MA000089 PR988987 |
|
ORDER |
Workplace Relations Act 1996
s.576E – Procedure for carrying out award modernisation process
VEHICLE MANUFACTURING, REPAIR, SERVICES AND RETAIL AWARD 2010
(AM2008/62)
JUSTICE GIUDICE, PRESIDENT |
MELBOURNE, 4 SEPTEMBER 2009 |
Award Modernisation.
1. Further to the decision [[2009] AIRCFB 826] issued by the Commission on 4 September 2009, the following modern award is made:
Vehicle Manufacturing, Repair, Services and Retail Award 2010
2. The award is attached.
BY THE COMMISSION:
PRESIDENT
Vehicle Manufacturing, Repair, Services and Retail Award 2010
Table of Contents
Part 1—Application and Operation
1. Title
2. Commencement date
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. Types of employment
11. Full-time employment
12. Part-time employment
13. Casual employment
14. Juniors
15. Apprentices (including adult and school-based apprentices) and trainees
16. School-based apprentices
17. Termination of employment
18. Redundancy
Part 4—Allowances and Related Matters
19. Allowances and special rates
20. District allowances
21. Adjustment of expense related allowances
22. Accident pay
23. Clothing, equipment and tools
24. Payment of wages
25. Superannuation
Part 5—Hours of Work and Related Matters
26. Meal breaks
27. Crib breaks when working overtime
28. Overtime rates
Part 6—Leave and Public Holidays
29. Annual leave
30. Personal/carer’s leave and compassionate leave
31. Community service leave
32. Public holidays
Section 1—Vehicle Industry RS&R Employees
33. Classification and minimum weekly wages
34. Junior drivers
35. Apprentice wage rates and progression
36. Casual rates for driveway attendants, roadhouse attendants and console operators
37. Ordinary hours of work and rostering
38. Saturday work
39. Sunday work
40. Public holiday work
41. Casual employees
42. Shiftwork and rates
43. Special provision—driveway attendant, console operator and roadhouse attendant
44. Special provisions—persons employed principally to sell vehicles
Section 2—Vehicle manufacturing employees
45. Classification and minimum weekly wages
46. Part-time rates
47. Casual rates
48. Apprentice wage rates
49. Conditions for progression through each stage
50. Higher engineering tradesperson
51. Adult apprentice wage rates
52. Junior wage rates
53. Ordinary hours of work and related matters
54. Shiftwork and penalty rates
55. Sundays and public holidays
56. Security staff—special conditions
Section 3—Drafting, planning and technical employees
57. Coverage under Section 3
58. Rates of pay and related matters
59. Allowances
60. Hours of work, shiftwork, meal breaks and overtime
Section 4—Supervisory employees
61. Coverage
Schedule B—Vehicle Industry RS&R—Skill Level Definitions
Schedule C—Vehicle Manufacturing Employees—Skill Level Definitions
Schedule D—Supported Wage System
Schedule E—National Training Wage
Schedule F—School-based Apprentices
Part 1—Application and Operation
This award is the Vehicle Manufacturing, Repair, Services and Retail Award 2010.
This award commences on 1 January 2010.
3. Definitions and interpretation
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
agricultural vehicle salesperson means an employee employed in the sale of agricultural motor vehicles and self-propelled farming implements or units for which the agricultural motor vehicle or self-propelled farming implement provides the motive power
apprenticeship Authority means:
• New South Wales Vocational Training Boards established by the Vocational Education and Training Act 1990 (NSW);
Provided that in New South Wales in respect of the cancellation and/or suspension of indentures the appropriate apprenticeship authority will be a Vocational Training Board established by the Apprenticeship and Training Act 2001 (NSW);
• Victorian State Training Board;
• Training and Employment Recognition Council of Queensland;
• Accreditation and Registration Council of South Australia;
• Tasmanian Training Authority;
• Western Australia State Training Council (Board); or
• An authority or person appointed under the Workplace Relations Act 1996 (Cth) for the purposes of this award
automotive instrument mechanic means a tradesperson required to repair and service all makes and types of automotive instruments
automotive engine reconditioner means a tradesperson employed in a workshop principally concerned in the reconditioning of miscellaneous makes of used internal combustion engines where the engine and parts do not lose their identity and who, as part of their normal duties:
• is required to set up or set up and operate one or more of the following machines: crankshaft grinder, camshaft grinder, internal grinder, surface grinder, cylinder borer, line borer, con rod borer, honing machine, pin fitting machine, valve seat grinding and inserting machines, and including the machines enumerated in Machinist (metal)—1st class;
• in the course of such work is responsible for determining sizes and tolerances of a precision nature in accordance with prepared technical data;
• uses in a tradesperson’s capacity the same precision tools and measuring instruments as are used by engineering tradespersons; and
• possesses and uses the knowledge of automotive theory and practice obtained through satisfactorily completing an apprenticeship as an automotive engine reconditioner.
automotive parts interpreter (specialist) means an adult employee who:
• has completed a formal course of technical school training in the automotive parts distribution industry;
• is regulated by an apprenticeship authority or apprenticeship board constituted under this award and who is required by their employer to perform the duties related to automotive parts sales and distribution;
• is required in the performance of such duties to have and utilise a detailed knowledge of the workings of a wide range of vehicles and uses such knowledge to interpret the proper application of all component parts as required;
• has had at least seven years’ experience in the automotive parts distribution industry and who is required by their employer to perform the duties related to automotive parts sales and distribution; and
• is required in the performance of such duties to have and utilise a detailed knowledge of the workings of a wide range of vehicles and uses such knowledge to interpret the proper application of all component parts as required
automotive parts salesperson (experienced) means an employee who has had three or more years’ adult experience in the automotive parts distribution industry and who is required by their employer to perform the duties related to automotive parts sales and distribution and who in the performance of such duties is required to utilise knowledge of the workings of vehicles and the component parts thereof
automotive serviceperson and/or checker means an employee, not being a tradesperson, engaged in checking and adjusting in the processes of pre-delivery or after-sales service in accordance with manufacturers’ periodic service procedures, excluding any function requiring a tradesperson’s skill and knowledge
award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
bodymaker—1st class means a tradesperson engaged in the building, rebuilding, altering, without the aid of jigs, repairing or customising of passenger and/or commercial vehicle bodies, trailers and other vehicle bodies or chassis in wood/metal and other substitute material
bodymaker—2nd class means an employee engaged in the building of bodies constructed with the aid of jigs
brake mechanic means a tradesperson required to diagnose faults in, repair and install all types of brake systems of motor vehicles including cars, commercial vehicles and heavy equipment
brake service person means an employee (not being a tradesperson) who does not diagnose faults or road test vehicles but who is required to install and replace brake components under supervision and/or is engaged in the reconditioning of brake components other than the checking and assembly of hydraulic assemblies
detailer means an employee (not being a tradesperson) whose work includes that of a paintshop assistant and/or polisher and/or cutter using buff or wet and dry rubber and/or painter—brush and/or spray on mechanical and/or chassis components, in addition to the cleaning and polishing of new and/or used vehicles
driver handling money means an employee employed under levels 3 and 4 of clause 33.4 including a junior employee employed in either class of work and who collects and/or pays out money and who is responsible for the safe custody of the amounts so collected or carried to be paid out
driver tow truck references in Section 1—Vehicle Industry RS&R Employees of drivers of classes of tow trucks refer to drivers of the following classes of vehicles, including:
• class 1—small conventional unit: a tow truck with a load capacity of not less than 1270 kilograms equipped with a crane with a safe working load of not less than 1020 kilograms;
• class 2—larger conventional unit: a tow truck with a load capacity of not less than 3040 kilograms equipped with a crane with a safe working load of not less than 2540 kilograms;
• class 3—light salvage unit: a tow truck with a load capacity of not less than 6130 kilograms and equipped with a crane having a safe working load of more than 5080 kilograms; or
• class 4—heavy salvage unit: a tow truck with gross train weight of 25 400 kilograms minimum, tandem drive, power operated crane with a safe working load of 50 580 kilograms minimum, power operated winch, power and vacuum brake take off
electroplater—1st class means an employee who maintains the solutions used and is responsible for the electroplating of ware
electroplater—2nd class means an employee not responsible for the solutions used and mainly engaged on electroplating
electroplater—3rd class means an employee engaged on the barrel plating system
employee means a national system employee as defined in sections 13 and 30C of the Act
employee representative means an employee elected or appointed by the employees in a workplace, which will include an employee appointed as shop steward in the area or department in which the employee is employed, for the purpose of representing the employees in matters arising from the application of provisions in this award. In the case of a shop steward being appointed, the responsible officer of the union concerned will provide written notification to the employer. Upon such notification, the employee will be recognised as the accredited representative of the union to which they belong.
employer means a national system employer as defined in sections 14 and 30D of the Act
enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
exhaust repairer means a person who repairs and/or replaces exhaust systems on motor vehicles, but does not include the repair, removal or replacement of any mechanical, electrical system or circuit or any electronic device associated with a motor vehicle, nor any component of the engine or any other skill which falls into a trade classification
machinist (metal)—1st class means a tradesperson partly or wholly engaged in setting up and operating the following machines: lathe; boring machine; milling machine; planning machine; shaping machine; slotting machine; precision grinding machine and a drilling machine where the operator uses the same precision tools as fitters or turners
machinist (metal)—2nd class means an employee not engaged as a tradesperson who is not required to work from drawings or prints or to do precision work, but who is engaged in operating or in setting up and operating all machines, other than a drilling machine, enumerated in the definition of Machinist (metal)—1st class
machinist (metal)—3rd class means an employee other than a process worker who operates any power driven machine for which a rate is not elsewhere prescribed in this award and without limiting the scope of the foregoing includes such an employee operating any of the following: nut; bolt; rivet or dog spike making machines; tapping machines; and drilling machines on work other than that specified in the definition of Machinist (metal)—1st class
motor mechanic means a tradesperson engaged in making or under jobbing conditions, repairing, altering or assembling (except in the production of new vehicles) or testing the mechanical and/or electrical parts of the engine and/or transmission, and/or fuel system, and/or induction systems, and/or exhaust system, and/or steering mechanism, and/or suspension system and/or braking system, of motor vehicles but does not include:
(a) an employee engaged only in making minor adjustments; or
(b) an employee engaged in the reconditioning of engines by specialised methods except so much of the work which calls for the application for general trade experience as a motor mechanic.
motor vehicle salesperson means an employee employed in the sale of road and industrial vehicles, motorcycles, caravans, trailers and/or boats
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
packer means an employee responsible for the selection of parts or accessories according to requisitions or for the packing and method of packing for dispatch
paint shop assistant means an employee generally assisting in paint shop work including stopping up, rubbing down, masking, cleaning up and/or applying other than finish coats
panel beater means a tradesperson who repairs structural components, frames or panel work of motor vehicles constructed in whole or part from metal, metal alloys or substituted material and includes the formation of panels by hand/or process
plant mechanic (New South Wales only) means a tradesperson engaged in repairing and/or overhauling wheeled, track or tractor type mobile equipment associated with construction equipment, earthmoving equipment, prime movers, or agricultural and industrial mobile equipment such as petrol, LPG and/or diesel engines, transmissions, hydraulics, electrical systems and ancillary equipment
precision measurements means measurements of a finer accuracy than is possible with the naked eye from calliper, measuring scale or rule
process worker means an employee engaged:
• on repetition work on any automatic, semi-automatic or single purpose machine or any machine fitted with jigs, gauges or other tools rendering operations mechanical (and in connection with which the employee is not responsible for the setting up of the machine nor for the dimensions of the products other than by checking with gauges which are unadjustable or, if adjustable, will not be set by the operator);
• in the assembling of parts or mechanical appliances or other articles so made in which no fitting or adjustment requiring skill is required; or
• in specialised processes not requiring use of hand tools except hammers, pliers, screwdrivers, spanners and files and such tools as are necessary for deburring or removing rags or edging
radiator repairer—1st class means a tradesperson working to prints or drawings or measurements applying general trade experience or knowledge to the repair or recore of radiators, heating or cooling equipment and the repair or fuel tanks and the custom building of special radiators and fuel tanks
roadhouse attendant means an employee of 20 years of age or over employed in a roadhouse, snack bar, kiosk or restaurant being part of or operated as an integral part of an establishment falling within the area of this award
spring service worker means an employee employed on the removal and/or replacement of springs, luggage carriers and/or bumper bars, and/or the dismantling and/or reassembling of finished parts of motor car and truck chassis
standard rate means:
(c) for the purposes of Section 1—Vehicle Industry RS&R Employees the standard rate is wage Level R6—Vehicle RS&R industry employee Level 6; and
(d) for the purposes of Section 2—Vehicle manufacturing employees the standard rate is wage Level V5—Level 1 production system employee
storeperson means an employee in a store who is responsible for checking inward goods against packing slips, sorting goods into bins, selecting goods for issue and the issuing of goods against requisitions and includes a tool storeman
tradesperson means an employee who, in the course of their employment, works from drawings or prints required to be scaled, and/or measured from drawings or prints, or makes precision measurements, or applies general trade experience and includes a locksmith and Machinist (Metal)—1st class
tradesperson’s assistant means an employee directly assisting a tradesperson
tyre fitter means an employee fitting tyres and/or tubes to rims and/or wheels, including, without limiting the generality of the foregoing, wheel balancing and all operations associated with the removal and/or replacement of rims and/or wheels from or onto vehicles and/or wheeled equipment, including operations involving the use of the employee of compressing, mechanical and/or power operated apparatus
tyre repairing and retreading processes includes functions/operations of warming mill, extruder, detreading, buffing, gouging, pulling sleeves or patches, repairing, building up and/or retreading and/or recapping used tyres including aeroplane tyres, relugging earthmover, grader or tractor tyres by hand, moulding or curing of retreaded, rebuilt, recapped or relugged tyres in unit heater and autoclaves
vehicle industry RS&R employee means an employee classified appropriate to the employee’s skills, the duties required by the employer to be performed and the skill level definitions detailed at Schedule B
vehicle manufacturing employee means an employee classified appropriate to the employee’s skills, the duties required by the employer to be performed and the skill level definitions detailed at Schedule C
welder—tradesperson means a tradesperson using electric arc, acetylene blowpipe or coal gas cutting plant on work other than filling castings, cutting scrap metal or using jigs and includes re-welding by hand processes
wheel builder and/or repairer means a tradesperson required to build and/or repair motor vehicle wheels including cutting out and replacing wheel centres, marking out and drilling, machining, welding and truing
wrecker automotive means an employee not being a tradesperson who is required to recognise and identify parts and components and/or to assess their condition and marketability and who would as required oxy-cut panels and other components in addition to dismantling vehicles and components
3.2 Additional definitions—non-trades, trades and post-trades
boiler attendant or fireperson—1st class means a boiler attendant or fireperson who attends to two or more boilers or two or more suction gas generators, or one boiler the evaporation capacity of which, attributed thereto by the maker exceeds 500 kilograms but less than 50 000 kilograms of steam per hour, or one gas generator supplying a total engine load capacity, attributed thereto by the maker, of not less than 750 kilowatts, and includes the boiler attendant or fireman of a steam navy extractor
boiler attendant or fireperson, leading—1st class means:
(a) the boiler attendant or fireperson employed at a plant where three or more boiler attendants or firepersons are employed at the same time and who is invested with the superintendence and responsibility but does not include any boiler attendant or fireperson where an engine driver is charged with being in charge of plant; and/or
(b) the boiler attendant or fireperson employed at a plant where three or more boiler attendants or firepersons are employed at the same time and whose duty it is to attend to the water of boilers that are fired by two or more of the other boiler attendants or firepersons
boiler attendant or fireperson, leading—2nd class means:
(c) the boiler attendant or fireperson employed at a plant where two boiler attendants or firepersons are employed at the same time and who is invested with the superintendence and responsibility but does not include any boiler attendant or fireperson where an engine driver is charged with being in charge of plant; and/or
(d) the boiler attendant or fireperson employed at a plant where two boiler attendants or firepersons are employed at the same time and whose duty it is to attend to the water of boilers that are fired by other boiler attendants or firepersons
boilermaker means a tradesperson required to develop work from drawings or prints, or to make templates, or to apply general trade experience in the fabrication, erection and/or repairing of steel or iron ships, boilers or other vessels subject to greater pressure than the weight of their contents including iron and steel receivers or retorts, also riveting by hand/or machine, caulking, chipping and operating all machines used in connection with the foregoing (other than stationary drilling machines) and carrying out such marking off, welding or oxy burning as is incidental to the work of a boilermaker
coremaker, jobbing means a moulder engaged in making cores for metal moulds by the use of loam or stickle boards or by loose boxes other than loose boxes used for repetition production of cores requiring little or no skill to produce
coremaker, machine means an employee making cores by machine where the core box is a fixture to or part of such machine, or making repetition cores requiring little or no skill to produce
dismantler means an employee engaged in the dismantling of engine assemblies including gear box, in the reconditioning of engines (other than aero engines) by specialised methods
dogman means as employee who (elsewhere than in actual process of manufacturing) transports goods from point-to-point by mechanical power and uses therein clamps, dogs or other standard gear
drier means an adult employee using air hose to dry off after acid wash
electrical fitter means a tradesperson fitter mainly engaged in making, fitting or repairing electrical machines, instruments or appliances and who in the course of their work applies electrical knowledge
electrical mechanic means a tradesperson mainly engaged on electrical installation, repair and maintenance work
electrician—special class means an electrical tradesperson required to apply the additional knowledge as defined to that required of Electrical fitter and/or mechanic as defined in this award and who has been for a period of at least six months mainly engaged in the manufacture and/or installation and/or maintenance of machines and/or equipment incorporating electronic equipment and will include any electrical tradespersons who by agreement with the employer is classified as Electrician—special class
(e) For the purpose of this definition additional knowledge means:
(i) that acquired after six months’ experience; and
(ii) that acquired in obtaining a fifth year trade certificate including the subject Industrial Electronics I from the Electrical Trades School of South Australia or its equivalent or the satisfactory completion of the first year of one of the following courses, including:
• Post-Trade Industrial Electronics Course of the New South Wales Department of Technical Education;
• The Industrial Electronics Course as approved by the Education Department of Victoria;
• CN311 Electrical Course “C” of the Department of Education, Queensland; and
• The Industrial Electronics Course of the Technical Education Department of Tasmania; or
(iii) sufficient knowledge of hydraulics and pneumatics to enable the tradesperson to fault find in the said machines and/or equipment.
