MA000002 PR988359 |
|
ORDER |
Workplace Relations Act 1996
s.576E – Procedure for carrying out award modernisation process
CLERKS—PRIVATE SECTOR AWARD 2010
(AM2008/7)
JUSTICE GIUDICE, PRESIDENT |
MELBOURNE, 11 SEPTEMBER 2009 |
1. Further to the decision issued by the Commission on 2 September 2009 [[2009] AIRCFB 800], the Clerks—Private Sector Award 2010 [MA000002 PR985112] is varied by incorporating transitional provisions in clause 2 and Schedule A.
2. The order commences on 1 January 2010.
3. The award as varied is attached.
BY THE COMMISSION:
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code G>
Clerks—Private Sector Award 2010
The above award was first made on 19 December 2008 [PR985112]
This consolidated version of the award includes variations made on 3 April 2009 [PR986427] 11 September 2009 [PR988359]
NOTE: Transitional provisions may apply to certain clauses – see clause 2 and Schedule A
Table of Contents
[Varied by PR988359]
Part 1—Application and Operation of Award
1. Title
2. Commencement and transitional
3. Definitions and interpretation
4. Coverage
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
7. Award flexibility
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
9. Dispute resolution
Part 3—Types of Employment and Termination of Employment
10. Full-time employment
11. Part-time employment
12. Casual employment
13. Termination of employment
14. Redundancy
Part 4—Minimum Wages, Classifications and Related Matters
15. Classifications
16. Minimum weekly wages
17. Exemption rate
18. Juniors
19. Allowances
20. Accident make-up pay
21. Supported wage system
22. National training wage
23. Payment of wages
24. Superannuation
Part 5—Hours of Work and Related Matters
25. Ordinary hours of work (other than shiftworkers)
26. Breaks
27. Overtime rates and penalties (other than shiftworkers and call centre employees)
28. Shiftwork
29. Call centre overtime and penalty arrangements
Part 6—Leave and Public Holidays
30. Annual leave
31. Personal/carer’s leave and compassionate leave
32. Public holidays
33. Community service leave
Schedule A—Transitional Provisions
Schedule B—Classifications
Schedule C—Supported Wage System
Schedule D—National Training Wage
Part 1—Application and Operation of Award
This award is the Clerks—Private Sector Award 2010.
2. Commencement and transitional
[Varied by PR988359]
2.1 This award commences on 1 January 2010.
[2.2–2.6 inserted by PR988359]
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:
• minimum wages and piecework rates
• casual or part-time loadings
• Saturday, Sunday, public holiday, evening or other penalties
• shift allowances/penalties.
2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation.
2.5 Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.
2.6 Fair Work Australia may review the transitional arrangements:
(a) on its own initiative; or
(b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or
(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or
(d) in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.
3. Definitions and interpretation
[Varied by PR986427]
3.1 In this award, unless the contrary intention appears:
Act means the Workplace Relations Act 1996 (Cth)
clerical work includes recording, typing, calculating, invoicing, billing, charging, checking, receiving and answering calls, cash handling, operating a telephone switchboard and attending a reception desk
Commission means the Australian Industrial Relations Commission or its successor
employee has the meaning in the Act
employer has the meaning in the Act
enterprise award has the meaning in the Act
[definition of enterprise NAPSA inserted by PR986427]
enterprise NAPSA means a NAPSA derived from a State award which immediately prior to the 27 March 2006 applied only to a single business or part of a single business
NAPSA means notional agreement preserving a State award and has the meaning in the Act
NES means National Employment Standards
standard rate means the minimum weekly wage for a Level 2 in clause 16
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
[Varied by PR986427]
4.1 This award covers employers in the private sector throughout Australia with respect to their employees engaged wholly or principally in clerical work, including administrative duties of a clerical nature, and to those employees. However, the award does not cover:
(a) an employer bound by a modernised award that contains clerical classifications; or
(b) an employee excluded from award coverage by the Act.
[4.2 substituted by PR986427]
4.2 The award does not cover an employer bound by an enterprise award or enterprise NAPSA with respect to any employee who is covered by the enterprise award or NAPSA.
[4.3 varied by PR986427]
4.3 Without limiting the generality of the foregoing this award does not cover employers covered by the following industry awards with respect to employees covered by the awards:
• the Aged Care Award 2010;
• the Banking, Finance and Insurance Award 2010;
• the Black Coal Mining Industry Award 2010;
• the Business Equipment Award 2010;
• the Contract Call Centres Award 2010;
• the General Retail Industry Award 2010;
• the Health Professionals and Support Services Award 2010;
• the Higher Education Industry—General Staff—Award 2010;
• the Hospitality Industry (General) Award 2010;
• the Market and Social Research Award 2010;
• the Rail Industry Award 2010; or
• the Telecommunications Services Award 2010.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and employee are covered by another award with occupational coverage.
5. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for employees covered by this award.
[Varied by PR986427]
7.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.
[7.3 substituted by PR986427]
7.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and
(b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to.
[7.4 deleted by PR986427]
[7.5 renumbered as 7.4 by PR986427]
7.4 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
(b) state each term of this award that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
[7.4(d) varied by PR986427]
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
[7.6 renumbered as 7.5 by PR986427]
7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
[7.6 inserted by PR986427]
7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
7.8 The agreement may be terminated:
(a) by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between the employer and the individual employee.
