftwork

(a) A shiftworker, other than a day shiftworker, is entitled to a penalty loading for each shift worked of $24.15 (15% of one-fifth of the weekly rate for a Skill Level 2), in addition to their ordinary rate of pay.

(b) A shiftworker engaged on permanent night shift is entitled to a penalty loading for each shift worked of $48.31 (30% of one-fifth of the weekly rate for a Skill Level 2), in addition to their ordinary rate of pay.

(c) Shift penalties must be calculated to the nearest cent.

(d) A shiftworker (other than a 7 day continuous shiftworker) who works between midnight on Sunday and 7.00 am on Monday must be paid for at the rate of 150% of their ordinary hourly rate for the first 3 hours and 200% thereafter.

(e) Where an employee begins the week’s work on Sunday night, the employee will receive 200% of their ordinary hourly rate for all work performed on Sunday. However an employer and the majority of employees in an enterprise or part of an enterprise may agree to arrange shifts so that they commence on Sunday night instead of Monday with ordinary rates to be paid for Sunday work provided that agreement is in accordance with clause 7.4.

(f) An employee required to change from one shift to another without 2 working days’ notice of the change of shift will be paid an allowance as set out at clause 24.2(e). This allowance is not payable during any period where power restrictions are operating.

30.4 Employees under 18 years

(a) Employees under 18 years of age are prohibited from working after 11.00 pm but may work between the hours of 6.00 am and 11.00 pm provided that they are paid the relevant shift penalty set out in clause 29.3.

(b) No employees under 16 years of age will be employed before 7.00 am.

30.5 Shiftwork and public holidays

(a) Shiftworkers may be required to work until the completion of their shifts on a public holiday without payment at holiday rates. Provided that those employees are not required to work on the night shift commencing on a public holiday.

(b) Where a public holiday prescribed by this award is observed on a Monday, shiftworkers may be given time off on the shift commencing on the Sunday night before the holiday and will then be required to work on the usual night shift commencing on the public holiday without additional pay.

(c) Where an employee works 2 complete shifts on a public holiday, both shifts will be paid for as holiday shifts.

31. Seven day continuous shiftwork and penalty rates—textile industry

31.1 Seven day continuous shiftwork means work carried out with consecutive shifts of employees throughout the 24 hours of each of the 7 days of the week without interruption except during breakdowns or due to unavoidable causes beyond the control of the employer.

31.2 Except where provided otherwise in clause 31, all the provisions of the award will apply to 7 day continuous shiftworkers.

31.3 Hours of work for seven day continuous shiftworker

(a) Except as provided below, the ordinary hours of continuous shiftworkers will average 38 hours per week, inclusive of crib breaks, and must not exceed 152 hours in 28 consecutive days.

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

(c) An employer and a majority of employees may agree to arrange ordinary working hours so that the ordinary hours exceed 8 hours on any shift, provided that:

31.4 Work on Saturdays, Sundays and public holidays

(a) Where a 7 day continuous shiftworker works a rostered shift, the major portion of which is performed on a Saturday, the employee must be paid at the rate of 150% of the ordinary hourly rate for the whole shift.

(b) Where a 7 day continuous shiftworker works a rostered shift, the major portion of which is performed on Sunday, the employee must be paid at the rate of 200% of the ordinary hourly rate for the whole shift.

(c) Where a 7 day continuous shiftworker works on a rostered shift, the major portion of which is performed on a public holiday, the employee must be paid at the rate of 200% of the ordinary hourly rate for the whole shift.

(d) A 7 day continuous shiftworker who receives the extra rate for work done on Saturdays, Sundays and public holidays under clause 31.4 is not entitled to the shift penalty in clause 29.3.

(e) Public holidays falling on the rostered day off of a 7 day continuous shiftworker who is rostered to work regularly on Sundays and public holidays will be dealt with in accordance with clause 37.7.

31.5 Daylight saving

(a) Notwithstanding anything contained elsewhere in this award, in any area where by reason of the legislation of a State, summer time is prescribed as being in advance of the standard time of that State, the length of any shift:

(b) To clarify, a shift may actually be an hour longer or shorter if summer time commences or finishes during a shift without deduction or addition to pay.

(c) In clauses 31.5(a) and 31.5(b), the expressions standard time and summer time will bear the same meaning as are prescribed by the relevant State legislation.

31.6 Twelve hour shifts

(a) The employer and the majority of employees in the enterprise or part of the enterprise may agree, in accordance with clause 7.4, to implement 12 hour shifts, subject to:

(b) Twelve hour shifts may be implemented in accordance with the following requirements:

(c) Payment is to be made on the following basis:

Part 6—Leave and Public Holidays

32. Annual leave

NOTE: The following provisions supplement the NES.

32.1 Annual leave loading

(a) Employees (other than shiftworkers)—a loading of 17.5% is payable in addition to the payment for the annual leave; or

(b) Shiftworkers—employees who would have worked on shiftwork had they not been on annual leave—a loading of 17.5% or the shift loading whichever is the greater but not both.

32.2 Taking annual leave

(a) Annual leave may be given and taken in one or 2 continuous periods. If the annual leave is given in 2 continuous periods then one of those 2 periods must be at least 21 consecutive days.

(b) An employer and an employee may agree that the employee takes their annual leave in up to 3 separate periods, none of which is more than 21 consecutive days, provided such agreement is in accordance with clause 7.2.

32.3 Excessive leave accruals: general provision

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 2Definitions.