garage attendant means an employee employed in a motor building or chassis assembling establishment engaged in the cleaning, dusting, washing or greasing of motor vehicles; and/or the servicing thereof with petrols, oils and water; and/or attending to tyre changing, tyre inflations, and patching of tubes; and/or other like duties and/or the driving of such vehicles in and about the employer’s premises in connection with any of the foregoing operations
heat treater means an employee required to apply general trade experience as a heat treater and who carries out the operation of heat treatment to produce in the materials treated such requirements as hardness, toughness, ductibility, resistance to abrasion, elasticity, tensile strength, machine ability and resistance to creep and who works to limits in size, shape and straightness in tool work
jigmaker means a tradesperson engaged in the making of jigs
machine setter means a tradesperson engaged in setting up machines specified in the definition of Machinist (metal)—1st class, for other employees
material chaser or stock to follow up means an employee having the supervision of the delivery according to schedule, of materials between departments or sections
motor body developer means a tradesperson required to develop and mark up tooling work from body drafts, but not including an employee performing work normally done by pattern makers, tool makers, template makers, jig makers or body makers
moulder, jobbing means a metal moulder engaged in floor moulding, loam mouldings, trickle moulding or moulding from loose patterns
on the line means sectionalised body building and assembling in which bodies in the course of building are moved on from one operative group of operatives to another operative or group of operatives
painter—tradesperson means a tradesperson required to mix, match and apply paint and apply general trade experience
rigger means an employee responsible for the erection of tackle
spring maker by hand means an employee required to manufacture spiral coils, flat or leaf springs by hand where such work does not fall within the definition of a tradesperson
structural steel tradesperson means a tradesperson engaged in assembling, plating, bolting (temporary or otherwise), riveting by hand/or machine, caulking, chipping, staying, reaming, drilling (other than on stationary machines) or such marking off, welding or oxy burning as is incidental to the foregoing, or who in the course of the work operates machines for punching and shearing, rolling, bending, angle or plate straightening, or hydraulic presses or nipping and notching machines, in connection with the making and/or repairing of tanks, water locks, towers (other than agricultural and pastoral types) wagons, tenders, trucks, rolling stock, bridges girders, columns, principals (roofs or otherwise), trusses, structural iron and steel work, but not including parts of standardised frame buildings made in quantities, or motor vehicle chassis, or new vehicles made by mass production methods
tooling smith means a tradesperson smith who for the greater part of their time is engaged on smithing work for the tool room
toolmaker means a tradesperson making and/or repairing any precision tool, gauge, die or mould to be affixed to any machine, who designs or lays out their work and is responsible for its proper completion and includes any tradesperson engaged in or in connection with the making of any tool, gauge, die or mould as aforesaid who by agreement with the employer is classified as a toolmaker
trimmer sectional means an employee (other than a tradesperson trimmer) engaged on any trimming work for which a specific rate is not otherwise prescribed by the award
trimmer, tradesperson means a tradesperson required to perform developmental work and/or work on used vehicles and/or work on custom built units and/or each and every function or production trim operations as directed by the employer
trouble chaser means a tradesperson (any section) engaged in tracing through all necessary stages of drawing, development, tooling and production, and defining the origin of recurring faults which manifest themselves in the course of production, and who is responsible for recommendations for their rectification
wood machinist—1st class means a machinist who in the course of employment is called upon to grind and set knives only to braze, set and sharpen jig saws and to set and sharpen circular saws or to set up machines operated by other machinists or to grind knives or set and operate one or more of the following machines: shaper, spindle, linderman machine, router, tenoner, sill hing and other gainer machines
3.3 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This award covers employers throughout Australia of employees engaged in vehicle manufacturing and/or vehicle industry repair, services and retail, as defined in this clause, to the exclusion of any other modern award and where the employer’s establishment, plant or undertaking is principally connected or concerned with:
(a) the selling, distributing, dismantling/wrecking/restoring, recycling, preparing for sale, storage, repairing, maintaining, towing, servicing, and/or parking of motor vehicles of all kinds, including caravans, trailers or the like and equipment or parts or components or accessories thereof including the establishments concerned for such vehicles and the like;
(b) operations or allied businesses concerned with selling, distributing or supplying running requirements for vehicles (including motor fuels, gas and oils);
(c) the selling and/or handling and/or retreading and/or storing/distribution and/or fitting and/or repairing of tyres or the like made of any material;
(d) the repair and servicing of motor vehicles in the establishment of an employer not falling within clauses 4.1(a), (b) and (c) but who is engaged in the motor vehicle rental business;
(e) the manufacturing, assembling or repairing of carriages, carts, wagons, trucks, motor cars, bodies, motorcycles, railway cars, tram cars, side-cars or other vehicles or parts or components or accessories in wood, metal and/or other materials;
(f) manufacturing, assembling, fabricating, installing, servicing, maintaining, reconditioning or repairing of engines or vehicle servicing equipment and agricultural machinery or implements or the like where such employer immediately prior to 31 December 2009 was bound by clause 1.5.4 (a) of the Vehicle Industry Award 2000;
(g) any operation concerned with roadside/mobile service; or
(h) driving school instruction.
4.2 For the purposes of coverage of this award:
(a) employees engaged in vehicle industry repair, services and retail means employees covered by the classifications at clause 33 and for whom Section 1—Vehicle Industry RS&R Employees applies; and
(b) employees engaged in vehicle manufacturing means employees covered by the classifications at clause 45 and for whom Section 2 applies.
4.3 Exclusions
(a) This award does not cover:
(i) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees;
(ii) an employer who, on 31 December 2009 was engaged in the manufacture and/or assembly of metal parts or accessories and was bound to observe the Metal, Engineering and Associated Industries Award 1998; or
(iii) an employee in a car park where the employee’s undertaking does not provide repairs and service and/or servicing facilities of motor vehicles other than supplying petrol and oil.
(b) Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
4.4 The award does not cover an employee excluded from award coverage by the Act.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an 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.
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 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 The agreement between the employer and the individual employee must also:
(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;
(b) state each term of this award that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
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 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 the 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 representatives, if any, the introduction of the changes referred to in clause 8.1, the 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 Fair Work Australia.
9.3 The parties may agree on the process to be utilised by Fair Work Australia including mediation, conciliation and consent arbitration.
9.4 Where the matter in dispute remains unresolved, Fair Work Australia 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.
9.7 An employee representative and an employer may agree to negotiation skills training leave up to three days with pay, on each occasion, which is necessary to assist the employee representative in their dispute settlement role. The arrangements will be considered by the employer having regard to the normal staffing requirements in the employee representative work area. An employee representative taking such leave will be paid all ordinary time earnings which normally became due and payable during the period of leave, calculated in accordance with clause 29.7 of this award.
Part 3—Types of Employment and Termination of Employment
10.1 Employees under this award are to be employed in one of the following categories:
• full-time;
• part-time; or
• casual
10.2 Unless specified otherwise in this award, employment will be by the week. An employee not specifically engaged as a casual employee will be deemed to be employed by the week.
A full-time employee is one who is engaged to work for no less than an average of 38 ordinary weekly hours.
12.1 An employer may employ regular part-time employees in any classification in this award, provided that this clause will not apply to a person principally employed as a vehicle salesperson.
12.2 A regular part-time employee is an employee who:
(a) works less than full-time hours of 38 per week;
(b) has reasonably predictable hours of work; and
(c) receives on a pro rata basis, equivalent pay and conditions to those of full-time employees who perform the same kind of work.
12.3 At the time of being employed, the employer and the regular part-time employee will agree in writing on the following:
(a) the hours worked each day;
(b) which days of the week the employee will work;
(c) the actual starting and finishing times each day;
(d) that any variation must be in writing;
(e) all time worked in excess of agreed hours is paid at overtime rates; and
(f) the times of taking and the duration of meal breaks.
12.4 Any agreement to vary the regular pattern of work must be made in writing before the variation occurs. The agreement and any variation to it must be retained by the employer and a copy given to the employee.
12.5 All time worked in excess of the hours mutually arranged will be paid as overtime.
12.6 A regular 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 and in addition will be entitled on a pro rata basis to shift premiums where applicable.
12.7 An employee engaged on a regular part-time basis will be entitled to payment in respect of annual leave, public holidays, personal/carer’s leave, and jury service, arising from this award on a proportionate basis calculated on the normal, ordinary hours the employee would have worked.
12.8 Subject to the provisions contained in this clause all other provisions of the award relevant to full-time employees will apply to part-time employees.
12.9 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.
12.10 An employee failing to attend for duty will lose pay for the time of such non-attendance except as provided for elsewhere in this award.
13.1 A casual employee is one engaged and paid as such.
13.2 An employer when engaging a casual must inform the employee that they are employed as a casual, stating by whom the employee is employed, the classification level and rate of pay and the likely number of hours required.
13.3 Casual conversion to full-time or part-time employment
(a) A casual employee, other than an irregular casual employee, who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of six months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process.
(b) Every employer of such an employee must give the employee notice in writing of the provisions of clause 13.3 within four weeks of the employee having attained such period of six months. The employee retains their right of election under clause 13.3(a) if the employer fails to comply with clause 13.3(b).
(c) Any such casual employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion.
(d) Any casual employee who has a right to elect under clause 13.3(a), on receiving notice under clause 13.3(b) or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably so refuse.
(e) Once a casual employee has elected to become and been converted to a full-time or part-time employee, the employee may only revert to casual employment by written agreement with the employer.
(f) If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with clause 13.3(d), the employer and employee must, subject to clause 13.3(d), discuss and agree on:
(i) which form of employment the employee will convert to, being full-time or part-time; and
(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked, as set out in clause 12—Part-time employment.
(g) An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed on between the employer and employee.
(h) Following such agreement being reached, the employee converts to full-time or part-time employment.
(i) Where, in accordance with clause 13.3(d) an employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.
(j) Subject to agreement between the employer and the majority of the employees in the relevant workplace or a section or sections of it, or with the casual employee concerned, the employer may apply clause 13.3(a) as if the reference to six months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any such agreement reached must be kept by the employer as a time and wages record. Any such agreement reached with an individual employee may only be reached within the two months prior to the period of six months referred to in clause 13.3(a).
(k) For the purposes of clause 13.3, an irregular casual employee is one who has been engaged to perform work on an occasional, non-systematic or irregular basis.
13.4 An employee must not be engaged and re-engaged to avoid any obligation under this award.
14.1 Except as provided in clause 14.2 unapprenticed junior workers may be employed in any occupation covered by this award.
(a) An unapprenticed junior employee (other than a probationer for apprenticeship) will not be employed in any apprenticeship trade listed in Federal, State or Territory training legislation.
(b) Notwithstanding the foregoing, minors other than apprentices or probationers for apprenticeship may be employed in all aspects of the work described in the definition of automotive parts interpreter in this award.
(c) A junior employee under the age of 16 years will not be employed on oil or gas burners or fires used for heating of small articles, or using electric arc or oxy acetylene blow pipe.
(d) A junior employee under the age of 18 years will not be employed as a furnace person, assistant furnace person or as an operator of a power-driven guillotine or on die-setting work on a power press.
(e) A junior employee under the age of 18 years will not work unsupervised between the hours of 7.00 pm and 9.00 pm and must not be employed between the hours of 9.00 pm and 6.30 am.
(f) No employee under the age of 16 years will be required or permitted to work on afternoon or night shift.
14.3 Proof of age
An employee whom the employer has reasonable grounds for suspecting is under the age of 21 years will, if required, furnish proof of age by means of a birth certificate or other proof satisfactory to the employer or statutory declaration by parent or guardian. The employer will be entitled to rely upon such proof.
15. Apprentices (including adult and school-based apprentices) and trainees
15.1 The terms of this award will apply to apprentices whether full-time or part-time, including adult apprentices, school-based apprentices and trainees, subject to the provisions of the applicable contract of apprenticeship or training agreement operating under Federal, State or Territory apprenticeship or training legislation.
15.2 The following will be the apprenticeship trades for the purposes of this award:
(a) Automotive electrician
(b) Automotive engine reconditioner
(c) Automotive parts interpreter (specialist)
(d) Boilermaker and/or structural steel tradesperson
(e) Bodymaker—1st class and/or wheelmaker and wheel-right in wood and/or metal and/or substitutes
(f) Brake mechanic—(in the States of New South Wales and South Australia only)
(g) Electrical fitter and/or armature winder (auto)
(h) Electrical mechanic
(i) Electroplater—1st class
(j) Fitter and/or turner
(k) Machinist (metal)—1st class
(l) Moulder and/or coremaker (jobbing)
(m) Motor mechanic
(n) Painter—tradesperson
(o) Plant mechanic (New South Wales only)
(p) Smith, including coachsmith, springmaker and spring fitter, wheelwright smith and general smith.
(q) Panel beater
(r) Trimmer—tradesperson
(s) Welder—tradesperson
(t) Wood machinist—1st class
See Schedule F
17.1 Termination by the employer
Notice of termination is provided for in the NES.
17.2 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 this 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.
18.1 Redundancy pay is provided for in the NES.
18.2 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 new ordinary time rate of pay for the number of weeks of notice still owing.
18.3 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.
18.4 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 17.3.
(a) Subject to clause 18.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with terms of a notional agreement preserving a State award:
(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 Workplace Relations Act 1996 (Cth) 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 notional agreement preserving a State award 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 18.5 ceases to operate on 31 December 2014.
Part 4—Allowances and Related Matters
19. Allowances and special rates
19.1 The allowances and special rates prescribed by this clause will be paid irrespective of the times at which the work is performed and will not be subject to any premium or penalty additions.
19.2 Leading hands
In addition to the rates elsewhere prescribed in this award, leading hands will be paid as follows:
In charge of |
% of weekly standard rate per week |
Not less than 3 and not more than 10 employees |
4.34 |
More than 10 and not more than 20 employees |
6.54 |
More than 20 employees |
8.31 |
19.3 Inspector’s allowance
Inspectors will be paid 4.08% of the weekly standard rate per week in excess of the wage payable to the employee whose work an inspector is required to inspect.
19.4 Tool allowance—tradespersons and apprentices
(a) A tradesperson employed in any of the RS&R classifications in Section 1—Vehicle Industry RS&R Employees required by an employer to provide their own hand tools will be paid, in addition to the rates elsewhere prescribed, an allowance of $10.60 per week for supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson.
(b) An employee employed in any of the vehicle industry classifications in Section 2—Vehicle manufacturing employees will be paid a tool allowance of $13.70 per week.
(c) Apprentices employed under the classifications referred to in clause 35—Apprentice wage rates and progression in Section 1—Vehicle Industry RS&R Employees will be paid the following weekly tool allowance where they are required by their employer to provide their own tools:
Year of apprenticeship |
$ |
Level 1 or 1st year |
4.50 |
Level 2 or 2nd year |
5.80 |
Level 3 or 3rd year |
8.00 |
Level 4 or 4th year |
9.30 |
(d) Apprentices paid the minimum rates of pay prescribed in clauses 48.1 and 51—Adult apprentice wage rates in Section 2—Vehicle manufacturing employees will be paid the following weekly tool allowance where they are required by their employer to provide their own tools:
Year of apprenticeship |
$ |
Level 1 or 1st year |
5.80 |
Level 2 or 2nd year |
7.50 |
Level 3 or 3rd year |
10.30 |
Level 4 or 4th year |
12.10 |
(e) Notwithstanding anything elsewhere contained in this award, such tool allowance will not be subject to overtime, shift premium or other penalty additions or annual leave loading.
(f) Carpenters
(i) A carpenter engaged on large structural alterations to buildings, whether external or internal will be paid 1.25% of the hourly standard rate per hour extra.
(ii) A carpenter will be paid as a tool allowance the amount of $14.00 per week.
(a) This clause will not apply to a person principally employed to perform vehicle sales related duties.
(b) An employee required to work overtime for more than one and a half hours without being notified on the previous day or earlier of the requirement to work overtime will either be supplied with a meal by the employer or paid $10.80 for the first meal, and for each subsequent meal. Such payment need not be made to an employee living in the same locality as the workplace and who can reasonably return home for meals.
(c) Unless an employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer will provide a second and/or subsequent meal or pay a meal allowance to the employee in accordance with clause 19.5(b).
(d) If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised the employee will still be paid a meal allowance in accordance with clause 19.5(b).
(e) Clause 19.5 will not apply to an employee working overtime on a Sunday or a public holiday, unless the employee is rostered to work any of their ordinary hours on that day.
19.6 Travelling time, accommodation and meals
(a) This clause will not apply to a person principally employed to perform vehicle sales related duties.
(b) Travelling time
Where an employee is required on any day to perform ordinary work away from a location where the employee normally works, the employee will:
(i) if required to work normal working hours be paid at ordinary time rates for extra time spent when travelling, except on Saturdays, Sundays and public holidays which will be paid at time and a half;
(ii) if travelling in the employer’s business time, the employee will do so without loss of wages;
(iii) if using their own means of transport with the approval of the employer for travelling to or from outside jobs or venues, be paid the amount of excess fares which the employee would have incurred in using public transport unless there has an arrangement with the employer for a regular allowance; and
(iv) if required by an employer to use their own motor vehicle on the employer’s business will be paid an allowance of $0.74 per kilometre travelled.
(c) The maximum travelling time to be paid will be 12 hours out of any period of 24 hours, or when a sleeping berth is provided by the employer for all night travel, eight hours out of every 24 hours.
19.7 Transfer of employment
An employee:
(a) engaged in one locality to work in another; or
(b) sent other than at their own request from their usual locality to another for employment which can reasonably be regarded as permanent, involving a change of residence;
will be paid travelling time whilst necessarily travelling between such localities and expenses for a period not exceeding three months. Provided that the payment of expenses will cease after the employee has taken up permanent residence or found alternative accommodation at the new location.
19.8 Accommodation and meals
(a) Where an employee is required to travel in circumstances requiring the employee to stay away from home overnight the employee, except to the extent that arrangements may be made for expenses to be charged to the employer, will be reimbursed for expenses reasonably incurred for accommodation and meals.
(b) Expenses for the purpose of this clause means:
(i) All reasonable fares and expenses incurred whilst travelling including $10.80 for each meal.
(ii) A reasonable allowance to cover the cost incurred for board and lodging.
An employee holding first aid qualifications and appointed by the employer to perform first aid duty will be paid 2% of the weekly standard rate per week extra.
19.10 Driver allowances
(a) Drivers handling money as defined will be paid per week the following additional amounts:
Amount handled |
% of hourly standard rate |
Up to $20 |
7.69 |
Over $20 but not exceeding $200 |
14.06 |
Over $200 but not exceeding $600 |
26.64 |
Over $600 but not exceeding $1000 |
33.79 |
Over $1000 |
47.79 |
19.11 Confined spaces
(a) An employee working in a confined space, i.e. a compartment, space or place, the dimensions of which necessitate the employee working in a stooped or otherwise cramped position or without proper ventilation, will be paid 3.69% of the hourly standard rate per hour extra.
(b) This provision will apply to work on the inside of tanks or tanker type vehicles such as those used in carrying petrol, milk, flour, cement and the like, but will not apply to other work on vehicles.
19.12 Dirty work
(a) An employee doing work which a foreperson and the employee agree is of an unusually dirty or offensive nature, will be paid 2.86% of the hourly standard rate per hour extra.
(b) For any case falling within this clause the minimum payment on any day or shift will be 11.20% of the hourly standard rate provided that this amount will not be paid in respect of a specific job when other higher special rates are payable for that job on the same day or shift and such higher rates exceed 11.20% of the hourly standard rate, on the particular day or shift.
(c) In case of disagreement between the foreperson and the employee, the employee or a shop steward on the employee’s behalf will be entitled, within 24 hours, to ask for a decision on the employee’s claim by the employer’s industrial officer (if there is one), or otherwise by the employer or executive officer responsible for the management or superintendence of the plant concerned. In such case, a decision will be given on the employee’s claim within 48 hours of its being asked for (unless that time expires on a non-working day in which case it will be given during the next working day) or else the said allowance will be paid.
(d) In any case where a union alleges that an employer or the employer’s representative is unreasonable or capricious in relation to such a claim, it will have the right to refer to the question via the steps within the dispute resolution procedure at clause 9—Dispute resolution.
19.13 Hot places
(a) An employee working for more than one hour in the shade will be paid as follows:
(i) In places where the temperature is raised by artificial means to between 46 and 54 degrees Celsius: 2.86% of the hourly standard rate per hour extra.
(ii) In places where the temperature exceeds 54 degrees Celsius: 3.69% of the hourly standard rate per hour extra.
(b) Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, an employee will also be entitled to 20 minutes’ rest without deduction of pay after every two hours’ work.
(c) The temperature will be decided by the foreperson after consultation with the employee who claims the extra rate.
19.14 Wet places
An employee who is not supplied with protective clothing as provided for in clauses 23.1(f) and 23.6 and who is required to work in any place where the employee’s boots or clothing become saturated, whether by water, oil or otherwise will be paid 2.56% of the hourly standard rate per hour extra. Provided further that any employee who becomes entitled to this extra rate will be paid such extra rate for such part of the day or shift when required to work in wet clothing or boots.
19.15 Glass or slag wool
An employee handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise will be paid 3.69% of the hourly standard rate per hour extra.
19.16 Handling garbage
An employee employed as a driver on a vehicle handling garbage or the assistant to such a driver will be paid 2.86% of the hourly standard rate per hour extra.
19.17 Livestock transport
An employee working on the underside or the body of the stock compartment of a vehicle which has been regularly used in the carriage of livestock and which has not been cleaned down immediately before service will be paid 2.86% of the hourly standard rate per hour extra.
19.18 Slicking with carbon black and hand spraying tyres
Employees engaged in slicking with carbon black base slick and/or hand spraying motor and/or motorcycle tyres or earthmover tyres or tractor tyres or truck tyres or actually working on acid vats in reclaiming will be paid 4.29% of the hourly standard rate per day.
