MA000112 PR991079 |
|
ORDER |
Workplace Relations Act 1996
s.576E – Procedure for carrying out award modernisation process
LOCAL GOVERNMENT INDUSTRY AWARD 2010
(AM2008/89)
JUSTICE GIUDICE, PRESIDENT |
MELBOURNE, 4 DECEMBER 2009 |
Award Modernisation.
1. Further to the decision [[2009] AIRCFB 945] issued by the Commission on 4 December 2009, the following modern award is made:
Local Government Industry Award 2010
2. The award is attached.
BY THE COMMISSION:
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code C>
Local Government Industry Award 2010
NOTE: Transitional provisions may apply to certain clauses – see clause 2 and Schedule A
Table of Contents
Part 1—Application and Operation
1. Title
2. Commencement and transitional
3. Definitions and interpretation
4. Coverage
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
7. Award flexibility
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
9. Dispute resolution
Part 3—Types of Employment and Termination of Employment
10. Employment categories
11. Termination of employment
12. Redundancy
Part 4—Minimum Wages and Related Matters
13. Classifications
14. Minimum wages
15. Allowances
16. District allowances
17. Accident pay
18. Higher duties
19. Payment of wages
20. Superannuation
Part 5—Hours of Work and Related Matters
21. Ordinary hours of work and rostering
22. Meal breaks
23. Penalty rates
24. Overtime
Part 6—Leave and Public Holidays
25. Annual leave
26. Community service leave
27. Parental leave
28. Public holidays
Schedule A—Transitional Provisions
Schedule B—Classifications
Schedule C—Supported Wage System
Schedule D—School-based Apprentices
Schedule E—National Training Wage
Appendix E1: Allocation of Traineeships to Wage Levels
Part 1—Application and Operation
This award is the Local Government Industry Award 2010.
2. Commencement and transitional
2.1 This award commences on 1 January 2010.
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:
• minimum wages and piecework rates
• casual or part-time loadings
• Saturday, Sunday, public holiday, evening or other penalties
• shift allowances/penalties.
2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation.
2.5 Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.
2.6 Fair Work Australia may review the transitional arrangements:
(a) on its own initiative; or
(b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or
(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or
(d) in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.
3. Definitions and interpretation
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
community services means those employees whose role is to encourage, promote or conduct community pursuits or community development programs for the maintenance or improvement of general social and living standards with regard to family support, services related to income, welfare, employment, education, health, housing, youth, the aged, domiciliary, arts and/or culture including arts programs, exhibitions, museums, art galleries, events, entertainment and theatres
employee means a national system employee as defined in sections 13 and 30C of the Act
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)
full rate of pay has the meaning in the NES
garbage, sanitary and sullage services means services in the following work functions: recycling, street sweeping, waste collection, waste disposal including at tips, landfills and waste transfer stations including mechanical services in connection with these work functions
hourly ordinary time rate of an employee is 1/38th of the minimum weekly rate of pay specified in clause 14—Minimum wages for the employee’s classification
local government entity means a council, local council, county council, municipal council, shire council or other local government body created under or regulated by local government legislation of a State or Territory
local law enforcement and community safety services means those services undertaken to enforce one or more of the local government entity’s by-laws or any legislative requirements which the local government entity is empowered to enforce or to ensure community safety or security including rangers, security, parking inspectors, watchpersons or night patrol
minimum weekly rate of an employee is the minimum weekly rate of pay specified in clause 14—Minimum wages, for the employee’s classification
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client
recreation centres means a recreation centre, leisure centre, swimming pool, aquatic centre or sports centre or any other municipal centre that provides physical, recreational and/or cultural/historical activities or such other similar activities provided in the public interest
standard rate means the minimum hourly rate for a Level 4 employee in clause 14—Minimum wages being the minimum weekly rate divided by 38
tourism services means the following services: visitor and regional information centres; exhibition, convention and amusement complexes; heritage, tourism and cultural centres; animal parks and aquariums; guided tours and other educational services operated by local government for the benefit of tourists, visitors and the local community
transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This industry award covers employers throughout Australia in the local government industry and their employees in the classifications listed in Schedule B—Classifications to the exclusion of any other modern award.
4.2 In this award local government industry means all activities undertaken by local government entities, including activities undertaken by corporations controlled by one or more local government entities. In this subclause a corporation is controlled by one or more local government entities if one or more local government entities have the capacity to determine the outcome of decisions about the corporation’s financial and operating policies.
4.3 This award does not cover:
(a) the chief executive officer of a local government entity, however described;
(b) nurses engaged in accordance with the Nurses Award 2010;
(c) doctors engaged in accordance with the Medical Practitioners Award 2010;
(d) early childhood teachers (university qualified) engaged in accordance with the Educational Services (Teachers) Award 2010;
(e) early childhood assistants engaged in accordance with the Educational Services (Schools) General Staff Award 2010; or
(f) local government associations and their employees.
4.4 The award does not cover an employee excluded from award coverage by the Act.
4.5 The award does not cover 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.
4.6 The award does not cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.7 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.
4.8 This award covers employers which provide group training or related temporary employment services for apprentices and trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and trainees engaged by a group training or related temporary employment service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.
4.9 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and 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 subclause 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.
Part 3—Types of Employment and Termination of Employment
10.1 Employees will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
10.2 At the time of engagement, an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual. Such decision will then be recorded in the time and wages record.
A full-time employee is an employee engaged to work an average of 38 ordinary hours per week.
(a) An employer may employ part-time employees in any classification in this award.
(b) A part-time employee is an employee who:
(i) works less than the full-time hours of 38 per week;
(ii) has reasonably predictable hours of work; and
(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
(c) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and where practicable the actual starting and finishing times each day.
(d) Any agreed variation to the hours of work will be recorded in writing.
(e) An employer is required to roster a part-time employee for a minimum of one hour on any shift.
A part-time employee may agree to work up to an average of 38 ordinary hours per week at the hourly ordinary time rate provided the agreement is entered into without duress, in writing and stipulates that hours are to be paid at ordinary hours.
(g) Additional hours by direction
Where a part-time employee is directed to work hours in excess of the hours agreed under clause 10.4(c) or as varied under clause 10.4(d), such hours will be overtime and paid for at the rates prescribed in clause 24.2.
(h) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the minimum weekly rate prescribed in clause 14—Minimum wages for the work performed.
(a) A casual employee is an employee who is engaged and paid as such but does not include a part-time or full-time employee.