7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(b) Significant effects include termination of employment, major changes in composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
8.2 Employer to discuss change
(a) The employer must discuss with the employees affected and their representative, if any, the introduction of the changes referred to in clause 8.1, effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(b) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1.
(c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Commission.
9.3 The parties may agree on the process to be utilised by the Commission including mediation, conciliation and consent arbitration.
9.4 Where the matter in dispute remains unresolved, the Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
Part 3—Types of Employment and Termination of Employment
A full-time employee is an employee who is engaged to work the number of hours regarded as the full-time hours at the particular workplace. The full-time hours must be 38 or less per week.
11.1 A part-time employee is an employee who is engaged to perform less than the full-time hours at the workplace on a reasonably predictable basis.
11.2 Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time employees.
11.3 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the numbers of hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.
11.4 Changes in hours may only be made by agreement in writing between the employer and employee. Changes in days can be made by the employer giving one week’s notice in advance of the changed hours.
11.5 An employer is required to roster a part-time employee for a minimum of three consecutive hours on any shift.
11.6 All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.
11.7 A part-time 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.
12.1 A casual employee is an employee engaged as such.
12.2 A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed, plus 25%. This loading is in lieu of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.
12.3 Casual employees must be paid at the termination of each engagement, or weekly or fortnightly in accordance with usual payment methods for full-time employees.
12.4 Casual employees are entitled to a minimum payment of three hours’ work at the appropriate rate.
13.1 Notice of termination is provided for in the NES.
13.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by the clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
14.1 Redundancy pay is provided for in the NES.
14.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
14.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
14.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 13.3.
(a) Subject to clause 14.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a NAPSA:
(i) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Act had applied to the employee; and
(ii) that would have entitled the employee to redundancy pay in excess of the employee’s entitlement to redundancy pay, if any, under the NES.
(b) The employee’s entitlement to redundancy pay under the NAPSA is limited to the amount of redundancy pay which exceeds the employee’s entitlement to redundancy pay, if any, under the NES.
(c) This clause does not operate to diminish an employee’s entitlement to redundancy pay under any other instrument.
(d) Clause 14.5 ceases to operate on 31 December 2014.
Part 4—Minimum Wages, Classifications and Related Matters
[Sched A renumbered as Sched B by PR988359]
15.1 All employees covered by this award must be classified according to the structure set out in Schedule B and paid the minimum wage in clause 16. Employers must advise their employees in writing of their classification and of any changes to their classification.
15.2 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.
[Varied by PR986427]
Classification |
Per week $ |
Level 1—Year 1 |
580.00 |
Level 1—Year 2 |
610.00 |
Level 1—Year 3 |
630.00 |
Level 2—Year 1 |
637.60 |
Level 2—Year 2 |
650.00 |
Level 3 |
675.00 |
Call centre principal customer contact specialist |
680.00 |
Level 4 |
710.00 |
Level 5 |
740.00 |
Call centre technical associate |
813.00 |
[Varied by PR986427]
[17.1 varied by PR986427]
17.1 Except as to the provisions of:
• Clause 14—Redundancy;
• Clause 24—Superannuation;
• Clause 30—Annual leave;
• Clause 31—Personal/carer’s leave and compassionate leave;
• Clause 32—Public holidays; and
• Clause 33—Community service leave
this award will not apply to employees employed by the week who are in receipt of a weekly wage in excess of 15% above the Level 5 wage rate in clause 16; provided that the wage is not inclusive of overtime payments and/or shift allowances due to the employee under this award.
17.2 The exemption rate will be calculated in multiples of one dollar, amounts of less than $0.50 being taken to the lower multiple and amounts of $0.50 or more being taken to the higher multiple.
Junior employees must be paid the following percentage of the appropriate wage rate in clause 16.
Age |
% |
Under 16 years of age |
45 |
16 years of age |
50 |
17 years of age |
60 |
18 years of age |
70 |
19 years of age |
80 |
20 years of age |
90 |
19.1 Transport of employees—shiftworkers
When an employee working shift commences or finishes work at a time other than the employee’s normal time of commencing or finishing and when reasonable means of transport is not available, the employer will reimburse the employee an amount equal to the cost of any transport which allows the employee to reach the employee’s home by other means of transport, unless the employer provides suitable transport.
(a) The employer will reimburse employees engaged in work damaging to clothing (for example, the use, maintenance or running repairs of office machines or in the receiving and/or despatch of goods) an amount equal to the cost of uniforms and/or protective clothing, except where uniforms and/or protective clothing are provided free of charge by the employer.
(b) The employer will reimburse employees who are constantly required to work under conditions which are wet and damaging to footwear, (e.g. on surfaces periodically hosed down or in wet or muddy conditions) an amount equal to the cost of appropriate protective footwear, except where appropriate protective footwear is provided free of charge by the employer.
(c) When an employee is required to wear and launder a uniform any cost of the uniform must be reimbursed and the employee must be paid $3.55 for laundry expenses per week.
(a) An employee required to work for more than one and a half hours of overtime without being given 24 hours’ notice after the employee’s ordinary time of ending work will be either provided with a meal or paid a meal allowance of $12.00. Where such overtime work exceeds four hours a further meal allowance of $9.60 will be paid.