19.19 Height money
An employee other than a rigger and splicer engaged in the erection, repair and/or maintenance of steel frame buildings and similar structures at a height of 15 metres or more directly above the nearest horizontal plane will be paid 2.21% of the hourly standard rate per hour extra.
19.20 Large Tyre Fitting—Offsite
Employees required to fit earthmover, grader, truck or tractor tyres away from the employer’s place of business will be paid an additional 4.23% of the hourly standard rate for each day so employed.
(a) An employee engaged in a boiler house inside the gas or water space of any boiler, flue or economiser in cleaning or scraping work will be paid 5.78% of the hourly standard rate per hour extra.
(b) Where, by agreement between an employer and an employee, overalls supplied by the employer are acceptable to the employee instead of payment of the 5.78% of the hourly standard rate per hour in clause 19.21(a), the employee will not be entitled to any payment under this clause.
19.22 Electric generators or dynamos
A boiler attendant or fireperson to an electric generator or dynamo exceeding 10 kilowatt capacity will be paid 4.01% of the weekly standard rate per week extra.
19.23 Fork-lifts or cranes
Where two or more fork-lifts or cranes are engaged in any one lift the drivers for the time so occupied driving them will be paid 0.72% of the weekly standard rate per week extra.
19.24 Foundry allowance
(a) Foundry work means:
(i) any operation in the production of casting metal in moulds made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shell moulding, centrifugal casting or continuous casting; and
(ii) where carried on as an incidental process in connection with and in the course of production to which this definition applies, the preparation of moulds and cores (but not in the making of patterns and dies in a separate room), and knock out processes, but will not include any operation performed in connection with:
• non-ferrous die-casting (including gravity and pressure);
• casting of billets and/or ingots in metal moulds;
• continuous casting of metal into billets;
• melting of metal for use in printing; and
• refining of metal.
(b) An employee will be paid a foundry allowance of 2.26% of the hourly standard rate for each hour worked to compensate for all disagreeable features associated with foundry work including heat, fumes, atmospheric conditions, sparks, dampness, confined spaces and noise.
(c) An employee will not be paid the foundry allowance for any work in the foundry during any period that foundry production is not being carried out, with the exception of any work during a period up to eight hours immediately following the cessation of foundry production. During any period in which the foundry allowance is not applicable, the appropriate disability provisions of this clause will apply.
(d) The foundry allowance will be instead of any disability allowance otherwise payable under this clause.
19.25 Combined disabilities
Where two or more disabilities for which special rates prescribed in this clause occur at the same time such rates will accumulate except as to combinations of dirty work, handling garbage and livestock transport in which case the highest rate will be payable.
19.26 Thursday/Friday additional amount
A weekly employee working ordinary hours between the hours of 8.00 pm and 9.30 pm on a Thursday and/or Friday will receive an additional amount per hour calculated at one quarter of the ordinary hourly rate based on the prescribed weekly rate of pay.
20.1 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):
(a) 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 Workplace Relations Act 1996 (Cth) had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
20.2 Western Australia
An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a notional agreement preserving a State award or an award made under the Workplace Relations Act 1996 (Cth):
(a) 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 Workplace Relations Act 1996 (Cth) had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
20.3 This clause ceases to operate on 31 December 2014.
21. Adjustment of expense related allowances
(a) 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.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
Allowance |
Applicable Consumer Price Index figure |
Meal allowance |
Take away and fast foods sub-group |
Tools allowance |
Tools component of the household appliances, utensils and tools sub-group |
Vehicle/travel allowance |
Private motoring sub-group |
22.1 Subject to clause 22.2, an employee is entitled to accident pay in accordance with the terms of:
(a) a notional agreement preserving a State award 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 that time been in their current circumstances of employment and 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.
22.2 The employee’s entitlement to accident pay under the notional agreement preserving a State award or the award is limited to the amount of accident pay which exceeds the employee’s entitlement to accident pay, if any, under any other instrument.
22.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.
22.4 This clause ceases to operate on 31 December 2014.
23. Clothing, equipment and tools
23.1 This clause will apply solely to persons employed principally to fit tyres as defined and/or a person employed in tyre retreading processes as defined:
(a) Provision of tools
Where the employer requires persons who are employed either principally to fit tyres and/or in the tyre repairing and retreading process to use tools in the performance of their work, the employer will reimburse the employee for the cost of purchasing such tools.
(b) Employees will be paid a tool allowance where required by the employer to supply and maintain tools of trade necessary for the performance of their duties.
(c) Clause 23.1(b) will not apply where the tools are supplied to the employee at the employer’s expense.
(d) An employer may require any employee to sign a receipt for any tools issued to an employee by the employer.
(e) An employee who has been provided by the employer with facilities to lock up tools at the end of each shift will be held responsible for the safe custody of the tools issued and will replace or pay for any tools so provided if lost through the employee’s negligence.
Where an employer requires an employee to work on acid vats or reclaiming or washing raw rubber or in wet places the employer will reimburse an employee for the cost of purchasing an apron or overalls and rubber or other suitable boots.
(g) This clause will not apply where protective clothing is supplied to the employee by the employer.
23.2 The provisions of this clause apply to other employees, where applicable, not covered under clause 23.1.
Tradespersons or apprentices will be paid a tool allowance where they are required by the employer to supply and maintain tools necessary for the performance of their duties.
(b) Notwithstanding the payment of a tool allowance under clause 23.2(a) where the employer requires an employee, in the performance of their work, to use tools as set out in clause 23.2(b)(i) and (ii) the employer must reimburse the employee for the cost of purchasing:
(i) all necessary power tools, special purpose tools, precision measuring instruments and snips used in the cutting of stainless steel and similar hard metals; and/or
(ii) for wood workers and vycemen, when required, bench, bench vyce, cramps above 100 millimetres, files (including saw files) rasps, hand drills, hacksaw frames and blades, bits and parallel shank drills up to 6.3 millimetres and snips.
(c) Tradespersons or their apprentices will replace or pay for any tools so supplied by their employer if lost through the employee’s negligence.
23.3 Damage to clothing and tools
(a) The employer must reimburse an employee for the cost of replacing the employee’s tools or work clothing where:
(i) the employee is required to use their own tools or wear their own work clothing in the course of employment; and
(ii) such tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances.
(b) The provisions of clause 23.3(a) will not apply where the employee uses tools that are not ordinarily required in the performance of the employee’s duties.
(c) Clause 23.3(a) will not apply where the work clothing and tools are supplied to the employee at the employer’s expense.
23.4 Gloves
(a) The employer will reimburse the employee for the cost of purchasing suitable canvas or leather gloves where the employee is required to use such gloves in the performance of their duties.
(b) Reimbursement for the cost of suitable gloves will apply to operating a pneumatic percussion tool used for chiselling, hammering or riveting or where by reason of the material or tackle being used it is necessary for slingers to wear leather gloves.
(c) The provisions of this clause do not apply where the gloves are supplied to the employee at the employer’s expense. Where such gloves are supplied without cost to the employee they will remain the property of the employer.
(a) The employer will reimburse the employee for the cost of purchasing goggles where the employee is required to wear suitable mica or other goggles when using an emery wheel or rotary wire brushes.
(b) The provisions of this clause will not apply where protective equipment is fitted to a machine or where the goggles are supplied to the employee at the employer’s expense.
(c) Where such goggles are supplied without cost to the employee, they will remain the property of the employer.
(a) The employer will reimburse an employee for the cost of purchasing protective clothing such as boots, rubber aprons and rubber boots where the employee is required to wear adequate protective clothing when working with acids or other substances of a like nature, engaged in wet rubbing or when working in the rain, car laundry, washing bay or in steam cleaning or proof coating operations.
(b) The employer will not be required to reimburse the employee where such suitable protective clothing is supplied to the employee at the employer’s expense.
(c) Where protective clothing is supplied without cost to the employee, it will remain the property of the employer.
23.7 Protective equipment—welding
(a) The employer will reimburse an employee for the cost of purchasing protective equipment when the employee is either required to wear suitable, sufficient and adequate protection when performing welding operations and, where necessary, for employees when working in close proximity to such operations.
(b) This provision does not apply where the protective equipment is supplied to the employee at the employer’s expense.
(c) Where protective equipment is supplied without cost to the employee, it will remain the property of the employer.
23.8 Uniforms
(a) Where an employer requires an employee to wear a special uniform as a condition of employment, the employer must reimburse the employee for the cost of purchasing and cleaning the uniform.
(b) This requirement does not apply where the uniform is supplied and cleaned free of cost by the employer.
(c) Where the uniform is supplied by the employer without cost and cleaned free of cost to the employee, the uniform will remain the property of the employer.
24.1 All wages will be paid weekly, or with the agreement of the majority of employees in a workplace working under the terms of this award, fortnightly or monthly. Such wages will be paid in cash, or with the agreement of the majority of employees working under the terms of this award, by cheque or direct transfer into a bank account or financial institution nominated by the employee. Where wages are paid by direct transfer, the employer will pay any bank or other charges associated with such method of payment.
24.2 An employer and an employee may agree that the employee’s wages may be paid by cheque or by direct transfer into the bank account or other financial institution nominated by the employee.
24.3 Wages will be paid as follows:
(a) In the case of an employee whose ordinary hours of work are arranged so that the employee works up to 38 ordinary hours per week, wages will be paid weekly, fortnightly or monthly according to the actual ordinary hours worked each week.
(b) In the case of an employee whose ordinary hours of work are so that the employee works up to an average of 38 ordinary hours each week during a work cycle, wages will be paid weekly, fortnightly or monthly according to a weekly average of ordinary hours worked even though more or less than 38 may be worked in a work cycle.
(c) An established payday and/or pay period will not be changed except by not less than four weeks’ notice by the employer to their employees.
(d) Wages will be paid in the employer’s time not later than Thursday in any pay cycle, provided that wages will be paid if possible not later than Wednesday in a week in which a public holiday falls on the Thursday or Friday.
(e) Where wages are paid after 1.30 pm on payday the employer will not keep more pay in hand than has accrued to an employee in respect of work performed by the employee on such payday and the preceding day. Where wages are paid before 1.30 pm on payday the employer will not keep more pay in hand than has accrued to an employee in respect of work performed by the employee on such payday and the two preceding days.
(f) On or prior to payday an employer will state to each employee in writing the total amount of wages to which the employee is entitled, the amount of overtime included, details of any deductions made and the net amount being paid.
24.4 Payment of wages on termination
(a) Upon termination of the employment, the employer will pay wages due to an employee:
(i) on the day of such termination;
(ii) by forwarding such wages to the employee on the next working day; or
(iii) at the employer’s place of business on a stated day not later than seven days after such termination. If the employer requires the employee to visit such place of business to collect wages then, in addition to the amount of moneys due, the employer will pay the employee an additional four hours’ ordinary pay.
(b) An employer may deduct from monies due to an employee such amount as is authorised in writing by the employee for a lawful purpose specified in the authority.
An employee failing to attend for duty will not be entitled to pay for the time of such non-attendance except as provided for in the case of annual leave, public holidays, personal/carer’s leave and compassionate leave or any other absences from work without loss of pay permitted by this award.
An employee on day work or shiftwork may elect, with the consent of their employer, to work make-up time, under which the employee takes time off during ordinary hours and works those at a later time, at the rate which would have been applicable to the hours taken off.
24.7 Make-up time after stand-down
(a) In the event of a stand-down situation arising, an employer and employee(s) may agree that each employee may work make-up time, up to the number of hours of work lost as a result of the stand-down, at the rate which would have been applicable to the hours lost. Such make-up time must be worked within seven days of the end of the stand-down period or during the stand-down period if such hours are worked by agreement outside normal hours of work.
(b) For the purpose of this provision the hours of work may be worked at such time as is agreed despite any other provisions of this award.
(c) No employee may be required by an employer to agree to work such make-up time and, in the absence of an agreement by an employee to do so the usual overtime and penalty rates applicable under this award will apply to work required to be performed by such employees.
(d) Provided that an employee who is required to attend for work on any day but for whom, for the reason abovementioned, no work is provided will be entitled to two hours’ pay and provided further that where an employee commences work the employee will be entitled to be provided with four hours’ employment or failing which be entitled to be paid as for four hours’ work.
25.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation legislation.
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.
25.3 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 25.2.
(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 25.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 25.3(a) or (b) was made.
25.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 25.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 25.2 and pay the amount authorised under clauses 25.3(a) or (b) to one of the following superannuation funds:
(a) MTAA Superannuation Fund;
(b) AustralianSuper;
(c) Labour Union Cooperative Retirement Fund;
(d) Transport Workers Union Superannuation Fund; or
(e) 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 25.2 and pay the amount authorised under clauses 25.3(a) or (b):
(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
26.1 This clause will not apply to a person principally employed to perform vehicle sales related duties, console operators or to employees on continuous shiftwork.
26.2 Meal breaks without pay will be for a period of not less than 30 minutes and not more than 60 minutes.
26.3 Subject to the exceptions provided below, an employee will not be required to work more than five hours without a break for a meal. An employee will be paid at the rate of time and one half for all time worked:
(a) where the employee is required to work beyond five hours without a break for a meal; or
(b) during meal breaks and thereafter until a meal break is allowed.
26.4 Where the employer and the majority of employees in an establishment agree that six hours can be worked without a meal break being taken, this arrangement will apply to all employees within that establishment.
26.5 An employee required to perform regular maintenance will work at the ordinary rates during meal breaks whenever instructed to do so for the purposes of making good breakdowns of plant or upon routine maintenance of plant which can only be done while such plant is idle.
26.6 An employer may in appropriate circumstances reasonably require an employee to change the timing of a scheduled meal break or rest break to meet operational requirements.
27. Crib breaks when working overtime
27.1 An employee required to work overtime for more than one and a half hours after working ordinary hours will be allowed a crib break of 20 minutes before starting such overtime. The crib break will be paid for at ordinary rate.
27.2 An employee required to work overtime will be allowed a crib break of 20 minutes without deduction of pay after each four hours of overtime worked provided work continues after the crib break.
27.3 Provided that where a day worker is required to work overtime on a Saturday the first prescribed crib break if occurring between 10.00 am and 1.00 pm will be paid at ordinary rate.
27.4 An employer and employee may agree to any variation of this subclause to meet the circumstances of the work in hand provided that the employer will not be required to make any payment in respect of any time allowed in excess of 20 minutes.
27.5 This clause will not apply to an employee working overtime on a Sunday or public holiday unless the employee is rostered to work any of their ordinary hours on that day.
28.1 This clause will not apply to:
(a) a person principally employed to perform vehicle sales related duties;
(b) casual employees; or
(c) employees working at fuel retailing establishments.
28.2 An employee required to work outside the ordinary hours on a Sunday or public holiday will be paid as follows:
(a) on a Sunday—at the rate of double time;
(b) on a public holiday—at the rate of double time and a half; and
(c) on any other day—time and a half for the first three hours and double time thereafter. Payment at double time is to continue until the completion of the overtime work.
28.3 Time off instead of payment for overtime may be provided if an employee so elects and is agreed to by the employer.
(a) Time off instead of payment for overtime must be taken at a mutually convenient time within four weeks of the overtime being worked. However, an employee with the agreement of the employer may elect to bank up to eight hours of time off instead of overtime to be taken no later than eight weeks after the overtime was worked.
(b) Any agreement reached in accordance with this subclause should be placed in writing and recorded with the employee’s wage records and for file. Any hours banked and cleared in accordance with this subclause must be recorded in the employees wage records.
(c) Time off instead of payment for overtime must equate to the overtime rate i.e. if the employee works one hour overtime and elects to claim time off instead of payment the time off would be equal to time and a half.
(d) Provided that where an employee’s employment is terminated or the employee resigns or the entitlement has not been taken, the entitlement will be paid out at the rate at which it was accrued.
(e) Clause 28.2 will not apply when the time is worked:
(i) by arrangement between the employees themselves;
(ii) for the purpose of effecting the customary rotation of shifts; or
(iii) in accordance with clause 24.6 in this award.
28.4 Extra rates not cumulative
The extra rates prescribed by clause 28.2 are in substitution for and not cumulative upon the shiftwork allowance prescribed by clause 42.2 of this award.
28.5 Minimum payment for overtime on a Sunday or a public holiday
(a) An employee required to work overtime on a Sunday or a public holiday will:
(i) if principally employed to perform duties of a driveway attendant, console operator or a roadhouse attendant as defined, be paid for a minimum of three hours at the appropriate rate; or
(ii) if required to work in connection with maintaining the continuity of electric light or power be paid for a minimum of one hour at the appropriate rate in addition to the time reasonably occupied in getting to and from work which will be counted as time worked except where the work occupies more than two hours.
(b) For work other than that referred to in clauses 28.5(a)(i) and (ii) be afforded at least four hours’ work or paid for four hours at the appropriate rate.
(c) Clause 28.5 will not apply where work is continuous with overtime or work commenced on the previous day or completed on the following day.
28.6 Rest period before recommencing work
(a) When overtime work, including work on a rostered day off or work on a Sunday or a public holiday is necessary, it will wherever reasonably practicable be arranged so that an employee works not more than 14 hours in any period of 24 consecutive hours and so that each employee may have at least 10 consecutive hours off duty in each such 24 consecutive hours.
(b) Subject to the exceptions referred to in clause 28.8 and clause 28.9, on the completion of a period of work an employee is required to have a period of 10 consecutive hours off duty from their ordinary working time without loss of pay until recommencing work.
(c) If, on the instructions of their employer, an employee resumes or continues work without having had 10 consecutive hours off duty the employee will be paid at the rate of double time until released from duty. The employee will then be entitled to be absent for 10 consecutive hours off duty without loss of pay for any ordinary working time occurring during such absence.
28.7 Standing by
(a) Subject to clause 28.7(b) where an employee is required regularly to hold themselves in readiness for a call-back, an employee directed by an employer to hold themselves in readiness to work outside their ordinary working hours will for this period be paid standing by time at their ordinary time rate of pay commencing from the time an employee is required to hold themselves in readiness for a call-back.
(b) This clause will not apply to an employee in a garage and/or to an employee engaged as the driver of a tow and/or repair vehicle and/or to the assistant to such a driver.
(a) An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) will be paid for a minimum of three hours’ work at the appropriate rate for each time recalled; provided that, except in the case of unforeseen circumstances arising, the employee will not be required to work the full three hours if the employee was recalled to perform work which is completed within a shorter period.
(b) This clause will not apply where:
(i) it is customary for an employee to return to an employer’s premises for periods not exceeding 30 minutes each to perform a specific job outside the ordinary working hours in which case the employee will be paid for a minimum of one hour’s work at the appropriate rate for each time recalled; or
(ii) where the overtime is continuous (subject to a reasonable meal break) with the commencement of ordinary working time.
(c) Where the actual time worked is less than three hours on such recall or each of such recalls, overtime worked in the circumstances specified in this subclause will not be regarded as overtime for the purposes of clause 28.6.
(d) This subclause will not apply to an employee in a garage and/or to an employee engaged as the driver of a tow and/or repair vehicle and/or to the assistant to such a driver.
28.9 Call-back (breakdowns etc.)
(a) An employee in a garage and/or an employee engaged as the driver of a tow and/or repair vehicle and/or the assistant to such a driver recalled outside normal working hours for breakdown, accident or other emergency work will be paid at the rate of double time for the period of time recalled.
(b) The calculation of the period of time of duty will include only the time reasonably occupied in travel or work between the time of the employee’s departure from normal place of residence and the time after the performance of the work provided that:
(i) in the case of the first call-back in any one day an employee will be paid as for at least a period of two hours at the rate of double time; and
(ii) in the case of each subsequent call-back in the same day as for at least a period of one hour at the rate of double time whether occurring within two hours of the first call-back or not.
(c) Notwithstanding clause 28.9(a) where by mutual agreement, evidence of which will be recorded and maintained at the employer’s premises, an employee who is rostered to make themselves available outside normal working hours to be called upon for breakdown, accident or roadside service work will be paid at the rate of double time for the period so recalled provided that in the case of each call-back the employee will be paid for at least a period of one hour at double time.
(d) The calculation of the period of work will include only the time reasonably occupied in travel or work between the time of the employee’s departure from the normal place of residence or other starting point and the time of return to the employee’s residence.