(b) Casual loading
Casual employees will be paid, in addition to the hourly ordinary time rate and rates payable for shift and weekend work on the same basis as a weekly employee, an additional loading of 25% of the hourly ordinary time rate for the classification in which they are employed as compensation instead of paid leave under this award and the NES.
(c) Penalties and overtime
Penalties, including public holiday penalties and overtime, for casual employees will be calculated on the hourly ordinary time rate for the classification in which they are employed exclusive of the casual loading.
11.1 Notice of termination is provided for in the NES.
11.2 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.
12.1 Redundancy pay is provided for in the NES.
12.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
12.3 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.
12.4 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 11.3.
(a) Subject to subclause 12.5(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 or award made under the Workplace Relations Act 1996 (Cth):
(i) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement 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 12.5 ceases to operate on 31 December 2014.
Part 4—Minimum Wages and Related Matters
13.1 All employees covered by this award will be classified according to the structure set out in Schedule B—Classifications.
13.2 Employers must advise employees in writing of their level on commencement of employment and of any subsequent changes to their level. The level will be determined by the employer according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of their employment.
14.1 A full-time adult employee will be paid not less than the minimum weekly rate of pay applicable to the employee’s classification for their 38 ordinary weekly hours as follows:
Classification |
Minimum weekly rate |
$ | |
Level 1 |
583.30 |
Level 2 |
603.90 |
Level 3 |
628.00 |
Level 4 |
637.60 |
Level 5 |
679.30 |
Level 6 |
737.20 |
Level 7 |
750.40 |
Level 8 |
812.90 |
Level 9 |
871.50 |
Level 10 |
955.00 |
Level 11 |
1080.10 |
Junior employees will be paid the following percentage of the appropriate wage rate set out in clause 14.1 as follows:
Age |
% of Minimum weekly rate |
Under 17 years |
55 |
17 years |
65 |
18 years |
75 |
19 years |
85 |
20 years |
95 |
(a) The terms of this award apply to apprentices, except where otherwise provided.
(b) The weekly minimum wage rates for apprentices are as follows:
(i) Four year apprenticeship
Year |
% of Level 4 |
1st year |
45 |
2nd year |
60 |
3rd year |
75 |
4th year |
90 |
(ii) Three year apprenticeship
Year |
% of Level 4 |
1st year |
45 |
2nd year |
70 |
3rd year |
90 |
(c) An adult apprentice will be paid no less than the minimum weekly rate for Level 2 in clause 14.1.
14.4 Supported wage system
See Schedule C
See Schedule D
14.6 National training wage
See Schedule E
15.1 Meal allowance in relation to overtime
(a) Employees who work more than two hours’ overtime in a minimum of 10 hours on duty will be paid a meal allowance of $12.00.
(b) Where the employer requires the employee to continue working for a further four hours of continuous overtime work, the employee will be paid an additional meal allowance of $12.00.
(c) A meal allowance is not payable:
(i) where the employee has been notified at least 24 hours in advance of the requirement to work overtime; or
(ii) where the employee is only required to work less than the time prescribed; or
(iii) where a meal is provided by the employer.
(a) Where an employer requires an employee to use their own vehicle in or in connection with the performance of their duties, such employee will be paid an allowance for each kilometre of authorised travel as follows:
(i) motor vehicle—$0.74 per kilometre; and
(ii) motorcycle—$0.25 per kilometre.
(b) An employer may require an employee to record full details of all such official travel requirements in a log book.
15.3 Tool allowance—tradespersons and apprentices
(a) Where the employer requires a tradesperson or an apprentice tradesperson to supply and maintain tools ordinarily required by the employee in the performance of their duties as a tradesperson, the employee will be paid an additional weekly amount of $17.00.
(b) This provision will not apply where the employer provides the tradesperson or apprentice with the required tools or while employees are absent from work.
15.4 Transfers, travelling and working away from normal starting point
(i) All employees upon engagement will be given a starting point which will be, subject to clause 15.4(a)(v), the commencement point of their daily work activities.
(ii) For the purposes of this clause, normal starting point means a workshop, depot, office or facility to which the employee is usually assigned or any other designated starting and/or finishing point.
(iii) Unless otherwise provided, each employee will be attached to one normal starting point only.
(iv) An employee may be attached to more than one normal starting point where multiple starting points form part of the nature of the work being performed.
(v) An employee may be transferred to a different normal starting point within the employer’s local government area at any time by the giving of reasonable notice provided that the relocation is reasonable in the circumstances and does not unreasonably disadvantage the employee.
(b) Excess travelling time and fares
(i) Where an employer requires an employee, other than a casual, to start work at a place away from the employee’s normal starting point, the employer will pay the employee:
• excess travelling time—at the employee’s ordinary rate for all time reasonably spent reaching and/or returning from the job which is in excess of the time normally spent in travelling between the employee’s usual residence and their normal starting point; and
• excess fares—any fares reasonably incurred by the employee that are in excess of the fares normally incurred in travelling between the employee’s usual residence and the employee’s normal starting point. The excess fares allowance will not be paid where the employee is provided with a vehicle by the employer or is paid the allowance as provided in clause 15.2 or has an arrangement with the employer for a regular vehicle allowance in excess of the allowance provided in clause 15.2.
(ii) Where a community services employee providing home care is required by the employer to travel between two or more work locations in any one day the employee will be reimbursed for travel expenses incurred for travel between the first and successive service points and will be paid at the appropriate rate of pay during travel time between the first and successive service points.
15.5 Reimbursement of expenses
(a) All reasonable expenses incurred by the employee at the direction of the employer, including out-of-pocket expenses, course fees and materials, telephones, accommodation, travelling expenses and the cost of special protective clothing, incurred in connection with the employee’s duties will be paid by the employer and, where practicable will be included in the next pay period.
(b) The method and mode of travelling or the vehicle to be supplied or to be used will be arranged mutually between the employer and the employee. Travelling arrangements will be agreed between the employer and the employee in advance.
(c) The employer will reimburse an employee, other than a tradesperson or apprentice, for the cost of any tools, instruments or special equipment purchased and supplied by the employee at the direction of the employer. However, reimbursement need not be made if the employer supplies the tools, instruments or equipment.
(d) The employer may require the employee to present proof of payment prior to the reimbursement.