19.4 Vehicle allowance
(a) An employee required by the employer to use the employee’s motor vehicle in the performance of duties must be paid the following allowances:
(i) Motor cars
$0.74 per kilometre with a maximum payment as for 400 kilometres per week.
(ii) Motorcycles
$0.25 per kilometre with a maximum payment as for 400 kilometres per week.
(b) The employer must pay all expenses including registration, running and maintenance where an employer provides a motor vehicle which is used by an employee in the performance of the employee’s duties.
19.5 Living away from home allowance
(a) An employee, required by the employer to work temporarily for the employer away from the employee’s usual place of employment, and who is required thereby to sleep away from the employee’s usual place of residence, is entitled to the following:
(i) The payment of an allowance to cover all fares to and from the place at which the employer requires the employee to work; and
(ii) The payment of an allowance to cover all reasonable expenses incurred for board and lodging.
(b) The allowances referred to in this clause are not payable where the fares and the board and lodging are provided by the employer.
(c) In addition to the above, the employee must receive 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.
An employee who has been trained to render first aid, is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance Australia or similar body and is appointed by an employer to perform first aid duty must be paid a weekly allowance of 1.5% of the standard rate.
An employee, when required to perform any of the duties in a classification higher than their usual classification for more than one day must be paid at least the rate which would be applicable if such duties were performed on a permanent basis.
(a) Northern Territory
An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):
(i) That would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and
(ii) That would have entitled the employee to payment of a district allowance.
(b) Western Australia
An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a NAPSA or an award made under the Workplace Relations Act 1996 (Cth):
(i) That would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and
(ii) That would have entitled the employee to payment of a district allowance.
(c) Clause 19.8 ceases to operate on 31 December 2014.
19.9 Adjustment of expense related allowances
At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
Allowance |
Applicable Consumer Price Index figure |
Meal allowance |
Take away and fast foods sub-group |
Clothing and footwear |
Clothing and footwear group |
Vehicle allowance |
Private motoring sub-group |
Except in relation to clause 20.8 this clause only applies in Victoria and ceases to apply on 31 December 2014.
20.1 Accident pay
Where an employee becomes entitled to weekly compensation payments pursuant to the Accident Compensation Act 1985 (the AC Act), the employer will pay to the employee an amount equivalent to the difference between:
(a) the level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; and
(b) to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks;
20.2 Accident pay will not apply:
(a) in respect of any injury during the first five normal working days of incapacity;
(b) to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks;
(c) where in accordance with the AC Act a medical practitioner provides information to an employer of an employee’s fitness for work or specifies work for which an employee has a capacity and such work is made available by an employer but not commenced by an employee.
20.3 Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration will not be subject to the accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month.
20.4 The maximum period or aggregate of periods of accident pay to be made by an employer must be a total of 26 weeks for any one injury.
20.5 Where an employee receives a weekly payment under this section and subsequently such payment is reduced pursuant to the AC Act, such reduction will not render the employer liable to increase the amount of accident pay in respect of that injury.
20.6 Entitlement to accident pay ceases on termination of the employee’s employment, except where such termination:
(a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or
(b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee’s entitlement in the absence of agreement will be referred to the Australian Industrial Relations Commission to determine.
20.7 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 their entitlement to accident pay under this clause.
20.8 Subject to clause 20.9 an employee is entitled to accident pay in accordance with the terms of:
(a) A NAPSA that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at the time been in their current circumstances of employment and had no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and
(b) That would have entitled the employee to accident pay in excess of the employee’s entitlement to accident pay, if any, under any other instrument.
20.9 The employee’s entitlement to accident pay under the NAPSA or award is limited to the amount of accident pay which exceeds the employee’s entitlement to accident pay, if any, under any other instrument.
20.10 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.
[Sched B renumbered as Sched C by PR988359]
See Schedule C
[Sched C renumbered as Sched D by PR988359
See Schedule D
Wages must be paid either:
(a) Weekly according to the actual ordinary hours worked each week; or according to the average number of ordinary hours worked each week.
(b) By agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid fortnightly or monthly.
Wages must either be paid by cash, cheque or electronic funds transfer into the bank or financial institution account nominated by the employee.
23.3 Day off coinciding with payday
Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with payday, such employee must be paid no later than the working day immediately following payday. However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding payday.
23.4 Absences from duty under an averaging system
Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments, the following applies:
(a) The employee will accrue a credit for each day the employee works ordinary hours in excess of the daily average.
(b) The employee will incur a debit for each day of absence from duty other than on annual leave, long service leave, public holidays, paid personal leave, workers compensation, paid compassionate leave, paid family leave, or jury service.
(c) An employee absent for part of a day (other than on annual leave, long service leave, public holidays, paid personal leave, workers compensation, paid compassionate leave, paid family leave, or jury service) will incur a proportion of the debit for the day, based upon the proportion of the working day that the employee was in attendance.
24.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, the superannuation fund nominated in the award covering the employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation legislation.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
24.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 24.2.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.
(c) The employer must pay the amount authorised under clauses 24.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 24.3(a) or (b) was made.
24.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 24.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 24.2 and pay the amount authorised under clauses 24.3(a) or (b) to one of the following superannuation funds:
(a) CARE Super;
(b) AustralianSuper;
(c) SunSuper;
(d) HESTA;
(e) Statewide Superannuation;
(f) Tasplan; or
(g) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund.
