AW808516 PR905555

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996

Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the

Workplace Relations and Other Legislation Amendment Act 1996

(C No. 00766 of 1999)

MANNEQUINS AND MODELS AWARD 1991

(ODN C No. 32990 of 1991)

[Print K1523 [M0378]]

Award simplification.

ORDER

A. Further to the decisions issued by the Commission on 23 May 2001, [Print AW788102 PR904543] and 25 June 2001 [AW788102 PR905546] the above award is varied as follows:

By deleting all clauses, schedules and appendices and inserting the following:

1. AWARD TITLE

This award shall be known as the Mannequins and Models Award 2000.

2. ARRANGEMENT

This award is arranged as follows:

1. Award title

2. Arrangement

3. Scope of the award

4. Incidence of award and supersession

Part 1 - Casual Mannequins and Models

5. Rates

6 Fitting fee

7 Travelling allowance

8 Distant work, fares and accommodation

9 Contract of employment

10 Special clothes

11 Care of clothes

12 Method of payment

13 Rest pauses

14 Meal breaks

Part 2 - House Mannequins or Models and Fashion Coordinators - Permanently Employed

15 Definition

16 Rates of pay

17 Transport allowance

18 Additional amount for evening and/or Saturday work

19 Sunday work

20 Living away from home allowance

21 Meal allowance

22 Implementation of 38-hour week

23 Hours of work and rosters

24 Overtime

25 Terms of employment

26 Public holidays

27 Annual holidays

28 Meal breaks

29 Rest pauses

30 Payment of wages

31 Clothing and accessories

32 Accident pay

33 Parental leave

Part 3 - All Employees

34 Enterprise Flexibility

35 Facilitative Provisions

36 Dispute avoidance & settling procedure

37 Termination of employment

38 Redundancy

39 Superannuation

40 Range of Duties

41 Transport of employees

42 Personal/carer's leave

43 Traineeships

44 Supported wage

45 Anti-discrimination

46 Date of operation and duration

Schedule A List of respondents to the award

3. SCOPE OF THE AWARD

This award shall operate in the States of Queensland, Western Australia, Tasmania and Victoria, in the Northern Territory and in the Australian Capital Territory.

4. INCIDENCE OF AWARD AND SUPERCESSION

This award shall be binding upon the employers named in the schedule of respondents hereto and upon the members of the organisations of employers named in the said schedule, who are engaged in or in connection with the mannequins and models industry, in respect of each and every employee as defined in this award, whether or not members of the Shop, Distributive & Allied Employees' Association and upon the said association and the members thereof. This award supercedes the Mannequins and Models Award 1991, Mannequins and Models (Roping In No 1)Award 1992, Mannequins and Models Roping In No 1 Award 1993 and the Mannequins and Models (Roping In No 1)Award 1995.

PART 1 - CASUAL MANNEQUINS AND MODELS

5. RATES

5.1 These rates apply to all persons (children and adults). The rates specified in this Part are inclusive of annual leave and sick leave entitlements. The rates in this Part are to be adjusted from time to time in accordance with decisions of the Australian Industrial Relations Commission by the following process:

Where an increase is expressed as a flat rate by the Commission this shall be converted to a percentage by the following process:

Flat rate x 100

House model rate

The resultant percentage shall be applied as an increase to all rates in this Part to produce increased new rates.

The rates in this Part are to be calculated to the nearest 10 cents, any broken part of 10 cents in the result not exceeding 5 cents to be disregarded.

5.2 Modelling for still photography, television or movie appearances

This part applies to persons engaged in modelling for still photography and/or to persons engaged to model or demonstrate clothing or accessories for filming (including videotape or similar process) or direct television transmission for the purpose of advertising such clothing or accessories. It does not apply to persons required to act a part or speak lines.

	$
One hour or part thereof	58.90
Up to two hours	93.10
Up to four hours	142.60
Half day rate	142.60
Full day rate	285.90

Note: In relation to 5.1 and 5.2 for a full half day call, four hours shall be calculated from 9.00 a.m. to 1.00 p.m. or 8.00 a.m. to 12 noon or as agreed.

5.3 Trade showings or parades

Mannequins - manufacturers' and agents' showing is exclusively to the trade.

Commencing not later than 5.30 p.m.:

5.4 Mannequins - other than manufacturers' and agents' showings exclusively to the trade

Provided that where such single parade is held with press photographers and/or television present and such has been arranged by the employer, such single parade shall be termed an "exclusive parade" and an additional fee of $** shall be paid.

5.5 Mannequins showing foundation garments

5.5.1 Manufacturers or agents' or showroom work

		$
5.5.1(a)	Full day - 9.00 a.m. to 5.30 p.m.	144.50
5.5.1(b)	Half day (maximum time 4 consecutive hours)	72.60
5.5.1(c)	Evening showing (parade starting after 5.30 p.m.) (maximum time 2 consecutive hours)	100.00

Provided that where a manufacturer's or agent's or showroom work showing of foundation garments is an uninterrupted or continuous presentation of showing of a range of foundation garments to more than one retailer simultaneously in the one place and at the same time, such showing shall be deemed to be a "public parade" and be paid as such.

5.5.2 Store or public parades

(maximum time 2 consecutive hours) $156.20

5.6 Repetitive parades (paradettes), other than manufacturers' and agents' showings exclusive trade

A repetitive parade is one where a collection of wearing apparel is shown periodically over a period of a day or days in parades of no longer duration than 30 minutes each.

5.7 Rehearsals

5.8 Freelance fashion comperes - mannequin parades

5.8.1 Comperes not required to prepare scripts shall receive the rates payable to mannequins depending upon the class of parade performed, with the addition of an amount of $23.

5.8.2 Comperes required to prepare their own scripts shall be paid the rates provided in paragraph 5.8.1 hereof together with the addition of the appropriate amount indicated in subparagraph 5.8.2(a) or 5.8.2(b) hereof.

		$
5.8.2(a)	Script for repetitive parades (paradettes)	29.20
5.8.2(b)	Script for a single parade	57.20

5.9 Billboard

When the photograph(s) taken are used for large billboards or posters (minimum size 20 feet x 10 feet), a separate payment of $124.50 shall be paid to each model involved, in excess of the rates mentioned elsewhere in this clause.

6. FITTING FEE

Fittings requested by an employer shall be paid per hour or part thereof at the rate of $32.40.

7. TRAVELLING ALLOWANCE (WITHIN A DISTANCE OF 50KMS OF THE CAPITAL CITY GPO)

Where a model is required to travel in connection with an engagement within 50 kms of the capital city GPO, the following allowances shall be paid:

8. DISTANT WORK, FARES AND ACCOMMODATION

8.1 All fares to and from engagements outside of the radius of 50 kilometres from the capital city GPO or outside of the radius of 50 kilometres from the place in which the model resides shall be reimbursed by the employer. Such payment shall be sufficient to cover the cost of first class travel where first class rail travel is available, and at least economy class air fares where the journey exceeds 240 kilometres and normal air transport services are available.

8.2 Provided that the employer may provide suitable transport and/or undertake transport arrangements herself/himself in accordance with the requirements of this subclause in lieu of the payments prescribed herein.

8.3 Provided that where it is mutually agreed that a model shall use her/his own vehicle, such model shall be paid a car allowance of 52 cents per kilometre for the actual distance traveled by the vehicle in connection with the engagement. For the purpose of this provision the "actual distance traveled" shall mean and include the distance traveled between the model's place of residence and the assignment.

9. CONTRACT OF EMPLOYMENT

9.1 General conditions of a written contract

Prior to the commencement of any work by the mannequin or model for any employer that employer shall specify in writing to the mannequin or model all details of the engagement including:

9.1.1 what the model is to wear or not wear;

9.1.2 where, and under what conditions the work is to be carried out;

9.1.3 whether the employer requires the mannequin or model to undertake to not work for any other employer in the industry for the duration (or part thereof) of the engagement;

9.1.4 whether the mannequin or model will at any time be required to hold herself/himself "on call" and if so for what period(s) of time;

9.1.5 whether the mannequin or model will be required to wear her/his hair in any particular style or colour;

9.1.6 the way in which the work shall be photographed or otherwise recorded;

9.1.7 the purpose for which the work, photograph, film, tape or other record shall be used.

All mannequins and models shall be required by the employer to sign the document setting out the above details prior to commencing work. Once a mannequin or model signs such document she/he shall be responsible for carrying out the work specified in such document unless factors beyond her/his control prevent her/him from doing so.

9.2 Photographs

An employer or other body may not use the photograph, film or other record of the mannequin or model for any purpose other than that which is specified in writing to the mannequin or model at the time of engagement.

Where a photograph or film of a model or mannequin is reproduced for any purpose other than that stated at the time of engagement the model or mannequin shall be paid for each reproduction as if it was a new and separate engagement at the rate specified for a full day.

9.3 On call

A mannequin or model required to be on call for any period of time shall be paid an on call payment equal to the rate in paragraph 5(a)(i) of this award for all time spent on call.

9.4 Hair treatment

9.4.1 Any hair treatment required by the employer of a mannequin or model for an assignment shall be reimbursed by the employer. Also, should the model or mannequin require their hair to be returned to its normal colour and/or style after the assignment, this cost shall also be met by the employer provided that such treatment is carried out at a salon mutually acceptable to the employer and the employee and provided that the mannequin or model informs the employer prior to the original hair treatment that she/he will require her/his hair to be returned to its pre-engagement colour and/or style at the conclusion of the said engagement.

9.4.2 Where a model or mannequin is required to appear in lingerie, foundation garments, semi-nude or nude she/he shall be entitled to have another person of her/his choosing present at all time during the engagement.

9.5 Mannequin audition

Prior to an engagement by an employer and where the mannequin has not previously worked for the employer, the employer may demand that such mannequin audition. Such audition shall not exceed one half-hour and shall not be associated with a parade, repetitive parade or showing by the manufacturers or agents. No fees shall be payable for such auditions.

9.6 General provisions for mannequins

9.6.1 Where a range actually shown numbers more than 40 garments, two mannequins shall be used.

9.6.2 No two employers with separate ranges shall share the services of a mannequin as a single booking except where this occurs on the same premises.

9.6.3 Provided that where a manufacturer's and/or agent's showing exclusively to the trade is an uninterrupted or continuous presentation or showing of a range of clothing and/or accessories to more than one retailer simultaneously in the one place and at the same time, such showing shall be deemed to be a "parade", and be paid as such.

9.7 Test shots for models

9.7.1 If a model is to be tested or a new model is to be photographed for test pictures and the model has been notified accordingly, no fee is necessary. Subsequent use of such test shots, however, is to be paid for at the applicable hourly rate. The use of such test shots is to be specified in writing to the model.