15.6 Leading hand allowance
An employee at Level 3, 4 or 5 who is required by the employer to supervise other employees will be paid an allowance in addition to their classification rate of pay as follows:
Supervisor’s classification level |
Number of employees supervised |
% of the standard rate per week |
3 or 4 |
1 to 5 |
110 |
3 or 4 |
6 to 15 |
150 |
3, 4 or 5 |
Over 15 |
190 |
NOTE: The Level 1 and Level 2 classifications do not involve the supervision of other employees.
15.7 First aid allowance
(a) Where an employee who holds an appropriate first aid qualification is appointed by the employer to perform first aid duty, such an employee will be paid an additional weekly allowance of 70% of the standard hourly rate.
(b) Clause 15.7(a) will not apply where the requirement to hold a first aid certificate is a requirement of the position.
15.8 Adverse working conditions
(a) Operational and trade employees engaged in Levels 1 to 5 of this award will be paid an additional hourly allowance at the rate specified in clause 15.8(b) for all time worked by direction under adverse working conditions as defined in clause 15.8(c) provided that in all cases, in addition to the payment of this allowance, the employer will supply all appropriate protective clothing and equipment for working in the particular adverse conditions.
(b) An employee will be paid an additional hourly allowance for each hour in which work under adverse working conditions is performed as follows:
(i) Level 1 working conditions—3.5% of the standard rate; or
(ii) Level 2 working conditions—5% of the standard rate; or
(iii) Level 3 working conditions—100% of the standard rate.
(c) Definition of adverse working conditions definition
(i) Level 1 working conditions
The Level 1 working conditions allowance compensates for all adverse conditions associated with working outdoors and/or for moderately obnoxious, offensive or dirty working conditions, including:
• working in confined or cramped spaces;
• working in wet places;
• working in hot places where temperatures are artificially raised above 45 degrees Celsius;
• working at heights above 5 metres from the ground or other stable surface, including on temporary structures;
• working in dusty, muddy or dirty conditions;
• cleaning of public toilets and animal shelters;
• operating mechanical and pneumatic equipment;
• removing or destroying dead animals;
• handling or use of herbicides, insecticides and/or other poisonous or toxic substances;
• working with dirty materials such as asphalt, concrete, epoxy compounds, green or second-hand timber, insulation materials, grease, oil and other dirty building and construction materials;
• collection, removal and/or disposal of non-putrescible waste; and
• collection, removal and/or disposal of putrescible waste by mechanical means.
(ii) Level 2 working conditions
The Level 2 working conditions allowance compensates for the nature of highly obnoxious, offensive or dirty working conditions, which typically includes:
• clearing of sewer chokes;
• maintenance, connections to and/or repair of sewerage equipment;
• cleaning septic tanks, septic closets and/or chemical closets by mechanical means;
• reopening or exhumation of graves; digging graves in wet ground or where there is seepage from adjacent graves;
• handling infected materials;
• collection, removal and/or disposal of putrescible waste other than by mechanical means;
• working at waste depots, waste collection and/or waste transfer stations (other than employees engaged in gardening and/or lawn maintenance and employees engaged to work in enclosed weighbridges); and
• engaged in the collection, removal and/or disposal of, sludge from cess pits and/or grease traps.
(iii) Level 3 working conditions
The Level 3 working conditions allowance compensates for the nature of extremely obnoxious, offensive or dirty work in septic and sewerage treatment services, which typically includes:
• working in digestion tanks at sewerage treatment works;
• entering and cleaning aeration ponds or wet wells at sewer pump stations;
• working in live sewers; and
• cleaning septic tanks, septic closets and/or chemical closets by other than mechanical means.
(d) An employer may make an average payment equivalent to an agreed number of hours per week where the employee is regularly required to work under adverse working conditions as defined in clause 15.8(c).
(e) Adverse working conditions allowances are not payable during periods of leave.
15.9 Transitional provision—payment of fares and library allowance
(a) An employee who is entitled to the payment of fares on engagement or completion of employment (fares) or a library allowance in accordance with the terms of a notional agreement preserving a State award or a federal award applying in only one State or Territory:
(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-based transitional instrument or agreement made under the Act had applied to the employee; and
(ii) that would have entitled the employee to provisions for the payment of fares on engagement or completion of employment in excess of the employee’s entitlement to such fares or library allowance under this award,
is entitled to the amount of such fares or library allowance which exceeds the employee’s entitlement, if any, in respect of those matters under this award.
(b) Clause 15.9 ceases to operate on 31 December 2014.
15.10 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 |
Vehicle allowance |
Private motoring sub-group |
Tool allowance |
Tools component of the household appliances, utensils and tools sub-group |
16.1 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-based transitional instrument or enterprise agreement had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
16.2 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-based transitional instrument or enterprise agreement had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
16.3 This clause ceases to operate on 31 December 2014.
17.1 Subject to clause 17.2, 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-based transitional instrument or enterprise agreement 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.
17.2 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.
17.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.
17.4 This clause ceases to operate on 31 December 2014.
18.1 An employee directed or appointed to relieve in a higher level position where the employee is required to perform the substantive functions of the role for more than one day will be paid at the higher rate.
18.2 Higher duties will not be paid when the relieving employee is absent on leave or on a public holiday.
At the employer’s discretion, employees will be paid weekly, fortnightly or as otherwise agreed by the employer and employee, by electronic funds transfer into the employee’s nominated account or other agreed method.
20.1 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.
20.3 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 20.2.
(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 subclauses 20.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or (b) was made.
20.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b) to one of the following superannuation funds or its successor:
(a) City of Melbourne Superannuation Sub Plan (CMSSP);
(b) City of Perth Superannuation Fund;
(c) City Super;
(d) LGsuper;
(e) Local Government Superannuation Scheme (LGSS);
(f) Local Super;
(g) Quadrant Superannuation Scheme;
(h) Tasplan;
(i) Vision Super;
(j) WA Local Government Superannuation Plan; or
(k) 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 20.2 and pay the amount authorised under clauses 20.3(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
21. Ordinary hours of work and rostering
21.1 For the purpose of the NES, ordinary hours of work under this award are 38 per week.
21.2 Days on which ordinary hours can be worked
(a) Except as otherwise provided, days on which an employee’s ordinary hours can be worked are Monday to Friday.
(b) Days on which ordinary hours for employees in the following roles or work areas can be worked are Monday to Sunday:
(i) aerodromes/airports;
(ii) caretakers/hall keepers;
(iii) catering/hospitality;
(iv) cleaners;
(v) community services;
(vi) customer service centres;
(vii) garbage, sanitary and sullage services;
(viii) local law enforcement and community safety services;
(ix) libraries;
(x) livestock and saleyards;
(xi) parking station attendants;
(xii) recreation centres; and
(xiii) tourism services.