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 24.2 and pay the amount authorised under clauses 24.3(a) or (b) in the following circumstances:
(a) Paid leave—while the employee is on any paid leave.
(b) Work related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Hours of Work and Related Matters
25. Ordinary hours of work (other than shiftworkers)
[Varied by PR986427]
25.1 Weekly hours of work—day workers
(a) The ordinary hours of work for day workers are to be an average of 38 per week but not exceeding 152 hours in 28 days, or an average of 38 over the period of an agreed roster cycle.
[25.1(b) varied by PR986427]
(b) The ordinary hours of work may be worked from 7.00 am to 7.00 pm Monday to Friday and from 7.00 am to 12.30 pm Saturday. Provided that where an employee is employed in association with other classes of employees who work a five-day week the spread of hours during which ordinary hours can be worked are the hours contained in a modern award which apply to the majority of the employees at the workplace. Employees engaged in a call centre can be rostered to work ordinary hours from midnight Friday to midnight Saturday.
(c) Not more than 10 hours exclusive of meal breaks (except if paid for at overtime rates) are to be worked in any one day.
The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer. The spread of hours may by altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or in appropriate circumstances, between the employer and an individual employee.
25.3 Notice of rostered days off
Where an employee is entitled to a rostered day off during the employee’s work cycle, the employer must give the employee four weeks’ notice in advance of the weekday the employee is to take off.
(a) An employer may substitute the day an employee is to take off for another day in case of a break down 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.
(b) An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.
(c) Where the working of the 38 hour week is agreed to in accordance with this clause, an employee and the employer may agree to a banking system of up to a maximum of five rostered days off. An employee would therefore work on what would normally have been the employee’s rostered day off and accrue an entitlement to bank a rostered day off to be taken at a mutually convenient time for both the employee and the employer, provided not less than five days’ notice is given before taking the banked rostered day(s) off.
(d) No payments or penalty payments are to be made to employees working under this substitute banked rostered day off. However the employer will maintain a record of the number of rostered days banked and will apply the average pay system during the weeks when an employee elects to take a banked rostered day off.
(e) Employees terminating prior to taking any banked rostered day(s) off must receive one fifth of average weekly pay over the previous six months multiplied by the number of banked substitute days.
(f) Employees who work on a rostered day off basis each twenty-day cycle are entitled to twelve rostered days off in a twelve-month period.
Subject to the provisions of clause 28—Shiftwork of this award, a meal period of not less than 30 minutes and not more than 60 minutes must be allowed to each employee. Such meal period must be taken not later than five hours after commencing work and after the resumption of work from a previous meal break. Employees required to work through meal breaks must be paid double time for all time so worked until a meal break is allowed.
(a) All employees must be allowed two 10 minute rest intervals on each day as follows:
• the first to be allowed between the time of commencing work and the usual meal interval;
• the second to be allowed between the usual meal interval and the time of ceasing work for the day.
Provided that all employees who work more than four hours overtime on a Saturday morning must be allowed a rest period of ten minutes between the times of commencing work and finishing work.
(b) Such rest intervals are to be counted as part of time worked.
27. Overtime rates and penalties (other than shiftworkers and call centre employees)
[Clause title varied by PR986427]
27.1 Payment for working overtime
(a) Employees working overtime:
(i) within the hours fixed in clause 25—Ordinary hours of work (other than shiftworkers), of this award but in excess of the hours fixed for an ordinary week’s work; or
(ii) outside the hours fixed in clause 25 of this award;
must be paid time and a half for the first two hours and double time thereafter calculated on a daily basis.
(b) For the purposes of this clause hours fixed for an ordinary week’s work means the hours of work fixed in an establishment in accordance with clause 25 of this award or varied in accordance with the relevant clauses of this award.
(c) For the purposes of administering the provisions contained in this clause, the minimum period for which an employee must be paid overtime is one half hour per week.
(d) An employee who works 38 hours Monday to Friday must be paid a minimum of three hours at overtime rates for work performed on a Saturday, provided that such employee is ready, willing and available to work such overtime.
27.2 Payment for working Saturdays and Sundays
(a) Work within the spread of ordinary hours on Saturday will be paid at the rate of time and a quarter.
(b) All work done on a Sunday must be paid for at the rate of double time.
(c) An employee required to work on a Sunday is entitled to not less than four hours’ pay at penalty rates provided the employee is available for work for four hours.
27.3 Rest period after overtime
(a) When overtime work is necessary it must wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.
(b) An employee (other than a casual employee) who works so much overtime between the termination of the employee’s ordinary work on one day and the commencement of the employee’s ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times must, subject to this clause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c) If on the instructions of the employer such an employee resumes or continues work without having had such ten consecutive hours off duty the employee must be paid at double the ordinary time rate of pay until the employee is released from duty for such period and the employee is then entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(d) Overtime worked in the circumstances specified in clause 27.4 hereof must not be regarded as overtime for the purpose of this clause.
(e) The provisions of this clause apply in the case of shiftworkers as if eight hours were substituted for ten hours when overtime is worked:
(i) For the purposes of changing shift rosters; or
(ii) Where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace such shiftworker; or
(iii) Where a shift is worked by arrangement between the employees themselves.