9.7.2 Shots for layout purposes (trial shots) to be paid for at the applicable minimum hourly rate.

9.8 Bookings

It shall be a condition of every engagement where photographs are being taken of a model that the employer shall, at the time of booking, inform the model of the details for which the photograph is being taken, in writing.

9.9 Attendance by models

9.9.1 Where a person is engaged to perform work covered by subclause 5.2 of this award the following shall apply:

9.9.1(a) The time of work for which the hourly payment is to be made is to be from the starting time arranged until the work is finished. The model is expected to arrive to start the work already made up and with hair fixed, or should arrive in sufficient time to prepare herself/himself and to be ready to start work by the time arranged.

9.9.1(b) If a model arrives late or without reasonable excuse, delays the start or continuation of the work with the result that it is not reasonably practicable to start or complete the work on the same day, her/his fee or proportionate part of her/his fee according to the circumstances (and likewise the fee or fees or a proportionate part of the fees of any other model or models engaged to take part in the same work) will be forfeited.

9.9.2 Where a person is engaged to perform work covered by subclauses 5.3, 5.4, 5.5, 5.6, 5.7, 5.8 or 5.9 of this award the following shall apply:

The person engaged for a parade day shall arrive at least 15 minutes before the first parade or at the time fixed when the booking was made. If the mannequin arrives late she/he forfeits her/his booking or if at the discretion of the employer or her/his representatives she/he is allowed to join in subsequent parades she/he shall only be entitled to proportionate payment based on the number of parades in which she/he actually participates.

9.10 Cancellations and/or postponements

9.10.1 In the case of a person engaged to perform work covered by subclause 5.2 of this award the following shall apply:

9.10.1(a)(i) If less than 24 hours notice of cancellation and/or postponement is given then except where subclauses 9.10.1(b) and 9.10.1(c) hereof apply, the full fee shall be paid.

9.10.1(a)(ii) If at least 24 hours but less than 48 hours notice of cancellation and/or postponement is given, half fees will be paid, but if the work is only deferred on such 24 hours notice, ten percent of the fees will be paid for the day on which the work was to have been performed and full fees when the work is subsequently completed.

9.10.1(a)(iii) If at least 48 hours notice of cancellation and/or postponement is given no fees will be paid.

9.10.1(b) Weather checks. If work is cancelled on a weather check, no fee is to be paid.

9.10.1(c) Location. If work is cancelled on location, the full fee is to be paid.

9.10.1(d) For the purposes of this clause weather check shall mean weather conditions do not permit the satisfactory performance of work.

9.10.2 In the case of a person engaged to perform work covered by subclauses 5.3, 5.4, 5.5, 5.6, 5.7, 5.8 or 5.9 of this award the following shall apply:

The following shall be the minimum fees payable for any class of work covered by this part of the award in the event of such work being cancelled by the employer through no fault of the mannequin/model concerned, other than where the mannequin/model cannot be usefully employed because of any strike or stoppage of work by any cause for which the employer cannot reasonably be held responsible.

9.10.2(a) In the case of engagements of less than one week's duration:

9.10.2(a)(i) If less than 48 hours notice of the cancellation is given, the full fee shall be paid.

9.10.2(a)(ii) If at least 48 hours notice of the cancellation is given, no fees shall be paid.

9.10.2(b) In the case of engagements of one week's duration or longer:

9.10.2(b)(i) If less than 14 days notice of cancellation is given, one week's fee shall be paid.

9.10.2(b)(ii) If 14 days notice or more is given, no fee shall be paid.

9.11 Clothing and accessories

Each mannequin/model shall provide the following minimum clothing and accessories appropriate to the fashion season and, having ascertained the nature of the assignment, shall report for work with the appropriate clothing and accessories:

Females

Light and dark fashion footwear (day, casual and evening)

Fashion hose

Skirts

Blouses and skivvies

Slacks

Bra's

Foundation garments

Modelling briefs

Slips

Head scarf

Wigs, hairpiece, etc

Appropriate cosmetics

General current accessories

Males

Light and dark fashion footwear (day, casual and evening)

Appropriate hose

Slacks

Shirts and skivvies

Suits (day and evening)

Casual jackets

General current accessories

10. SPECIAL CLOTHES

Where an employee is required to wear Special clothes, in excess of the clothing and accessories provided for in subclause 9.11 of this award, or special requirements, the employer must reimburse the employee for the cost of obtaining such clothing or requirements. Provided that no payment need be made where the clothing or requirements are provided by the employer. Such special clothes or special requirements provided by the employer remain the property of the employer.

11. CARE OF CLOTHES

It shall be the duty of the person engaged to re-hang or fold, as required, the garments she/he has been wearing.

12. METHOD OF PAYMENT

12.1 Fees shall be paid to the employee not later than 14 days following the completion of the engagement, except in the case of a weekly or longer engagement in which case fees shall be paid not later than 14 days after the completion of each week of such engagement.

12.2 Unless fees are paid in accordance with this clause, payment shall be deemed not to have been made to the employee.

12.3 All payments made to employees by the employer shall be accompanied by an itemised list indicating:

12.3.1 the nature of the employment;

12.3.2 number of parades, hours or days employed;

12.3.3 the date or dates on which the employment was effected;

12.3.4 amount of payment for the work;

12.3.5 special allowances paid;

12.3.6 gross total wage;

12.3.7 taxation deductions (if applicable);

12.3.8 other authorised deductions;

12.3.9 net total wage.

12.4 Provided that if an employer engages more than one employee, each employee shall be paid separately as indicated above.

12.5 If an agent supplies the services of a mannequin or model to a person wishing to hire such services, and for which the agent receives a contract price, the agent then is the employer and has to comply with this clause, as with other provisions of this award. An agent acting merely as an intermediary by introducing a prospective employee but who receives payment for a model or mannequin for whom the agency is acting will include this statement of method of payment when paying the mannequin or model for whom the agency is acting.

12.6 Should an agent pay a model or mannequin in advance of receiving payment from a client the same method of payment as above shall be mandatory.

12.7 Provided that no mannequin or model shall receive an amount less than 90 per cent of the rates set out in clause 5 of this award.

13. REST PAUSES

Where the engagement is for a continuous period of four hours or more a model shall be entitled to a rest pause of 15 minutes duration during the morning and/or afternoon and/or evening. Such rest pause(s) shall be counted as time worked and shall be taken at such time as will not interfere with the continuity of work where continuity is necessary.

14. MEAL BREAKS

14.1 No model shall be required to work continuously for more than five hours without a break for a meal of not less than 45 minutes.

14.2 All employees shall be allowed a meal interval, with the right to leave the establishment where the work is being carried out for the whole of such interval, if not less than 45 minutes, provided that where the employee and employer agree the meal interval for lunch may be not less than 30 minutes.

14.3 Where no facilities are available to procure meals in the vicinity, models must be notified at the time of booking.

PART 2 - HOUSE MANNEQUINS OR MODELS AND FASHION CO-ORDINATORS - PERMANENTLY EMPLOYED

15. DEFINITION

House mannequin or model means a person engaged to show clothing and accessories or ranges of clothing and accessories and who may be employed at other times in work associated with and incidental thereto.

Fashion co-ordinator means a person who is responsible for arranging the selection and accessorising of garments to be shown on a mannequin; who procures for the compere the price and availability of such garments; who may be required to arrange the order of presentation of the parade and to supervise the selection and fitting of mannequins and who may be employed at other times in work associated with and incidental thereto.

16. RATES OF PAY

16.1 Minimum rates to be paid by an employer to a house mannequin or model permanently employed shall be as set out hereunder:

16.2 Percentage of wage for the classification "House mannequin or model"

		$
Juniors
15 years of age	60%	275.60
16 years of age	75%	344.60
17 years of age	90%	413.50

The calculation of the above percentages shall be made to the nearest 10 cents, any broken part of 10 cents in the result not exceeding 5 cents to be disregarded.

16.2.1 The rates of pay in this award include the arbitrated safety net adjustment payable under the April 2000 Safety Net Review - Wages May 2000 decisions [Prints S5000]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

16.2.2 Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

17. TRANSPORT ALLOWANCE

Where an employer occasionally requires an employee to use their own motor vehicle in the performance of their duties such employee shall be paid an allowance of not less than 52 cents per kilometre.

18. ADDITIONAL AMOUNT FOR EVENING AND/OR SATURDAY WORK

18.1 Evening work

An additional amount shall be paid to all weekly employees for all time worked within ordinary hours between 6.00 p.m. and 9.00 p.m. on a week day as follows:

	Additional amount per hour $
House mannequin or model	3.00

		$
Juniors
15 years of age		1.80
16 years of age		2.25
17 years of age		2.70

18.2 Saturday work

An additional amount shall be paid to all weekly employees for all time worked within ordinary hours between 7.00 a.m. and 6.00 p.m. on a Saturday as follows:

	Additional amount per hour $
House mannequin or model	6.10

		$
Juniors
15 years of age		3.70
16 years of age		4.60
17 years of age		5.50

19. SUNDAY WORK

The rate for all work done on Sunday shall be as follows:

	Amount per hour $
House mannequin or model	24.10

		$
Juniors
15 years of age		14.00
16 years of age		18.10
17 years of age		21.70

20. LIVING AWAY FROM HOME

20.1 An employee, required by her/his employer to work temporarily for the employer away from her/his usual place of employment and who is required thereby to sleep away from her/his usual place of residence, shall be entitled to the following:

20.1.1 Reimbursement of Fares to and from the place at which the employer requires the employee to work.

20.1.2 Reimbursement of All reasonable expenses incurred for board and lodging.

20.1.3 Payment at ordinary rates of pay for all time spent in travelling between the employee's usual place of employment and the temporary location, such paid time not to exceed eight hours in 24 hours.

21. MEAL ALLOWANCE

21.1 Overtime

An employee required to work not less than one hour of overtime (Monday to Saturday inclusive) after her/his ordinary time of ending work shall be paid a meal allowance of $8.80. Provided that where such overtime work exceeds four hours a further meal allowance of $7.90 shall be paid.

21.2 Late night

Any weekly employee entitled pursuant to clause 28 of this award to a second meal break on a week day shall be paid a meal allowance of $8.80.

21.3 Sunday

An employee required to work more than four hours overtime on a Sunday shall be paid a meal allowance of $8.80 and a further $7.90 when required to work more than eight hours on such day.

21.4 Meal provided

The above allowance shall not be payable where the employer has her/his own cooking and dining facilities and by agreement with the employee supplies a substantial meal which shall consist of food comprising soup, entree or joint, vegetables and sweet.

21.5 Payment

Meal money shall be paid on the same day as the overtime is worked or shall be paid in the weekly or fortnightly pay.