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

(d) Clause 32.5 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a) If an employer has genuinely tried to reach agreement with an employee under clause 32.3(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 32.4(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 32.4(a) that is in effect.

(d) An employee to whom a direction has been given under clause 32.4(a) may request to take a period of paid annual leave as if the direction had not been given.

32.5 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 32.3(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 32.5(a) if:

(c) A notice given by an employee under clause 32.5(a) must not:

(d) An employee is not entitled to request by a notice under clause 32.5(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 2Definitions in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 32.5(a).

32.6 Close-down

(a) An employer may close-down the plant, or a section or sections of it, in order to allow all or the bulk of employees their annual leave.

(b) The employer must give all affected employees at least 3 months’ notice of the intention to close the plant or section(s).

(c) The employer may stand off all employees in the plant or section(s) affected by the close down.

(d) Any employee who has not qualified for a full entitlement to annual leave must be paid annual leave on a proportionate basis for 2.923 hours for each completed week of continuous service, provided that the employee has at least one months’ continuous service.

(e) Any employee who has qualified for a full entitlement to annual leave in accordance with the NES must be paid 2.923 hours for each completed week of continuous service performed in excess of 12 months’ continuous service, in addition to being allowed their annual leave.

(f) The employer and a majority of employees may agree to extend the period of close-down by no more than 2 days, and all employees stood down without pay, provided that agreement is in accordance with clause 7.4.

(g) Any period during which an employee is stood off without pay will count as service in calculating 12 months’ continuous service.

32.7 Continuity of service

(a) any interruption or termination of employment by the employer if the intent of the interruption or termination of employment was to avoid the annual leave obligations;

(b) any absence from work on account of personal leave up to 25 days in a 12 month period. Provided that the employee informs the employer in writing, if practicable, within 48 hours of the commencement of such absence, of the employee’s absence and the nature of the illness and estimated length of the employee’s absence;

(c) any absence due to long service leave or jury service;

(d) any continuous period of unpaid leave, which does not exceed 4 weeks;

(e) any absence with reasonable cause (the employee must, if required, provide proof of such cause); or

(f) any absence by reason of any cause not specified above, unless the employer during the absence or within 14 days of termination of the absence, notifies the employee in writing that such absence will be regarded as having broken the continuity of service. The notice may be given by delivering the notice to the employee personally or by posting it by registered mail to the employee’s last recorded address.

32.8 Payment by results workers

(a) An employee working under a system of payment by results will receive an additional payment based on the average over-award payment and/or average bonus when taking annual leave. The averages will be calculated on a 20 week qualifying period applied to ordinary hours only.

(b) The qualifying period of employment means:

(c) Where an employee does not qualify for calculation over a 20 week period then the number of weeks will be averaged by the actual number of weeks worked.

(d) In the case of an employee absent on long service leave during any qualifying period of employment, both the period of such leave and the payment based on that period will be excluded in the calculation of the averages.

(e) In calculating the average bonus, all amounts in respect of overtime, shiftwork, penalty or special rates will be excluded.

(f) Part-time employees will in respect of annual leave, be paid only at the rate actually being received by them at such time.

32.9 Annual leave in advance

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

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 32.9 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 32.9, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

32.10 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 32.10.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 32.10.

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

(d) An agreement under clause 32.10 must state:

(e) An agreement under clause 32.10 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i) The employer must keep a copy of any agreement under clause 32.10 as an employee record.

33. Personal/carer’s leave and compassionate leave

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

34. Parental leave and related entitlements

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

35. Community service leave

Community service leave is provided for in the NES.

36. 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.

37. Public holidays

37.1 The following provisions supplement the NES.

37.2 Where an employee works on a public holiday they will be paid in accordance with clause 37.3.

37.3 Work on public holidays

(a) An employee must be paid at the rate of 250% of the ordinary hourly rate for a minimum of 3 hours when required to work on a public holiday.

(b) Where Christmas Day falls on a Saturday or Sunday, and by force of the NES another day is observed as a public holiday, a full-time employee who is regularly rostered to work ordinary hours on a Saturday or Sunday will receive, for a full day’s work on 25 December, a loading of half a normal day’s wage.

(c) The loading set out in clause 37.3(a) is paid in addition to the employee receiving:

37.4 Public holidays which fall on a weekend

(a) Where Christmas Day falls on a Saturday or a Sunday, 27 December is observed as the public holiday instead of the prescribed day.

(b) Where Boxing Day falls on a Saturday or a Sunday, 28 December is observed as the public holiday instead of the prescribed day.

(c) Where New Year’s Day or Australia Day falls on a Saturday or a Sunday, the following Monday is observed as the public holiday instead of the prescribed day.

37.5 Substitution of certain public holidays by agreement at the enterprise

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

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

37.6 Rostered day off falling on public holiday

(a) 7.6 hours of pay at the ordinary hourly rate; or

(b) 7.6 hours of extra annual leave; or

(c) a substitute day off on an alternative week day.

37.7 Rostered day off falling on public holiday—seven day continuous shiftworkers in the textile industry only

(a) Where a public holiday falls on the rostered day off of a 7 day continuous shiftworker who is rostered to work regularly on Sundays and public holidays, the employer may either:

(b) Clause 37.7(a) will not apply when the rostered day off falls on a public holiday on a Saturday or Sunday.

37.8 Part-day public holidays

Part 7—Consultation and Dispute Resolution

38. Consultation about major workplace change

38.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(c) commence discussions as soon as practicable after a definite decision has been made.