(f) When an employee has not substituted nor banked the rostered day off and therefore works overtime on the rostered day off, the rate of pay must be calculated in accordance with the provisions of clause 27.1 hereof.
Where an employee is required to return to duty after the usual finishing hour of work for that day the employee must be paid at the overtime rates prescribed in clause 27.1(a) hereof but must receive a minimum payment as for three hours’ work. Provided that this clause does not apply where the work is continuous (subject to a meal break of not more than one hour) with the completion or commencement of ordinary working time.
27.5 Time off in lieu of overtime
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime that would otherwise be payable under this clause at a time or times agreed with the employer.
(b) Overtime taken as time off during ordinary time hours must be taken at the ordinary time rate that is an hour for each hour worked.
(c) An employer must, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under this clause where such time has not been taken within four weeks of accrual.
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.
In this clause:
(a) Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
(b) Night shift means any shift finishing after midnight, and at or before 8.00 am.
(c) Permanent night shift means a night shift which does not rotate with another shift or shifts or day work and which continues for a period of not less than four consecutive weeks.
By agreement between the employer and the majority of employees concerned or in appropriate cases an individual employee, the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.
(a) The ordinary hours of work for shiftworkers are to be an average of 38 hours per week and must not exceed 152 hours in 28 consecutive days.
(b) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed twelve months.
(c) Not more than ten ordinary hours are to be worked in any one day.
28.4 Hours, shift allowances, special rates, meal interval
(a) Notwithstanding any other provisions of this award an employee may be employed upon shifts, in which case the ordinary hours for a week’s work are to be 38, and must be performed in shifts not exceeding six shifts of ten hours each. A Sunday may be included.
(b) Times of beginning and ending the shift of an employee may in any case be varied by agreement between the employer and the employee or in the absence of agreement may be varied by at least one week’s notice given by the employer to the employee.
(c) A shiftworker employed on an afternoon shift or a night shift must, for work done during the ordinary hours of any such shift, be paid ordinary rates plus an additional 15% for afternoon or night shift, or an additional 30% for a permanent night shift.
(d) A shiftworker whose ordinary working period includes a Saturday, a Sunday or a public holiday (as prescribed in Division 9 of the NES) as an ordinary working day must be paid at the rate of time and a half for such ordinary time as occurs on such Saturday, Sunday or public holiday.
(e) Where ordinary shift hours commence between 11.00 pm and midnight on a Sunday or public holiday, the ordinary time so worked before midnight does not entitle the shiftworker to the Sunday or public holiday rate. Provided that the ordinary time worked by a shiftworker on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into a Sunday or public holiday is regarded as ordinary time worked on such Sunday or public holiday.
(f) Twenty minutes must be allowed to a shiftworker for a meal during each shift before the expiration of five hours. Such meal break must be counted as time worked.
A shiftworker for all time worked:
(a) in excess of the ordinary weekly hours fixed in this clause must be paid time and a half for the first three hours and double time thereafter; or
(b) in excess of ordinary daily hours on an ordinary shift must be paid time and a half for the first two hours and double time thereafter.
Clauses 27.5—Time off in lieu of overtime and 27.6—Make-up time apply to shiftworkers as well as day workers.
28.6 Work on Saturday, Sunday or public holiday
A shiftworker whose ordinary working period does not include a Saturday, a Sunday or a public holiday (as prescribed in Division 9 of the NES) as an ordinary working day must, if required to work on any such day be paid double time for work done with a minimum payment of four hours at double time if the employee is available for work during such four hours. This provision for minimum payment does not apply where the work on such day is continuous with the commencement or completion of the employee’s ordinary shift.
28.7 Special rates not cumulative
The special rates herein prescribed are in substitution for and not in addition to the shift allowances prescribed.
29. Call centre overtime and penalty arrangements
[New clause 29 inserted by PR986427]
29.1 Employees engaged in a call centre must be paid the following penalty payments except where overtime or shift penalties apply:
Monday to Friday—outside the spread of ordinary hours |
Time and a quarter |
Saturday |
Time and a quarter |
Sunday 7.00 am to 7.00 pm |
Time and a half |
Sunday other times |
Time and three quarters |
29.2 Ordinary hours can be worked on a Sunday between 7.00 am and 7.00 pm by agreement between an individual employee and the employer subject to the payment of penalty payments above.
29.3 Overtime worked Monday to Saturday must be paid for at the rate of time and a half for the first three hours and double time thereafter. Overtime worked on a Sunday must be paid for at the rate of double time.
Part 6—Leave and Public Holidays
[Clause 29 renumbered as clause 30 by PR986427]
30.1 Annual leave is provided for in the NES.
30.2 Definition of shiftworker
For the purpose of the additional week of annual leave provided for in the NES, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for seven days a week.
(a) During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed in clause 16 of this award. Annual leave loading payment is payable on leave accrued.
(b) The loading is as follows:
(i) Day work
Employees who would have worked on day work only had they not been on leave—17.5% or the relevant weekend penalty rates, whichever is the greater but not both.
(ii) Shiftwork
Employees who would have worked on shiftwork had they not been on leave—a loading of 17.5% or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.
30.4 Paid leave in advance of accrued entitlement
An employer may allow an employee to take annual leave either wholly or partly in advance before the leave has accrued. Where paid leave has been granted to an employee in excess of the employee’s accrued entitlement, and the employee subsequently leaves or is discharged from the service of the employer before completing the required amount of service to account for the leave provided in advance, the employer is entitled to deduct the amount of leave in advance still owing from any remuneration payable to the employee upon termination of employment.