22. IMPLEMENTATION OF 38-HOUR WEEK

22.1 Ordinary hours of work shall be an average of 38 per week as provided in clause 23 of this award.

22.2 Except as provided in subclause 22.4 hereof, the method of implementation of the 38-hour week may be any one of the following:

22.2.1 shorter days, that is 7.6 hours;

22.2.2 a shorter day or days each working week;

22.2.3 a shorter fortnight i.e. four hours off in addition to the rostered day off;

22.2.4 a fixed day off in a four week cycle;

22.2.5 a rotating day off in a four week cycle;

22.2.6 an accumulating day off in a four week cycle, with a maximum of five days being accumulated in five cycles.

Provided that for all purposes of this award other than subclause 24.2.3 of this award a day or half day off which accrues under paragraphs 22.2.3, 22.2.4 and 22.2.5 hereof above shall be deemed to be unpaid.

22.3 In each establishment or shop, an assessment should be made as to which method of implementation best suits the business and the proposal should be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

22.4 Circumstances may arise where different methods of implementation of a 38-hour week apply to various groups or sections of employees in the shop or establishment concerned.

22.5 Substituted days

22.5.1 An employer, with the agreement of the majority of employees concerned, may substitute the day or half day an employee is to take off, in accordance with paragraphs 22.2.3, 22.2.4 and 22.2.5 hereof, for another day or half day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

22.5.2 By agreement between an employer and an employee another day may be substituted for the day the employee is not working.

23. HOURS OF WORK AND ROSTERS

23.1 The maximum number of hours that still constitute an ordinary week's work for each full-time weekly employee without the payment of overtime shall not exceed on average 38 per week and shall be worked on not more than five days in any week, within the times set out in subclause 23.2 hereof.

23.2 The maximum number of hours that shall constitute a day's work without the payment of overtime shall not exceed nine except on one day in any week when it shall not exceed 10.5 hours.

23.3 Spread of ordinary hours

Monday to Wednesday	7.00 a.m. to	9.00 p.m.
Thursday, Friday and Saturday	7.00 a.m. to	6.00 p.m.

23.4 Late nights

Where a full-time employee is scheduled to work on a Thursday or a Friday after 6.00 p.m. her/his ordinary time of ending work on the alternate day shall be 6.00 p.m.

23.5 Notification of rosters

23.5.1 The weekly and daily working hours shall be notified in writing by the employer to each full-time weekly employee at least 14 days in advance together with the days on which the employee is to be off duty. In the absence of such notification, it shall be deemed that the employee is rostered to work Monday to Friday (inclusive) each week.

23.5.2 Provided that employees shall be notified not less than one week in advance of any change in the roster.

23.5.3 Provided that the roster may be changed by mutual agreement between the employer and the employee.

23.5.4 Provided further that in the case of an emergency or other unforeseen circumstance the roster may be changed upon 48 hours notice being given by the employer to the employee.

23.6 Employment on rostered day off

At her/his own election but not otherwise, an employee may be employed on her/his day off or on a day or half day off which accrues under paragraphs 22.2.3, 22.2.4, 22.2.5 or 22.2.6 of this award.

23.7 Make up time

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

23.7.2 Subclause 23.7 is subject to the employer informing the union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of make-up time flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

23.7.3 Once a decision has been taken to introduce an enterprise system of make up time, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to the Regulations.

23.7.4 An employer shall record make up time arrangements in the time and wages book, kept pursuant to the Regulations at each time this provision is used.

23.8 Rostered days off

23.8.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.

23.8.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

23.8.3 An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed by the employer, or subject to reasonable notice by the employee or the employer.

23.8.4 Subclause 23.8 is subject to the employer informing the union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

23.8.5 Once a decision has been taken to introduce an enterprise system of RDO flexibility, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to the Regulations.

23.8.6 An employer shall record RDO arrangements in the time and wages kept pursuant to the Regulations at each time this provision is used.

24. OVERTIME

24.1 An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

24.2 The rate of time and one half for the first three hours and double time thereafter shall be paid for all work done:

24.2.1 in excess of 38 hours per week; or

24.2.2 outside the times of beginning and ending work;

24.2.3 provided that on a day off, or a day or half day off which accrues under paragraphs 22.2.3, 22.2.4, 22.2.5 or 22.2.6 of this award the rate paid shall be double time and one half.

24.3 Time off in lieu of overtime

24.3.1 Time off in lieu of payment for overtime may be provided if an employee so elects and it is agreed by the employer.

24.3.2 Such time off in lieu must be taken at a mutually convenient time within four weeks of overtime being worked, or where agreed between the employer and the employee may be accumulated and taken as part of annual leave.

24.3.3 Time off in lieu must equate to the overtime rate, ie if the employee works one hour overtime and elects to take time off in lieu of payment the time off would equal one and a half hours, or where the rate of pay for overtime is double time, two hours.

24.3.4 Subclause 24.3 is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of time off in lieu of overtime flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

24.3.5 Once a decision has been taken to introduce an enterprise system of time off in lieu, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to the Regulations.

24.3.6 An employer shall record time off in lieu arrangements in the time and wages records kept pursuant to the Regulations at each time this provision is used.

25. TERMS OF EMPLOYMENT

25.1 General

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

25.1.1(a) full-time employees; or

25.1.1(b) regular part-time employees.

25.1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be full-time or regular part-time.

25.2 Full-time employees

A full-time employee is an employee who is engaged to work an average of 38 hours per week.

25.3 Regular part-time employees

An employer may employ regular part-time employees in any classification in this award.

25.3.1 A regular part-time employee is an employee who:

25.3.1(a) works less than full-time hours of 38 per week; and

25.3.1(b) has reasonably predictable hours of work.

25.3.2 At the time of first being employed, the employer and the regular part-time employee will agree, in writing, on a regular pattern of work, specifying at least:

25.3.2(a)(i) the hours worked each day;

25.3.2(a)(ii) which days of the week the employee will work;

25.3.2(a)(iii) the actual starting and finishing times of each day;

25.3.2(a)(iv) variation must be in writing;

25.3.2(a)(v) minimum daily employment is three hours;

25.3.2(a)(vi) all time worked in excess of agreed hours is paid at the overtime rate; and

25.3.2(a)(vii) the times of taking and the duration of meal breaks.

25.3.2(b) Any agreement to vary the regular pattern of work must be made in writing before the variation occurs.

25.3.2(c) The agreement and variation to it must be retained by the employer and a copy given by the employer to the employee.

25.3.2(d) An employer is required to roster a regular part-time employee for a minimum of three consecutive hours on any shift.

25.3.2(e) A regular employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

25.3.3 Rosters

25.3.3(a) A part-time employee's roster, but not the agreed number of hours, may be altered by the giving of notice in writing of fourteen days or in the case of an emergency 48 hours, by the employer to the employee.

25.3.3(b) Rosters shall not be changed from week to week, or fortnight to fortnight, nor shall they be changed to avoid any award entitlements.

25.3.3(c) No part-time employee may be employed on more than five days per week other than at the request in writing of the employee concerned.

25.3.4 Award entitlements

A part-time employee shall be entitled to payments in respect of annual leave, public holidays, sick leave and bereavement leave arising under this award on a proportionate basis calculated as follows:

25.3.4(a) Annual leave

The period of annual leave entitlements for part-time employees shall be identical to those of full-time employees and accrued in the same manner, in accordance with clause 27 - Annual holidays, of this award. Wages payable in respect of periods of paid leave shall be calculated pro rata in respect of the period to which the entitlement relates.

25.3.4(b) Public holidays

Where the rostered paid hours fall on a public holiday and work is not performed by the employee, such employee shall not lose pay for the day. Where the employee works on the holiday, such employee shall be paid in accordance with clause 26 - Public holidays.

25.3.4(c) Bereavement leave

A part-time employee is entitled to bereavement leave in accordance with clause 42.4 - Bereavement leave of this award.

25.3.4(d) Other award provisions

Subject to the provisions contained herein all other provisions of the award relevant to full-time employees shall apply to part-time employees.

25.3.5 Existing part-time employees

Where a person was employed as a part-time employee pursuant to the previous awards, the employer and the employee should confer and seek to reach agreement on the translation to the terms of this award. The employer must advise each employee that the employee may be represented in such conferences.

26. PUBLIC HOLIDAYS

26.1 No deduction shall be made from the wages of employees granted leave for the following holidays:

New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Labour Day, Anzac Day, Queen's Birthday, Christmas Day and Boxing Day or any other day substituted by Act of Parliament or Proclamation for any of the above mentioned holidays;

26.2 In addition to 26.1 above the following holidays shall apply also:

26.2.1 In the Northern Territory only - Darwin Show Day;

26.2.2 In Western Australia only - Foundation Day;

26.2.3 In Southern Tasmania only - Regatta Day;

26.2.4 In Northern Tasmania only - Launceston Show Day;

26.2.5 In Queensland only - People's Day (Exhibition);

26.2.6 In Victoria only - Melbourne Cup Day (or local equivalent);

26.2.7 In ACT only - first Monday in March.

26.3 Substitutions

26.3.1 When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December.

26.3.2 When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 28 December.

26.3.3 When New Year's Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday.

26.4 Additional days

Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in 26.1 and 26.2 above, those days shall constitute additional holidays for the purpose of this Award.

26.5 Where a store does not open for trade on a public holiday, and an employee would have been rostered to work on such a day, they shall be entitled to payment for the day based upon their ordinary time earnings for the hours normally rostered to work.

26.6 Where a store opens for trade on a public holiday, employees who would normally be rostered to work may request to work the day or part thereof and shall be paid the appropriate penalty for time so worked. Provided that when an employee chooses not to work they shall be paid in accordance with 26.5 above.

26.7 Where a store opens for trade on an actual public holiday which has had the substitution provision of subclause 26.2 applied, the following shall apply:

26.7.1 If an employee is ordinarily rostered to work on the actual public holiday and the substituted day, the employee shall elect which day is to be their public holiday and receive the standard public holiday benefits on that day. The other day shall then be a normal rostered day. (See Christmas Holiday loading.)

26.7.2 If an employee is rostered to work on the actual public holiday and not the substituted day, the employee shall receive the standard public holiday benefits on the actual day.

26.7.3 If an employee is rostered to work on the substituted day and not the actual public holiday, the employee shall receive the public holiday benefits on the substituted day.

26.8 Additional Christmas holiday loading

In the case of Christmas Day where substitution occurs, work on 25 December will attract an additional loading of half a normal day's wage for a full day's work in addition to the Saturday/Sunday rate and the employee will also be entitled to the benefits of the substituted public holiday.

26.9.1 A full-time employee, or part time employee working an average of five days per week, whose non-working day falls on a holiday, shall be paid by mutual agreement either:

26.9.1(a) payment of an additional day's wages;

26.9.1(b) addition of one day to the employee's annual holidays; or

26.9.1(c) another day may be allowed off with pay to the employee within 28 days after the holiday falls, or during the week prior to the holiday.