(e) An employee entitled to payment under this clause will make and tender to the employer on their next ordinary working day a record of work performed showing starting and finishing times.
(f) Where the actual time worked is less than three hours for a recall or on each of the recalls, overtime worked in the circumstances specified in this subclause will not be regarded as overtime for the purposes of clause 28.6.
Where an employee normally uses public transport and is required to commence and/or conclude overtime or shiftwork between 8.30 pm and 6.00 am at a time when public transport is not available, the employer will provide the employee with a conveyance to and/or from the employee’s residence or pay the employee’s current wage for the time reasonably occupied in travelling to and/or from the residence.
Part 6—Leave and Public Holidays
29.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.
29.2 An employee for each year of service with an employer and subject to clauses 29.3 and 29.5, is entitled to four weeks of paid annual leave.
29.3 An employee’s entitlement to annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work.
29.4 Excessive leave
Notwithstanding s.88 of the Act, if an employer has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, the employer can require the employee to take annual leave by giving not less than four weeks’ notice of the time when such leave is to be taken if:
(a) at the time the direction is given, the employee has eight weeks or more of annual leave accrued; and
(b) the amount of annual leave the employee is directed to take is less than or equal to a quarter of the amount of leave accrued.
(a) For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.
(b) Where an employee with 12 months’ continuous service is engaged for part of the 12 month period as a seven day shiftworker, the employee must have their annual leave increased by half a day for each month the employee is continuously engaged as a seven day shiftworker.
29.6 Leave allowed before due date
(a) An employer may allow an employee to take annual leave either wholly or partly in advance before the right has accrued. In such case the employee will not receive any annual leave to their credit until the period of service is such as to cover the annual leave provided in advance.
(b) The employer will be entitled to deduct the amount of excess from any remuneration payable to the employee upon the termination of employment where:
29.7 Payment for period of leave
(a) Instead of the base rate of pay as referred to in s.90(1) of the Act, an employee under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.
(b) Subject to clause 29.7(c), the wages to be paid must be worked out on the basis of what the employee would have been paid under this award for working ordinary hours during the period of annual leave, including allowances, loadings and penalties paid for all purposes of the award, first aid allowance and any other wages payable under the employee’s contract of employment including any over award payment.
(c) The employee is not entitled to payments in respect of overtime, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.
29.8 Untaken leave on termination
Subject to clause 29.6(b) an employee who has outstanding or untaken paid annual leave due when the employment contract ends must be paid the amount that would have been payable to the employee under clause 29.6(a). Payment of either leave loading or the higher shift loading payment instead of leave loading prescribed in clauses 29.7(a) will not apply to the pay out of untaken leave.
29.9 Annual close-down
Where an employer closes down a plant, or a section or sections thereof, for the purpose of allowing annual leave to all or the bulk of the employees in the workplace or section or sections concerned, the following provisions apply:
(a) An employer may by giving not less than four weeks’ notice of their intention to do so, stand off for the duration of the close-down all employees in the workplace or section or sections concerned. In such event the employer may allow to those who are not qualified for the full entitlement to annual leave for the total close-down period paid leave up to the total amount of leave accrued as at the commencement of the close-down. Such leave will be at the appropriate rate of wage as prescribed in clause 29.7. The balance of the close-down for which the employee does not have sufficient accrued leave to cover such period will be leave without pay.
(b) An employee who has accrued enough leave for the close-down period must be allowed the leave, and be paid at the appropriate wage rate in clause 29.7.
(c) An employer may close-down for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. If the employer closes down in two separate periods one of those periods must be for a period of at least 21 consecutive days.
(d) Provided that where the majority of the employees in the workplace or section or sections concerned agree, the employer may close down in accordance with this subclause in two separate periods neither of which is of at least 21 consecutive days or in three separate periods. In such cases the employer must advise the employees concerned of the proposed dates of each close-down before asking them for their agreement.
30. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
Community service leave is provided for in the NES.
32.1 Public holidays are provided for in the NES.
32.2 Substitution of public holidays
By agreement between an employer and the majority of employees in a particular workplace another day or different days may be substituted for the said days or any of them. Further, an employer and an employee may agree to substitute another day or days for the said days or any of them.
32.3 Rostered day off or accumulated time off falling on a public holiday
In the case of an employee whose ordinary hours of work are arranged in such a manner as to entitle the employee to a rostered day off, the weekday to be taken off will not coincide with a public holiday. Provided that, in the event that a public holiday is prescribed after a roster is arranged the employer will allow the employee to take an alternative weekday off instead of the public holiday.
Section 1—Vehicle Industry RS&R Employees
33. Classification and minimum weekly wages
33.1 All adult employees (other than adult apprentices) covered by this section must be classified according to the structure set out in clause 33.4 according to the skill levels and duties required to be exercised by the employee in order to carry out the principal function of the employment as determined by the employer. The skill level definitions, according to which employees are to be classified, are set out in Schedule B—Vehicle Industry RS&R—Skill Level Definitions.
33.2 Employers must advise each employee in writing of their classification and of any subsequent changes in their classification.
33.3 Employees must perform all work within their skill and competence consistent with the classification structure and the skill level definitions including work which is incidental or peripheral to their main tasks or functions, provided that such duties are not designed to promote de-skilling.
33.4 Minimum weekly wages—adult employees
Classifications |
Wage group level |
Weekly rate |
Hourly rate |
$ |
$ | ||
Vehicle RS&R industry employee—Level 1 |
R1 |
543.90 |
14.31 |
Vehicle RS&R industry employee—Level 2 |
R2 |
560.50 |
14.75 |
Vehicle RS&R industry employee—Level 3 |
R3 |
583.00 |
15.34 |
Vehicle RS&R industry employee—Level 4 |
R4 |
603.90 |
15.89 |
Vehicle RS&R industry employee—Level 5 |
R5 |
619.40 |
16.30 |
Vehicle industry RS&R—tradesperson or equivalent Level I |
R6 |
637.60 |
16.78 |
Vehicle industry RS&R—tradesperson or equivalent Level II |
R7 |
||
Vehicle industry RS&R—tradesperson or equivalent Level III |
R8 |
33.5 Driver classifications—minimum weekly wages
Weekly rate |
Hourly rate | |
$ |
$ | |
Driver—forklift: |
||
• Lifting capacity up to 4500 kg |
603.82 |
15.89 |
• Lifting capacity in excess of 4500kg |
603.82 |
15.89 |
Driver—mobile crane: |
||
• Lifting capacity up to 10 tonnes |
603.82 |
15.89 |
• Lifting capacity in excess of 10 tonnes |
603.82 |
15.89 |
Driver—commercial vehicle used in the course of the employer’s business: |
||
• Makers capacity of 3 tonnes or less |
603.82 |
15.89 |
• Makers capacity of over 3 tonnes but under 8 tonnes |
603.82 |
15.89 |
Driver—articulated vehicle |
||
• Makers capacity of under 10 tonnes |
627.76 |
16.52 |
Driver—tow truck |
||
• Class 1 |
603.82 |
15.89 |
• Class 2 and 3 |
603.82 |
15.89 |
• Class 4 |
637.64 |
16.78 |
(a) Driver—commercial vehicle used in the course of the employer’s business:
(i) for each additional complete tonne over 8 tonnes an extra 0.19% of the weekly standard rate per week.
(ii) employees engaged in driving a motor vehicle drawing an empty trailer will be paid an additional 9.36% of the hourly standard rate per day.
(iii) employees engaged in driving a motor vehicle drawing a loaded trailer will be paid an additional 16.92% of the hourly standard rate per day.
(b) Driver—articulated vehicle:
(i) for each additional complete tonne over 10 tonnes an extra 0.18% of the weekly standard rate per week.
(c) Driver—tow truck:
(i) an employee employed as a driver of a tow truck will be paid an additional 2.56% of the weekly standard rate per week.
33.6 Higher Duties
An employee engaged for more than two hours on one day or shift on duties carrying a higher rate than their ordinary classification will be paid the higher rate for such day or shift. If so engaged for two hours or less on one day or shift, they will be paid the higher rate for the time so worked.
33.7 Vehicle industry RS&R—unapprenticed juniors
(a) The minimum weekly rate of wage for a junior employed in the classifications as set out in clause 33.7(b), will be the following:
Age |
% of Level 1 rate |
16 years and under |
47.5 |
17 years |
50.0 |
18 years |
62.5 |
19 years |
75.0 |
20 years |
87.5 |
(b) For the purposes of clause 33.7(a), the following classifications apply:
• Battery repairer
• Car cleaner and/or washer
• Car polisher—by hand
• Detailer
• Driver—courtesy vehicle in relation to sales or sales promotion or in the course of registration or collection from or delivery to customer
• Driveway attendant
• Electroplater—2nd class
• Furnace person other than on cupola
• Grinder and/or buffer metal using portable machine
• Lubritorium attendant
• Machinist (metal)—2nd class
• Office cleaner
• Painter— brush and/or spray on mechanical and/or chassis components
• Painter’s wet rubber
• Parking attendant
• Process worker
• Roadhouse attendant, required to cook takeaway foods
• Salesperson, first six months’ experience
• Service receptionist (not being a tradesperson)
• Sewing machinist
• Spring service worker, spring coiling machinist and spring maker
• Steam cleaner and/or proof coater
• Tradesperson’s assistant
• Tyre fitter
• Vehicle salesperson and/or agricultural vehicle
• Welder—electric spot and buff
(c) The minimum weekly wage rate for a junior employed in the classifications as set out in clause 33.7(d), will be the following:
Age |
% of Level 4 rate |
16 years and under |
47.5 |
17 years |
50.0 |
18 years |
62.5 |
19 years |
75.0 |
20 years |
87.5 |
(d) For the purposes of clause 33.7(c), the following classifications apply:
• Air hammer operator
• Assembler—accessories
• Assembler—body shop
• Assembler and/or wirer
• Automotive serviceperson and/or checker
• Bodymaker—2nd class
• Boiler attendant or fireperson
• Brake serviceperson
• Console operator
• Dent knocker
• Driver of commercial vehicle under 8 tonnes
• Driver of courtesy car or vehicle in relation to sales or sales in the course of registration, collection from or delivery to customer—vehicle with maker’s capacity over three tonnes
• Exhaust repairer
• Fork-lift driver and mobile crane driver
• Furnace person foundry
• Metal finisher
• Press operator over 250 tonnes
• Radiator keeper, as defined
• Rigger
• Road house attendant, if engaged primarily to cook other than takeaway foods
• Salesperson, other
• Security person
• Spotter and/or toucher up
• Storeperson—more than 12 months’ experience
• Storeperson and packer
• Trimmer sectional
• Vehicle salesperson and/or agricultural vehicle salesperson—less than six months’ experience
• Vehicle salesperson and/or agricultural vehicle salesperson, after six months experience
• Welder other than trade using oxy, etc.
• Wheel aligner, other than a tradesperson
• Wheel builder and/or repairer
• Wrecker—automotive
Notwithstanding clause 33.7 the minimum rate to be paid to junior drivers of commercial vehicles and/or tow trucks of this award is as follows:
Age |
% of Level 1 rate |
Under 19 years |
70 |
19–under 20 years |
80 |
20 years and over |
100 |
35. Apprentice wage rates and progression
35.1 A junior or adult apprentice undertaking a full-time or part-time course can advance through an apprenticeship either by completing the required competencies in accordance with agreed training plan entered into by an employee and the registered Training provider and consistent with the regulations of the relevant State or Territory Apprenticeship Training Authority, or by completing each year of service of an apprenticeship.
35.2 Junior apprentices
(a) A junior apprentice is an apprentice who is under 21 years of age.
(b) Wage rates
Year of apprenticeship |
% of Level 6 rate |
Stage 1 or 1st year |
42 |
Stage 2 or 2nd year |
55 |
Stage 3 or 3rd year |
75 |
Stage 4 or 4th year |
88 |
35.3 Adult apprentices
(a) An adult apprentice is an apprentice who is over 21 years of age when commencing an apprenticeship.
(b) Wage rates
Year of apprenticeship |
Award reference |
Weekly wage |
$ | ||
Level 1 or 1st year |
National Training Wage Award—Skill Level B |
See Schedule E |
Level 2 or 2nd year |
Vehicle industry RS&R employee—Level 1 |
543.90 |
Level 3 or 3rd year |
Vehicle industry RS&R employee—Level 2 |
560.50 |
Level 4 or 4th year |
Vehicle industry RS&R employee—Level 3 |
583.00 |
Thereafter |
Vehicle industry RS&R employee–tradesperson or equivalent—Level 6 |
(c) Where a person was employed by an employer in the vehicle industry immediately prior to becoming an adult apprentice with that employer such person will not suffer a reduction in their rate of pay by virtue of becoming indentured.
35.4 School-based apprentices
See Schedule F
35.5 National Training Wage
See Schedule E
36. Casual rates for driveway attendants, roadhouse attendants and console operators
36.1 A person employed on a casual basis principally to perform the duties of a driveway attendant, will be paid as follows:
20 years & over |
19 years |
18 years |
17 years |
16 years & under | |
(adult rate) |
(75%) |
(62.5%) |
(50%) |
(47.5%) | |
$ |
$ |
$ |
$ |
$ | |
Monday to Friday |
18.86 |
14.15 |
11.79 |
9.43 |
8.96 |
Saturdays, Sundays and public holidays |
24.60 |
18.45 |
15.38 |
12.30 |
11.69 |
Overtime for any hours worked in excess of 10 hours per day or an average of 38 hours per week will be paid in addition |
10.51 |
7.88 |
6.57 |
5.26 |
4.99 |
36.2 A person employed on a casual basis principally to perform the duties of a roadhouse attendant (except as in clause 36.3) will be paid as follows:
20 years & over |
19 years |
18 years |
17 years |
16 years & under | |
(adult rate) |
(75%) |
(62.5%) |
(50%) |
(47.5%) | |
$ |
$ |
$ |
$ |
$ | |
Monday to Friday |
19.44 |
14.58 |
12.15 |
9.72 |
9.23 |
Saturdays, Sundays and public holidays |
25.35 |
19.01 |
15.84 |
12.68 |
12.04 |
Overtime for any hours worked in excess of 10 hours per day or an average of 38 hours per week will be paid in addition |
10.83 |
8.12 |
6.77 |
5.42 |
5.14 |
36.3 A person employed on a casual basis principally to perform duties of a console operator, or roadhouse attendant if engaged to primarily cook other than takeaway meals will be paid as follows:
20 years & over |
19 years |
18 years |
17 years |
16 years & under | |
(adult rate) |
(75%) |
(62.5%) |
(50%) |
(47.5%) | |
$ |
$ |
$ |
$ |
$ | |
Monday to Friday |
20.84 |
15.62 |
13.02 |
10.42 |
9.90 |
Saturdays, Sundays and public holidays |
27.09 |
20.32 |
16.93 |
13.55 |
12.87 |
Overtime for any hours worked in excess of 10 hours per day or an average of 38 hours per week will be paid in addition |
11.82 |
8.97 |
7.39 |
5.91 |
5.61 |
37. Ordinary hours of work and rostering
37.1 This clause will not apply to a person principally employed to perform vehicle sales related duties.
37.2 Subject to the exceptions provided in this clause, the ordinary hours of work of an employee will be an average of 38 hours per week on not more than five days in any week, calculated on the following bases:
(a) 38 hours within a work cycle not exceeding seven consecutive days;
(b) 76 hours within a work cycle not exceeding 14 consecutive days;
(c) 114 hours within a work cycle not exceeding 21 consecutive days;
(d) 152 hours within a work cycle not exceeding 28 consecutive days; or
(e) any other work cycle during which a weekly average of 38 ordinary hours are worked or may be determined by agreement between the employer and an employee or employees.
37.3 The commencing time of any employee’s daily hours once fixed may vary from day to day in the week but not by more than two hours and may not be earlier than 4.00 am or later than 12.00 noon.
Provided that in the implementation of the work cycles in clause 37.2, 12 hours will be the maximum number of ordinary hours per day.
(a) By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:
(i) proper health monitoring procedures being introduced;
(ii) suitable roster arrangements being made;
(iii) proper supervision being provided;
(iv) adequate breaks being provided; and
(v) a trial or review process being jointly implemented by the employer and the employees or their representatives.
37.5 Employees on continuous work, (i.e. work which is carried on with consecutive shifts of employees throughout the 24 hours of each of at least five consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer), will work the ordinary hours prescribed in clause 37.2 on a daily basis continuously and will be allowed 20 minutes each shift for crib counted as time worked during these hours
38.1 This clause will not apply to the following employees who work any of their rostered hours on a Saturday:
(a) a person principally employed to perform vehicle sales related duties (for Saturday rates see clause 44);
(b) for casual employees, including casuals principally employed to perform duties of a driveway attendant, console operator or a roadhouse attendant (for Saturday rates see clause 43.6); or
(c) a person engaged as a permanent to perform duties of a driveway attendant, console operator or roadhouse attendant (for Saturday rates see clause 43.3).
38.2 An employee who works any of their ordinary hours on a Saturday will be paid at time and a half.
38.3 An employee who works outside rostered hours on a Saturday will be paid for the hours so worked at the overtime rate prescribed by clause 28—Overtime rates.
38.4 Payments prescribed by this clause will stand alone and will not be included for any other purpose of this award.
39.1 This clause will not apply to the following employees who work any of their rostered hours on a Sunday:
(a) a person employed principally to perform vehicle sales related duties (for Sunday rates see clause 44.5);
(b) for casual employees including casuals principally employed to perform duties of a driveway attendant, console operator or a roadhouse attendant (for Sunday rates see clause 43.6); or
(c) a person engaged as a permanent to perform duties of a driveway attendant, console operator or roadhouse attendant (for Sunday rates see clause 43.3).
39.2 An employee who works any of their ordinary hours on a Sunday will be paid at the rate of double time for the hours so worked.
39.3 An employee who works outside their rostered hours on a Sunday will be paid for the hours so worked at the rate prescribed by clause 28—Overtime rates.
39.4 Payments prescribed by this clause will stand alone and will not be included for any other purpose of this award.
40.1 Public holidays are provided for in the NES.
40.2 This clause will not apply to the following employees who work any of their ordinary hours on a public holiday:
(a) persons principally employed to perform vehicle sales related duties (for public holiday rates see clause 44.4(c)); or
(b) casuals and persons principally employed to perform duties of a driveway attendant, console operator or road house attendant (for public holiday rates see clause 43.3(c)).
40.3 An employee who works any of their ordinary hours on a public holiday of this award will be paid at the rate of time and a half for the period worked in addition to the ordinary rate.
40.4 An employee who works outside their rostered hours on a public holiday will be paid for the hours so worked at the overtime rate prescribed by clause 28—Overtime rates (at the rate of double time and a half).
40.5 Payments prescribed for ordinary hours of work performed on public holidays will stand alone and will not be included for any other purposes of this award.
41.1 The rates hereunder do not apply to the following casual employees:
(a) those principally employed to perform vehicle sales related duties; or
(b) driveway attendant, console operator, roadhouse attendant.
Casual employees will be paid per hour 1/38th of the weekly wage prescribed by clause 33—Classification and minimum weekly wages for the work they perform plus a loading as set out in the following table:
% loading | |
Monday to Friday between 6.00 am and 6.00 pm |
25 |
Monday to Friday between 6.00 pm and 6.00 am |
50 |
Saturdays at any time |
75 |
Sundays at any time |
125 |
Public holidays at any time |
175 |
Overtime |
% loading |
The first three hours |
75 |
Thereafter |
125 |
41.2 The loadings prescribed in clause 41.1 will not be cumulative and in any case where more than one loading applies the employee will be entitled to the highest of the applicable rates.
42.1 This clause will not apply to:
(a) a casual employee principally employed to perform duties of a driveway attendant, console operator, or a roadhouse attendant; or
(b) a person employed principally to perform vehicle sales related duties.