30.5 Requirement to take leave notwithstanding terms of the NES
An employer may require an employee to take annual leave by giving at least four weeks’ notice in the following circumstances:
(a) as part of a close-down of its operations; or
(b) where more than eight weeks’ leave is accrued.
31. Personal/carer’s leave and compassionate leave
[Clause 30 renumbered as clause 31 by PR986427]
31.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
31.2 Personal/carer’s leave for casual employees
(a) Casual employees are entitled to be not available for work or to leave work to care for a person who is sick and requires care and support or who requires care due to an emergency.
(b) Such leave is unpaid. A maximum of 48 hours absence is allowed by right with additional absence by agreement.
[Clause 31 renumbered as clause 32 by PR986427]
32.1 Public holidays are provided for in the NES.
32.2 An employer and the employees may by agreement substitute another day for a public holiday.
32.3 Work on a public holiday or a substituted day must be paid at double time and a half. Where both a public holiday and substitute day are worked public holiday penalties are payable on one of those days at the election of the employee. An employee required to work on a public holiday is entitled to not less than four hours pay at penalty rates provided the employee is available to work for four hours.
[Clause 32 renumbered as clause 33 by PR986427]
Community service leave is provided for in the NES.
Schedule A—Transitional Provisions
[Sched A inserted by PR988359]
A.1 General
A.1.1 The provisions of this schedule deal with minimum obligations only.
A.1.2 The provisions of this schedule are to be applied when there is a difference, in money or percentage terms, between a provision in a transitional minimum wage instrument (including the transitional default casual loading) or an award-based transitional instrument on the one hand and an equivalent provision in a modern award on the other.
A.2 Minimum wages – existing minimum wage lower
A.2.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.
A.2.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.
A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.
A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.3 Minimum wages – existing minimum wage higher
A.3.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.
A.3.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.
A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.
A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.4 Loadings and penalty rates
For the purposes of this schedule loading or penalty means a:
• casual or part-time loading;
• Saturday, Sunday, public holiday, evening or other penalty;
• shift allowance/penalty.
A.5 Loadings and penalty rates – existing loading or penalty rate lower
A.5.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of the transitional default casual loading or an award-based transitional instrument to pay a particular loading or penalty lower than that in this award for any classification of employee.
A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the transitional default casual loading or the loading or penalty in the relevant award-based transitional instrument for the classification concerned.
A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.
A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.6 Loadings and penalty rates – existing loading or penalty rate higher
A.6.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of an award-based transitional instrument to pay a particular loading or penalty higher than that in this award for any classification of employee.
A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant award-based transitional instrument.
A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage.
A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.7 Loadings and penalty rates – no existing loading or penalty rate
A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty.
A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.
A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty:
First full pay period on or after |
|
1 July 2010 |
20% |
1 July 2011 |
40% |
1 July 2012 |
60% |
1 July 2013 |
80% |
A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
[Varied by PR986427]
[Sched A renumbered as Sched B by PR988359]
The classification criteria in this schedule provides guidelines to determine the appropriate classification level of persons employed pursuant to this award. In determining the appropriate level, consideration must be given to both the characteristics and typical duties/skills. The characteristics are the primary guide to classification as they indicate the level of basic knowledge, comprehension of issues, problems and procedures required and the level of supervision or accountability of the position. The totality of the characteristics must be read as a whole to obtain a clear understanding of the essential features of any particular level and the competency required. The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill, or many of them, depending on the particular work allocated.
The key issue to be looked at in properly classifying an employee is the level of competency and skill that the employee is required to exercise in the work they perform, not the duties they perform per se. It will be noted that some typical duties/skills appear in more than one level, however when assigning a classification to an employee this needs to be done by reference to the specific characteristics of the level. For example, whilst word processing and copy typing are first specifically mentioned at Level 2 in terms of typical duty/skill, it does not mean that as soon as an employee operates a word processor or typewriter they automatically become Level 2. They would achieve a Level 2 classification when they have achieved the level of skill and competency envisaged by the characteristics and the relevant indicative duty(ies)/skill(s) of a Level 2. Level 1 in this structure is to be viewed as the level at which employees learn and gain competence in the basic clerical skills required by the employer, which in most cases would lead to progression through the classification structure as their competency and skills increase and are utilised.
B.1 Level 1
B.1.1 Characteristics
Employees at this level may include the initial recruit who may have limited relevant experience. Initially work is performed under close direction using established practices, procedures and instructions.
Such employees perform routine clerical and office functions requiring an understanding of clear, straightforward rules or procedures and may be required to operate certain office equipment. Problems can usually be solved by reference to established practices, procedures and instructions.
Employees at this level are responsible and accountable for their own work within established routines, methods and procedures and the less experienced employees’ work may be subject to checking at all stages. The more experienced employee may be required to give assistance to less experienced employees in the same classification.
B.1.2 Typical duties/skills
Indicative typical duties and skills at this level may include:
(i) Reception/switchboard, e.g. directing telephone callers to appropriate staff, issuing and receiving standard forms, relaying internal information and initial greeting of visitors.
(ii) Maintenance of basic records.