26.9.2 A part-time employee shall be entitled to the provisions of 26.9.1(a), 26.9.1(b) and 26.9.1(c) above where the employee works an alternating roster and the public holiday falls on a day on which the employee works in any week of their roster cycle.

26.9.3 For the purpose of this paragraph for full-time employees, "day" shall mean eight hours for an employee working 19 days in a four week cycle. In respect of part-time employees "day" shall mean the average number of hours rostered per day by the employee prior to the public holiday in the four week cycle.

26.9.4 Provided that an employee, who works only on a standard Monday to Friday roster, shall not receive compensation for Easter Saturday or Anzac Day when it occurs on a weekend.

26.10 Notwithstanding the provisions of sub-clause 26.1 and sub-clause 26.2 hereof, employees covered by this Part 2 of this Award shall observe the same public holidays as are observed by the majority of employees in the establishment in which they are employed.

26.11.1 An employer and his or her employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.

26.11.2 An agreement pursuant to 26.11.1 shall be recorded in writing and be available to every affected employee.

26.11.3 The union which is party to this award shall be informed of an agreement pursuant to 26.11.1.

26.11.4 The employer may apply to the Commission for approval of the agreement reached with his or her employees. Such an application must be made fourteen or more days before the prescribed holiday. After giving the employer and union an opportunity to be heard, the Commission will determine the application.

26.12 Any employee who fails to attend for work on the working day before and/or after a holiday without reasonable excuse shall not be entitled to be paid for such holiday.

26.13 Time off in lieu

26.13.1 Time off in lieu of payment of the penalty rate prescribed for work on a public holiday pursuant to this clause may be provided if an employee so elects and it is agreed by the employer.

26.13.2 Such time off in lieu must be taken at a mutually convenient time and within four weeks of the public holiday or, where agreed between the employee and the employer, may be accumulate and taken as part of annual leave.

26.13.3 Time off in lieu must equate to the penalty rate, i.e. if the employee works three hours on a public holiday and the additional penalty rate is time and a half and the employee elects to take time of in lieu of payment the time off would equal 4.5 hours.

26.14 All work performed on a holiday or a substituted day as provided for in the Clause shall be paid at the rate of double time and a half.

27. ANNUAL HOLIDAYS

27.1 Except as otherwise provided in this award every worker shall at the end of each year of her/his employment by an employer become entitled to an annual leave on ordinary pay. The quantum of annual leave each year shall be 152 hours for full-time employees and pro rata for part-time employees.

27.2.1 By agreement between the employee and the employer annual leave shall be given and taken in four consecutive weeks.

27.2.2 In the absence of such agreement the annual leave shall be given and taken in two separate periods one of which must be at least of three weeks duration.

27.2.3 Alternatively by agreement, but not otherwise, annual leave may be given and taken in two separate periods both of which are less than three weeks duration.

27.2.4 An employee may, with the consent of her/his employer take short-term annual leave, not exceeding four days in any calendar year, at a time or times separate from any of the periods determined in accordance with the above.

27.3 If the worker and the employer so agree the annual holiday or either of such separate periods may be taken wholly or partly in advance before the worker has become entitled to the annual holiday.

27.4.1 The annual holiday shall be given by the employer and shall be taken by the worker before the expiration of a period of six months after the date upon which the right to such holiday accrues.

27.4.2 Provided that by agreement between an employer and an employee annual leave may be taken at any time within a period of 12 months from the date at which it falls due. Provided that the giving and taking of the whole or any separate period of such annual holiday may, with the consent in writing of an authorised person of the relevant state authority be postponed for a period to be specified by her/him in any case where she/he is of opinion that circumstances render such postponement necessary or desirable.

27.5 Except as provided in the next succeeding clause payment shall not be made by an employer to a worker in lieu of any annual holiday or part thereof to which the worker is entitled under this award nor shall any such payment be accepted by the worker.

27.6 The employer shall give each worker at least one month's notice of the day from which her/his annual holiday shall be taken.

27.7 The employer shall pay each worker in advance before the commencement of the worker's annual holiday her/his ordinary pay for the holiday period.

27.8 Where the annual holiday or any part thereof has been taken before the right to the annual holiday has accrued the right to a further annual holiday shall not commence to accrue until after the expiration of the year of employment in respect of which the annual holiday or part has been so taken.

27.9 Where any trade or public holiday for which the worker is entitled to payment under any act, determination, award, or under her/his contract of employment occurs during any period of an annual holiday taken by a worker under this clause, the period of the holiday shall be increased by one day in respect of that trade or public holiday.

27.10 In respect of employees who work a 38-hour week in accordance with subclause 22.2.3, 22.2.4, 22.2.5 the four weeks of annual leave shall be inclusive of two half days off or one full day off which accrue under clause 22.

27.11 Where the employment of a worker who has become entitled to one or more annual holidays provided by this award is terminated, the employer shall be deemed to have given the holiday or holidays (except so much, if any, as has already been taken) to the worker as from the date of the termination of the employment and shall forthwith pay to the worker, in addition to all other amounts due to the worker, the worker's ordinary pay for the period of the holiday or holidays.

27.12 Subclause 27.11 hereof applies to and in respect of an annual holiday (except so much, if any, as has already been taken) whether or not the worker concerned continues to be entitled (apart from this clause) to take it, and so applies as if the worker's right to take it had accrued immediately before the date of the termination of the worker's employment.

27.13 Nothing in subclauses 27.11 or 27.12 hereof affects the obligation of an employer to give, or a worker to take, annual holidays in accordance with this award.

27.14 This subclause applies with respect to every period of employment of a worker by any employer which is less than one year, such period being computed from the date of the commencement of the employment or (where the worker has during the employment become entitled to any annual holiday or holidays under the last preceding paragraph) computed from the date upon which she/he became entitled to that annual holiday, or to the last annual holiday as the case may be.

Where the employment of any worker by any employer is terminated at the end of a period of employment to which this subclause applies the employer shall forthwith pay to the worker, in addition to all other amounts due to her/him, an amount equal to 4/48ths of her/his ordinary pay for that period of employment.

27.15 Where the annual holiday under the last preceding paragraph or any part thereof has been taken in advance by a worker pursuant to subclause 27.3 hereof and:

27.15.1 employment of the worker is terminated before she/he has completed the year of employment in respect of which such annual holiday or part was taken; and

27.15.2 the sum paid by the employer to the worker as ordinary pay for the annual holiday or part so taken in advance exceeds the sum which the employer is required to pay to the worker under subclause 27.14 hereof:

the employer shall not be liable to make any payment to the worker under subclause 27.14 hereof and shall be entitled to deduct the amount of such excess from any remuneration payable to the worker upon the termination of the employment.

27.16.1 Where an employer intends temporarily to close (or reduce to nucleus) her/his establishment or a section thereof for the purpose (inter alia) of allowing annual leave to the workers concerned or a majority of them she/he may give in writing to such workers one month's notice (or in the case of any worker engaged after giving of such notice, notice on the date of the worker's engagement) that she/he elects to apply the provisions of this subclause; and thereupon:

27.16.1(a) Any such worker who at the date of closing is entitled to her/his annual holiday shall be given her/his annual holiday commencing as on and from the date of closing and, in addition, shall be paid 4/48ths of her/his ordinary pay for any period of employment after the accrual of her/his right to the annual holiday and upto but excluding the date of closing.

27.16.1(b) Any such worker who at the date of closing is not entitled to her/his annual holiday shall be given leave without pay as on and from the date of closing and shall be paid 4/48ths of her/his ordinary pay for the period of her/his employment since the commencement thereof or the accrual of her/his last annual holiday (whichever is the later) and upto but excluding the date of closing, together with pay for any trade or public holiday during such leave for which she/he is entitled to payment under any act, determination, award or under her/his contract of employment; and

27.16.1(c) the next 12 months qualifying period of employment for every such worker shall commence as on and from the date of closing.

27.16.2 Where the majority of employees concerned agree, an employer may close down the plant, work section or sections in one, two or three separate period for the purpose of granting annual leave in accordance with this subclause. Provided that if an employer closes down the plant on more than one occasion, one of those periods shall be for a period of at least 14 consecutive days including non-working days. In such cases, the employer shall advise the employees concerned of the proposed dates of each close down before asking them for their agreement.

27.16.3 By agreement with the majority of employees concerned, an employer may close down the plant for a period of at least 14 consecutive days including non-working days and grant the balance of the annual leave due to an employee by mutual agreement.

27.16.4 In this subclause date of closing in relation to each worker means the first day of her/his annual holiday or leave pursuant to this subclause.

27.17 For the purposes of the last two preceding clauses:

27.17.1 Ordinary pay in relation to any worker means remuneration for the worker's normal weekly number of hours of work calculated at the ordinary time rate of pay.

27.17.2 Week in relation to any worker means the worker's ordinary working week.

27.17.3 Worker means any person employed by any employer to do any work for hire or reward and includes an apprentice and any other person whose contract of employment requires her/him to learn or to be taught any occupation.

27.18 For the purposes of the definition of the term ordinary in subclause 27.17 hereof:

27.18.1 where no ordinary time rate of pay is fixed for a worker's work under the terms of her/his employment the ordinary time rate of pay shall be deemed to be the average weekly rate earned by her/him during the period in respect of which the right to the annual holiday accrues;

27.18.2 where no normal weekly number of hours is fixed for a worker under the terms of her/his employment, the normal weekly number of hours of work shall be deemed to be the average weekly number of hours worked by her/his during the period in respect of which the right to the annual holiday accrues.

27.19 For the purposes of this award a year of employment shall be deemed to be unbroken notwithstanding:

27.19.1 any annual leave or long service leave taken therein;

27.19.2 any interruption or ending of the employment by the employer is such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave;

27.19.3 any absence from work of not more than 14 days in the year of employment on account of sickness or accident;

27.19.4 any absence on account of leave (other than annual leave or long service leave) granted, imposed or agreed to by the employer);

27.19.5 any absence on any other account not involving termination of employment:

27.19.5(a) and in calculating a year of employment any absence of a kind mentioned in paragraphs 27.19.1, 27.19.2 or 27.19.3 hereof shall be counted as part of the year of employment but in respect of absences of a kind mentioned in paragraphs 27.19.4 and 27.19.5 hereof it will be necessary for the worker as part of her/his qualifications for annual leave to serve such additional period as equals the period of such absences.

27.19.6 During a period of annual leave an employee shall receive a loading of 17-1/2% on the rate of wage prescribed in clause 16 of this award. The loading prescribed in this clause shall not apply to proportionate leave on termination.