42.2 An employee working on afternoon or night shift will except on a Saturday, Sunday or a public holiday be paid in addition to the ordinary rate, an amount equal to the following relevant percentage of the ordinary rate:
A.1.1 Shift |
A.1.2 % loading |
A.1.3 If working on night shift only |
A.1.4 30 |
A.1.5 If working on afternoon shift only |
A.1.6 18 |
A.1.7 If working on alternating afternoon and night shifts |
A.1.8 20 |
A.1.9 If working on alternating day and night shifts |
A.1.10 12.5 for the night shift |
A.1.11 If working on alternating day, afternoon and night shifts |
A.1.12 12.5 for the afternoon and night shifts |
A.1.13 If working on alternating day and afternoon shifts |
A.1.14 12.5 for the afternoon shift |
42.3 An employee engaged on an afternoon or night shift which does not continue for at least five successive working days or such shorter work cycle as may be worked pursuant to clause 37—Ordinary hours of work and rostering, will be paid at the rate of time and a half for each such shift.
42.4 Except at regular changeover of shift, an employee will not be required to work more than one shift in each 24 hours.
42.5 For the purposes of this clause:
(a) afternoon shift means a shift commencing after noon and not later than 6.00 pm
(b) night shift means a shift commencing after 6.00 pm and not later than 4.00 am
Payments prescribed by this clause will stand alone and will not be included for any other purpose of this award.
42.6 Daylight saving
(a) Notwithstanding anything contained elsewhere in this award, in any area where by reason of the legislation of a Federal, State or Territory summer time is prescribed as being in advance of the standard time of that Federal, State or Territory the length of any shift:
(i) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and
(ii) commencing on or before the time prescribed by such legislation for the termination of a summer time period;
will be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of a shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the relevant Federal, State or Territory legislation.
(b) In this subclause the expressions standard time and summer time will bear the same meanings as are prescribed by the relevant Federal, State or Territory legislation.
43. Special provision—driveway attendant, console operator and roadhouse attendant
43.1 Hours of work
(a) For a person employed on a weekly, part-time or casual basis to principally perform duties of a driveway attendant, console operator or a roadhouse attendant as defined, the ordinary hours prescribed by clause 37.2 will be worked at the option of the employer in either of the following ways:
(i) continuously, on a daily basis except for meal and morning or afternoon tea breaks at the discretion of the employer; or
(ii) continuously, on a daily basis, with 20 minutes during such hours each day or shift for crib, whilst maintaining customer service. The 20 minute crib break will be counted as time worked.
(b) A driveway attendant or console operator who is working alone is entitled to close and secure the work site so as to attend the toilet.
(c) Provided that in the case of a person employed on a part-time or casual basis principally to perform the duties of a driveway attendant, console operator or a roadhouse attendant clauses 43.1(a)(i) and (ii) will not apply unless the time worked on any day has exceeded five hours.
43.2 Prohibited employees
A junior employee under the age of 18 years will not work unsupervised between the hours of 7.00 pm and 9.00 pm and must not be employed between the hours of 9.00 pm and 6.30 am.
43.3 Ordinary hours worked on Saturdays, Sundays and public holidays
Permanent employees principally engaged to perform the duties of a driveway attendant, console operator or a roadhouse attendant will be paid as follows:
(a) Saturday work—ordinary time until noon, time and a half thereafter;
(b) Sunday work—time and one half; and
(c) public holidays—ordinary time for the period worked in addition to the ordinary rate of pay.
43.4 Overtime on public holidays
Permanent employees principally engaged to perform the duties of a driveway attendant, console operator or a roadhouse attendant when required to work overtime on a public holiday will be paid the rate of double time.
43.5 Minimum payment for overtime on a Sunday or a public holiday
An employee required to work overtime on a Sunday or on a public holiday must be paid for a minimum of three hours work at the appropriate rate.
A casual employed as a driveway attendant, roadhouse attendant, console operator or roadhouse attendant engaged primarily to cook other than takeaway meals will be paid by the hours in accordance with the casual rates prescribed in clause 36.
44. Special provisions—persons employed principally to sell vehicles
44.1 Hours of work—full-time employment
(a) A vehicle salesperson will be allowed one and a half days free of duty per week or by mutual agreement three full days per fortnight.
44.2 Hours of work—part-time employment
(a) A part-time vehicle salesperson:
(i) will work a regular number of days not less than two per week; and
(ii) will be paid a proportion of the weekly wage on a pro rata basis.
(b) A part-time vehicle salesperson will be entitled to the same pro rata entitlements as a full-time salesperson in respect of annual leave, public holidays, personal/carer’s leave and make-up pay on a proportionate basis calculated on the number of hours worked.
44.3 Casuals
A casual employed as a vehicle salesperson will be paid 1/38th of the weekly rate for a vehicle salesperson in clause 33.4 plus 25% with an additional payment of 100% of the standard hourly rate per hour for work performed on a Sunday. Work on a public holiday will be paid at 1/38th of the weekly rate plus a 175% loading.
44.4 Payment for work on public holidays and days off
(a) All work done by a vehicle salesperson on the instruction of an employer on a nominated rostered day or half-day off will be paid for at the rate of double time.
(b) double time will mean:
(i) if more than half a day is worked, two fifths of the salesperson’s weekly rate of pay prescribed in clause 33.4 (adult rates) or clause 33.7 (junior rates); and
(ii) if half a day or less is worked, one fifth of the salesperson’s weekly rate of pay prescribed in clauses 33.4 and 33.7.
(c) All work done by a vehicle salesperson on the instruction of an employer on a public holiday will be paid for at the rate of double time and a half.
(d) For the purpose of this subclause, double time and a half will mean:
A vehicle salesperson required by an employer to work on a Sunday other than a Sunday which is the normal rostered day off will be paid in addition to the ordinary rate as follows:
(a) if more than half a day is worked—20% of the standard weekly rate; or
(b) half a day or less is worked—10% of the standard weekly rate.
44.6 Travelling expenses
A vehicle salesperson whose duties necessitate staying overnight away from their usual residence will be reimbursed expenses reasonably incurred in performing duties associated with the role.
44.7 Meal allowance
(a) A vehicle salesperson required to be on duty at a motor show, agricultural show or similar exhibition either over the evening meal period or on a public holiday will be paid $12.80 for each evening meal and $12.80 for the midday meal on the public holiday.
(b) A vehicle salesperson required to work at a showroom or car yard for more than two hours after 6.00 pm on any day without being notified on the previous day or earlier that they would be required to work will either be supplied with a meal by an employer or paid $12.80. Such payment need not be made to an employee living in the same locality as their workplace who can reasonably return home for meals.
(a) Where any vehicle salesperson is provided with a motor vehicle for use in the performance of duties associated with the role, no deduction will be made from the wages payable to the vehicle salesperson under clauses 33.4 or 33.7 on account of such use.
(b) A vehicle salesperson engaged on terms which require use of their own vehicle will be reimbursed on a basis not less favourable to the salesperson as follows:
(i) for motor vehicles up to and including 20 hp an overhead cost allowance of $166.20 per week, plus a weekly amount calculated at the rate of $0.19 per kilometre for the actual distance travelled by the employee’s car each week in connection with their employment;
(ii) for motor vehicles over 20 hp an overhead cost allowance of $184.70 per week, plus a weekly amount calculated at the rate of $0.22 per kilometre for the actual distance travelled by the employee’s car each week in connection with their employment;
for the purpose of clauses 44.8(b)(i) and (ii) distance travelled to and from the place where the vehicle customarily is housed will be regarded as travel in connection with the employment.
(c) The overhead cost allowances prescribed by clauses 44.8(b)(i) and (ii) will be paid during each week of the calendar year except in respect of periods:
(i) when a vehicle salesperson is absent from duty without the consent of the employer;
(ii) in excess of three consecutive weeks when the vehicle is unavailable due to accident or mechanical defect; or
(iii) in excess of a total of three complete weeks in any one year due to personal illness or incapacity of the salesperson, provided that any such claim for any period of less than one week will not be taken into account for the purpose of this clause.
(d) Other than in cases of termination of employment, four weeks’ notice will be given to a salesperson by the employer that the salesperson is no longer required to provide their own vehicle.
(e) In the cases of casual use by any vehicle salesperson of their own vehicle in the course of their duties and by agreement with their employer, the salesperson will be reimbursed at the rate of not less than $0.74 per kilometre.
44.9 Payment of commission
(a) Payment of commission, if any, to a vehicle salesperson may be negotiated between the salesperson and their employer subject to the following provisions:
(i) the basis on which commission will be paid will be committed to writing and a copy given to a vehicle salesperson within 21 days of them commencing employment and such basis will not be altered except by mutual consent or by a week’s notice in writing from the employer to a salesperson;
(ii) an employer will comply with clause 44.9(a)(i) within 21 days of such date;
(iii) an employer will within 21 days after the last day of each month furnish a vehicle salesperson with all relevant particulars of vehicles delivered and commission earned during the preceding month and thereupon such commission or any balance thereof will be payable;
(iv) commission will be deemed to accrue upon the delivery of a vehicle to the customer;
(v) where a sale is effected as a result of the efforts of two or more vehicle salespersons, the commission payable in respect of such sale will be divided between them in such proportion as they may mutually agree;
(vi) where the employment of a vehicle salesperson terminates prior to the delivery of a vehicle for which they would otherwise be entitled to commission, provided the vehicle is delivered within three months of the termination they will be paid two thirds of the commission they would otherwise have received;
(vii) where the employment of a vehicle salesperson terminates, the commission to which the vehicle salesperson is entitled in respect of vehicles which have already been delivered will be paid to them within 14 days of such termination; and
(viii) any sum payable under an agreement made pursuant to this subclause will be deemed to be payable under this award.
44.10 Calculation of wages
For the purpose only of determining payment for personal leave, compassionate leave, deduction for unauthorised absences, wage calculation on termination of employment and casual rates, the hourly rate will be 1/38th of either the adult or junior weekly rate as the case may be.
Section 2—Vehicle manufacturing employees
45. Classification and minimum weekly wages
45.1 Adult employees, other than employees paid as casuals, apprentices and juniors, and under the supported wage will be entitled to receive the award rate of pay for the relevant classification as set out in this clause.
45.2 All adult employees (other than apprentices) covered by this section must be classified according to the structure set out in clause 45.4 and according to the skill levels and duties required to be exercised by the employer in order to carry out the principal functions of the employment as determined by the employer. The skill level definitions, according to which employees are to be classified, are set out in Schedule C—Vehicle Manufacturing Employees—Skill Level Definitions.
45.3 Employers must advise each employee in writing of the classification and of any subsequent changes to their classification.
An adult employee in the classification (wage group level) specified in the table below will be paid the respective minimum weekly classification rate of pay assigned to the wage group concerned.
Classification |
Wage group level |
Weekly rate |
Hourly rate |
$ |
$ | ||
Vehicle industry/production employee Level 1 |
V1 |
543.90 |
14.31 |
Vehicle industry/production employee Level 2 |
V2 |
560.50 |
14.75 |
Vehicle industry/production employee Level 3 |
V3 |
583.00 |
15.34 |
Vehicle industry/production employee Level 4 |
V4 |
603.90 |
15.89 |
V5 |
637.60 |
16.78 | |
Vehicle industry tradesperson—Level II |
V6 |
658.50 |
17.33 |
Vehicle industry tradesperson—Level III |
V7 |
679.30 |
17.88 |
Vehicle industry tradesperson—Level IV |
V8 |
699.96 |
18.42 |
Vehicle industry tradesperson—Level V |
V9 |
734.90 |
19.34 |
Vehicle industry tradesperson—Level VI |
V10 |
750.50 |
19.75 |
Vehicle industry engineering associate—Level I |
V11 |
771.20 |
20.29 |
Vehicle industry engineering associate—Level II |
V12 |
812.90 |
21.39 |
Vehicle industry leading technical officer & Principal engineering trainer/supervisor/co-ordinator |
V13 |
833.80 |
21.94 |
Vehicle industry principal technical officer |
V14 |
871.50 |
22.93 |
Driver classifications |
|||
Vehicle industry driver—Level I |
D1 |
612.20 |
16.11 |
Vehicle industry driver—Level II |
D2 |
619.70 |
16.30 |
Vehicle industry driver—Level III |
D3 |
627.70 |
16.52 |
Vehicle industry driver—Level IV |
D4 |
637.10 |
16.77 |
45.5 The weekly wage rates for a Trainer/supervisor/co-ordinator—Level I and Level II, as defined in Schedule C—Vehicle Manufacturing Employees—Skill Level Definitions will be:
Trainer/supervisor/co-ordinator
(a) Level 1—not less than 122% of the highest rate paid to those supervised.
(b) Level 2—not less than 115% of the highest rate paid to those supervised.
45.6 Relationship of classification structure to definitions
The classification structure listed above will be read in conjunction with the definitions and classifications set out in Schedule C—Vehicle Manufacturing Employees—Skill Level Definitions and have regard where relevant with the additional definitions listed in clause 3.2.
45.7 Phasing in of wage rate of employees without relevant work experience
(a) An employee who possesses the appropriate level of academic qualifications and who is without prior experience in the industry or other relevant work experience will be paid in accordance with the following formula:
Qualification |
Years of relevant work experience |
% of relevant pay rate |
National Diploma |
0
|
77% of V10 rate
|
National Advanced Diploma |
0
|
72% of V12 rate
|
(b) An employee commencing work in technical fields who is without the appropriate qualification for V5 classifications or above (or who is undertaking training in the qualifications prescribed) and who has not met the equivalent standard in accordance with the classification structure but who otherwise meets the requirements of the relevant classification definition will be paid in accordance with the following formula:
Years of relevant work experience |
% of V6 rate of pay |
0 |
83 |
1 |
88 |
2 |
95 |
3 |
100 |
(c) Employees not elsewhere provided for in this clause will receive the rate prescribed for the Vehicle industry/production Level 1 prescribed in clause 45.4.
An employee so engaged will be paid per hour 1/38th of the weekly rate prescribed by clause 45.4 for the classification in which the employee is engaged.
A casual employee employed under this Section for working ordinary time will be paid per hour 1/38th of the weekly rate prescribed by the relevant classification in clause 45.4 or the work so performed plus 25% which will be a part of the employee’s all purpose rate.
48.1 The minimum wages for an apprentice other than an adult apprentice, is as set out in the following table, provided that progression through the stages set out in this table is in accordance with clause 49—Conditions for progression through each stage.
Year of apprenticeship |
% of Level V5 rate |
1st year |
42 |
2nd year |
55 |
3rd year |
75 |
4th year |
88 |
48.2 An employee who is under 21 years of age at the expiration of their apprenticeship and thereafter works as a minor in the occupation in which they have been apprenticed will be paid at not less than the adult rate prescribed by this award for that classification.
49. Conditions for progression through each stage
A junior or adult apprentice undertaking a full-time or part-time course can advance through an apprenticeship either by completing the required competencies in accordance with or agreed training plan entered into by an employee and the registered training provider and consistent with the regulations of the relevant State or Territory apprenticeship training authority, or by completing each year of service of an apprenticeship.
50. Higher engineering tradesperson
For the trade of higher engineering tradesperson the following will apply:
50.1 the period of the apprenticeship will be four years or such other period as is approved by an apprenticeship authority on the basis of an approved competency based training program;
50.2 apprentices in their first, second and third years are to be paid at a rate equivalent to that applying to an apprentice engineering tradesperson;
50.3 apprentice higher engineering tradespersons in their fourth year are to be paid a rate of 88% of the V7 rate;
50.4 the classification on completion of apprenticeship will be as a minimum V5. Where the apprentice is offered employment at the completion of their apprenticeship and such employment is in the area of the apprenticeship training, such that they are exercising or will be required to exercise the skills and knowledge gained during their apprenticeship necessary for a V7 level of work they will be classified at V7; and
50.5 the training program for each apprentice is to be consistent with the minimum training requirement for the classification of V7 special class tradesperson and is to have an off-the-job training structure of six core modules, 10 stream modules and 14 elective modules.
51. Adult apprentice wage rates
51.1 A person employed by an employer under this award in the vehicle industry immediately prior to entering into a training agreement as an adult apprentice with that employer, will not suffer a reduction in their rate of pay by virtue of entering into the training agreement.
51.2 For the purposes only of fixing a rate of pay the adult apprentice will continue to receive the rate of pay that is from time to time applicable to the skill level classification or class of work specified in this clause, in which the adult apprentice was engaged immediately prior to becoming indentured.
51.3 Subject to clauses 51.1 and 51.2 the minimum rate of pay of an adult apprentice will be as follows:
Year of apprenticeship |
Award reference |
Total weekly rate payable |
$ | ||
1st year |
National Training Wage Award—Skill Level B exit rate |
|
2nd year |
Vehicle industry/production employee Level 1—V1 |
543.90 |
3rd year |
Vehicle industry/production employee Level 2—V2 |
560.50 |
4th year |
Vehicle industry/production employee Level 3—V3 |
583.00 |
51.4 The rates prescribed in clause 51.3 are based on the classification and wage structure specified in clause 45.4 as varied from time to time, except for 1st year/Level 1 as outlined above.
52.1 The minimum weekly wage for an unapprenticed junior employee will be an amount equal to the undermined relevant percentage of the ordinary total weekly wage prescribed by this award for the Vehicle industry/production employee—Level 1 (V1) in clause 45.4.
Age |
% of Level V1 rate |
Under 16 years |
35.0 |
At 16 years |
45.0 |
At 17 years |
55.0 |
At 18 years |
65.0 |
At 19 years |
78.5 |
At 20 years |
95.0 |
52.2 Except as provided in clause 14.2 unapprenticed junior workers may be employed in any occupation covered by this award.
53. Ordinary hours of work and related matters
53.1 Ordinary hours of work—dayworkers
(a) Subject to clause 53.3 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.
(b) Ordinary hours of work may be worked on any day Monday to Friday and between 7.00 am and noon on Saturday. In localities where the recognised half holiday is on a day other than Saturday, the day so recognised may be substituted for Saturday for all purposes of this award.
(c) Ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (i.e. 6.00 am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or in appropriate circumstances, between the employer and an individual employee.
(d) All work performed outside the spread of hours is to be paid at overtime rates and will be deemed, for the purposes of this subclause, to be part of the ordinary hours of work.
53.2 Maximum daily ordinary hours
The ordinary hours of work prescribed herein will not exceed 10 on any day. Provided that in any arrangement of ordinary hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours will be subject to agreement between an employer and the majority of employees.
53.3 Methods of arranging ordinary working hours
(a) Subject to the employer’s right to fix the daily hours of work for day workers from time-to-time within the spread of hours referred to in clause 53.1(c) and the employer’s right to fix the commencing and finishing time of shifts from time-to-time, the arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned.
(b) Matters upon which agreement may be reached include:
(i) how the hours are to be averaged within a work cycle established in accordance with clauses 53.1 and 53.2;
(ii) the duration of the work cycle for day workers provided that such duration will not exceed three months;
(iii) rosters which specify the starting and finishing times of working hours;
(iv) a period of notice of a rostered day off which is less than four weeks;
(v) substitution of rostered days off;
(vi) accumulation of rostered days off;
(vii) arrangements which allow for flexibility in relation to the taking of rostered days off; and
(viii) any arrangements of ordinary hours which exceed eight hours in any day.
53.4 Rostered days off
Except as provided in clause 53.5, in cases where, by virtue of arrangement of ordinary working hours an employee is entitled to a day off during the work cycle, such employee will be advised by the employer at least four weeks in advance of the weekday they are to take off. Provided that:
(a) the parties agree to flexibility in the arrangement and operation of working hours; and
(b) in any particular section, the rostered day off will be arranged such that they are to be taken on each of the Fridays or Mondays in the work cycle.
In such cases, the rostered day off can, subject to agreement between the parties involved, be taken before the next rostered day off becomes due.
(a) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off for another 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.
(b) An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.
54. Shiftwork and penalty rates
54.1 Hours of work—continuous work shifts
(a) For the purposes of this clause and clause 54.3 continuous work means work carried out on consecutive shifts throughout the 24 hours of each of at least five consecutive days without interruption except during breakdowns or meal breaks (if any).
(b) An employee working on continuous work shifts will work up to six shifts per week as may be required.
(c) This subclause will apply to shiftworkers on continuous work as defined in clause 54.1(a). The ordinary hours of continuous shiftworkers will average 38 per week inclusive of crib time and will not exceed 152 hours in 28 consecutive days. Provided that where the employer and the majority of employees agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.