38.2 For the purposes of the discussion under clause 38.1(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.

38.3 Clause 38.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

38.4 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 38.1(b).

38.5 In clause 38 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.

38.6 Where this award makes provision for alteration of any of the matters defined at clause 38.5, such alteration is taken not to have significant effect.

39. Consultation about changes to rosters or hours of work

39.1 Clause 39 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.

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

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

(a) provide to the employees and representatives mentioned in clause 39.2 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.

39.4 The employer must consider any views given under clause 39.3(b).

39.5 Information must be provided to affected employees and their representatives, if any, in accordance with clause 39.3(a) in a manner which facilitates employee understanding of the proposed changes, having regard to their English language skills. This may include the translation of the information into an appropriate language.

39.6 Clause 39 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

40. Dispute resolution

40.1 Clause 40 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

40.2 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.

40.3 If the dispute is not resolved through discussion as mentioned in clause 40.2, 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.

40.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 40.2 and 40.3, a party to the dispute may refer it to the Fair Work Commission.

40.5 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.

40.6 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.

40.7 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 40.

40.8 While procedures are being followed under clause 40 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.

40.9 Clause 40.8 is subject to any applicable work health and safety legislation.

41. Dispute resolution training leave

41.1 Subject to clauses 41.7, 41.8 and 41.9 an eligible employee representative is entitled to, and the employer must grant, up to 5 days training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant collective agreement which provides it is to be read in conjunction with this award.

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

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

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

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

41.6 Leave of absence granted pursuant to clause 41 counts as service for all purposes of this award.

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

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

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

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

    Maximum number of eligible employee representatives entitled per year

    5–15

    1

    16–30

    2

    31–50

    3

    51–90

    4

    More than 90

    5

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

41.9 For purposes of applying the quota table, employees employed by the employer in an enterprise or workplace are full-time, part-time or fixed-term employees, or casual employees with 6 months or more service, covered by this award who are employed by the employer and engaged in the enterprise or workplace to which the procedure established under clause 41 applies.

Part 8—Termination of Employment and Redundancy

42. Termination of employment

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

42.1 Notice of termination by an employee

(a) Clause 42.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

(c) In clause 42.1(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 42.1(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 42.1(b), then no deduction can be made under clause 42.1(d).

(f) Any deduction made under clause 42.1(d) must not be unreasonable in the circumstances.

42.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 42.2 is to be taken at times that are convenient to the employee after consultation with the employer.

43. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act. Clause 43.4 supplements the NES by providing redundancy pay for some employees of a small business employer.

43.1 Transfer to lower paid duties on redundancy

(a) Clause 43.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 43.1(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.

43.2 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 43 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.

43.3 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 43.3(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 43.3(b).

(d) An employee who fails to produce proof when required under clause 43.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 42.2.

43.4 Redundancy pay for employee of small business employer

(a) Clause 43.4 applies to an employee of a small business employer except for an employee who is excluded from redundancy pay under the NES by section 121(1)(a), section 123(1) or section 123(4)(a) of the Act.

(b) In clause 43.4(a) an employee is an employee of a small business employer if, immediately before the time the employee’s employment is terminated, or at the time when the employee is given notice of termination as described in section 117(1) of the Act (whichever happens first), the employer is a small business employer as defined by section 23 of the Act.

(c) Subject to clauses, 43.4(f) and 43.4(g), an employee is entitled to be paid redundancy pay by the employer if the employee’s employment is terminated:

(d) The amount of the redundancy pay in clause 43.4(c) equals the total amount payable to the employee for the redundancy pay period specified in column 2 of Table 2—Redundancy pay period according to the period of continuous service of the employee specified in column 1, worked out at the employee’s base rate of pay for his or her ordinary hours of work.

(e) In clause 43.4(d) continuous service has the same meaning as in section 119 of the Act.

(f) The terms of section 120 of the Act apply as if section 120 referred to clause 43.4(c) rather than ‘section 119’.

(g) The terms of section 122 of the Act apply as if section 122 referred to clause 43.4 rather than ‘this Subdivision’ and to clause 43.4(c) rather than ‘section 119’.

Schedule A—Classifications/Skill Levels

These skill levels are to be read in conjunction with an explanation of the terms contained in Schedule B—Classifications/Skill Levels Definitions.

A.1 Trainee
A.1.1 Employees at this level will:

A.1.2 Training for new entrants will be determined in accordance with the needs of the enterprise, but will involve instruction aimed at assisting trainees to achieve the range of competencies required at Skill Level 1, including:

A.2 Skill Level 1
A.2.1 Employees at this level will:

A.2.2 In addition, according to the needs and operational requirements of the enterprise, employees at this level may be required to:

A.3 Skill Level 2
A.3.1 Employees at this level exercise the skills required to be graded at Skill Level 1 and will:

A.3.2 In addition, according to the needs and operational requirements of the enterprise, employees at this level may be required to:

A.4 Skill Level 3
A.4.1 Employees at this level exercise the skills required to be graded at Skill Level 2 and will:

A.4.2 In addition, according to the needs and operational requirements of the enterprise, employees at this level may be required to:

A.5 Skill Level 4
A.5.1 Employees at this level exercise the skills required to be graded at Skill Level 3 and have a comprehensive knowledge of product construction.
A.5.2 Employees at this level will also:

A.5.3 In addition, according to the needs and operational requirements of the enterprise, employees at this level may:

A.6 Skill Level 5
A.6.1 Employees at this level exercise the skills necessary to be graded at Skill Level 4 and have a comprehensive knowledge of enterprise products and processes and are principally engaged in specialist tasks.
A.6.2 An employee at this level will also:

A.7 Storeworker Grade 1
A.7.1 Points of entry
A.7.2 New employee skills/duties

A.7.3 Promotional criteria

A.8 Storeworker Grade 2
A.8.1 Points of entry

A.8.2 Skills/duties

A.8.3 Promotional criteria

A.9 Storeworker Grade 3
A.9.1 Points of entry

A.9.2 Skills/duties

A.9.3 Promotional criteria

A.10 Storeworker Grade 4
A.10.1 Points of entry

A.10.2 Skills/duties

Schedule B—Classifications/Skill Levels Definitions
B.1 Clothing and footwear
B.1.1 Basic tasks

B.1.2 Intermediate tasks

B.1.3 Complex tasks

B.1.4 Series of different operations on a machine

B.1.5 Machine

B.1.6 Variety of machine types

B.1.7 Whole garment machinist or equivalent skills

B.1.8 Whole upper machinist or equivalent skills (footwear)

B.1.9 Skill

B.1.10 Competence

B.1.11 Component parts

B.1.12 Key pad skills

B.1.13 Basic computer skills

B.1.14 Co-ordinating role

B.1.15 Defined procedures/methods

B.1.16 Largely independently

B.1.17 Designated responsibility

B.1.18 Minor equipment/machine maintenance

B.1.19 On-the-job instruction

B.1.20 Quality assurance

B.1.21 Quality control

B.1.22 Quality deviations

B.1.23 Quality indicators

B.1.24 Specified quality standards

B.1.25 Team environment

B.1.26 Shoe

B.2 Textile employees
B.2.1 Competence

B.2.2 On-the-job instruction

B.2.3 Skill

B.2.4 Quality control

B.2.5 Minor equipment/machine maintenance

B.2.6 Defined procedures/methods

B.2.7 Team environment

B.2.8 Basic tasks

B.2.9 Basic machine tasks

B.2.10 Specified quality standards

B.2.11 Quality indicators

B.2.12 Key pad skills

B.2.13 Additional skills

B.2.14 Intermediate Tasks

B.2.15 Component Parts

B.2.16 Complex Tasks

B.2.17 Series of different operations on a machine(s)—Make up section

B.2.18 Variety of machine types—Make up section

B.2.19 Quality assurance

B.2.20 Quality deviation

B.2.21 Co-ordinating role

B.2.22 Largely independently

B.2.23 Whole Garment Machinist or equivalent skills—Make up section designated responsibility

B.2.24 Pedestrian Fork-lift Operator means an employee operating from a standing position adjacent to a self powered fork-lift appliance with which loads are handled, either solely by means of forks or tines mounted on a sliding carriage, or a vertical or near vertical mast, or by such means together with the use of a jib, ram, grab or other attachment. This definition specifically excludes stillage trucks or other appliances designed to lift and move a pallet or pallets within 30cm of floor level.
B.2.25 High Rise Stacker Operator means an operator of a device known as a high rise stacker where both the operator and the lift ascend with the load above the floor level of up to 12 metres.

B.3 Warehouse employees
B.3.1 Warehouse employee means an employee (other than foreman/woman) performing up to any of the following functions:
B.3.2 Sorting and storing

B.3.3 Order processing

B.3.4 Wrapping or packing

B.4 Wool and basil employees

B.5 General
B.5.1 Assistant foreman/woman and/or overlocker means an employee appointed as such by the management.
B.5.2 Designer—Creative means an employee engaged as such and who in the course of their employment is required to create original designs and master sketches and may supervise and correct the work of other designers and technical drawers.
B.5.3 Designer—Other means an employee engaged as such and who is required to produce master sketches from designs supplied by the employer and in doing so may be required to adapt or correct such designs, or is required to produce original drawings (not being master sketches) or adaptations.
B.5.4 Fancy Warper Woollen and Worsted Division means an employee who in the construction of warps containing different counts, shades, qualities or twists of yarn, uses 2 or more colours or where yarn is of a similar count, shade, quality or twist, 3 or more colours.
B.5.5 Machine Operator and/or Attendant means an employee who in the course of their duty, is called upon to operate a machine and does not include an employee whose sole duty is carrying material to and from a machine.
B.5.6 Recorder means an employee whose main duties are entering of production figures on tickets and/or sheets, weighing and/or classifying the materials and/or making simple book entries.
B.5.7 Sewing Machine Mechanic means an employee:

B.5.8 Textile Mechanic means an employee:

B.5.9 Technical Drawer means an employee engaged as such who in the performance of their duties prepares stencils or films for screen printing by tracing or working from master sketches or similar art work or designs.
B.5.10 Textile Mechanic Special Class and Textile Mechanic (Sewing Machine) Special Class means a textile mechanic (as defined) who is principally engaged in servicing and maintaining complex equipment requiring the application of additional knowledge.