(iii) Filing, collating, photocopying, etc.
(iv) Handling or distributing mail including messenger service.
(v) Recording, matching, checking and batching of accounts, invoices, orders, store requisitions, etc.
(vi) The operation of keyboard and other allied equipment in order to achieve competency as prescribed in Level 2.
[A.1.2(vii) inserted by PR986427]
(vii) Call centre customer contact trainee—customer contact functions with direct supervision.
B.2 Level 2
B.2.1 Characteristics
This level caters for the employees who have had sufficient experience and/or training to enable them to carry out their assigned duties under general direction.
Employees at this level are responsible and accountable for their own work which is performed within established guidelines. In some situations detailed instructions may be necessary. This may require the employee to exercise limited judgment and initiative within the range of their skills and knowledge.
The work of these employees may be subject to final checking and as required progress checking. Such employees may be required to check the work and/or provide guidance to other employees at a lower level and/or provide assistance to less experienced employees at the same level.
B.2.2 Typical duties/skills
Indicative typical duties and skills at this level may include:
(i) Reception/switchboard duties as in Level 1 and in addition responding to enquiries as appropriate, consistent with the acquired knowledge of the organisation’s operations and services, and/or where presentation, and use of interpersonal skills are a key aspect of the position.
(ii) Operation of computerised radio/telephone equipment, micro personal computer, printing devices attached to personal computer, dictaphone equipment, typewriter.
(iii) Word processing, e.g. the use of a word processing software package to create, format, edit, correct, print and save text documents, e.g. standard correspondence and business documents.
(iv) Stenographer/person solely employed to take shorthand and to transcribe by means of appropriate keyboard equipment.
(v) Copy typing and audio typing.
(vi) Maintenance of records and/or journals including initial processing and recording relating to the following:
• reconciliation of accounts to balance
• incoming/outgoing cheques
• invoices
• debit/credit items
• payroll data
• petty cash imprest system
• letters etc.
(vii) Computer application involving use of a software package which may include one or more of the following functions:
• create new files and records
• spreadsheet/worksheet
• graphics
• accounting/payroll file
• following standard procedures and using existing models/fields of information.
(viii) Arrange routine travel bookings and itineraries, make appointments.
(ix) Provide general advice and information on the organisation’s products and services, e.g. front counter/telephone.
[A.2.2(x) inserted by PR986427]
(x) Call centre customer contact officer grade 1 is employed to:
• use known routines and procedures;
• have some accountability for quality of outcomes;
• receive calls;
• use common call centre technology;
• enter and retrieve data;
• work in a team;
• manage own work under guidance; and
• provide at least one specialised service (sales and advice for products and services, complaints or fault enquiries or data collection surveys).
An employee who holds a Certificate II in Telecommunications (Customer Contact) or equivalent is to be classified at this level when employed to perform the functions defined.
B.3 Level 3
B.3.1 Characteristics
Employees at this level have achieved a standard to be able to perform specialised or non-routine tasks or features of the work. Employees require only general guidance or direction and there is scope for the exercise of limited initiative, discretion and judgment in carrying out their assigned duties.
Such employees may be required to give assistance and/or guidance (including guidance in relation to quality of work and which may require some allocation of duties) to employees in Levels 1 and 2 and would be able to train such employees by means of personal instruction and demonstration.
B.3.2 Typical duties/skills
Indicative typical duties and skills at this level may include:
(i) Prepare cash payment summaries, banking report and bank statements; calculate and maintain wage and salary records; follow credit referral procedures; apply purchasing and inventory control requirements; post journals to ledger.
(ii) Provide specialised advice and information on the organisation’s products and services; respond to client/public/supplier problems within own functional area utilising a high degree of interpersonal skills.
(iii) * Apply one or more computer software packages developed for a micro personal computer or a central computer resource to either/or:
• create new files and records
• maintain computer based records management systems
• identify and extract information from internal and external sources
• use of advanced word processing/keyboard functions.
(iv) Arrange travel bookings and itineraries; make appointments; screen telephone calls; respond to invitations; organise internal meetings on behalf of executive(s); establish and maintain reference lists/personal contact systems for executive(s).
(v) Application of specialist terminology/processes in professional offices.
[A.3.2(vi) inserted by PR986427]
(vi) Call centre customer contact office grade 2 is employed to:
• perform a broader range of skilled operations than grade 1;
• exercise some discretion and judgment in the selection of equipment, services or contingency measures;
• work within known time constraints;
• provide multiple specialised services to customers (including complex sales, service advice for a range of products or services, and difficult complaint and fault inquiries);
• deployment of service staff using multiple technologies; and
• exercise a limited amount of leadership over less experienced employees.
An employee who holds a Certificate III (Customer Contact) or equivalent is to be classified at this level when employed to perform the functions defined.
* Note: These typical duties/skills may be either at Level 3 or Level 4 dependent upon the characteristics of that particular Level.
B.4 Call centre principal customer contact specialist
[A.4 inserted by PR986427]
Employees at this level are employed to:
• perform a broad range of skilled applications;
• provide leadership as a coach, mentor or senior staff member, and provide guidance in the application and planning of skills;
• work with a high degree of autonomy with the authority to take decisions in relation to specific customer contact matters; and
• take responsibility for the outcomes of customer contact and resolve complex situations.