(d) Subject to clause 54.1(e) continuous shiftworkers will work at such times as the employer may require.
(e) A shift will consist of not more than 10 hours inclusive of crib time. Provided that:
(i) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours will be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned;
(ii) except at the regular change over of shifts an employee will not be required to work more than one shift in each 24 hours;
(iii) 20 minutes will be allowed to shiftworkers each shift for crib which will be counted as time worked; and
(iv) the ordinary hours will be worked continuously except for meal breaks.
54.2 Hours—other than continuous work shifts
(a) This subclause will apply to shiftworkers not on continuous work as defined in clause 54.1(a) and subject to clause 53.3 the ordinary hours of work will be an average of 38 per week but not exceeding 152 hours within a period not exceeding 28 consecutive days.
(b) Provided that where the employer and the majority of employees agree a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days.
(c) The ordinary hours will be worked continuously except for meal breaks at the discretion of the employer. An employee will not be required to work for more than five hours without a break for a meal.
(d) Except at regular changeover of shifts, an employee will not be required to work more than one shift in each 24 hours provided that:
(i) the ordinary hours of work prescribed above will not exceed 10 hours on any day; and
(ii) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours will be subject to agreement between the employer and the majority of employees in the plant or work station or sections concerned.
(a) For the purposes of this award:
(i) afternoon shift means a shift commencing not later than 6.00 pm on any day.
(ii) night shift means a shift commencing at any time after 6.00 pm on any day.
(b) An employee working on an afternoon or night shift (other than a continuous work shift as defined in clause 54.1(a)):
(i) which does not continue for five successive working afternoons or nights or more in a five day workshop or six successive afternoons or nights or more in a six day workshop or for at least the number of ordinary hours prescribed by one of the alternative arrangements in clauses 54.1(c) and 54.1(e)(iv) of this clause will be paid at the rate of time and a half for each such shift;
(ii) which has been in operation for five successive afternoons or nights or more in a five day workshop or six successive afternoons or nights or more in a six day workshop will be paid in addition to the ordinary rate an amount equal to the following relevant percentage of their ordinary rate:
• 30% for working on night shift only;
• 18% for working on alternating night and afternoon shifts;
• 12.5% for the night shift working on alternating day and night shifts;
• 18% for working on afternoon shift only;
• 12.5% for the afternoon shift working on alternating day and afternoon shifts; or
• 12.5% for the afternoon and night shifts working on alternating day, afternoon and night shifts.
(c) The extra rates prescribed above will be payable only when shifts are changed once in every three weeks or shift cycle agreed pursuant to clause 53.1(d) or clause 53.3, otherwise the extra rates prescribed for night shifts and afternoon shifts will apply.
(d) An employee working continuous work shifts will whilst on an afternoon or night shift be paid in addition to the employee’s ordinary rate an amount equal to 12.5% of ordinary rate.
(e) The minimum rate to be paid to a shiftworker for work performed between midnight on Friday and midnight on a Saturday will be time and a quarter. Such rate to be in substitution for and not cumulative upon the shift premiums prescribed in clauses 54.3(b)(ii) and (c).
(f) Payment prescribed by this clause will stand alone and will not be included for any other purposes of this award.
55. Sundays and public holidays
55.1 Crib break
(a) An employee working on a Sunday or a public holiday for more than nine and a half hours will at the end of eight hours be allowed a crib break of 20 minutes which will be paid for at the ordinary rate.
(b) An employee working on a Sunday or a public holiday for more than eight hours will be allowed a crib break of 20 minutes without deduction of pay after each four hours worked beyond eight hours providing the employee continues work after such crib break.
(c) An employer and employee may agree to a variation of this subclause to meet the circumstances of the work in hand; provided that the employer will not be required to make any payment in respect of any time allowed in excess of 20 minutes.
55.2 Rest period to follow
An employee (other than a casual employee) not engaged on continuous work who works on a Sunday or a public holiday and (except for meal breaks) immediately thereafter continues such work will, on being relieved from duty, be entitled to be absent until the employee has had 10 consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during such absence.
55.3 Payments to stand alone
Payments prescribed by this clause will stand alone and will not be included for any other purposes of this award.
55.4 Minimum payment—maintenance employees
(a) An employee, other than one on shiftwork, or other than one engaged in maintaining the continuity of electric light or power, required to work on a public holiday will be paid for a minimum of four hours work at the appropriate rate.
(b) An employee required to work on a holiday in connection with the maintenance of the continuity of electric light or power will be paid for a minimum of one hour at the appropriate rate in addition to the time reasonably occupied in getting to and from work which will be counted as time worked except where the work occupies more than two hours. This subclause will not apply in cases where by mutual consent it is customary for an employee to return to the employer’s premises to perform a specific job outside the employee’s ordinary working hours, nor where such work is continuous with overtime commenced on the previous day.
55.5 Penalty rates for Sunday work
(a) Where an employee works on a Sunday, the work done will be paid for at the rate of double time.
(b) A shift commencing before 10.45 pm on a Sunday will be regarded as a Sunday shift and all work done during that shift will be paid for at the rate of double time.
(c) A shift commencing at 10.45 pm or between 10.45 pm and midnight on a Sunday will not be regarded as a Sunday shift and work done during that shift will not entitle an employee to the Sunday rate.
(d) A shift commencing before midnight on the day preceding a Sunday and extending into the Sunday will be regarded as Sunday shift and all work done during that shift will be paid for at the rate of double time.
55.6 Penalty rates for public holiday work
(a) An employee who works on a public holiday will be paid for that work at the rate of double time and a half.
(b) A shift commencing before 10.45 pm on a public holiday will be regarded as a public holiday shift and all work done during that shift will be paid for at the rate of double time and a half.
(c) Except as provided in clause 55.6(e) a shift commencing at 10.45 pm or between 10.45 pm and midnight on a public holiday will not be regarded as a public holiday shift and work done during that shift will not entitle an employee to the public holiday rate.
(d) Except as provided in paragraph 55.6(e) a shift commencing before midnight on the day preceding a public holiday and extending into the public holiday will be regarded as a public holiday shift and all work done during that shift will be paid for at the rate of double time and a half.
(e) Notwithstanding clauses 55.6(c) and (d) where an employee is rostered for a shift which terminates on a public holiday and a shift which commences on the same public holiday, one shift only will be regarded as the public holiday shift and such shift will be the one, the major portion of which falls on the public holiday.
(f) For the purpose of this clause public holiday means a day provided for in clause 32—Public holidays.
55.7 Travelling, transport and fares
(a) Where an employee is required to work at a job away from the accustomed workshop or depot at the direction of the employer and who presents for work at such job at the usual starting time will:
(i) be paid travelling time for all time reasonably spent in reaching and returning from such job (in excess of the time normally spent in travelling from home to such workshop or depot and returning); and
(ii) any fares reasonably incurred in excess of those normally incurred in travelling between home and such workshop or depot.
(b) An employee who, with the approval of the employer, uses their own means of transport for travelling to or from outside jobs will be paid the amount of excess fares which would have been incurred in using public transport unless there is an arrangement with the employer for a regular allowance.
55.8 Transfers involving change of residence
(a) An employee:
(i) engaged in one locality to work in another; or
(ii) sent, other than at the employee’s own request, from the usual locality to another for employment which can reasonably be regarded as permanent, involving a change of residence,
will be paid travelling time whilst necessarily travelling between such localities and, for a period not exceeding three months, expenses.
(b) Provided that such expenses will cease after taking up permanent residence or abode at the new location.
(c) An employee sent from the usual locality to another (in circumstances other than those prescribed above) and required to remain away from the usual place of abode will be paid travelling time whilst necessarily travelling between such localities and expenses whilst so absent from the usual locality.
(d) The rate of pay for travelling time will be ordinary rates except on a Sunday or any public holiday prescribed in this award when it will be time and a half.
(e) The maximum travelling time to be paid for will be 12 hours out of every 24 hours or, when a sleeping berth is provided by the employer for all night travel, eight hours out of every 24 hours.
(a) Expenses for the purpose of this clause means all fares reasonably incurred. For boat travel the fares allowed will be first class on coastal boats and on interstate boats where there is no second class as distinct from steerage, and for rail travel second class except where all night travelling is involved when they will be first-class with sleeping berth where available.
(b) Reasonable expenses incurred whilst travelling include $9.95 for each meal taken.
56. Security staff—special conditions
56.1 Application
Clause 56—Security staff—special conditions will apply instead of the rates prescribed for the clauses below:
(a) shiftwork (clause 54.3);
(b) Sunday and public holiday work (clause 55);
(c) penalty rates for Sunday work (clause 55.5);
(d) penalty rates for public holiday work (clause 55.6), and
(e) higher duties (clause 33.5).
(a) Except as provided in clauses 56.2(b) and (c), security staff whilst on afternoon or night shift as defined in clause 54.3 will be paid whilst so engaged in addition to the ordinary rate an amount equal to 15% of such rate.
(b) Except as provided in clauses 56.2(a) and (c), security staff employed on an afternoon or night shift which does not continue for at least five successive afternoons or nights in a five day workshop or for at least six successive afternoons or nights in a six day workshop will be paid whilst so engaged at the rate of time and a half.
(c) Except as provided in clauses 56.2(a) and (b), security staff engaged on shiftwork who:
(i) during a period of engagement on shift, work night shift only;
(ii) remain on night shift for a longer period of four consecutive weeks; or
(iii) work on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of the working time off night shift in each shift cycle,
will be paid, for all time worked during ordinary hours in each such night shift during such engagement period or cycle, at the rate of 30% extra.
56.3 Saturday and Sunday work
The following rates will be paid to security staff in respect of work done by them on a shift the major part of which falls on a Saturday or Sunday:
(a) Saturday shift—time and a half; and
(b) Sunday shift—time and three quarters for the first eight hours and double time thereafter.
Section 3—Drafting, planning and technical employees
Section 3 will have the coverage set out in clause 4—Coverage in respect to employees engaged in the technical field according to the following definitions.
57.1 Definitions
(i) production planning, including scheduling, work study and estimating materials, handling systems and like work.
(ii) technical including inspection, quality control, supplier evaluation, laboratory, non-destructive testing, technical purchasing, and design and development work (prototypes, models, specifications) in both product and process areas and like work.
(iii) design and drafting and like work.
(b) Or equivalent means:
(i) any training which a registered provider (e.g. TAFE), or by a State Recognition authority which has been recognised as equivalent to an accredited course for this level. This can include advanced standing through recognition of prior learning and/or overseas qualifications; or
(ii) where competencies meet the requirements as agreed by the parties for the level.
(c) Work within the scope of this level means for an employee who does not hold a qualification listed as a minimum training requirement, the employee will apply skills within the enterprise selected in accordance with the competencies agreed by the parties for this level.
(d) Engineering associate is a generic term which includes engineering associates; technical officers in a wide range of disciplines including laboratories and quality assurance; drafting officers, planners and other para-professionals.
(e) Engineering streams means the electrical/electronic; fabrication; and mechanical engineers stream. The streams are defined as:
(i) electrical/electronic stream—including the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all electrical and electronic devices systems, equipment and controls, e.g. electrical wiring, motors, generators, PLCs and other electronic controls, instruments, refrigeration, telecommunications, radio and television, communication and information processing;
(ii) mechanical stream—including the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all mechanical equipment, machinery, fluid power systems, automotive mechanics, instruments, refrigeration and the use of related computer controlled equipment, e.g. Computer Numeric Controlled machine tools; or
(iii) fabrication stream—including fabrication, forging, carpentry, plumbing, founding, structural steel erection, electroplating, metal spinning, metal polishing, sheet metal work and the use of related computer controlled equipment. This includes fabrication in all metals, plastics, carbon fibre, composite materials, ceramics and other materials.
Subject to the exemptions and exceptions prescribed in clause 57.2 of this Section, Section 3 applies to all employees who are engaged in any of the classifications, occupations, industry or calling specified in this award in Schedule C—Vehicle Manufacturing Employees—Skill Level Definitions.
57.2 Exemptions from this Section
Persons mainly engaged in the supervision of employees where such employees are outside the coverage of this award.
57.3 Relationship with Section 2
The provisions of Section 2 of this award do not apply to employees covered by Section 3, except where specified otherwise in Section 3.
57.4 Casual employment
(a) Clause 47—Casual rates of Section 2 applies to employees covered by Section 3 except that casual employees under Section 3 are entitled to a casual loading of 17.5% and, in addition, are entitled to annual leave and annual leave loading on a pro rata basis, provided that a casual loading of 25% may apply instead of these entitlements.
(b) An employer, must on engagement settle with the employee whether the alternative entitlement of a casual loading of 25% will apply to the employee and record this decision. Any change to the original entitlement should only be by mutual agreement and placed on the employee’s record.
58. Rates of pay and related matters
The following provisions of this award apply to employees covered under Section 3:
(a) Schedule C—Vehicle Manufacturing Employees—Skill Level Definitions;
(b) Clause 3.2—Additional definitions—Non-trade, trade and post trade;
(c) Clause 45.4—Minimum wage rates;
(d) Clause 19.9—First aid qualifications;
(e) Clause 55.7—Travelling, transport and fares;
(f) Clause 55.8—Transfer involving change of residence;
(g) Clause 55.9—Expenses;
(h) Clause 19.5—Meal allowance;
(i) Clause 46—Part-time rates;
(j) Clause 47—Casual rates;
(k) Schedule D—Supported wage rates;
(l) Clause 24—Payment of wages; and
(m) Clause 25—Superannuation.
58.2 Notification of classification
(a) The employer will advise an employee of their classifications within two weeks of being engaged under Section 3 or being promoted to a position within the scope of Section 3.
(b) A person may acquire a relevant qualification for employment:
(i) whilst already employed and appropriately classified under this award, as provided in clause 45—Classification and minimum weekly wages; or
(ii) prior to being employed and appropriately classified under this award, as provided in clause 45—Classification and minimum weekly wages:
58.3 Phasing in of wage rates for employees without relevant work experience
(a) The provisions below apply in addition to clause 45.4 of Section 2:
(b) An employee commencing work in technical fields who is without the appropriate qualification for V5 classifications or above (or who is undertaking training in the qualifications prescribed) and who has not met the equivalent standard in accordance with clause 45.4 of the award but who otherwise meets the requirements of the relevant classification definition will be paid in accordance with the following table:
Years of relevant work experience |
% of V6 rate |
0 |
83 |
1 |
88 |
2 |
95 |
3 |
100 |
58.4 Lower grade and higher grade duty
(a) An employee who is called upon to perform work of a lower grade than that in which they are normally engaged, will suffer no reduction of salary on that account.
(b) An employee who is called upon to perform work of a higher grade than that in which they are normally engaged, will be paid for the time so employed at the rate of the first year of the grading of the employee whose duties they are performing.
(a) Definition
A trainee will mean an employee of less than 21 years of age who is undergoing, and proves to the satisfaction of the employer when requested that they are continuing, a certificate course appropriate to their work prescribed by the appropriate education department in each State or Territory or any course of at least equivalent thereto.
(b) Rates of pay
Trainees will receive, as minimum rates of pay, the following percentages of the weekly award rate for classification V6 level in the area where employed, as prescribed in clause 45.4 of Section 2:
Years of age |
% of V6 rate |
17 years and under |
52.5 |
18 years of age |
62.6 |
19 years of age |
75.7 |
20 years of age |
88.8 |
(c) Payment of fees
(i) A trainee who attends in any one year not less than 80% of the maximum possible attendances of the approved course at the training institution at which they are pursuing a course of study, and passes the annual examinations in that year, or if there is no examination, receives a satisfactory report, will be reimbursed by the employer all fees paid by the employee for that course during that year. In the case of a trainee who complies with the foregoing requirement for attendances and who passes or receives a satisfactory report in a proportion of the subjects taken by the employee in any year, the employer will reimburse a like proportion of fees.
(ii) The employer will not, however, be required to reimburse fees or a proportion thereof for more than one year in excess of the period prescribed by the training institution for the approved course.
(iii) Provided that, where a trainee is in the employ of more than one employer in any school year, then the last such employer will be liable only for the payment of fees pro rata to the period of employment with that employer.
58.6 Daytime schooling
Trainees will be allowed reasonable time (not exceeding an average of eight hours per week during a school term) for the purpose of attending classes in connection with the appropriate certificate course on the same basis as apprentices in the establishment are allowed time off for day time schooling.
58.7 Junior trades
Years of age |
% of V3 rate |
16 years and under |
54 |
17 years |
59 |
18 years |
67 |
19 years |
76 |
20 years |
83 |
A cadet is a person without prior experience in the metal and engineering industry or other relevant experience who is employed under a contract of training with an employer to complete the training qualification for the V12 classification that is an associate diploma or equivalent. The cadet must have achieved 50% of the modules required for the qualification as a full-time or part-time student.
58.9 Rate of pay
(a) A cadet is entitled to be paid as follows:
Year of Training |
% of V12 rate |
1st year of contract of training |
40 |
2nd year of contract of training |
55 |
3rd year of contract of training |
70 |
(b) The cadet is not entitled to be classified at V12 and paid 100% of the V12 rate, notwithstanding the fact that the qualification may have been obtained, until the three year program is completed and the requirements of the V12 classification definition are met.
59.1 Allowances for the application of technical computing equipment
(a) An allowance of 5.17% of the weekly standard rate per week will be paid to any employee who is required to use technical computing equipment as defined in clause 59.1(b) to perform work of a complex nature. Work of a complex nature includes:
(i) the application of new concepts in their field of work, including the use of three dimensional projections;
(ii) the development of specialised programs for technical computing applications;
(iii) system development, including the evaluation of existing and alternative systems ancillary software and/or hardware; or
(iv) the provision of training on the system for users, including the development and evaluation of self learn and/or teaching methods or software packages.
(b) Technical computing equipment is defined as computer hardware, (including personal computers, micro computers, mini computers or mainframe computers) using software and/or engineering applications (including design, engineering, planning or data base programs) which are used for drafting, planning, quality control, machine programming, NC programming and engineering analysis.
(c) This allowance is not payable for routine or repetitive functions, or where the system is used merely as an aid.
59.2 Clothing and equipment
(a) Where an employee as a result of performing any duty required by the employer, and as a result of negligence of the employer, suffers any damage to or soiling of clothing or other personal equipment, including spectacles and hearing aids, the employer will be liable for the replacement, repair or cleaning of such clothing or personal equipment including spectacles and hearing aids.
(b) An employee will not be required to provide more than the following items of equipment compasses, two set squares, protractor, a 30 centimetre scale and a slide rule.
(c) Where an employee is required to work in abnormal conditions as to temperature, height, dirt, oil, wetness, danger, and the like, such reasonable precautions must be taken by the employer as may be necessary to facilitate the employee carrying out their duties with a maximum of safety and the employer will reimburse the employee for the cost of purchasing the special clothing that is required for the abnormal conditions. The provisions of this clause do not apply where the special clothing required for the abnormal conditions is paid for by the employer.
59.3 Travelling expenses
(a) In addition to the provisions of clause 19.6 the following applies:
(i) if an employee is directed to work at a place other than their usual place of employment and the means of transport by which the employee is directed to travel offers travellers’ accommodation of more than one class, the fares which will be payable under this clause will be such as to enable the employee to travel first class;
(ii) an employee, should they so desire it, will be reimbursed by the employer to the extent of a first class return fare to their usual place of residence in respect of their normal place of employment after each period of four weeks on distant work (as defined) unless such work is inherent in the normal work of the establishment in which the employee is employed;
(iii) distant work means work which renders it necessary for an employee to sleep at a place other than their usual place of residence in respect of the employee’s usual place of employment; and
(iv) air travel will be either first or economy class, to be determined in accordance with the usual policy for company personnel including management. In the case of economy air travel, an allowance of $9.10 will be paid for each meal period that occurs during the duration of the travel, provided that the employee did not receive a meal in flight for each period concerned.