Schedule C—Summary of Hourly Rates of Pay—General
C.1 Ordinary hourly rate
C.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 24.2(a) this forms part of the employee’s ordinary hourly rate and must be added to the ordinary hourly rate prior to calculating penalties and overtime.
C.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 19Minimum rates. Consistent with clause C.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.
C.2 Full-time and part-time employees—day workers
C.2.1 Full-time and part-time employees—ordinary and penalty rates

C.2.2 Full-time and part-time employees—overtime rates1

C.3 Full-time and part-time employees—shiftworkers
C.3.1 Full-time and part-time employees—shiftworkers other than in the textile industry—ordinary and penalty rates

C.3.2 Full-time and part-time employees—shiftworkers in the textile industry—other than seven day continuous shiftworkers—ordinary and penalty rates

 

    Ordinary hours

    Midnight Sunday−7am Monday

    Public holiday

    Week’s work commences on Sunday—all hours on Sunday

    Morning, afternoon & night1

    Permanent night1

   

    First 3 hours

    After 3 hours

       
 

    % or ordinary hourly rate2

    15% of 1/5th of weekly rate of Skill level 2

    30% of 1/5th of weekly rate of Skill level 2

 

    100%

    150%

    200%

    250%

    200%

 

    $

    $

    $

    $

    $

    $

    $

    Trainee

    19.84

    29.76

    39.68

    49.60

    39.68

    24.15

    48.31

    Skill level 1

    20.41

    30.62

    40.82

    51.03

    40.82

    24.15

    48.31

    Skill level 2

    21.19

    31.79

    42.38

    52.98

    42.38

    24.15

    48.31

    Skill level 3

    21.92

    32.88

    43.84

    54.80

    43.84

    24.15

    48.31

    Skill level 4

    23.09

    34.64

    46.18

    57.73

    46.18

    24.15

    48.31

    Skill level 5 and thereafter

    24.54

    36.81

    49.08

    61.35

    49.08

    24.15

    48.31

1 Payment per shift in addition to applicable ordinary hourly rate.

2 Rates in table are calculated based on the minimum hourly rate, see clauses C.1.1 and C.1.2.

C.3.3 Full-time and part-time employees—shiftworkers in the textile industry—seven day continuous shiftworkers—ordinary and penalty rates

 

    Ordinary hours

    Saturday

    Sunday & public holiday

    Monday to Friday – 12 hour shift1

    Morning, afternoon & night2

    Permanent night2

       

    First 10 hours

    Last 2 hours

   
 

    % of ordinary hourly rate3

    15% of 1/5th of weekly rate of Skill level 2

    30% of 1/5th of weekly rate of Skill level 2

 

    100%

    150%

    200%

    100%

    200%

 

    $

    $

    $

    $

    $

    $

    $

    Trainee

    19.84

    29.76

    39.68

    19.84

    39.68

    24.15

    48.31

    Skill level 1

    20.41

    30.62

    40.82

    20.41

    40.82

    24.15

    48.31

    Skill level 2

    21.19

    31.79

    42.38

    21.19

    42.38

    24.15

    48.31

    Skill level 3

    21.92

    32.88

    43.84

    21.92

    43.84

    24.15

    48.31

    Skill level 4

    23.09

    34.64

    46.18

    23.09

    46.18

    24.15

    48.31

    Skill level 5 and thereafter

    24.54

    36.81

    49.08

    24.54

    49.08

    24.15

    48.31

1 These rates are only payable where agreement is reached in accordance with clause 31.6.

2 Payment per shift in addition to applicable ordinary hourly rate.

3 Rates in table are calculated based on the minimum hourly rate, see clauses C.1.1 and C.1.2.

C.3.4 Full-time and part-time employees—shiftworkers—overtime rates1

C.4 Casual employees—day workers
C.4.1 Casual employees—ordinary and penalty rates

C.5 Casual employees—shiftworkers
C.5.1 Casual employees—shiftworkers other than in the textile industry—ordinary and penalty rates

C.5.2 Casual employees—shiftworkers in the textile industry—other than seven day continuous shiftworkers—ordinary and penalty rates

 

    Ordinary hours

    Midnight Sunday−7am Monday

    Public holiday

    Week’s work commences on Sunday—all hours on Sunday

    Morning, afternoon & night1

    Permanent night1

   

    First 3 hours

    After 3 hours

       
 

    % or ordinary hourly rate2

    15% of 1/5th of weekly rate of Skill level 2

    30% of 1/5th of weekly rate of Skill level 2

 

    125%

    175%

    225%

    275%

    225%

 

    $

    $

    $

    $

    $

    $

    $

    Trainee

    24.80

    34.72

    44.64

    54.56

    44.64

    24.15

    48.31

    Skill level 1

    25.51

    35.72

    45.92

    56.13

    45.92

    24.15

    48.31

    Skill level 2

    26.49

    37.08

    47.68

    58.27

    47.68

    24.15

    48.31

    Skill level 3

    27.40

    38.36

    49.32

    60.28

    49.32

    24.15

    48.31

    Skill level 4

    28.86

    40.41

    51.95

    63.50

    51.95

    24.15

    48.31

    Skill level 5 and thereafter

    30.68

    42.95

    55.22

    67.49

    55.22

    24.15

    48.31

1 Payment per shift in addition to applicable ordinary hourly rate.

2 Rates in table are calculated based on the minimum hourly rate, see clauses C.1.1 and C.1.2.

C.5.3 Casual employees—shiftworkers in the textile industry—seven day continuous shiftworkers—ordinary and penalty rates

 

    Ordinary hours

    Saturday

    Sunday & public holiday

    Monday to Friday – 12 hour shift1

    Morning, afternoon & night2

    Permanent night2

       

    First 10 hours

    Last 2 hours

   
 

    % of ordinary hourly rate3

    15% of 1/5th of weekly rate of Skill level 2

    30% of 1/5th of weekly rate of Skill level 2

 