27.20 Alternative annual leave arrangements

27.20.1 Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of single day annual leave absences, provided that:

27.20.1(a) An employee may elect, with the consent of the employer, to take annual leave in single day periods or part of a single day not exceeding a total of five days in any calendar year at a time or times agreed between them.

27.20.1(b) Access to annual leave, as prescribed in subclause 27.20.1 above, shall be exclusive of any shutdown period provided for elsewhere under this award.

27.20.1(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least 5 consecutive annual leave days are taken.

27.20.1(d) Subclause 27.20 is subject to the employer informing the union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of annual leave flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

27.20.1(e) Once a decision has been taken to introduce an enterprise system of single day annual leave, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to the Regulations.

27.30.1(f) An employer shall record these short term annual leave arrangements in the time and wages records kept pursuant to the Regulations.

28. MEAL BREAKS

28.1 No employee shall be required to work continuously for more than five hours without a break for a meal of not less than 45 minutes and where applicable, those employees entitled to a second meal break, not more than 45 minutes between 4.30 p.m. and 7 p.m.

28.2 Provided that the 45 minutes break may if there is agreement between the employee and the employer be reduced to 30 minutes.

29. REST PAUSES

Employees shall be entitled to a rest pause in the employer's time of 15 minutes duration during the morning and the afternoon respectively. Such rest pauses shall be taken at such times as will not interfere with the continuity of work where continuity is necessary.

30. PAYMENT OF WAGES

Wages may be paid in cash or with written agreement by cheque or by direct bank lodgement. Where payment is to be made by cheque the employer shall ensure that the employee is able to cash such cheque on the day on which payment is made.

30.1 Wages shall be paid as follows:

Employee who works 38-hour week in accordance with paragraphs 22.2.1, 22.2.2 or 22.2.3 of this award.

30.1.1(a) In the case of an employee who works the 38-hour week in accordance with paragraphs 22.2.1, 22.2.2 or 22.2.3 of this award, wages shall be paid weekly or fortnightly according to the actual hours worked each week or fortnight or may be averaged over a period of a fortnight.

30.1.1(b) Employee who works 38-hour week in accordance with paragraphs 22.2.4, 22.2.5 or 22.2.6 of this award.

30.1.2 In the case of an employee whose ordinary hours of work are arranged in accordance with paragraphs 22.2.4, 22.2.5 or 22.2.6 of this award, so that she/he works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly or fortnightly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.

30.1.3 Part-time employee

In the case of a part-time employee, wages shall be paid weekly or fortnightly according to the actual hours worked each week or fortnight.

30.2 All wages due shall be paid not later than Thursday in each pay period and must be paid during working hours. When Friday is a holiday, wages shall be paid not later than Wednesday in that week.

30.3 Each employee shall be supplied on or before pay day with a statement in writing showing, or from which may be calculated, the amount of ordinary pay, overtime, penalty rates and allowances and the amount of deductions for any purposes in respect of the amount paid.

30.4.1 Where a shop or establishment intends to change from weekly pays to fortnightly pays without one week's pay in advance the following procedure shall apply in respect of existing employees.

30.4.2 The first fortnightly pay shall include one week's pay in advance. The one week's pay in advance shall be phased out at a rate which the individual employee elects over a maximum period of five months. Provided that an existing employee may elect to change to a fortnightly pay immediately without one week in advance.

31. CLOTHING AND ACCESSORIES

Where the employer requires clothing or accessories additional to the employee's personal wardrobe to be worn, the employer must reimburse the employee for the cost of obtaining such additional clothing or accessories. Provided that no payment is required to be made where such clothing and accessories are provided by the employer. Items provided by the employer remain the property of the employer.

32. ACCIDENT PAY

An employee shall be entitled to accident make-up pay in accordance with this clause.

32.1 Operation

This clause shall apply in respect of any incapacity resulting from injury.

32.2 Definition

The words hereunder shall bear the respective definitions set out herein:

32.2.1 Accident pay

32.2.1(a) Total incapacity: In the case of an employee who is or deemed to be totally incapacitated within the meaning of the relevant State Act (hereinafter referred to as the Act) and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State Act for the week in question and the total 38-hour weekly rate and weekly overaward payments for a day worker which would have been payable under this award for the employee's normal classification of work for the week in question if she/he had been performing her/his normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, overtime payments or other similar payments.

32.2.1(b)(i) Partial incapacity: In the case of an employee who is or is deemed to be partially incapacitated within the meaning of the relevant State Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State Act for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant state authority or as agreed between the parties) and the total 38-hour weekly rate and weekly overaward payment for a day worker which would have been payable under this award for the employee's normal classification of work for the week in question if she/he had been performing her/his normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, overtime payments or other similar payments.

32.2.1(b)(ii) The total 38-hour weekly award rate and weekly overaward payments abovementioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment under this section and subsequently such payment is reduced pursuant to the relevant State Act, such reduction will not increase the liability of the employer to increase the amount of accident pay in respect of that injury.

32.2.1(c) For purposes of the calculation of the total 38-hour weekly award rate and weekly overaward payment in paragraphs 32.2.1(a) and 32.2.1(b) hereof, payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by results, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly overaward payment production incentive, bonus payments will be taken into account and the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of Clause 36.

32.2.1(d) Payment for part of a week - Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount shall be a direct pro rata.

32.2.2 Injury

Injury shall be given the same meaning and application as applying under the relevant State Act, and no injury shall result in the application of accident pay unless an entitlement exists under the relevant State Act.

32.3 Qualifications for payment

Always subject to the terms of this clause, an employee covered by this award shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the relevant State Act be paid accident pay by her/his employer who is liable to pay compensation under the Act, which said liability by the employer for accident pay may be discharged by another person on her/his behalf, provided that:

32.3.1(a) Accident pay shall only be payable to an employee whilst such employee remains in the employment of the employer by whom she/he was employed at the time of the incapacity and then only for such period as she/he receives a weekly payment under the Act. Provided that if an employee on partial incapacity cannot obtain suitable employment from her/his employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable.

32.3.1(b) Provided further that in the case of the termination by an employer of an employee who is incapacitated and who except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in the cases where:

32.3.1(b)(i) termination is due to serious and/or wilful misconduct on the part of the employee; or

32.3.1(b)(ii) arises from a declaration of liquidation of the company in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine.

32.3.1(c) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to her/his employer of the continuing payment of weekly workers' compensation payments.

32.3.2(a) Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 32.3.4 hereof and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks.

32.3.2(b) Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State Act) such injuries or diseases shall not be subject to accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month.

32.3.3 Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.

32.3.4 An employee on engagement may be required to declare all workers' compensation claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit her/his entitlement to accident pay under this clause.

32.4 Maximum period of payment

The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 39 weeks for any one injury as defined in subclause 32.2.2 hereof.

32.5 Absences on other paid leave

An employee shall not be entitled to payment of accident pay in respect of any period of other paid leave of absence.

32.6 Notice of Injury

An employee upon receiving an injury for which she/he claims to be entitled to receive accident pay shall give notice in writing of the said injury to her/his employer as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.

32.7 Medical examination

32.7.1 In order to receive entitlement to accident pay an employee shall conform to the requirements of the Act as to medical examination.

32.7.2 Where in accordance with the Act a medical referee gives a certificate as to the condition of the employee and her/his fitness for work or specifies work for which the employee is fit and such work is made available by the employer and refused by the employee or the employee fails to commence the work, accident pay shall cease from the date of such refusal or failure to commence the work.

32.8 Redemption of weekly payments

Where there is a redemption of weekly compensation payments under the relevant State Act the employer's liability to pay accident pay shall cease as from the date of such redemption.

32.9 Civil damages claims

32.9.1 An employee receiving or who has received accident pay shall advise her/his employer of any action she/he may institute or any claim she/he makes for damages. Further the employee shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgement or settlement on that injury.

32.9.2 Where an employee obtains judgement or settlement for damages in respect of an injury for which she/he has received accident pay the employer's liability to pay accident pay shall cease from the date of such judgement or settlement; provided that if the judgement or settlement for damages is not reduced either in whole or in part by the amount of accident pay made by the employer the employee shall pay to her/his employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced.

32.9.3 Where an employee obtains a judgement or settlement for damages against a person other than the employer in respect of an injury for which she/he has received accident pay the employer's liability to pay accident pay shall cease from the date of such judgement or settlement, provided that if the judgement or settlement for damages is not reduced either in whole or in part by the amount of accident pay made by the employer the employee shall pay to her/his employer any amount of accident pay already received in respect of that injury by which the judgement or settlement has not been so reduced.

32.10 Insurance against liability

Nothing in this award shall require an employer to insure against her/his liability for accident pay.

32.11 Variations in compensation rates

Any changes in compensation rates under the relevant State Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.

32.12 Death of employee

All rights to accident pay shall cease on the death of an employee.

33. PARENTAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees.

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

33.1 Definitions

33.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

33.1.2 Subject to 33.1.3, in this clause, spouse includes a de facto or former spouse.

33.1.3 In relation to 33.5, spouse includes a de facto spouse but does not include a former spouse.

33.2 Basic entitlement

33.2.1 After twelve months' continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

33.2.2 Subject to 33.3.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

33.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

33.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

33.3 Maternity leave

33.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

33.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;

33.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks.

33.3.2 When the employee gives notice under 33.3.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

33.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

33.3.4 Subject to 33.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

33.3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

33.3.6 Special maternity leave

33.3.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

33.3.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

33.3.6(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

33.3.7 Where leave is granted under 33.3.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

33.4 Paternity leave

33.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

33.4.1(a) that a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected dated of confinement, or states the date on which the birth took place; and

33.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

33.4.1(c) a statutory declaration stating:

33.4.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

33.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

33.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

33.4.2 The employee will not be in breach of 33.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

33.5 Adoption leave

33.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

33.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

33.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

33.5.2(b) particulars of any period of adoption leave sought or taken by the employee's spouse; and

33.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

33.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

33.5.4 Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.

33.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

33.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

33.6 Variation of period of parental leave

Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

33.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks.

33.8 Transfer to a safe job

33.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

33.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

33.9 Returning to work after a period of parental leave

33.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

33.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 33.8, the employee will be entitled to return to the position they held immediately before such transfer.

33.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

33.10 Replacement employees

33.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

33.10.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

PART 3 - ALL EMPLOYEES

34. ENTERPRISE FLEXIBILITY

34.1 Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs, the following process shall apply:

34.1.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

34.1.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them.

34.1.3 Where agreement is reached an application shall be made to the Commission.

34.1.4 At the Commission hearing, on the application to vary the award, the Union is entitled to be heard if it has a member or members whose employment would be regulated by the variation.