(c) Except as otherwise provided, an employee who works ordinary hours on a Saturday or Sunday in a role/work area as prescribed in clause 21.2(b) will be entitled to weekend penalty rates in accordance with clause 23.2.
(a) The span of ordinary hours of work on a day on which ordinary hours can be worked will be between 6.00 am and 6.00 pm, except for employees engaged in the following roles/work areas:
(i) childcare services—the span of hours will be 6.00 am to 7.00 pm;
(ii) libraries—the span of hours will be 8.00 am to 9.00 pm; and
(iii) aerodromes, airports, caretakers, catering, cleaners, community services, garbage, sanitary and sullage services, hall keepers, hospitality, livestock and saleyards, local law enforcement and community safety services, parking station attendants, recreation centres and tourism services—the span of hours will be 5.00 am to 10.00 pm.
(b) An employee may work ordinary hours outside of the span provided in this clause, provided the employee is paid a weekday penalty in accordance with clause 23.1 for hours actually worked.
(a) The ordinary hours of work for a full-time employee are an average of 38 hours per week (not including unpaid meal breaks) over a period of 28 days worked.
(b) If an accrued rostered day off falls on a public holiday as prescribed in the NES, the next working day will be substituted, or another day by written agreement.
21.5 Maximum ordinary hours in a day
An employee may work up to a maximum of 10 ordinary hours on any day/shift (excluding unpaid meal breaks) or, by agreement between the employer and employee, up to a maximum of 12 ordinary hours on any day/shift.
21.6 Rosters and changes to rosters
(a) A roster for full-time and part-time employees showing normal starting and finishing times and the surname and initials of each employee will be prepared by the employer and will be made available to employee/s at their request.
(b) A roster can be altered by mutual consent at any time and may be altered by the employer on seven days’ notice. Where practicable, two weeks’ notice of rostered day or days off should be given provided that the days off may be changed by mutual consent or through illness or other cause over which the employer has no control.
21.7 Flexible working arrangements
An employer and employee may agree to flexible working arrangements which include flexitime, banked hours, make-up time, accrued and rostered days off, and/or seasonal working arrangements.
22.1 An employee will not be required to work more than five hours without receiving an unpaid meal break of at least 30 minutes.
22.2 In the case of unforeseen circumstances, the meal break may be delayed and will be taken as soon as practicable, subject to the observance of appropriate health and safety standards.
An employee required to work ordinary hours on a Monday to Friday outside the span of hours provided in clause 21.3 will be paid a penalty of 20% in addition to the hourly ordinary time rate for hours worked outside of such span.
An employee who works on a Saturday or Sunday in a role/work area specified in clause 21.2(b) will be entitled to the following penalties for all ordinary hours worked:
(a) all ordinary hours worked on a Saturday will be paid at the rate of time and a half. Saturday is taken to commence at midnight on Friday and finish at midnight on Saturday;
(b) all ordinary hours worked on a Sunday will be paid at the rate of time and three quarters. Sunday is taken to commence at midnight on Saturday and finish at midnight on Sunday; and
(c) weekend penalty rates for ordinary hours worked in accordance with clauses 23.2(a) and (b) will be paid for the actual time worked on Saturday and/or Sunday.
23.3 Weekend penalties for recreation centres and community services
Employees engaged in recreation centres or community services will not be entitled to weekend penalty rates for ordinary hours worked on Saturday or Sunday between the hours of 5.00 am and 10.00 pm. All other weekend hours for such employees will be paid according to clause 23.2.
Unless otherwise provided, overtime means all work performed at the direction of the employer:
(a) in excess of the employee’s ordinary weekly hours as specified in clause 21.1;
(b) on days other than ordinary working days as specified in clause 21.2; or
(c) in excess of the maximum ordinary hours on any day provided by clause 21.5.
(a) Except as otherwise provided, overtime will be paid at the rate of time and a half for the first two hours and double time thereafter.
(b) Overtime worked on a Sunday will be paid at the rate of double time.
(c) The payment for overtime rates is calculated on the employee’s hourly ordinary time rate.
24.3 Time off instead of payment for overtime
(a) An employee may elect, with the consent of the employer, to take time off instead of payment for overtime.
(b) Overtime taken as time off during ordinary time hours must be taken at the ordinary time rate, that is an hour off for each hour of overtime worked.
(c) Time off instead of payment for overtime must be taken at a mutually convenient time and within four weeks of the overtime being worked.
(d) Unless otherwise agreed, an employer will provide payment at the appropriate overtime rate for any overtime worked under clause 24.1 where time off has not been taken within four weeks of the overtime being worked.
24.4 Rest period after overtime
(a) Wherever reasonably practicable, working hours should be arranged so that an employee has at least 10 consecutive hours off duty between the work on successive days or shifts.
(b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to the other provisions of this clause, be released until the employee has had 10 consecutive hours off duty without loss of pay of ordinary hours occurring during such absence.
(c) If on the instructions of the employer, an employee resumes or continues work without having had the 10 consecutive hours off the employee must be paid at the rate of double time until the employee is released from duty for such period. The employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.
(d) On call, call-back and remote response
Notwithstanding clauses 24.4(a) to (c), this clause will not apply where an employee works for less than three hours on call, call-back or remote response on any one day in accordance with clauses 24.5 or 24.6.
(a) For the purposes of this award, an employee will be deemed to be on a call-back if the employee is recalled to work overtime after leaving the employer’s premises or worksite and without receiving prior notice of the requirement to work overtime before ceasing work. Provided that employees will not be deemed to be on call-back where the employee works such overtime continuous with the employee’s ordinary hours.
(b) Any employee who is called back to work will be paid for a minimum of three hours’ work at the appropriate overtime rate for each time so recalled. Provided that any subsequent call-backs occurring within three hours of a call-back will not attract any additional payment. An employee working on a call-back will be paid the appropriate overtime rate from the time that such employee departs for work.
(c) Except in the case of unforeseen circumstances arising, the employee will not be required to work the full three hours if the job that the employee was recalled to perform is completed within a shorter period. This clause will not apply in cases where the call-back is continuous subject to a reasonable meal break with the commencement of ordinary hours.
(a) An employee directed by the employer to be available for duty outside of the employee’s ordinary working hours will be on call. An employee on call must be able to be contacted and immediately respond to a request to attend work.