60. Hours of work, shiftwork, meal breaks and overtime
60.1 The following provisions apply to employees covered under Section 3:
(a) Clause 53—Ordinary hours of work and related matters
(b) Clause 55—Sundays and public holidays
(c) Clause 28—Overtime rates
(d) Clause 54—Shiftwork and penalty rates
(e) Clause 26—Meal breaks
(f) Clause 27—Crib breaks when working overtime
60.2 In respect of employees covered under Section 3, the meal break must be not less than 30 minutes or more than one hour and must be between the hours of 11.30 am and 2.00 pm Monday to Friday for day workers. The time will be as agreed between the employer and the majority of employees.
60.3 Morning and afternoon tea
(a) Employees are entitled to a 10 minute morning tea rest period at a time fixed by the employer.
(b) Employees will be permitted without ceasing work to partake of refreshment in the afternoon.
60.4 Overtime meal allowance
An employee is entitled to a meal allowance of $9.95 on each occasion that the employee is entitled to a crib break as prescribed in clause 27—Crib breaks when working overtime except where the employee is provided with an adequate meal where the employer has cooking and dining facilities. This rate also applies for the purpose of meal allowances on public holidays in accordance with clause 19.5.
60.5 Sunday work
Penalty rates for Sunday work in clause 55.5 will apply with the following amendments:
(a) a four hour minimum payment applies to employees covered under this section; and
(b) by mutual agreement between the employer and the employee concerned, one day may be given for each public holiday worked and the day worked will be paid at normal rates instead of the penalty rates for public holidays specified in clause 55.6.
60.6 Transport of employees on Sundays
The provisions of clause 28.10 will apply also to work on Sundays for employees covered by Section 3, except for continuous shiftworkers.
60.7 Deferment of annual leave loading
An employee and employer may agree to defer payment of the annual leave loading in respect of annual leave taken in single days, until at least five consecutive annual leave days are taken.
60.8 Payment for time worked on a public holiday
(a) The provisions of clause 55.6 will apply with the following amendments:
(i) a four hour minimum applies to employees covered under Section 3; and
(ii) by mutual agreement between the employer and the employee concerned, one day may be given for each public holiday worked and the day worked will be paid at ordinary rates instead of the rate specified in clause 55.6.
(b) Transport of employees on public holidays.
The provisions of clause 28.10 will apply also to work on public holidays for employees covered by Section 3, except for continuous shiftworkers.
Section 4—Supervisory employees
(a) Section 4 will have the coverage set out in clause 4—Coverage.
(b) Section 4 applies to all employees employed by employers bound by Section 4 within the coverage specified in clause 61 in the Supervisor/trainer/ co-ordinator field as defined in clauses 61.2(a) and (b) but not (c).
61.2 Supervisor/trainer/co-ordinator field includes employees who are:
(a) responsible for the work of other employees and/or provision of on-the-job training including coordination and/or technical guidance;
(b) responsible for supervision and/or training of other supervisors or trainers; or
(c) responsible primarily for the exercise of technical skills, as defined, up to the level of their skill and competence and who are additionally involved in the supervision/training of other employees.
61.3 Relationship with other provisions in the award
(a) Parts 1 and 2 of this award apply to Section 4.
(b) Other than the provisions of clauses 23.5 and 59.2(a) the remaining provisions within this award do not apply to Section 4.
61.4 Contract of employment
(a) The employer will in writing advise an employee covered by this part whether the contract of employment is on a weekly, fortnightly, bi-monthly or monthly basis and the period as advised will resume as the frequency for payment of wages and the period of notice or payment instead of notice required to terminate the contract of employment.
(b) Nothing in this section will detract from an employer’s right to dismiss any employee without notice for neglect of duty or misconduct.
61.5 Conditions of employment
(a) The conditions of employment to apply to employees covered by this Section will not be less favourable than those prescribed under the award.
(b) However, where it has been the custom to do so and the employer and employee agree, time off with pay may be taken instead of payment for overtime work, shiftwork or work on Sundays or public holidays.
(c) Within one month of commencement of employment as a Trainer/supervisor/co-ordinator Level 1 or 2 under this section, the employer will provide to an employee, details of classification, details of total remuneration and whether or not and over what period of time it includes any element compensating the employee in whole or in part for overtime work, shiftwork, or Sundays or public holidays.
(d) Further upon request the employer will advise an employee of other details of the conditions of employment applicable to the employee
61.6 Wages, classifications and related matters
(a) The following provisions of the award apply to employees covered under Section 4:
(i) Clause 57.1(a)—Definitions of engineering streams and technical field
(ii) Clause 45.4—Minimum wage rates
(iii) Clause 46—Part-time rates
(iv) Clause 47—Casual rates
(v) Schedule C—Vehicle Manufacturing Employees—Skill Level Definitions
(vi) Clause 24—Payment of wages
(vii) Clause 25—Superannuation
(viii) Clause 3.2—Additional definitions—Non-trades, trades and post trades
(b) A Trainer/supervisor/co-ordinator—Level 1 will be paid not less than 122% of the rate paid (excluding leading hand allowances) to the highest technically qualified employee supervised or trained as calculated in accordance with clause 61.7—Method of calculation for 38 ordinary hours of work including over award payments actually received. Provided that where the calculation is less than $664.90 then the minimum rate will be $664.90. The minimum award rate to be paid per hour will be $17.50.
(c) A Trainer/supervisor/co-ordinator—Level 2 will be paid not less than 115% of the highest rate paid to persons supervised or trained as calculated in accordance with clause 61.7—Method of calculation below for 38 ordinary hours of work including over award payments actually received. Provided that where the calculation is less than $720.90 then the minimum rate will be $720.90. The minimum award rate to be paid per hour will be $18.97.
(a) For the purpose of calculating the rates in clauses 61.6(b) and (c) above wages will be calculated each quarter on the basis of the average actually received by the adult employees during each of the weeks that 38 hours were worked during the previous quarter.
(b) The wage rates will be recalculated on 1 November, 1 February, 1 May, 1 August each year or over some other consistent pattern each quarter which will not disadvantage the employees concerned. The new wage rates so determined will operate from the beginning of the first pay to commence on or after the date the recalculation is to be made.
(c) For the purpose of calculating the rates in clauses 61.6(b) and (c) above, overtime payments and all allowances, loadings and penalty payments provided for under Section 2 will be excluded.
(d) An employee covered under Section 4 may check the relevant payroll record(s), should they wish to, to ensure that the wage rate has been correctly calculated.
Schedule B—Vehicle Industry RS&R—Skill Level Definitions
B.1 Vehicle industry RS&R—employee—Level 1 R1 (entry)
An employee at Level 1 is an employee who has undertaken little or no formal or informal training. A Level 1 employee may be undertaking up to 38 hours of induction training. The induction training may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance.
An employee at this level would acquire/possess skills relevant to the performance of routine duties essentially of a manual nature and to the level of their training:
• performs general labouring and/or cleaning duties;
• has basic numeracy skills;
• exercises minimal judgment;
• works to defined procedures and under direct supervision; and
• may be undertaking structured training so as to enable the employee to progress to a higher level.
Classifications contained within Level 1 R1
• Car cleaner/washer
• Workshop cleaner
• Car polisher—by hand
• Detailer—other
• Driveway attendant
• Office cleaner
• Parking attendant
• Process worker
• Tradesperson’s assistant (see also Level 2)
• Employee not elsewhere prescribed as contained in clauses 10 and 11 in previous award
B.2 Vehicle industry RS&R—employee—Level 2 R2
An employee at Level 2 is an employee who has completed up to three months structured training to enable an employee to attain/possess job skills relevant to tasks performed at this level and to the level of their training:
• works under direct supervision either individually or in a team environment;
• has some oral and written communication skills;
• can distinguish where a minor fault/error is made and undertake basic quality control of own work;
• is responsible for the quality of own work subject to routine supervision;
• has some input to job planning;
• can work from simple instructions;
• has some basic customer service skills;
• performs basic maintenance tasks;
• has basic knowledge of the range of services offered by the business;
• has simple numerical equipment skills; and
• may use selected hand tools.
Classifications contained within Level 2 R2
• Battery repairer
• Brake servicer—first six months
• Driver of courtesy car or vehicle in relation to sales or sales promotion or in the course of registration, collection from or delivery to customer—vehicles up to and including maker’s capacity of three tonnes
• Exhaust repairers—first six months
• Grinder and/or buffer metal—using a portable machine
• Lubritorium attendant
• Operator on warming mill
• Operator detreading, buffing, gouging, etc.
• Roadhouse attendant, when required to cook take away meals only
• Spring service worker
• Tradesperson’s assistant (see also Level I)
• Tyre fitter
B.3 Vehicle industry RS&R—employee—Level 3 R3
An employee at this level has completed eight modules of a nationally accredited RS&R Certificate or equivalent training and uses skills above that of an employee at Level R2.
A Level R3 employee would be expected to have the job skills relevant to the tasks performed and would work with only general supervision of daily duties and to the level of their training:
• where appropriate use a variety of power and hand tools and/or other equipment necessary to carry out the relevant tasks;
• possesses good oral and/or written communication skills;
• is responsible for quality of own work subject to routine supervision;
• plans own work in consultation with supervisor;
• requires only general job instruction;
• possesses customer service skills;
• performs basic maintenance tasks;
• acquires multiple manual skills;
• may use various materials handling equipment;
• has fault finding skills;
• maintains simple numerical records from computer equipment;
• can assist with on-the-job instruction in conjunction with general supervision;
• uses some basic negotiation skills in service areas;
• basic inventory controls;
• receiving, despatching, distributing, sorting, checking, packing, (other than repetitive packing in a standard container or containers in which such goods are customarily sold), documenting and recording of goods, materials and components.
Classifications contained within Level 3 R3
• Assembler—accessories
• Assembler—body shop
• Detailer (as defined)
• Machinist (metal)—2nd class
• Motor cycle assembler (first six months’ experience for the ACT only)
• Operator in charge of extruder
• Operator mainly engaged examining tyres prior to repairing, retreading, recapping or lugging
• Operator repairing and/or building up and/or retreading and/or recapping used in:
• aeroplane tyres (for re-use on aeroplanes); and
• tyres other than as referred to above
• Operator relugging earth mover and/or grader and/or tractor tyres by hand
• Operator engaged in moulding or curing of retreaded, rebuilt, recapped or relugged tyres in:
• unit heaters
• autoclaves
• Painter—brush and/or spray on mechanical chassis components
• Paint shop assistant
• Polisher/cutter using buff or wet and dry rubber
• Service receptionist—not being a tradesperson
• Steam cleaner and/or proof coater
• Storeperson—first 12 months
• Wheel aligner—not being a tradesperson but having up to six months experience
• Wheel builder and/or repairer—not being a tradesperson—first six months’ experience
• Windscreen fitter and/or repairer (first six months’ experience for the ACT only)
• Wrecker—automotive
B.4 Vehicle industry RS&R—employee—Level 4 R4
An employee at this level performs work above and beyond the skills of an employee at Level R3 and would normally have completed 16 modules of a nationally accredited RS&R Certificate or equivalent training.
A retail employee will be qualified to perform work within the duties and functions of an automotive parts salesperson other; motor vehicle and/or agricultural vehicle salesperson with less than six months’ experience; salesperson other; and a console operator.
An employee required to work to the level of their training:
• works under general supervision, either individually or in a team environment;
• exercises discretion within their level of skills and training;
• understands and is responsible for quality of own work;
• possesses competent communications and written skills;
• intermediate key board skills;
• licensed and certified for lift driving;
• customer relation skills;
• inventory and store control including: licensed operation of all appropriate materials handling equipment; use of tools and equipment within the scope (basic non-trades maintenance); computer operation at a higher level than that of a Level 3 employee;
• assists in the provision of on-the-job training in conjunction with supervisor or trainer;
• possesses sales skills appropriate to this level;
• has cash register and console operation skills; and
• where applicable computer operation at a higher level than that of a Level R3 employee.
Classifications contained within Level 4 R4
• Bodymaker—2nd class
• Brake servicer—after six months’ experience
• Driver of courtesy car or vehicle in relation to sales or sales promotion or in the course of registration, collection from or delivery to customer–vehicle with maker’s capacity over 3 tonnes
• Exhaust repairer—after six months
• Motorcycle assembler (over six months’ experience for the ACT only)
• Roadhouse attendant if engaged primarily to cook other than take away foods
• Radiator repairer—other
• Wheel aligner—other than a tradesperson, after six months
• Wheel builder, repairer—after six months
• Automotive parts salesperson—other
• Motor vehicle and/or agricultural vehicle salesperson—less than six months’ experience
• Salesperson—other
• Storeperson—more than 12 months’ experience
• Driveway attendant operating a console
• Storeperson and packer
• Windscreen fitter and/or repairer (over six months’ experience for the ACT only)
B.5 Vehicle industry RS&R—employee—Level 5 R5
A repair and service employee at this level performs work above and beyond the skills of an employee at Level R4 and would have 20 modules of a nationally accredited RS&R Certificate or equivalent training. A Level R5 employee is required to work to the level of their training.
A retail employee at this level will be qualified to perform work of an experienced automotive spare parts salesperson:
• requires minimum supervision;
• possesses technical job skills within the level of their training;
• works from detailed instructions and procedures;
• co-ordinates work in a team environment or works individually under limited supervision;
• exercises discretion within their level of skills and training;
• assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainers;
• may prepare reports and interpret written information relevant to tasks performed;
• understands and is responsible for quality of own work;
• possesses competent communications and written skills;
• possesses technical job skills within their level of training;
• possesses customer contact skills to perform tasks at this level;
• undertakes specialist troubleshooting, problem solving and maintenance skills at this level;
• has multiple manual skills;
• can use relevant tools and equipment;
• can operate numerical/computer equipment supplied in sales, distribution, repair, servicing and relevant to tasks at this level; and
• has adequate negotiating skills in sales and services to perform tasks at this level.
Classifications contained within Level 5 R5
• Automotive parts salesperson—experienced
• Automotive servicer or checker
• Radiator repairer—1st class
B.6 Vehicle industry RS&R—tradesperson or equivalent Level I R6
An employee at this level is an employee who holds a Trade Certificate, Tradesperson’s Rights Certificate or equivalent, nationally accredited training.
An employee at this level performs work above and beyond the skills of an employee at Level R5 and to the level of their training:
• assists in the provision of on-the-job training in conjunction with supervisors/trainers;
• works under limited supervision either individually or in a team environment;
• plans the work of others and solves the work planning problems;
• is responsible for the quality of their own work;
• exercises discretion within the scope of tasks performed at this level;
• possesses good communication skills;
• has keyboard skills relevant to the tasks performed at this level;
• understands and applies quality control techniques; and
• is able to inspect products and/or materials for conformity with established operational standards.
Classifications contained with Level I R6
• Automotive electrician
• Automotive engine reconditioner
• Automotive parts interpreter
• Bodymaker—1st class
• Brake mechanic
• Electroplater—1st class
• Fitter and/or turner
• Instrument mechanic—automotive
• Machinist (metal)—1st class
• Motorcycle or motor scooter mechanic
• Motor mechanic
• Painter
• Panel beater
• Salesperson—more than six months’ experience
• Signwriter
• Trimmer
• Vehicle and/or agricultural vehicle salesperson
• Welder
• Wheel aligner
• Wheel builder and/or repairer
Schedule C—Vehicle Manufacturing Employees—Skill Level Definitions
C.1 V1—Vehicle industry/production employee Level 1
C.1.1 A Vehicle industry/production employee—Level 1 is an employee undertaking up to 38 hours’ induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance.
C.1.2 An employee at this level performs routine duties essentially of a manual nature and to the level of their training:
(a) performs general labouring and cleaning duties;
(b) exercises minimal judgment;
(c) works under direct supervision; and
(d) is undertaking structured training so as to enable them to work at V2 Level.
Classifications at Level V1:
• Assembler, cushion and squab including spring frame
• Dipper solder or tin
• Degreaser at liquid or vapour bath
• Electroplater—3rd class
• Garage attendant
• Greaser and/or oiler
• Grinder using fixed gear
• Heat treat attendant—first three months
• Janitor and/or convenience attendant
• Machinist (metal)—3rd class
• Packer other than as defined
• Paster trim
• Paintshop assistant
• Pickler
• Plastics developer (b) second class (2) first month’s experience
• Pleat stuffer
• Press operators assistant
• Shot and/or sand blast operator
• Spring coil machinist not required to set up machine
• Washer using phenyl etc.
C.2 V2—Vehicle industry/production employee Level 2
C.2.1 A Vehicle industry/production employee—Level 2 is an employee who has completed up to three months structured training so as to enable the employee to perform work within the scope of this level.
C.2.2 An employee at this level performs work above and beyond the skills of an employee at Level V1 and to the level of their training:
(a) works under direct supervision either individually or in a team environment;
(b) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults; and
(c) understands and utilises basic statistical process control procedures.
C.2.3 Indicative of the tasks which an employee at this level may perform are the following:
(a) repetition work on automatic, semiautomatic or single purposes machines or equipment;
(b) assembles components using basic written, spoken and/or diagrammatic instructions in an assembly environment;
(c) basic soldering or butt and spot welding skills or cuts scrap with oxyacetylene blow pipe;
(d) uses selected hand tools;
(e) boiler cleaning; and
(f) maintains simple records.
Classifications at Level V2:
• Assembler when not on line
• Concrete worker
• Case maker and/or repairer
• Dogman
• Drier
• Furnace person other than on cupola
• Grinder using portable machine foundry
• Guillotine machinist
• Packer as defined in clause 3.1
• Press operator light
• Process Worker
• Sewing machinist
• Spring coiling machinist required to set up machine
• Spring maker required to set up machine
• Tradespersons assistant
• Welder—electric spot and buff
• Vyceman
• Wood machinist—2nd class
C.3 V3—Vehicle industry/production employee Level 3
C.3.1 A Vehicle industry/production employee—Level 3 is an employee who has completed 12 skill units and four knowledge units towards the vehicle industry certificate, or nationally accredited equivalent training so as to enable the employee to perform work within the scope of this level.
C.3.2 An employee at this level performs work above and beyond the skills of an employee at V2 and to the level of their training.
(a) is responsible for the quality of their own work subject to routine supervision;
(b) works under routine supervision either individually or in a team environment; and
(c) exercises discretion within their level of skills and training.
C.3.3 Indicative of the tasks which an employee at this level may perform are the following:
(a) operates flexibly between assembly stations;
(b) operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at Level V2;
(c) non-trade vehicle industry skills;
(d) basic tracing and sketching skills;
(e) receiving, dispatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or containers in which such goods are ordinarily sold), documenting and recording of goods, materials and components;
(f) basic inventory control in the context of a production process;
(g) basic keyboard skills;
(h) advanced soldering techniques;
(i) boiler attendant;
(j) operation of mobile equipment including fork-lifts, hand trolleys, pallet trucks, (overhead cranes and winch operation);
(k) ability to measure accurately;
(l) assists one or more tradespersons; and
(m) welding which requires the exercise of knowledge and skills above Level V2.
Classifications at Level V3:
• Air hammer operator
• Assembler and/or wirer tractor and assembler etc.
• Band sawyer
• Boiler attendant or fireman
• Cold setter
• Dismantler
• Driller of body panels
• Electric machine cutter trim
• Electroplater second class
• Furnace person foundry
• Grinder other than in assembly plant
• Heat treatment attendant
• Machinist—2nd class
• Machine setter other
• Material chaser
• Moulder
• Painter on prime coats other than in assembly plant, on floors, chassis, etc.
• Painter’s wet rubber
• Plastics developer—2nd class
• Polisher
• Press operator over 250 tonnes
• Slinger
• Solder other
• Spring maker by hand
• Stopper up
• Storeworker or packer
C.4 V4—Vehicle industry/production employee Level 4
C.4.1 A Vehicle industry/production employee—Level V4 is an employee who has completed 16 skill units and 14 knowledge units towards the vehicle industry certificate, or equivalent nationally accredited training so as to enable the employee to perform work within the scope of this level.
C.4.2 An employee at this level performs work above and beyond the skills of an employee at V3 and to the level of their training:
(a) works from complex instructions and procedures;
(b) assists in the provisions of on the job training to a limited degree;
(c) co-ordinates work in a team environment or works individually under general supervision; and
(d) is responsible for assuring the quality of their own work.