    125%

    175%

    225%

    125%

    225%

 

    $

    $

    $

    $

    $

    $

    $

    Trainee

    24.80

    34.72

    44.64

    24.80

    44.64

    24.15

    48.31

    Skill level 1

    25.51

    35.72

    45.92

    25.51

    45.92

    24.15

    48.31

    Skill level 2

    26.49

    37.08

    47.68

    26.49

    47.68

    24.15

    48.31

    Skill level 3

    27.40

    38.36

    49.32

    27.40

    49.32

    24.15

    48.31

    Skill level 4

    28.86

    40.41

    51.95

    28.86

    51.95

    24.15

    48.31

    Skill level 5 and thereafter

    30.68

    42.95

    55.22

    30.68

    55.22

    24.15

    48.31

1 These rates are only payable where agreement is reached in accordance with clause 31.6.

2 Payment per shift in addition to applicable ordinary hourly rate.

3 Rates in table are calculated based on the minimum hourly rate, see clauses C.1.1 and C.1.2.

Schedule D—Summary of Monetary Allowances
D.1 Wage-related allowances
D.1.1 The following wage-related allowances are based on the weekly standard rate defined in clause 2Definitions as the minimum rate for General Skill level 4 in clause 19.1 = $877.60. These rates are to be paid in accordance with clauses 22Allowances—General to 25Allowances—Felt and wadding industry.

D.1.2 Adjustment of wage-related allowances

D.2 Expense-related allowances
D.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 22Allowances—General to 25Allowances—Felt and wadding industry:

    Allowance

    Clause

    $

    Payable

    Meal allowance

    22.3(a)(i)

    13.43

    per occasion

D.2.2 Adjustment of expense-related allowances

D.3 Other allowances

   

Schedule E—Apprentices
E.1 An apprentice means any person employed and registered in the form prescribed by the relevant State Apprenticeship Authority.
E.2 For the purposes of this award, an apprentice is an employee who is engaged under a Training Agreement registered by the relevant State or Territory Training or Apprenticeship Authority, where the qualification outcome specified in the Training Agreement is a relevant qualification from a Training Package endorsed by the National Training Framework Committee.
E.3 An apprentice will also include an employee who is engaged under a Training Agreement or Contract of Training for an apprenticeship declared or recognised by the relevant State or Territory Training or Apprenticeship Authority.
E.4 Subject to appropriate State legislation, an employer must not employ an unapprenticed junior in a trade or occupation provided for in this award.
E.5 In order to undertake trade training in accordance with clause E.1 a person must be a party to a contract of apprenticeship training agreement in accordance with the requirements of the Apprenticeship Authority or State legislation. The employer must provide access to training consistent with the contract or training agreement without loss of pay.
E.6 An apprentice who attends a Registered Training Organisation (RTO) must be reimbursed by their employer for all training fees and the costs of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) paid by the apprentice in respect of any course prescribed, at the end of each term, unless there is unsatisfactory progress. An employer may meet its obligation by paying any fees and/or cost of textbooks directly to the RTO.
E.7 The probationary period of an apprentice must be as set out in the training agreement or contract of apprenticeship consistent with the requirements of the Apprenticeship Authority and with State legislation but must not exceed 3 months.
E.8 An apprentice who is under 21 years of age on completion of their apprenticeship and who is employed in the occupation to which they were apprenticed will be paid not less than the adult rate prescribed for that classification.
E.9 Except as provided in Schedule E or where otherwise stated all conditions of employment specified in this award will apply to apprentices.
E.10 No apprentice under the age of 18 years will be required to work overtime unless they request to work overtime. An apprentice must not work or be required to work overtime at times which would prevent their attendance at technical school as required by this award or State legislation or regulation.
E.11 No apprentice under the age of 18 years will be employed on any shift other than the day shift. An apprentice over the age of 18 years by mutual agreement may be required to work on an afternoon shift provided such shiftwork does not prevent their attendance at technical school as required by any legislation, award or regulation applicable to them.
E.12 An apprentice must not work under any system of payment by results.
E.13 An employer must allow an apprentice to take time off during working hours to attend available classes. In order to be entitled to the time off the apprentice must produce a card showing the employee’s attendance at school for the period.
E.14 The provisions of Schedule E will be read in conjunction with any State legislation or regulation relating to apprentices provided that the provisions of the State legislation or regulation:

  are not inconsistent with this award; and

  does not operate to the exclusion of clauses 19.7 and 19.8.

E.15 Provisions of any State award, legislation or regulation relating to the attendance of apprentices at technical school during ordinary working hours or to disciplinary powers of apprenticeship authorities over apprentices and employers are deemed not to be inconsistent with this award.
E.16 Apprentices are entitled to the NES, as supplemented by this Award, except with respect to redundancy pay.
E.17 The ordinary hours of employment of apprentices must not exceed those of the tradespersons in their workshop.
E.18 The number of apprentices which may be employed by any employer at any time in the said trade or trades must not exceed the proportion of one apprentice for each individual tradesperson employed by such employer in such trade.
E.19 Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such 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 such training. Provided that clause E.19 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
E.20 For the purposes of clause E.19, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause E.19, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
E.21 The amount payable by an employer under clause E.19 may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
E.22 Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause E.22 operates subject to the provisions of clause E.24.
E.23 Adult apprentices
E.23.1 An adult apprentice means a person 21 years of age or over who enters into a training agreement or contract from the first time and is registered in the form prescribed by the relevant State Apprenticeship Authority.
E.23.2 Where the relevant State Apprenticeship Authority approves an application from an employee who has been employed in the relevant industry for at least 2 consecutive years and the Authority is satisfied that the applicant has sufficient theoretical and practical knowledge the Authority may, subject to any conditions it may determine, permit the applicant to advance within the apprenticeship period by a maximum of 2 years.
E.24 School-based apprentices

The following provisions apply to school-based apprentices.