Where the employee is on call, the employee will be paid an on call allowance each day equivalent to:
(i) one hour at the standard rate for an employee on call, Monday to Friday inclusive;
(ii) one and a half hours at the standard rate if required to be on call on a Saturday; or
(iii) two hours at the standard rate if required to be on call on a Sunday or a public holiday.
(c) Call out
An employee who is on call and in receipt of an on call allowance will be paid at the appropriate overtime rate for time required to attend work. Actual time worked will be deemed to apply from the time the employee leaves home.
(d) Remote response
An employee who is in receipt of an on call allowance and available to immediately:
(i) respond to phone calls or messages;
(ii) provide advice (‘phone fixes’);
(iii) arrange call out/rosters of other employees; and
(iv) remotely monitor and/or address issues by remote telephone and/or computer access,
will be paid the applicable overtime rate for the time actually taken in dealing with each particular matter.
(e) An employee remotely responding will be required to maintain and provide to the employer a time sheet of the length of time taken in dealing with each matter remotely for each day commencing from the first remote response. The total overtime paid to an employee for all time remotely responding in any day commencing from the first response will be rounded up to the nearest 15 minutes.
(a) A community service employee who is required to be present at the workplace for any period while on a sleepover shift will be paid 50% of the standard rate for each hour plus the on call allowance provided for in clause 24.6(b).
(b) Time spent while on a sleepover shift will not be regarded as ordinary hours or as time worked for any purpose whatsoever.
(c) Payment of the on call allowance referred to in clause 24.7(a) will be payment for work undertaken by the employee during any continuous period of a sleepover shift unless the work is in excess of either:
(i) one hour; or
(ii) two call outs.
(d) Subject to clause 24.7(c), an employee called out to work will be paid at overtime rates for the period of the call out with a minimum payment of 30 minutes.
(e) A sleepover shift will not exceed 12 hours unless the premises at which the employee is required to remain is the employee’s principal place of residence, in which case the employee may be on a sleepover shift for up to 14 hours.
(f) An employee will not be entitled to the sleepover shift allowance prescribed by this clause for any hour in respect of which they are entitled to payment for ordinary hours or overtime.
Part 6—Leave and Public Holidays
25.1 Annual leave is provided for in the NES. This clause supplements or deals with matters incidental to the NES provisions.
25.2 Shiftworkers for the purposes of the NES
(a) For the purpose of s.87(1)(b) of the Act, a shiftworker is an employee:
(i) who works a roster and who, over the roster cycle, may be rostered to work ordinary shifts on any of the seven days of the week; and
(ii) 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 monthly period as a shiftworker, that employee must have their annual leave increased by half a day for each month the employee is continuously engaged as a shiftworker.
25.3 Payment for annual leave
Employees will be paid their minimum weekly rate of pay during periods of annual leave.
25.4 Annual leave loading
(a) The employee will be paid an annual leave loading of 17.5% calculated on the employee’s minimum weekly rate of pay in addition to payment for annual leave provided.
(b) Annual leave loading will, at the discretion of the employer, be paid in any of the following ways:
(i) on the anniversary date of employment;
(ii) on the same date each year as determined by the employer; or
(iii) when taking annual leave.
(c) The maximum amount of annual leave loading that an employer may be required to pay in any year of service will not exceed 70% of the minimum weekly rate for Level 11.
25.5 Requirement to take annual leave—excessive accrual and annual close-down
An employer may require an employee to take annual leave by giving at least four weeks’ notice in the following circumstances:
(a) as part of a close-down of its operations; or
(b) where more than eight weeks’ leave is accrued, provided that the employee retains a balance of at least eight weeks.
25.6 Leave in advance
(a) An employee may agree with their employer to take annual leave in advance of an entitlement accruing under the NES.
(b) The employer may deduct from the employee’s termination payments, leave taken in advance where the entitlement to that leave has not accrued as at the date of termination.
25.7 Transitional provision—personal/carer’s leave and compassionate leave
(a) An employee who is entitled to personal or sick leave in accordance with the terms of a notional agreement preserving a State award or a federal award applying in only one State or Territory:
(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-based transitional instrument or no agreement made under the Act had applied to the employee; and
(ii) that would have entitled the employee to personal or sick leave in excess of the employee’s entitlement to such leave under this award or the NES,
is entitled to the amount of sick or personal leave which exceeds the employee’s entitlement to such leave under this award or the NES.
(b) This clause ceases to operate on 31 December 2014.
Community service leave is provided for in the NES.
Parental leave is provided for in the NES.
28.1 Public holidays are provided for in the NES.
28.2 Where an employee is required to work on a public holiday they will be paid at the rate of double time and a half for the actual hours worked.
28.3 Where an employee is required to work on the observed public holiday they will be paid at the rate of double time and a half for the actual hours worked. An employee who works on an observed and actual public holiday will be paid the penalty rate for working on the observed public holiday, but not both.
28.4 An employer and employee may agree to substitute a public holiday as provided by the NES with an alternative day.
28.5 When a public holiday occurs on a day on which an employee is rostered off while employed on a seven day a week rotating roster system, the employee will be paid a day’s pay at ordinary rates in addition to the ordinary week’s pay. The employer may instead of making such additional payment, grant a day’s leave for each such public holiday which may be taken at such time as is mutually agreed to between the employer and the employee.
Schedule A—Transitional Provisions
A.1 General
A.1.1 The provisions of this schedule deal with minimum obligations only.
A.1.2 The provisions of this schedule are to be applied:
(a) when there is a difference, in money or percentage terms, between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;
(b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;
(c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument; or
(d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.
A.2 Minimum wages – existing minimum wage lower
A.2.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.
A.2.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.
A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.
A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.3 Minimum wages – existing minimum wage higher
A.3.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.
A.3.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.
A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.
A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.4 Loadings and penalty rates
For the purposes of this schedule loading or penalty means a:
• casual or part-time loading;
• Saturday, Sunday, public holiday, evening or other penalty;
• shift allowance/penalty.
A.5 Loadings and penalty rates – existing loading or penalty rate lower
A.5.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.
A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.
A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.
A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.6 Loadings and penalty rates – existing loading or penalty rate higher
A.6.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award, or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award, for any classification of employee.
A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.
A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award, the transitional percentage is the rate in A.6.2.