C.4.3 Indicative of the tasks which an employee at this level may perform are the following:
(a) uses precision measuring instruments;
(b) machine setting, loading and operation;
(c) rigging (certificated);
(d) inventory and store control including;
(e) licensed operation of all appropriate materials handling equipment including driver GVM up to eight tonnes;
(f) use of tools and equipment within the scope (basic non-trades) maintenance;
(g) computer operation at a level higher than that of an employee at Level V3;
(h) intermediate keyboard skills;
(i) basic vehicle industry and fault finding skills;
(j) performs basic quality checks on the work of others;
(k) licensed and certified for fork-lift, engine driving and crane driving operations to a level higher than Level V3; and
(l) has a knowledge of the employer’s operation as it relates to production process.
Classifications at Level V4:
• Annealer and/or case hardener
• Assembler and/or wirer chassis
• Assembler of bodies or parts when on line
• Body maker—2nd class
• Boiler attendant
• Crane driver
• Dent knocker
• Die setter press
• Fork-lift driver, mobile crane driver and driver of motor vehicle up to eight tonnes.
• Grinder using portable machine assembly plant
• High stack operator
• Metal finisher
• Painter on prime coats vehicle assembly plants
• Rigger
• Solderer on the line
• Spotter and/or toucher up
• Squab or cushion maker
• Trimmer sectional
• Welder other than trade using oxy, etc.
C.5 V5—Vehicle industry tradesperson—Level 1 & Production systems employee—Level 5
C.5.1 Vehicle industry tradesperson—Level 1
(a) A Vehicle industry tradesperson—Level 1 is an employee who holds a trade certificate or tradesperson’s rights certificate in one of the electrical/electronic, mechanical or fabrication vehicle industry streams and is able to exercise the skills and knowledge of that trade.
(b) An Vehicle industry tradesperson—Level 1 works above and beyond an employee at V4 and to the level of their training:
(i) understands and applies quality control techniques;
(ii) exercises good interpersonal, communications skills;
(iii) exercises keyboard skills higher than Level V4;
(iv) exercises discretion within the scope of this grade;
(v) performs work under limited supervision either individually or in a team environment;
(vi) operates all lifting equipment incidental to their work;
(vii) perform non-trade tasks incidental to their work; and
(viii) performs work which, while primarily involving the skills of the employees trade, is incidental or peripheral to the primary tasks and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.
C.5.2 Vehicle industry production system employee—Level 5
(a) A Vehicle industry production systems employee—Level 5 is an employee who, while still being primarily engaged in vehicle industry/production work applies the skills acquired through the successful completion of a trade certificate level qualification in the production, distribution, or stores functions according to the needs of the enterprise.
(b) A Vehicle industry production systems employee—Level 5 works above and beyond an employee at V4 and to the level of their training:
(i) understand and applies quality control techniques;
(ii) exercises good interpersonal communications skills;
(iii) exercises discretion within the scope of this grade;
(iv) exercises keyboard skills at a level higher than V4; and
(v) performs work under general supervision either individually or in a team environment.
(c) Indicative of the tasks which an employee at this level may perform are as follows:
(i) approves and passes first off samples and maintains quality of product;
(ii) works from production drawings, prints and plans;
(iii) operates, sets up and adjusts all production machinery in a plant including production process welding to the extent of training;
(iv) can perform a range of vehicle industry maintenance functions including;
(v) removing equipment fastenings including use of destructive cutting equipment;
(vi) lubrication of production equipment;
(vii) running adjustments to production equipment;
(viii) operates all lifting equipment;
(ix) basic production scheduling and materials handling within the scope of the production process or directly related functions within raw materials/finished goods locations in conjunction with technicians;
(x) understands and applies computer techniques as they relate to production process operations;
(xi) first class engine drivers’ certificate;
(xii) high level stores and inventory responsibility beyond the requirements of an employee at Level V4;
(xiii) assists in the provision of on-the-job training in conjunction with tradespersons and trainers; and
(xiv) has a good knowledge of the employers operations as it relates to the production process.
Classifications at Level V5:
• Automotive electrician
• Bodymaker—1st class
• Boilermaker
• Cabinet maker
• Carpenter
• Die setter when working on try outs
• Electrical fitter
• Electrician—special class
• Electroplater—1st class
• Fitter and turner
• Heat treater
• Jigmaker
• Machinist—1st class
• Motor mechanic
• Motor tuner and tester
• Motor body developer
• Painter
• Patternmaker
• Plastics developer first class
• Plumber
• Refrigerator mechanic
• Signwriter
• Smith tradesperson
• Spring maker
• Tradesperson marker off
• Trouble chaser
• Trimmer
• Welder
• Wood machinist—1st class
C.6 V6—Vehicle industry tradesperson—Level II & Vehicle industry/technician—Level I
C.6.1 Vehicle industry tradesperson—Level II
(a) A Vehicle industry tradesperson—Level II is a tradesperson who has completed the following training requirements:
(i) three appropriate modules in addition to the training requirements of the Level V5;
(ii) three appropriate modules towards a National Diploma;
(iii) three appropriate modules towards a National Advanced Diploma;
(iv) equivalent; or
(v) a nominal 120 hours training towards the above qualification.
(b) A Vehicle industry tradesperson—Level II works above and beyond a tradesperson at Level V5 and to the level of their skills and competence and training performs work within the scope of the level:
(i) exercises the skills attained through satisfactory completion of the training prescribed for this classification or equivalent;
(ii) exercises discretion within the scope of this grade;
(iii) works under general supervision either individually or in a team environment;
(iv) understands and implements quality control techniques;
(v) provides trades guidance and assistance as part of a work team; and
(vi) exercises trade skills relevant to the specific requirements of the enterprise at a level higher than Vehicle industry tradesperson Level I.
C.6.2 Vehicle industry/technician—Level I
(a) An employee who has the equivalent level of training of a Level V6 tradesperson or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Technician—Level I are in the technical fields as defined by this award including drafting, planning or technical tasks requiring technical knowledge.
(b) At this level the employee is engaged on routine tasks in the technical fields.
C.7 V7—Vehicle industry tradesperson—Level III & Vehicle industry/technician Level II
C.7.1 Vehicle industry tradesperson Level III—special class
(a) A Vehicle industry tradesperson—Level III means a special class engineering tradesperson or higher engineering tradesperson who has completed the following training requirement:
(i) six appropriate modules in addition to the training requirements of the Level V5;
(ii) six appropriate modules towards a National Diploma;
(iii) six appropriate modules towards a National Advanced Diploma;
(iv) a higher engineering tradesperson apprenticeship;
(v) equivalent; or
(vi) a nominal 240 hours training towards the above qualification.
(b) A Vehicle industry tradesperson—Level III works above and beyond a tradesperson at Level V6 and to the level of their skills, competence and training performs work within the scope of the level:
(i) is able to exercise the skills attained through satisfactory completion of the training prescribed for this classification or equivalent;
(ii) provides trade guidance and assistance as part of a work team;
(iii) assists in the provision of training, in conjunction with supervisors and trainers;
(iv) understands and implements quality control techniques; and
(v) works under limited supervision either individually or in a team environment.
(c) Indicative of the tasks which an employee at this level may perform are as follows:
(i) exercises high precision trade skills, using various materials and/or specialised techniques;
(ii) performs operations on a Computer Aided Design/Computer Aided Manufacturing (CAD/CAM) terminal in the performance of routine modifications to Numeric Control/Computer Numeric Control (NC/CNC) programs; and
(iii) high voltage switching.
(d) Vehicle industry technician—Level II
(i) Vehicle industry technician—Level II means an employee who has equivalent level of training to a V7 tradesperson or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Technician Level II are in the technical fields as defined by this award including drafting, planning or technical tasks requiring technical knowledge.
(ii) At this level the employee is required to exercise judgment and skill in excess of that required at V6 under the supervision of technical or professional staff.
C.8 V8—Vehicle industry tradesperson—Level IV & Vehicle industry technician—Level III
C.8.1 Vehicle industry tradesperson Level IV—special class
(a) A Vehicle industry tradesperson Level IV means a special class tradesperson who has completed the following training requirement:
(i) three appropriate modules in addition to the requirements of the Level V7;
(ii) nine appropriate modules towards a National Diploma;
(iii) nine appropriate modules towards a National Advanced Diploma;
(iv) an AQF Level 4 National Certificate;
(v) equivalent; or
(vi) a nominal 360 hours training towards the above qualification.
(b) A Vehicle industry tradesperson Level IV—special class works above and beyond an employee at Level V7 and to the level of their skills, competence and training performs work within the scope of the level:
(i) exercises the skills attained through satisfactory completion of the training prescribed for this classification or equivalent;
(ii) is able to provide trade guidance and assistance as part of a work team;
(iii) assists in the provision of training in conjunction with supervisors and trainers;
(iv) understands and implements quality control techniques; and
(v) works under limited supervision either individually or in a team environment.
(c) Indicative of the tasks which an employee at this level may perform are as follows:
(i) works in machines or equipment which utilise complex electric/electronic circuitry;
(ii) and/or hydraulic/pneumatic controls or a combination thereof;
(iii) works on instruments which make up a complex control system which utilises some combination of electrical, electronic, mechanical or fluid power principles;
(iv) applies advanced computer numerical control techniques in machining, cutting, welding or fabrication;
(v) exercises intermediate CAD/CAM skills in the performance of routine modifications to programs;
(vi) works on complex or intricate interconnected electrical circuits; and
(vii) works on complex radio/communication equipment.
(d) Vehicle industry technician—Level III
(i) Vehicle industry technician—Level III means an employee who has equivalent level of training to a Level V8 Tradesperson or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Vehicle industry technician—Level III are in the technical fields as defined by this award including drafting, planning or technical tasks requiring technical knowledge.
(ii) At this level the employee is engaged in detailed drafting and/or planning or technical duties requiring judgment and skill in excess of a technician at Level V7 under the supervision of technical staff or professional staff.
C.9 V9—Vehicle industry tradesperson—Level V & Vehicle industry technician—Level IV
C.9.1 Vehicle industry tradesperson—Level V
(a) A Vehicle industry tradesperson—Level V who has completed the following training requirement:
(i) 12 modules of a National Diploma;
(ii) 12 modules of a National Advanced Diploma; or
(iii) equivalent.
(b) A Vehicle industry tradesperson—Level V works above and beyond a Tradesperson at Level V8 and to the level of their skills, competence and training performs work within the scope of the level:
(i) undertakes quality control and work organisation at a level higher than Level V8;
(ii) provides trade guidance and assistance as part of a work team;
(iii) assists in the provision of training to employees in conjunction with supervisors/trainers;
(iv) works under limited supervision either individually or in a team environment;
(v) prepares reports of a technical nature on specific tasks or assignments as directed;
(vi) exercises broad discretion within the scope of this level;
(vii) operates lifting equipment incidental to their work; and
(viii) performs non-trade tasks incidental to their work.
(c) The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate trade and post-trade training to enable the employee to perform the particular indicative tasks:
(i) working on combinations of machines or equipment which utilise complex electrical, electronic, mechanical or fluid power principles;
(ii) working on instruments which make up a complex control system which utilises some combination of electrical, or electronic, mechanical or fluid power principles and electronic circuitry containing complex digital and/or analogue control systems utilising integrated circuitry;
(iii) applies computer integrated manufacturing techniques involving a higher level of computer operating and programming skills than for V8;
(iv) working on various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems using integrated circuitry;
(v) a Vehicle industry tradesperson—Level V works above and beyond a tradesperson at Level V8 and the level of their skills, competencies and training performs work with the scope of this level;
(vi) provides technical guidance or advice within the scope of this level;
(vii) prepares reports of a technical nature on specific tasks or assignments within the employees skills and competencies;
(viii) has an overall knowledge and understanding of the operating principle of the systems and equipment on which the tradesperson is required to carry out their task;
(ix) assists in the provision of on-the-job training in conjunction with supervisors and trainers;
(x) operates lifting equipment incidental to their work; and
(xi) performs non-trade tasks incidental to their work.
(d) The following indicative tasks which an employee at this level may perform are subject to the employee having appropriate trade and post-trade training to enable the employee to perform the particular indicative tasks:
(i) through a systems approach is able to exercise high level diagnostic skills on complex forms of machinery, equipment and instruments which utilise some combination of electrical, electronic, mechanical or fluid power principles;
(ii) set up, commission, maintain and operate sophisticated maintenance, production and test equipment and/or systems involving the application of computer operating skills at a higher level than a Vehicle industry tradesperson—Level IV;
(iii) works on various forms of machinery and equipment electronically controlled by complex digital and/or analogue control systems using integrated circuitry; and
(iv) works on complex electronics, instruments, communications equipment or control systems which utilise electronic principles and electronics circuitry containing complex analogue and/or digital control systems using integrated circuitry.
(e) Vehicle industry technician—Level IV
(i) Vehicle industry technician—Level IV means an employee who has the level of training of a V9 Vehicle industry tradesperson—Level V or equivalent so as to enable the employee to apply skills within the scope of this level.
(ii) The skills exercised by the Vehicle industry technician—Level IV are in the technical fields as defined by this award including drafting, planning or technical tasks requiring technical knowledge.
(iii) At this level the employee is engaged in detail drafting and/or planning and/or technical duties requiring judgment and skill in excess of that required of a technician at V8 under the supervision of technical and/or professional staff.
C.10 V10—Vehicle industry tradesperson—Level VI & Vehicle industry technician Level V
C.10.1 Vehicle industry tradesperson—Level VI
(a) A Vehicle industry tradesperson—Level VI means a tradesperson who has completed:
(i) a National Diploma;
(ii) 15 modules or 2nd year part-time of an Advanced Diploma; or
(iii) equivalent.
(b) Vehicle industry technician—Level V
(i) A Vehicle industry technician—Level V means an employee who has the level of training and skills of a V10 Vehicle industry tradesperson—Level VI or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the Vehicle industry technician—Level V are in the technical fields as defined by this Award including drafting, planning or technical tasks requiring technical knowledge.
(ii) At this level the employee is required to exercise judgment and skill in excess of that required at Level V9.
C.11 V11—Vehicle industry engineering associate—Level I
C.11.1 A Vehicle industry engineering associate—Level I means an employee who works above and beyond a technician at Level V10 and has successfully completed third year part-time (or 22 modules) of an Advanced Diploma or equivalent and is engaged in:
(a) making of major design drawings or graphics or performing technical duties in a specific field of engineering, laboratory or scientific practice such as research design, testing, manufacture, assembly, construction, operation, diagnostics and maintenance or equipment facilities or products, including computer software, quality processes, occupational health and safety and/or standards and plant and material security processes and like work; or
(b) planning of operations and/or processes including the estimation of requirements of staffing, material cost and quantities and machinery requirements, purchasing materials or components, scheduling, work, study, industrial engineering and/or materials handling process.
C.12 V12—Vehicle industry engineering associate—Level II
C.12.1 A Vehicle industry engineering associate—Level II means an employee who works above and beyond a Vehicle engineering associate—Level I and has successfully completed an Advanced Diploma or equivalent and is engaged in:
(a) performing drafting, planning or technical duties which require the exercise of judgment and skill in excess of that required by a Vehicle engineering associate—Level I; or
(b) possesses the skills of a Vehicle engineering associate—Level I in a technical field and exercises additional skills in a different technical field as defined.
C.13 V13—Vehicle industry leading technical officer & Principal engineering trainer/supervisor/co-ordinator
C.14 A Vehicle industry leading technical officer means an employee who works above and beyond an Vehicle industry engineering associate—Level II at Level V12 and has successfully completed seven modules in addition to the Advanced Diploma or equivalent. An employee at Level V13 is able to perform or co-ordinate work in more than one engineering, scientific or technical field as defined, or performs duties in a technical, engineering or scientific field which requires the exercise of judgment and/or skill in excess of that required of a Vehicle industry engineering associate— Level II.
(a) Principal engineering trainer/supervisor/co-ordinator
(i) A Vehicle industry principal trainer/supervisor/co-ordinator means a trainer/supervisor/co-ordinator who has completed an Advanced Diploma of which 15 modules are supervision/training modules or equivalent and who when engaged in this level:
• possesses a sound knowledge of occupational health and safety, industrial relations, and communications processes and is able to use this knowledge in training and leading work of others; and
• possesses a general knowledge and awareness of the administrative, business, and marketing strategies of the enterprise.
(ii) Indicative of the tasks which an employee at this level may perform are as follows:
• plans, writes and delivers training programs for all engineering/production employees, apprentices, trainees, trade and lower technical levels; and
• plans and directs the work of engineering/production employees especially in new work organisation environments e.g. group work arrangements, CIM production techniques.
C.15 V14—Vehicle industry principal technical officer
C.15.1 A Vehicle industry principal technical officer works above and beyond an employee at the V13 level and who has successfully completed 15 modules of accredited training in addition to an Advanced Diploma or equivalent. Within organisational policy guidelines and objectives a principal technical officer:
(a) performs work requiring mature technical knowledge involving a high degree of autonomy, originality and independent judgment;
(b) looks after and is responsible for projects and co-ordinating such projects with other areas of the organisation as required by the operation of the organisation;
(c) is responsible for the co-ordination of general and specialist employees engaged on projects requiring complex and specialised knowledge;
(d) plans and implements those programs necessary to achieve the objectives of a particular project;
(e) in the performance of the above functions, applies knowledge and/or guidance relevant in any or all of the fields of designing, planning and technical work as required by the company’s operation; and
(f) operates within broad statements of objectives without requiring detailed instructions;
OR
(g) performs work at the above level of skill in a particular technical field;
(h) has as the overriding feature of their employment the ability to perform creative, original work of a highly complex and sophisticated nature; and
(i) provides specialised technical guidance to other employees performing work within the same technical field.
C.15.2 Vehicle industry trainer/supervisor/co-ordinator—Level I
A trainer/supervisor/co-ordinator—Level I is an employee who is responsible for the work of other employees and/or provision of structured on-the-job training. Such an employee has completed nine modules in supervision and/or training.
C.15.3 Vehicle industry trainer/supervisor/co-ordinator—Level II
A trainer/supervisor/co-ordinator—Level II is an employee who is responsible for supervision and/or training of trainer/supervisor/co-ordinator—Level I. Such an employee has completed 15 modules appropriate to supervision and/or training.
C.16 Driver classifications
C.16.1 Vehicle industry driver—Level I—D1
(a) Vehicle industry driver—Level I means an employee who is a driver Gross Vehicle Mass (GVM) 8 to 10 tonnes.
(b) Existing classification—motor vehicle driver 8 to 11 tonnes.
C.16.2 Vehicle industry driver—Level II—D2
(a) Vehicle industry driver—Level II means an employee who is a driver GVM greater than 12 tonnes.
(b) Existing classification—motor vehicle driver 11 tonnes and above.
C.16.3 Vehicle Industry Driver—Level III—D3
(a) Vehicle industry driver—Level III means an employee who is a driver of articulated vehicles up to 25 tonnes.
(b) Existing classification—driver articulated vehicle 9 tonnes and over.
C.16.4 Vehicle Industry Driver—Level IV—D4
(a) Vehicle industry driver—Level IV means an employee who is a driver of articulated vehicles over 25 tonnes.
Schedule D—Supported Wage System
D.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.
D.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee’s productive capacity and agreed wage rate
D.3 Eligibility criteria
D.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.
D.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.
D.4 Supported wage rates
D.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 D.5) % |
Relevant minimum wage % |
10 |
10 |
20 |
20 |
30 |
30 |
40 |
40 |
50 |
50 |
60 |
60 |
70 |
70 |
80 |
80 |
90 |
90 |
D.4.2 Provided that the minimum amount payable must be not less than $69 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.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.
D.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.
D.6 Lodgement of SWS wage assessment agreement
D.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 Fair Work Australia.
D.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 Fair Work Australia to the union by certified mail and the agreement will take effect unless an objection is notified to Fair Work Australia within 10 working days.
D.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.
D.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.
D.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.
D.10 Trial period
D.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.
D.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.
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $69 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.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 D.5.
Schedule E—National Training Wage
Schedule F—School-based Apprentices
F.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
F.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
F.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
F.4 For the purposes of clause F.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
F.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
F.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
F.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.
F.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice.
F.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
F.10 If an apprentice converts from school-based to full-time, all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.