35. FACILIATIVE PROVISIONS

35.1 Agreement to vary award provisions

35.1.1 This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it.

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

35.1.3 Facilitative provisions may provide for agreement to be made by individual employees or by the majority of employees.

35.2 Procedure to reach agreement

35.2.1 Where an award clause contains a facilitative provision and the employer proposes to reach agreement with either an individual employee or a majority of employees about how a specific award provision is to apply the employer must give written notice to the employee/s. The notice must contain:

35.2.1.(a) A summary of the existing award entitlement.

35.2.1.(b) The proposed agreement being sought.

35.2.1(c) A statement that the employee is entitled to be represented by the Union or by any other person in negotiating with the employer over the proposed agreement.

35.2.1(d) A statement that the employee is not required to agree to the proposed agreement, and that if the employee does agree to the proposed agreement their agreement must be freely given and genuine.

35.3 Records and copies of agreement

The agreement reached must be recorded in the time and wage record kept by the employer in accordance with Division 1 of Part A of the Workplace Relations Regulations and a copy of the agreement must be given to each employee affected by the agreement.

35.4 Binding effect of agreement

35.4.1 Individual agreement

Where no agreement has been sought by the employer with the majority of employees in accordance with a particular facilitative provision, the employer may seek to reach agreement with individual employees provided it complies with 35.2, 35.3, 35.5.2 and 35.5.3 and provided that 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.

35.4.2 Majority agreement

Where agreement has been reached with the majority of employees in the workplace, or a section or sections of it, to implement a facilitative provision, that agreement shall be binding on all such employees, provided the requirements of 35.2, 35.3 and 35.5 have been met.

35.5 Implementation of agreements

35.5.1 Where agreement has been reached with the majority of employees in the workplace or a section or sections of it to implement a facilitative provision, the employer may not implement that agreements unless:

35.5.1(a) it complies with 35.2, 35.3 and 35.5.3; and

35.5.1(b) agreement has been reached with each individual employee to be covered by the facilitative provision.

35.5.2 If an employee is a member of a union bound by the award, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions.

35.5.3 The union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.

35.5.4 This additional safeguard requires that the union where it has members employed at an enterprise covered by the award shall be informed by the employer of the intention to use the facilitative provision and shall be given a reasonable opportunity to participate in the negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

35.6 Majority vote at the initiation of the employer

A vote of employees in the workplace, or a section or sections of it, taken in accordance with 35.4, to determine if there is majority employee support for implementation of a facilitative provision, will be of no effect, unless taken with the agreement of the employer.

35.7 Dispute over facilitation

In the event that a dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with the dispute resolution procedure in clause 36.

36. DISPUTE AVOIDANCE AND SETTLING PROCEDURE

In the event of a grievance/dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:

36.1 Consultation shall take place within the particular establishment concerned.

36.2 If the problem is unable to be resolved at that level, it may be referred to a union representative or other employee nominated representative, and to the relevant employer body at which level the issue shall be dealt with without delay.

36.3 If the problem remains unresolved, the matter may be referred by either party to the Australian Industrial Relations Commission for resolution.

36.4 While the parties attempt to resolve the matter work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety or about any continuing discrimination or harassment.

37. TERMINATION OF EMPLOYMENT

37.1 Notice of termination by employer

37.1.1 In order to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of continuous service	Period of notice
Less than 1 year	1 week
1 year but less than 3 years	2 weeks
3 years but less than 5 years	3 weeks
5 years and over	4 weeks

37.1.2 In addition to the notice in paragraph 37.1.1 hereof, employees over 45 years of age at the time of the giving of the notice with not less than two years of continuous service, shall be entitled to an additional week's notice.

37.1.3 Payment in lieu of the notice prescribed in paragraph 37.1.1 and/or 37.1.2 hereof shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified in part payment in lieu thereof.

37.1.4 In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time she/he would have worked during the period of notice had her/his employment not been terminated shall be used.

37.1.5 The period of notice in this clause shall not apply in the case of dismissal for misconduct or in the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks.

37.1.6 For the purpose of this clause, continuity of service shall be calculated in the manner prescribed by subclause 27.19 of this award.

37.2 Notice of termination by employee

37.2.1 The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned.

37.2.2 Provided that where an employee and employer agree, the employee may be released prior to the expiry of the notice period with payment of wages to the date of termination only.

37.3 Time off work during period of notice

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

38. REDUNDANCY

38.1 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour.

38.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in 38.1 the employee shall be entitled to the same period of notice of transfer as he/she would have been entitled to if his/her employment had been terminated, and the employer may at the employer's option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

38.3 Transmission of business

38.3.1 Where a business is before, on or after the date of this award, transmitted from an employer (in 38.3.1(b) called the transmitter) to another employer (in 38.3.1(b) called the transmitte) and an employee who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee:

38.3.1(a) the continuity of the employment of the employee shall be deemed not to have been broken by reasons of such transmission; and

38.3.1(b) the period of employment which the employee has had with the transmitter or any prior transmitter shall be deemed to be service of the employee with the transmittee.

38.3.2 In this clause business include trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

38.4 Time off work during notice period

38.4.1 During the period of notice of termination given by the employer an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

38.4.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he/she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

38.5 Severance pay

38.5.1 In addition to the period of notice prescribed for ordinary termination in clause 37 - Termination of employment, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in 38.1 shall be entitled to the following amount of severance pay in respect of a continuous period of service:

Period of continuous service	Severance pay
Less than 1 year	nil
1 year but less than 2 years	4 weeks' pay
2 years but less than 3 years	6 weeks' pay
3 years but less than 4 years	7 weeks' pay
4 years and over	8 weeks' pay

38.5.1(a) Weeks' pay means the ordinary time rate of pay for the employee concerned.

38.5.2 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

38.5.3 For the purpose of this clause, continuity of service shall be calculated in the manner prescribed by 27.19 of this award.

38.6 Employee leaving during notice period

An employee whose employment is terminated for reasons set out in 38.1 may terminate his/her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had he/she remained with the employer until the expiry of such notice. Provided that in such circumstance the employee shall not be entitled to payment in lieu of notice.

38.7 Incapacity to pay

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay.

38.8 Alternative employment

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

38.9 Employees exempted

This clause shall not apply where employment is terminated as a consequence of misconduct, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.

38.10 Superannuation benefits

38.10.1 Subject to further order of the Commission, where an employee who is terminated receives a benefit from a superannuation scheme, he/she shall only receive under 38.5 the difference between the severance pay specified in that subclause and the amount of the superannuation benefit he/she receives which is attributable to employer contributions only.

38.10.2 If this superannuation benefit is greater than the amount due under 38.5 then he/she shall receive no payment under that clause.

38.11 Employers exempted

Subject to an order of the Commission, in a particular redundancy case, this clause shall not apply to employers who employ less than fifteen employees.

39. SUPERANNUATION

39.1 Preamble

39.1.1 Superannuation legislation

39.1.1(a) The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

39.1.1(b) Notwithstanding paragraph (a) hereof, the following provisions shall also apply.

39.2 Contributions

39.2.1(a) A respondent employer shall make such superannuation contributions for each eligible employee as required to comply with the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 as amended from time to time.

39.2.1(b) Notwithstanding the above, a respondent employer shall contribute not less than 3% of the eligible employee's ordinary salary into the fund of the employee's choice, as defined by paragraph 39.3.2 hereof.

39.2.2 The amount of contributions to the Fund shall be calculated to the nearest 10 cents, any fraction below five cents shall be disregarded.

39.2.3 Payment shall be made on a four weekly basis and cover pay periods completed in that time.

39.3 Definitions

39.3.1 Ordinary Salary: For the purpose of this clause, `ordinary salary' refers to:

39.3.1(a) An employee's usual earnings, including any other penalties where such penalties are part of the employee's normal earnings, excluding overtime, travel, meals, or annual leave loading.

39.3.1(b) Where an employee is engaged on a casual or part time basis, the salary as negotiated for the engagement including the casual or part time loading provided for under this award, but excluding any allowances such as travel, meals or annual leave loading.

39.3.1(c) In the event of an all-up salary being negotiated, the negotiated salary, excluding any component in lieu of travel, meals or annual leave loading that may otherwise have been payable pursuant to this award.

39.3.1(d) Superannuation contributions remain payable pursuant to this clause, notwithstanding that an employee is absent from work on approved sick leave, annual leave, long service leave, or other approved paid award leave.

39.3.2 Fund: For the purposes of this clause, the following are approved superannuation funds:

REST	Retail Employees Superannuation Trust
ARF	Australian Retirement Fund
TASPLAN	(in Tasmania only)
ASSENT	(in Northern Territory only)
SUNSUPER	(in Queensland only)

39.4 Employers to become a party to the fund

39.4.1 A respondent employer shall make application to the Fund to become a participating employer in the Fund and shall become a participating employer upon acceptance by the Trustee of the Fund.

39.4.2 A respondent employer shall provide each employee who is not a member of the fund with a membership application form upon commencement of this clause and thereafter upon commencement of employment.

39.4.3 Each employee shall be required to complete the membership application and the employer shall forward the completed application to the Fund by the end of the calendar month of commencement of this clause or commencement of employment.

39.5 Eligibility

39.5.1 The employer shall make contributions in accordance with this clause in respect of:

39.5.1(a) full-time employees upon commencement of employment;

39.5.1(b) part-time employees who meet the eligibility test prescribed in the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 (as amended from time to time);

39.5.1(c)(i) adult casual employees who have accumulated 26 weeks in which they have commenced employment on at least one day in the week within a period of two years.

39.5.1(c)(ii) Employees who become eligible to join the fund shall under paragraph 39.5.1(c)(i) hereof, in addition to contributions under subclause 39.2 hereof shall be entitled to a once only contribution by the employer to the fund in respect of the 26 week qualifying period. Such contribution shall be equivalent to contributions under subclause 39.2 hereof.

39.5.1(c)(iii) Each employee shall be eligible to receive contributions from the date of eligibility, notwithstanding the date the membership application prescribed in paragraph 39.4.3 hereof was forwarded to the Fund.

39.6 Employee contributions

39.6.1 An employee may make contributions to the Fund in addition to those made by the respondent employer under subclause 39.2 hereof.

39.6.2 An employee who wishes to make additional contributions must authorise the respondent employer in writing to pay into the Fund, from the employee's wages, amounts specified by the employee in accordance with the Fund Trust Deed and Rules.

39.6.3 An employer who receives written authorisation from the employee, must commence making payments into the Fund on behalf of the employee within 14 days of receiving the authorisation. The employer must forward all authorised deductions to the Fund. Forwarding of the subsequent deductions will be on a four weekly basis and cover pay periods completed in that time.