A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:
First full pay period on or after |
|
1 July 2010 |
80% |
1 July 2011 |
60% |
1 July 2012 |
40% |
1 July 2013 |
20% |
A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.7 Loadings and penalty rates – no existing loading or penalty rate
A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.
A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.
A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:
First full pay period on or after |
|
1 July 2010 |
20% |
1 July 2011 |
40% |
1 July 2012 |
60% |
1 July 2013 |
80% |
A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
This award structure consists of skill-based classifications defined according to the following skill descriptors. Various positions may also require employees to hold and maintain appropriate licences, certificates and/or tickets for the operation of machinery, plant and/or tools.
Level 1 covers entry level for operational employees with minimal experience and qualifications.
B.1.1 Authority and accountability: Completion of generic and basic tasks involving the utilisation of basic skills under established practices and procedures. Individual or team work is closely monitored under direct supervision.
B.1.2 Judgment and problem solving: Judgment is minimal and work activities include routine and clearly defined work which is co-ordinated by other employees. The tasks to be performed may involve the use of a basic range of tools, techniques and methods within a limited range of work.
B.1.3 Specialist knowledge and skills: Job specific knowledge and skill are obtained through on-the-job training and workplace-based induction training.
B.1.4 Management skills: Not required at this level.
B.1.5 Interpersonal skills: Limited to basic communications with other staff and possibly with the public.
B.1.6 Qualifications and experience: An employee in this level will have commenced on-the-job training, which may include an induction course.
Level 2 covers operational employees undertaking duties and responsibilities in excess of Level 1 with relevant local government industry or equivalent experience.
B.2.1 Authority and accountability: Completion of basic tasks involving the utilisation of a range of basic skills under established practices and procedures. Work is monitored under supervision either individually or in a team environment.
B.2.2 Judgment and problem solving: Judgment is limited to the tasks to be performed and may involve the use of a limited range of tools, techniques and methods within a specified range of work. An employee may resolve minor problems that relate to immediate work tasks.
B.2.3 Specialist knowledge and skills: Obtained through on-the-job training and workplace induction training. May include off-the-job training through accredited short courses.
B.2.4 Management skills: Not required at this level.
B.2.5 Interpersonal skills: Limited to basic communications with other staff and possibly with the public.
B.2.6 Qualifications and experience: Completion of Year 10 and/or an appropriate labour market program or similar work/skills.
Level 3 covers operational employees undertaking duties and responsibilities in excess of Level 2 and entry level administrative employees.
B.3.1 Authority and accountability: Responsible for completion of regularly occurring tasks with general guidance on a daily basis. May supervise work or provide on-the-job training, based on their skills and/or experience, to employees of the same or lower levels.
B.3.2 Judgment and problem solving: Personal judgment is required to follow predetermined procedures where a choice between more than two options is present. Work performed falls within general guidelines but with scope to exercise discretion in the application of established practices and procedures.
B.3.3 Specialist knowledge and skills: Application of developed skills acquired through on-the-job training or accredited external training over a number of months. Positions may require demonstrated competence in administrative areas.
B.3.4 Management skills: Not required at this level.
B.3.5 Interpersonal skills: Employees at this level require communication skills to enable them to effectively communicate with clients, other employees and members of the public and in the resolution of minor matters.
B.3.6 Qualifications and experience: Qualifications or relevant experience in accordance with the requirements of work in this level, which may be acquired through a Certificate II or a non-trades Certificate III, however described.
Level 4 covers operational and administrative employees undertaking duties and responsibilities in excess of Level 3 and is the entry level for technical and trades employees.
B.4.1 Authority and accountability: Work performed is within general guidelines. May supervise work or provide on-the-job training, based on their skills and/or experience, to employees of the same or lower levels. Responsible for leading employees in operational duties or the application of trades, administrative or technical skills.
B.4.2 Judgment and problem solving: The nature of the work is clearly defined with procedures well understood. Tasks performed may involve selection from a range of existing techniques, systems, equipment, methods or processes. Guidance is available from more senior staff.
B.4.3 Specialist knowledge and skills: Requires demonstrated competence in a number of key skill areas related to major elements of the job. Proficiency in the application of standardised procedures and practices. May also include the operation of tools, plant, machinery and/or equipment, in accordance with the requirements of the position. Performance of trades and non-trade tasks incidental to the work.
B.4.4 Management skills: Provide employees with on-the-job training, guidance and basic knowledge of workplace policies and procedures. Employees may lead small groups of employees at the ‘work face’.
B.4.5 Interpersonal skills: Employees at this level require effective communication skills to enable them to communicate with clients, other employees and members of the public and in the resolution of routine and usual matters.
B.4.6 Qualifications and experience: Qualifications or relevant experience in accordance with the requirements of work in this level which may be acquired through:
(a) a trade certificate or equivalent;
(b) completion of accredited/industry-based training courses equivalent to a Certificate IV (non-trade); and/or
(c) knowledge and skills gained through on-the-job training.
B.5 Level 5
Level 5 covers technical, administrative and trades employees undertaking duties and responsibilities in excess of Level 4.
B.5.1 Authority and accountability: The exercise of discretion within standard practices and processes and may involve the exercise of high precision occupational skills using various specialised techniques, systems, equipment, methods or processes. Positions provide local decisions, direction, leadership and on-the-job training to supervised employees or groups of employees.
B.5.2 Judgment and problem solving: Skills to solve problems which require assessment of a range of options having elements of complexity in reaching decisions and making recommendations. For supervisors, the work processes often requires the quantification of the amount of resources needed to meet those objectives. Assistance may be readily available from other staff in the work area in solving problems.
B.5.3 Specialist knowledge and skills: Specialist knowledge in a number of advanced skill areas relating to the more complex elements of post-trades or specialist disciplines either through formal training programs or on-the-job training.
B.5.4 Management skills: May require skills in co-ordinating a team of employees, to motivate and monitor performance against work outcomes. Positions may lead large groups of employees at the ‘work face’.
B.5.5 Interpersonal skills: Persuasive communication skills are required to participate in specialised discussions to resolve issues, including explaining policy to the public and/or others and reconciling different points of view.
B.5.6 Qualifications and experience: Positions require thorough working knowledge and experience of all work procedures for the application of technical, trades or administrative skills, based upon suitable certificate or post-certificate level qualifications which may include:
(a) post-trade certificate and/or other post-secondary qualification below diploma or degree; or
(b) extensive knowledge and skill gained through on-the-job training in accordance with the requirements of the work in this level.
Level 6 covers administrative, technical or trades employees undertaking duties and responsibilities in excess of Level 5.