E.24.1 A school-based apprentice is a person who is undertaking an apprenticeship in accordance with clause E.24 while also undertaking a course of secondary education.
E.24.2 The hourly rates for full-time junior and adult apprentices as set out in this award will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
E.24.3 For the purposes of the above, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice is paid is deemed to be 25% of the actual hours each week worked on-the-job. The wages paid for training time may be averaged over a semester or year.
E.24.4 The school-based apprentice will 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.
E.24.5 For the purposes of clause E.24, 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.
E.24.6 The duration of the apprenticeship will be as specified in the training agreement or contract for each apprentice. The period so specified to which the apprentice wage rates apply must not exceed 6 years.
E.24.7 School-based apprentices will progress through the 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.
E.24.8 These rates are based on a standard full-time apprenticeship of 4 years 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.
E.24.9 Where 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 wage scale. This progression will apply in addition to the progression achieved as a school-based apprentice.
E.24.10 School-based apprentices will be entitled pro rata to all of the conditions of employees under this award.

   

Schedule F—Outwork and Related Provisions
F.1 For information in relation to the operation of this schedule the following organisations can be contacted for further information:

F.2 Definitions
F.2.1 Arrangement means any arrangement made by a principal with any legal or natural person to have work carried out for the principal, whether or not the person carries out the work, but does not include employment of an employee who is not an outworker to carry out the work.

F.2.2 Ordinary working week means the hours and days occurring between midnight on Sunday night and midnight on Friday night in any week.
F.2.3 Outworker has the same meaning as that contained in section 12 of the Act.
F.2.4 Principal means:

F.2.5 Work means work on or in relation to any garment, article or material in the textile, clothing and footwear industry, including for example design, preparation, manufacture, packing, processing and finishing work, and organisation, procurement, control, management or supervision of work.
F.2.6 Worker means:

F.3 General requirements for making arrangements
F.3.1 Registration

F.3.2 Work records

F.3.3 Lists

F.3.4 Terms of arrangements

F.4 Additional requirements for making arrangements with workers
F.4.1 A principal must comply with clause F.4 in addition to clause F.3 where the principal makes an arrangement:

F.4.2 Written agreements

F.4.3 The proposed terms of the written agreement must be expressed clearly and simply in a language the worker understands and must be provided in writing to the worker in that language a reasonable time before it is signed.

F.4.4 Additional information in work records

F.4.5 A principal must provide the worker with a copy of this schedule in the appropriate language for the worker.
F.4.6 A principal must provide the worker with the minimum conditions set out in clause F.5.
F.5 Minimum conditions for workers
F.5.1 National Employment Standards

F.5.2 Hours of work

F.5.3 Work on weekends and public holidays

F.5.4 Time standards and payment

F.5.5 Payment

F.5.6 A principal must provide the worker with all necessary materials, trimmings and sewing threads to perform the work required of the worker, and cause all relevant materials, products, garments or articles to be delivered and collected from the worker at no cost to the worker.
F.5.7 Stand-down

F.5.8 A principal must apply the remaining provisions of this award to the worker as though the worker is an employee, whether or not the principal is an employer or the worker is an employee, excluding the following clauses:

F.5.9 A principal must not make one or more arrangements covered by this schedule with more than 10 workers at any one time, unless the principal has the consent of the Union or the board of reference, which may exercise its discretion to allow the principal to do so.
F.5.10 Dispute Resolution

F.6 Registration and board of reference
F.6.1 For the purposes of this part, the General Manager or their nominee must appoint a board of reference for each of the following places:

F.6.2 The board must consist of 2 Union representatives and 2 principal representatives with the addition of the General Manager or such person as they may nominate as chairperson of the board. In the event of the representative members of the board being equally divided in opinion, the chairperson may cast their vote to give a majority decision.
F.6.3 Any board member may appoint a nominee to act on their behalf at any time.
F.6.4 Three members, one of whom must be the General Manager or their nominee will constitute a quorum.
F.6.5 A board of reference may sit at such times and places as the members may agree or the General Manager or their nominee may fix and may adjourn from time to time and place to place.
F.6.6 The functions of the board of reference are to deal with any matter as provided for in this part.
F.6.7 Powers of board of reference to register principals

F.7 Observance of award
F.7.1 A principal must not, in any way, whether directly or indirectly, be a party to or concerned in conduct that:

F.7.2 A principal must retain all work records, lists, written agreement records and/or stand down records required under this part for a period of 6 years after the relevant record was made.
F.7.3 Within 2 working days of a request being made, the principal’s work records, Lists, written agreement records and/or stand down records must be provided by the principal to the Union for inspection and copying:

F.7.4 The Union will not divulge any information contained in a work record in compliance with clause F.3.2(a)(ix) concerning the price to be paid for each garment or article in any circumstances to any party save for in enforcement or dispute resolution proceedings in a Court or Tribunal.
F.8 Recovery of unpaid remuneration
F.8.1 Unpaid remuneration includes any amount payable to a worker, whether or not an arrangement applies to the worker, including but not limited to amounts in respect of:

F.8.2 Extended liability of principal

F.8.3 Extended liability of apparent principal

   

Appendix to Schedule F—Information to be given to outworkers

Preamble

If you work at home or outside a workshop in the textile, clothing, footwear and associated industries, you may be an outworker.