39.6.4 An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of receiving the authorisation.

39.6.5 Additional employee contributions to the Fund requested under this subclause shall be expressed in whole dollars.

39.7 Employer to continue participation

An employer who participates in the fund shall not cease participation in the fund whilst employing any eligible employee.

39.8 Employer's contribution during leave without pay

Where an employee is absent on leave without pay, whether or not such leave is approved, no contribution from the employer shall be due in respect of that employee during and in respect of the period of unpaid absence.

39.9 Accident pay

Contributions shall continue to be paid in accordance with this clause during any period in respect of which an employee is entitled to receive Accident Pay in accordance with clause 32 of this award.

39.10 Cessation of contributions

The obligation of the employer to contribute to the Fund in respect of an employee shall cease on the last day of such employee's employment with the employer.

39.11 Existing superannuation arrangements

No employee shall be excluded from this clause on the basis of existing voluntary superannuation arrangements.

40. RANGE OF DUTIES

Employees within each classification may perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.

41. TRANSPORT OF EMPLOYEES

41.1 Where an employee is required to commence and/or cease work after 10.00 p.m. on any day or prior to 7.00 a.m. on any day and the employee's regular means of transport is not available and the employee is unable to arrange her/his own alternative transport, the employer shall reimburse the employee for the cost of providing transport to the employees usual place of residence. Provided that no payment need be made where the employer provides or arranges proper transportation to and/or from the employee's usual place of residence. Such transport shall be provided at no cost to the employee.

41.2 Provided always that an employee may elect to provide her/his own transport.

42. PERSONAL/CARER' LEAVE

42.1 Amount of paid personal/carer's leave

42.1.1 A weekly employee after one month's continuous employment is entitled to the following amount of personal/carer's leave:

42.1.1(a) Up to 76.8 hours and 2 days in the first year of service.

42.1.1(b) 80 hours and 2 days in the second and subsequent years of service.

42.2 Immediate family or household

The entitlement to use bereavement leave/compassionate leave and carer's leave in accordance with this clause is subject to:

42.2.1 the person being either:

42.2.1(a) a member of the employee's immediate family; or

42.2.1(b) a member of the employee's household.

42.2.2 the term `immediate family' includes:

42.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse, in relation to a person, means a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; and

42.2.2(b) child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

42.3 Personal sick leave

42.3.1 Any employee who, having had at least three months' service with the same employer, is absent from duty as a result of personal ill health or accident shall be entitled to sick leave as follows:

42.3.1(a) During the first year - 6 hours 40 minutes ordinary pay for each complete month of service.

42.3.1(b)(i) During any subsequent year of service - 80 hours ordinary pay.

42.3.1(b)(ii) Provided that in either case such employee produces or forwards within 48 hours of the commencement of such absence evidence satisfactory to the employer that her non-attendance was due to personal ill-health or accident necessitating such absence.

42.3.1(b)(iii) Further provided that as far as practicable an employee shall notify his/her employer of her/his inability to attend for duty as close as possible to the commencement time of such duty.

42.3.2 Leave taken by an employee under subclause 42.3.1 is deducted from the amount of personal/carer's leave under subclause 42.1.

42.3.3 An employee is entitled to use accumulated sick leave for personal illness or injury if the employee has already used:

42.3.3(a) the current year's sick leave component of the personal/carer's leave entitlement as personal sick leave; or

42.3.3(b) the current year's aggregated personal/carer's leave entitlement.

42.3.4 Sick leave entitlements which are un-taken at the completion of the year shall accumulate on the following scale:

The balance of personal/carer's leave provided that such remaining leave does not exceed the quantum of sick leave specified below less any personal sick leave or carer's leave taken by the employee during the year:

42.3.4(a) During the first year of employment: 76.8 hours (with this accruing at 6 hours and 40 minutes per completed month of service).

42.3.4(b) 80 hours in the second and subsequent years of service.

42.3.4(b)(i) Where an employer terminates the services of an employee during the currency of any period of sick leave with the object of avoiding the employers obligations under this clause, the employer must, notwithstanding such termination, pay to the employee a payment or payments equal to the entitlement the employee would have had to paid sick leave if such termination of services had not occurred.

42.3.4(b)(ii) The hours of accumulated sick leave standing to the credit of each full time employee as at 1 January 1988, shall be consequently reduced by the reduction of the 38 hour week, according to the following formula - hours of sick leave accumulated multiplied by 38 and divided by 40.

42.3.5 Other employees who are regularly employed under the terms of Clause 25.3 hereof shall be entitled to a proportionate payment if absent on account of personal ill health or accident as follows:

42.3.5(a) During the first year - 3 hours, 10 minutes pay for each 152 hours of service with the employer.

42.3.5(b) During any subsequent years - 5 hours 4 minutes for each 152 hours of service with the employer.

42.3.6 For the purposes of this clause `employer' means an employer or a successor or successors of such employer.

42.4 Bereavement leave

42.4.1 An employee shall be entitled on notice to leave without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary days work in any one year, if a member of the employee's family or household dies in Australia.

42.4.2 This shall include up to and including the day of the funeral.

42.4.3 Each day or part day used under subclause 42.4.1 is deducted from the amount of personal/carer's leave under subclause 42.1.

42.4.4 An employee is entitled to use accumulated sick leave as bereavement leave up to 2 days in any one year on each occasion when a member of the employee's immediate family or household in Australia dies and the employee has already used the current year's personal/carer's leave entitlement under subclause 42.1.

42.4.5 An employee is entitled to use unpaid leave up to 2 days in any one year when a member of the employee's immediate family or household in Australia dies if the employee has already used the current year's personal/carer's leave entitlement under subclause 42.1 and no accumulated sick leave is available.

42.4.6 Proof of such death shall be furnished by the employee to the satisfaction of the employer.

42.4.7 Provided however that this clause shall have no operation while the period of entitlement to leave coincides with any other period of entitlement to leave.

42.4.8 The provisions of this clause shall apply in respect of the death of a grandmother, grandfather or grandchild provided the payment in respect thereof shall be limited to one day.

42.5 Carer's leave

42.5.1 An employee with responsibilities in relation to either members of their immediate family or household who need their care and support is entitled to use up to 5 days per annum of their personal/carer's leave entitlement to provide care and support for such persons when they are ill. Leave may be taken for part of a single day.

42.5.2 The entitlement to use personal/carer's leave is subject to the employee being responsible for the care of the person concerned.

42.5.3 The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another.

42.5.4 In normal circumstances an employee must not take carer's leave under this clause where another person has taken leave to care for the same person.

42.5.5 The employee must, where practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee (where applicable), the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of absence.

42.5.6 Each day or part of a day of carer's leave taken in accordance with subclause 42.5.1 is to be deducted from the quantum of personal/ carer's leave provided in subclause 42.1 of this clause up to a maximum of 5 days per annum.

42.5.7 An employee is entitled to use accumulated sick leave as paid carer's leave if the employee has used the current year's personal/ carer's leave entitlement. An exception to this is where an employee has already taken 5 days carer's leave in the current year.

42.6 Unpaid carer's leave

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family or household member who is ill.

42.7 Grievance procedure

The dispute settlement clause of the award applies to a dispute about the effect or operation of this clause.

43. TRAINEESHIPS

A party to this award shall comply with the terms of the National Training Wage Award 2000, as varied, as though bound by clause 3 of that award.

44. SUPPORTED WAGE

44.1 Workers eligible for a supported wage

This clause 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. In the context of the schedule, the following definitions will apply:

44.1.1 Supported Wage System means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in [Supported Wage System: Guidelines and Assessment Process].

44.1.2 Accredited Assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

44.1.3 Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

44.1.4 Assessment instrument means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

44.2 Eligibility criteria

44.2.1 Employees covered by this clause 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.

44.2.2 The clause 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 current employment.

44.2.3 The award does not apply to employers in respect of their facility, programme, undertaking service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Act, or if a part only has received recognition, that part.

44.3 Supported wage rates

44.3.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing, according to the following schedule:

Assessed Capacity	% of Prescribed Award Rate
10%	10%
20%	20%
30%	30%
40%	40%
50%	50%
60%	60%
70%	70%
80%	80%
90%	90%

(Provided that the minimum amount payable shall be not less than $53.00 per week.)

44.3.2 Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.

44.4 Assessment of capacity

For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

44.4.1 the employer and a union party to the award, in consultation with the employee or, if desired by any of these;

44.4.2 the employer and an accredited Assessor from a panel agreed by the parties to the award and the employee.

44.5 Lodgment of assessment instrument

44.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Industrial Relations Commission.

44.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.

44.6 Review of assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

44.7 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.

44.8 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule shall 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 the job duties, working time arrangements and work organisation in consultation with other workers in the area.

44.9 Trial period

44.9.1 In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provision of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

44.9.2 During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

44.9.3 The minimum amount payable to the employee during the trial period shall be no less than $.58.50 per week.

44.9.4 Work trials should include induction or training as appropriate to the job being trialed.

44.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause 53.4, Assessment of Capacity.

45. ANTI-DISCRIMINATION

45.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

45.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

45.3 Nothing in this clause is taken to affect:

45.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

45.3.2 junior rates of pay;

45.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

45.3.4 the exemptions in s.170CK(3) and (4) of the Act.

46. DATE OF OPERATION AND DURATION

This award shall come into effect as from the first pay period to commence on or after 25 June 2001 and shall continue in force for a period of twelve months.