B.6.1 Authority and accountability: May be responsible for providing a specialised/technical service and for completing work with elements of complexity. May make internal and external recommendations which represent the employer to the public and/or other organisations. Employees are accountable for the quality, effectiveness, cost and timeliness of the programs, projects or work plans under their control and for safety and security of the assets being managed.
B.6.2 Judgment and problem solving: Judgment and problem solving skills are required where there is a lack of definition requiring analysis of a number of options. Typical judgments may require variation of work priorities and approaches; some creativity and originality may be required. Guidance and counsel may be available within the time available to make a choice.
B.6.3 Specialist knowledge and skills: Employees have advanced knowledge and skills in a number of areas where analysis of complex options is involved.
B.6.4 Management skills: May provide higher level supervision of groups of operational, administrative, trades or technical employees. Employees supervised may be in a number of different work areas, requiring motivation, monitoring, managing and co-ordination to achieve specific outputs. Positions may require an understanding and implementation of relevant employment policies and practices.
B.6.5 Interpersonal skills: Skills to communicate with employees in lower levels and the public. Employees in this level are expected to write detailed and non-standard reports and correspondences in their field of expertise.
B.6.6 Qualifications and experience: Positions require working knowledge and experience of all work procedures for the application of technical, trades or administrative skills in the most complex areas of the job and suitable qualifications, which may include:
(a) diploma or advanced diploma; or
(b) appropriate in-house training or equivalent.
Level 7 covers specialist technical employees undertaking duties in excess of Level 6 and is the entry level for graduate professional employees.
B.7.1 Authority and accountability: Provides professional and/or specialist technical services to complete assignments or projects in consultation with other employees. May work with a team of employees requiring the review and approval of more complex elements of the work.
B.7.2 Judgment and problem solving: Problems require assessment of a range of options having elements of complexity in reaching decisions and making recommendations. Precedent is available from the employer’s internal sources, and assistance is usually available from other professional and/or specialist technical employees in the work area.
B.7.3 Specialist knowledge and skills: Positions require considerable knowledge and a level of skill in a specific area to resolve issues having elements of complexity which may not be clearly defined.
B.7.4 Management skills: Technical and administrative employees at this level may manage minor projects involving employees in lower levels and other resources. Graduate professional employees at this level are not expected to perform such management functions.
B.7.5 Interpersonal skills: Persuasive skills are required to participate in technical discussions to resolve problems, explain policy and reconcile viewpoints. Employees may write reports in the field of their expertise and/or prepare external correspondence.
B.7.6 Qualifications and experience: Skills and knowledge needed are beyond those normally acquired through the completion of secondary education alone and normally acquired through completion of a degree with little or no relevant work experience, or a diploma with considerable work experience.
B.8 Level 8
Level 8 covers professionals/specialists positions that provide both advisory and project management responsibilities in excess of Level 7. The positions in Level 8 generally have a major impact upon the day-to-day operations of a function, department or work area of the employer.
B.8.1 Authority and accountability: Provides a specialist service in the completion of work and/or projects which have elements of complexity (composed of many parts that may be more conceptual than definite).
B.8.2 Judgment and problem solving: Positions require the interpretation of information and development of suitable procedures to achieve satisfactory outcomes. The nature of the work is usually specialised with methods, procedures and processes developed from theory or precedent. Decision making requires analysis of data to reach decisions and/or determine progress.
B.8.3 Specialist knowledge and skills: Positions require the application of extensive knowledge and a high level of skill in a specific area to resolve issues having elements of complexity.
B.8.4 Management skills: Technical employees at this level may manage more complex projects involving people and other resources. Professional employees at this level may manage minor projects involving employees in lower levels and other resources.
B.8.5 Interpersonal skills: Interpersonal skills in leading and motivating employees in different teams/locations may be required, as well as persuasive skills to resolve problems or provide specialised advice.
B.8.6 Qualifications and experience: Employees at this level supplement base level professional qualifications with additional skills training. Considerable practical experience or skills training is required to effectively control key elements of the job.
B.9 Level 9
Level 9 involves duties and responsibilities in excess of Level 8 and typically involves key specialists in a specific field and the undertaking of a management function. Level 9 also covers experienced professionals.
B.9.1 Authority and accountability: Accountable for the effective management of major sections or projects within their area of expertise. Provides a professional advisory role to people within or outside the employer on major areas of policy or on key issues of significance to the organisation. Such advice may commit the employer and have significant impact upon external parties dealing with the employer. The position’s influence would have an important role in the overall performance of the function.
B.9.2 Judgment and problem solving: Employees have a high level of independence and determine and/or oversee the framework for problem solving or set strategic plans. At this level, the position may represent management or the employer in the resolution of problems.
B.9.3 Specialist knowledge and skills: Positions require knowledge and skills for the direction and control of a key function of the employer or major functions within a department. Positions require expert knowledge and skills involving elements of creativity and innovation in addressing and resolving major issues.
B.9.4 Management skills: Employees may direct professional or other staff in the planning, implementation and review of major programs, as well as participating as a key member of a functional team. Positions at this level may also be required to manage staff, resolve operational problems and participate in a discrete management team to resolve key problems.
B.9.5 Interpersonal skills: Interpersonal skills in leading and motivating staff will be required at this level. Positions require the ability to persuade, convince or negotiate with staff, clients, members of the public, tribunals and persons in other organisations in the pursuit and achievement of specific and set objectives. Communication skills may be required to enable provision of key advice both within and outside the employer and to liaise with external bodies.
B.9.6 Qualifications and experience: Employees will have a relevant degree or equivalent with extensive practical experience.
B.10 Level 10
Level 10 positions can be described as those which have a management focus upon the attainment of operational and strategic objectives. This level includes senior managers who report to senior executive officers.
B.10.1 Authority and accountability: Makes determinative decisions and is accountable under delegated authority. Influences day-to-day and/or strategic direction of a department. May lead development and/or implementation of policy.
B.10.2 Judgment and problem solving: Resolution of problems which require analytic reasoning and integration of wide-ranging and complex information. High level of independence in determining direction and approach to issues.
B.10.3 Specialist knowledge and skills: Positions require the application of a range of specialist knowledge and skills, including relevant legislation, policies and other areas of precedent.
B.10.4 Management skills: Application of developed management skills to establish and/or monitor goals and objectives. Manage employees, budgets, work programs or major projects of the employer or a department utilising leadership, evaluation and monitoring skills to facilitate achievement of objectives. Ability to generate innovative approaches to more effectively deploy resources, meet changing circumstances and improve services.