If you are an outworker, you are entitled to the same wages and conditions, in general, as workers in textile, clothing or footwear factories.

The Textile, Clothing, Footwear and Associated Industries Award 2020 (the Award) sets out legally enforceable rights and obligations. This applies to all outworkers including employees, independent contractors, and holders of business name registrations.

According to this law some of the entitlements outworkers must receive are set out below:

Hours of work

An outworker may only be employed to work full-time, which is 38 hours a week, or regular part-time, which must be at least 15 hours per week or 10 hours per week (with the agreement of the outworker and the consent of the Union). The hours must be agreed to in advance by the outworker and the employer.

This means you are guaranteed payment for the agreed number of hours per week, even if you are not given any work, unless you are stood-down in accordance with the Award.

If you are a regular part-time worker, the agreed number of hours can also be averaged over a period of up to 4 weeks. The averaging must be agreed to in advance by the outworker and the employer.

You cannot be required to work on Saturdays, Sundays or public holidays. You may agree to work on those days if asked to do so by your employer. You will have to be paid overtime rates if you do work on these days.

As a full-time or regular part-time worker you can only be required to work 7 hours and 36 minutes each day. If you are asked by your employer to work more than this number of hours, you must be paid overtime.

This means that even if you are paid by the piece you cannot receive less than the hourly award rate of pay.

Overtime

If you agree to work more than 7 hours and 36 minutes in a day, Monday to Friday, you must be paid one and a half times the normal hourly rate for each hour over the 7 hours and 36 minutes.

For each hour you agree to work on a Saturday, Sunday or public holiday, you must be paid double the normal hourly rate.

Wages

According to law, as at 1 November 2020, the usual weekly wage for 38 hours, Monday to Friday, is $805.10.

The hourly rate is $21.19. Remember, the law says you must not be paid less than the hourly rates according to the Award.

Each year, the industrial tribunal the Fair Work Commission reviews the minimum hourly rates of pay. In 2020 the Award hourly rate of pay will increase from 1 November.

Annual leave (holidays)

You are entitled to annual leave. You should get paid 20 working days’ paid leave for every year you work full-time. You should be paid before you go on holidays, and this holiday pay should include an extra amount - a holiday leave loading - of 17.5% of your pay.

This amount of annual leave for regular part-time workers depends on the hours you work in a 12 month period.

Payment for public holidays (such as Christmas or New Year’s Day) which occur when you are on leave, should be added onto your holiday pay.

Public holidays

If you normally work on a day on which a public holiday falls you should receive a day’s pay without working on that day. Some States have different public holidays but all have about 10 different public holidays a year.

The public holidays that apply across Australia are New Year’s Day (1 January), Australia Day (26 January), Good Friday and Easter Monday in March or April, ANZAC Day (25 April), Christmas Day and Boxing Day (25 and 26 December). There are extra public holidays that apply on different days in different States.

Superannuation

By law, your employer has to make a superannuation contribution of 9.5% to an approved fund, for you. The industry default funds are Australian Super Fund and SunSuper, which are approved by both the union and some employer organisations, unless you choose another complying fund.

Workers Compensation

As an outworker you are entitled to a safe and healthy workplace. As an outworker you are covered by work health and safety legislation and workers compensation legislation.

If you become ill or suffer an injury as a result of the work you may be entitled to workers compensation, which helps you pay for any treatment you might need to get better, and for time off work.

Materials

Your employer must provide all necessary materials, trimmings and sewing threads for the work you are doing.

Delivery and pick up

The employer must deliver and pick up the work free of charge to you.

Record of work

Every time you receive work you should keep a record.

This should show:

If you need information or help in relation to any of your rights you can contact the Textile, Clothing and Footwear Union of Australia, the union which represents workers in the TCF industry.

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

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

    Relevant minimum wage
    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

G.4.2 Provided that the minimum amount payable must be not less than $89 per week.
G.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
G.5 Assessment of capacity
G.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.
G.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.
G.6 Lodgement of SWS wage assessment agreement
G.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.
G.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.
G.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.

G.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.

G.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.

G.10 Trial period
G.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.
G.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.
G.10.3 The minimum amount payable to the employee during the trial period must be no less than $89 per week.
G.10.4 Work trials should include induction or training as appropriate to the job being trialled.
G.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 G.5.

Schedule H—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 I—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 J—Part-day Public Holidays
J.1 This schedule operates in conjunction with award provisions dealing with public holidays.
J.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:

J.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.
J.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

X.2.2 Annual leave at half pay

NOTE 1: A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.

NOTE 2: Under section 340(1) of the Act, an employer must not take adverse action against an employee because the employee has a workplace right, has or has not exercised a workplace right, or proposes or does not propose to exercise a workplace right, or to prevent the employee exercising a workplace right. Under section 342(1) of the Act, an employer takes adverse action against an employee if the employer dismisses the employee, injures the employee in his or her employment, alters the position of the employee to the employee’s prejudice, or discriminates between the employee and other employees of the employer.

NOTE 3: Under section 343(1) of the Act, a person must not organise or take, or threaten to organise or take, action against another person with intent to coerce the person to exercise or not exercise, or propose to exercise or not exercise, a workplace right, or to exercise or propose to exercise a workplace right in a particular way.