B.5 Level 4
B.5.1 Characteristics
Employees at this level will have achieved a level of organisation or industry specific knowledge sufficient for them to give advice and/or information to the organisation and clients in relation to specific areas of their responsibility. They would require only limited guidance or direction and would normally report to more senior staff as required. Whilst not a pre-requisite a principal feature of this level is supervision of employees in lower levels in terms of responsibility for the allocation of duties, co-ordinating work flow, checking progress, quality of work and resolving problems.
They exercise initiative, discretion and judgment at times in the performance of their duties.
They are able to train employees in Levels 1–3 by personal instruction and demonstration.
B.5.2 Typical duties/skills
Indicative typical duties and skills at this level may include:
(i) Secretarial/Executive support services which may include the following: maintaining executive diary; attending executive/organisational meetings and taking minutes; establishing and/or maintaining current working and personal filing systems for executive; answering executive correspondence from verbal or handwritten instructions.
(ii) Able to prepare financial/tax schedules, calculating costings and/or wage and salary requirements; completing personnel/payroll data for authorisation; reconciliation of accounts to balance.
(iii) Advising on/provide information on one or more of the following:
• employment conditions
• workers compensation procedures and regulations
• superannuation entitlements, procedures and regulations
(iv) *Applying one or more computer software packages, developed for a micro personal computer or a central computer resource to either/or:
• creating new files and records
• maintaining computer based management systems
• identifying and extract information from internal and external sources
• using of advanced word processing/keyboard functions.
[A.5.2(v) inserted by PR986427]
(v) Call centre customer contact team leader is employed to:
• perform a broad range of skilled applications;
• evaluate and analyse current practices;
• develop new criteria and procedures for performing current practices;
• provide leadership in a team leader role and provide guidance to others in the application and planning of skills; and
• work with a high degree of autonomy and exercise authority to take decisions in relation to specific customer contact matters.
An employee who holds a Certificate IV (Customer Contact) or equivalent is to be classified at this level when employed to perform the functions defined.
* Note: These typical duties/skills may be either at Level 3 or Level 4 dependent upon the characteristics of that particular Level.
B.6 Level 5
B.6.1 Characteristics
Employees at this level are subject to broad guidance or direction and would report to more senior staff as required.
Such employees will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to advise on a range of activities and features and contribute, as required, to the determination of objectives, within the relevant field(s) of their expertise.
They are responsible and accountable for their own work and may have delegated responsibility for the work under their control or supervision, including, scheduling workloads, resolving operations problems, monitoring the quality of work produced and counselling staff for performance and work related matters.
They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration. They would also be able to assist in the delivery of training courses. They would often exercise initiative, discretion and judgment in the performance of their duties.
The possession of relevant post secondary qualifications may be appropriate but are not essential.
B.6.2 Typical duties/skills
Indicative typical duties and skills at this level may include:
(i) Apply knowledge of organisation’s objectives, performance, projected areas of growth, product trends and general industry conditions.
(ii) Application of computer software packages within either a micropersonal computer or a central computer resource including the integration of complex word processing/desktop publishing, text and data documents.
(iii) Provide reports for management in any or all of the following areas:
• account/financial
• staffing
• legislative requirements
• other company activities.
(iv) Administer individual executive salary packages, travel expenses, allowances and company transport; administer salary and payroll requirements of the organisation.
[A.6.2(v) inserted by PR986427]
(v) Call centre principal customer contact leader is employed to:
• apply a significant range of fundamental principles and complex techniques across a wide and unpredictable variety of contexts in either varied or highly specialised functions;
• co-ordinate the work of a number of teams within a call centre environment; and
• have a number of specialists/supervisors reporting to them.
An employee who holds a Diploma—Front Line Management or equivalent is to be classified at this level when employed to perform the functions defined.
B.7 Call centre technical associate
[A.7 inserted by PR986427]
A Call centre technical associate is employed to:
• apply a significant range of fundamental principles and complex techniques across a wide and unpredictable variety of contexts in relation to either varied or highly specialised functions;
• contribute to the development of a broad plan, budget or strategy;
• work with a high degree of autonomy and be accountable and responsible for themselves and others in achieving outcomes (some supervision may be required);
• be involved in the design, installation and management of telecommunications computer equipment and system development;
• assess installation requirements;
• design systems;
• plan and perform installations; and
• install and manage data communications equipment and find faults.
Schedule C—Supported Wage System
[New Schedule B inserted by PR986427]
[Sched B renumbered as Sched C by PR988359]
C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
C.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee’s productive capacity and agreed wage rate
C.3 Eligibility criteria
C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
C.4 Supported wage rates
C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
Assessed capacity (clause C.5) % |
Relevant minimum wage % |
10 |
10 |
20 |
20 |
30 |
30 |
40 |
40 |
50 |
50 |
60 |
60 |
70 |
70 |
80 |
80 |
90 |
90 |
C.4.2 Provided that the minimum amount payable must be not less than $69 per week.
C.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
C.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
C.6 Lodgement of SWS wage assessment agreement
C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Commission.
C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Industrial Registrar to the union by certified mail and the agreement will take effect unless an objection is notified to the Commission within 10 working days.
C.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
C.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
C.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
C.10 Trial period
C.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $69 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause C.5.
Schedule D—National Training Wage
[Sched C renumbered as Sched D by PR988359]