B. This order shall come into force on 25 June 2001 and shall remain in force for a period of 12 months.

BY THE COMMISSION:

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J>

SCHEDULE A - SCHEDULE OF RESPONDENTS TO THE AWARD

A Model's Photographer, 1 Provost Street, North Melbourne 3051

Andrew Campbell Photographer, 15 Doggett Street, Newstead 4006

Ashley de Prazer Photographics, 18 Kerr Street, Leederville 6007

Associated Model Agencies Pty Ltd, 69 Campbell Road, Hawthorn East 3123

Australian Industry Group, 20 Queens Road, Melbourne 3000

Australian Starmakers Agency Academy (ASA), 21 Britannia Court, Anula 0812

Avant-Garde Modelling Agency, 12 Forbes Street, Devonport, 7310

Bambini Kids Casting, 15 Maud Street, Ormond 3204

Bosworth Tony Fashion Agencies, 22 Brereton Street, South Brisbane 4101

Bradmara En Vogue Modelling Academy, 45 Wilson Street, Burnie, 7320

Brad Stevens Fashion Agencies, 619 Main Street, Kangaroo Point 4169

Brian Stevenson and Co, 14A Twickenham Street, Victoria Park 6100

Brisbane Fashion Marketing, 14 Merivale Street, South Brisbane 4101

Brown Agencies, Old Theatre Lane, 50 Bayview Terrace, Claremont 6010

Bruce Russell, 24 Brereton Street, South Brisbane 4101

Buckingham Model Management, Corner Bay and Rawlins Streets, Southport 4215

Cameron's Management Pty Ltd, 402 Chapel Street, South Yarra 3141

C.L. Agencies Casting and Modelling, 33 O'Keefe Street, Woolloongabba 4102

Classic Model Management, 80 Barrack Street, Perth 6000

Communications Etcetera, 30 Erina Street, East Launceston 7250

Cosmopolitan Modelling Agency, 537 Malvern Road, Toorak 3142

Covers Management, 2 Railway Parade, Murrumbeena 3163

Daneechi Activewear Pty Ltd, 30 Rokeby Road, Subiaco 6008

Daniel Lightfoot Studio, 36 Helen Street, Teneriffe 4005

Dawsons Model Agency, Rodger Road, Panton Hills 3759

Dene Selby Finishing Productions, 37 Delawney Street, Balcatta 6021

Directions West, 90 King Street, Perth, 6000

Discovery Management, 10 Albert Avenue, Broadbeach 4218

D.J. Tonkin, 23 Paratah Street, Bracken Ridge 4017

Dolan W and R Investments Pty Ltd, 15 Watland Street, Springwood 4127

Don Richards Fashion Agencies Pty Ltd, 16 Bank Street, West End 4101

Don Sinclair Agencies Pty Ltd, 312 Murray Street, Perth 6000

Doug Reeves Agencies, 15 Musgrave Street, West End 4101

Down Under Creations, 8 Queen Street, St. Kilda East 3182

Elegance School of Modelling and Models & Actors Agency, 2 Guiness Place, Chapman, 2611

Elly Lukas Model Management, 171 Collins Street, Melbourne 3000

Fashion and Allied Agencies, Unit 2M, Chase 23 Anthony Street, West End 4101

Fashion HouseCorporate Wear, Unit 21b/12 - 16 Milford Street, East Victoria Park 6101

Fashions Results Models, 48 Aberdeen Road, Prahran 3181

Faye Rolph Academy School of Deportment, 7 Golf Street, Maroochydore 4558

Faye Rolph Buckingham Model Management, 3/621 Coronation Drive, Toowong 4066

Fords Modelling Academy & Agency, 11 Alloa Street, Maddington, 6109

Foto 70, Rear 14 Outram Street, West Perth 6005

Giant Management Pty Ltd, 15 Darling Street, South Yarra 3141

Graham Nicoll Agencies, 175 Jubilee Terrace, Bardon 4065

Greg Edwards Photographer, 1152 Hay Street, West Perth 6005

Hall Fashion Marketing, Unit 1M, Chase 31 Anthony Street, West End 4101

Hartland Fashion Agencies Qld Pty Ltd, Unit 4/394 Montague Road, West End 4101

Schedule A - contd

Helene Abicair Model Agency, 252 Collins Street, Melbourne 3000

Hellens Couture, Unit 2, 112 Broadway, Nedlands 6009

Holeproof, 86 Parry Street, West Perth 6004

If Looks Modelling Promotions & Talent Agency, 6 Rebecca Court, Toowoomba 4350

Illustrations Pty Ltd, 385 Wellington Street, Perth 6000

Image Model Management, 287 Auburn Road, Hawthorn 3122

Image People, 8 Cedar Street, Greenslopes 4120

Impressions, 268 Woolcock Street, Currajong, 4812

Impressions Modelling Agency, 643 Beaufort Street, Mt Lawley, 6050

Innes-Brown Fashion Agency, 32 Latrobe Terrace, Bardon 4065

International Models, 202 Karingal Drive, Frankston 3199

Jamme Model Management, 139 High Street, Prahran 3181

Jayne's Model Management, 55 Queechy Road, Norwood 7250

Jemma Internationale, Piccadilly Arc, Perth, 6000

Joyce Della Collections, 10 Station Street, Cottesloe 6011

Joyce Spiers Modelling Agency, 858 Hay Street, Perth 6000

Judith Draydon Fashion Agency, PO Box 131, Kenmore 4069

June Dally-Watkins Pty Ltd, Level 3, 150 Edward Street, Brisbane 4000

Katharina's Model Academy, 47 Hollett Road, Morley, 6062

Kevin Bar Agencies, Lower West Burleigh Road, West Burleigh 4219

Kima, Suite 6, First Floor,3 Bishop Street, Morley 6062

Kinglake Models, Whittlesea Road, Kinglake West 3757

Kool Kids, 47 Queen Street, Frankston 319

Krissie Westwood Model Academy, 220 Balcatta Road, Balcatta 6021

"Les Magiques" School of Modelling and Personnel, 46 Suvla Street, Balmoral 4171

Liala Professional School of Modelling and Deportment, 21 Lockett Court, Norlane 3213

Linda-Ann Model Academy, 52 Helena Street, Midland 6056

Little People Model Agency, 74 Romano Avenue, Mill Park 3082

Livingstone Agencies, 23 Enogerra Terrace, Red Hill 4059

Liz Davenport, 109 Stirling Highway, Nedlands 6009

Looks Good Model Agency, 13 Noonan Street, Heatley, 4814

Looks Model Management, Shop 3, 12 Short Street, Southport 4215

Maxwell Mahon Agencies, 14 Merivale Street, South Brisbane 4101

Media Girls, 231 Burke Road, Glen Iris 3146

Megaheads, 19 College Street, Hawthorn 3122

Milltex Investments Australia Pty Ltd, 14 Merivale Street, South Brisbane 4101

Models Classique Modelling Academy and Agency, 11 Alloa Street, Maddington 6109

Montana's Model Management, 18 Thomson Street, Earlville, 4870

Moulton Agencies, Lamington Street (Cnr Merthyr Road), New Farm 4005

Nell Gray Fashions, Unit 1/12 Hayden Court, Myaree 6154

New York Galleries Model Management, Suite 1, 11 Palm Island Court, Patterson Lakes 3197

Ninety Three Collections, 93 Alfred Street, Fortitude Valley 4006

Noel Holly Photography, 885 Wellington Street, Perth 6000

Olive Fashions, Units 3 and 4, 15 Parry Street, Fremantle 6160

On.Q. Management Pty Ltd, 303 Smith Street, Fitzroy 3065

Queensland Confederation of Industry, 375 Wickham Terrace, Brisbane 4000

Schedule A - contd

Pam Tamblyn Model Management and Deportment School, Level 2/217 George Street, Brisbane 4000

Panache Modelling & Promotional Agency Pty Ltd, 396 Ferrara Street, Albert Park 3206

Pandora Fashion Co, 43 Hutton Street, Osborne Park 6017

Paul Swan Photographics, 196 Tarata Road, Guanaba 4210

Perth Young Set Model Academy, 17 Seapeck Road, Ocean Reef 6027

PJR Modelling Agency, 18j Hickey Avenue, Gladstone, 4680

Playwear Australia Pty Ltd, 6 Hampton Road, West Burleigh 4219

Prestige Promotions, 26 Denovan Court, Calwell 2905

Regal Model and Casting Agency, 75 Brandon Street, South Perth 6151

Regal Modelling & Casting Agency, 312 Murray Street, Perth, 6000

Ribbons & Lace Models, 231 Burke Road, Glen Iris 3146

Rita Munro School of Modelling, 73 Malibu Road, Safety Bay 6169

Roland Smith and Co Pty Ltd, 4 Hanwell Way Bassendean 6054

Ron Toister Fashion Agencies, 59 King Street, Perth 6000

Rosco Industries, 52 Collier Road, Morley 6062

R.T.A. of Tasmania, 147 Davey Street, Hobart 7000

Select Academy & Model Management, Top Floor 120 Murray St, Hobart,7000

Simon Murray, 5 Munsie Avenue, Daglish 6008

Sirens Model Representatives, 450 Chapel Street, South Yarra 3141

Small Fry, 57 Orlando Street, Hampton 3188

Spectrum Contractors Pty Ltd, 4 McKenzie Street, Ormistonrisbane 4160

Spiers Casting Agency, 858 Hay Street, Perth 6000

Sportscraft Consolidated, 15 Kurilpa Street, West End 4101

Spott Model Management Pty Ltd, 9 Myrtle Street, South Yarra 3141

Spotz Casting and Models, Unit 10a/ 31 Thompson Street, Bowen Hills 4805

Step Ahead Promotions, Waverley Road, Devonport 7310

Step Ahead Promotions, 18 Chettle Street, Devonport, 7310

Stephanie Quinlan Fashion Promotions, 17 Ord Street, West Perth 6005

Studio House, 89 Anzac Street Mt. Hawthorn 6016

Studio Search, Level 1/ 4 Pinter Drive, Southport, 4215

Style Model Management, 181a Liverpool Street, Hobart 7000

Style Modelling Academy, 65 Melville Street, Hobart 7000

Sussies Model Agency, 39 Pratt Road, Eaton 6230

Tall Poppy Academy (Australia) Pty Ltd, 486 Glen Huntly Road, Elsternwick 3185

Tamblyn Agencies, 33 Brookes Street, Bowen Hills, 4006

Tanya Powell, 1st Floor, 390 Flinders Street, Melbourne 3000

Tasmanian Confederation of Industries, 242 Liverpool Street, Hobart 7000

Terrace Photographers Pty Ltd, 7 Bennett Street, Perth 6000

The Carberry Academy, 25 Yampi Way, Willetton 6155

The Designers, 25 Montpellier Road, Bowen Hills 4006

The Elite Academy, 4 Melbourne Avenue, Deakin, 2600

The Lizzie Wagner Academy, PO Box 4444, Kingston 2604

The Look Agency, Room 6, 171 Fitzroy Street, St Kilda 3182

The McGann Agency, 14 Dellamarta Road, Wangara 6065

The Page One Agency, 33 Glen Dhu Street, South Launceston, 7249

The William Apparel Co, 271 Selby Street, Churchlands 6018

Toni Design Marketing, 13 Maritime Avenue, Kardinya 6163

Tony Richards Fashion Agency, 15 Cordelia Street, South Brisbane 4101

Schedule A - contd

Total Image Model & Promotion Agency, 55 Queechy Road, Norwood, 7250

Val Bird Model Agency & Academy, 97 Balcombe Road, Mentone 3194

Visions Modelling Agency, Level 6, 3 Bowen Crescent, Melbourne 3000

Viviens Model Management, Level 28, Lennons Building, 66 Brisbane Street, Brisbane 4000

Vogue First Impressions, 8 White Street Mall, Frankston 3199

Wanda's Academy & Model Management, 3 Springvale Drive, Weetangera, 2614

Warren Graham Agencies, 5 Thompson Street, Bowen Hills 4006

Webster Dooley Fashion Marketing, 15 Cordella Street, South Brisbane 4101