B.10.5 Interpersonal skills: Employees at this level are required to use highly developed interpersonal skills to influence, persuade and/or motivate others to achieve objectives critical to the employer and to resolve conflict.
B.10.6 Qualifications and experience: Employees require a relevant degree or equivalent and management experience.
B.11 Level 11
Level 11 positions can be described as those which have a management focus upon the attainment of operational and strategic objectives undertaking duties and responsibilities at a higher level than Level 10 and includes senior executive officers (but not the chief executive officer, however described) who have overall responsibility and accountability for a number of significant functions.
B.11.1 Authority and accountability: Makes determinative decisions and is accountable under delegated authority. Influences day-to-day and/or strategic direction of a department. Leads policy development and implementation.
B.11.2 Judgment and problem solving: Resolution of problems which require highly analytic reasoning and integration of wide-ranging and complex information. High level of independence in determining direction and approach to issues.
B.11.3 Specialist knowledge and skills: Positions require the application of a wide range of specialist knowledge and skills, including relevant legislation and policies and other areas of precedent.
B.11.4 Management skills: Application of highly developed management skills to establish and/or monitor goals and objectives. Manage employees, budgets, work programs or major projects of the employer or a department utilising leadership, evaluation and monitoring skills to facilitate achievement of objectives. Ability to generate innovative approaches to more effectively deploy resources, meet changing circumstances and improve services.
B.11.5 Interpersonal skills: Positions at this level are required to use highly developed interpersonal skills to influence, persuade and/or motivate others to achieve objectives critical to the employer and to resolve complex conflict situations.
B.11.6 Qualifications and experience: Positions require a relevant degree or equivalent and significant management experience.
Schedule C—Supported Wage System
C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
C.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (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
C.3 Eligibility criteria
C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
C.4 Supported wage rates
C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
Assessed capacity (clause C.5) % |
Relevant minimum wage % |
10 |
10 |
20 |
20 |
30 |
30 |
40 |
40 |
50 |
50 |
60 |
60 |
70 |
70 |
80 |
80 |
90 |
90 |
C.4.2 Provided that the minimum amount payable must be not less than $71 per week.
C.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
C.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
C.6 Lodgement of SWS wage assessment agreement
C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with Fair Work Australia.
C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by 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.
C.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
C.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
C.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
C.10 Trial period
C.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $71 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause C.5.
Schedule D—School-based Apprentices
D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
D.4 For the purposes of clause D.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.
D.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.
D.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.
D.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.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award
Schedule E—National Training Wage
E.1 Title
This is the National Training Wage Schedule.
E.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(c) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(d) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(e) not include any period during a calendar year in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
E.3 Coverage
E.3.1 Subject to clauses E.3.2 to E.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix E1 to this schedule or by clause E.3.4 of this schedule.
E.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix E1 to this schedule.
E.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
E.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.
E.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.
E.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
E.4 Types of Traineeship
The following types of traineeship are available under this schedule:
E.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
E.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
E.5 Minimum Wages
E.5.1 Minimum wages for full-time traineeships
(a) Wage Level A
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix E1 are:
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per week |
per week |
per week | |
$ |
$ |
$ | |
School leaver |
245.00 |
270.00 |
323.00 |
Plus 1 year out of school |
270.00 |
323.00 |
375.00 |
Plus 2 years out of school |
323.00 |
375.00 |
437.00 |
Plus 3 years out of school |
375.00 |
437.00 |
500.00 |
Plus 4 years out of school |
437.00 |
500.00 |
|
Plus 5 or more years out of school |
500.00 |
||
(b) Wage Level B
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix E1 are:
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per week |
per week |
per week | |
$ |
$ |
$ | |
School leaver |
245.00 |
270.00 |
313.00 |
Plus 1 year out of school |
270.00 |
313.00 |
360.00 |
Plus 2 years out of school |
313.00 |
360.00 |
423.00 |
Plus 3 years out of school |
360.00 |
423.00 |
482.00 |
Plus 4 years out of school |
423.00 |
482.00 |
|
Plus 5 or more years out of school |
482.00 |
||
(c) Wage Level C
Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix E1 are:
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per week |
per week |
per week | |
$ |
$ |
$ | |
School leaver |
245.00 |
270.00 |
312.00 |
Plus 1 year out of school |
270.00 |
312.00 |
351.00 |
Plus 2 years out of school |
312.00 |
351.00 |
392.00 |
Plus 3 years out of school |
351.00 |
392.00 |
437.00 |
Plus 4 years out of school |
392.00 |
437.00 |
|
Plus 5 or more years out of school |
437.00 |
||
(d) AQF Certificate Level IV traineeships
(i) Subject to clause E.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause E.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
per week |
per week | |
$ |
$ | |
Wage Level A |
519.00 |
539.00 |
Wage Level B |
500.00 |
519.00 |
Wage Level C |
454.00 |
471.00 |
E.5.2 Minimum wages for part-time traineeships
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per hour |
per hour |
per hour | |
$ |
$ |
$ | |
School leaver |
8.06 |
8.88 |
10.63 |
Plus 1 year out of school |
8.88 |
10.63 |
12.34 |
Plus 2 years out of school |
10.63 |
12.34 |
14.38 |
Plus 3 years out of school |
12.34 |
14.38 |
16.45 |
Plus 4 years out of school |
14.38 |
16.45 |
|
Plus 5 or more years out of school |
16.45 |
||
(b) Wage Level B
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per hour |
per hour |
per hour | |
$ |
$ |
$ | |
School leaver |
8.06 |
8.88 |
10.30 |
Plus 1 year out of school |
8.88 |
10.30 |
11.84 |
Plus 2 years out of school |
10.30 |
11.84 |
13.91 |
Plus 3 years out of school |
11.84 |
13.91 |
15.86 |
Plus 4 years out of school |
13.91 |
15.86 |
|
Plus 5 or more years out of school |
15.86 |
||
(c) Wage Level C
Highest year of schooling completed | |||
Year 10 |
Year 11 |
Year 12 | |
per hour |
per hour |
per hour | |
$ |
$ |
$ | |
School leaver |
8.06 |
8.88 |
10.26 |
Plus 1 year out of school |
8.88 |
10.26 |
11.55 |
Plus 2 years out of school |
10.26 |
11.55 |
12.89 |
Plus 3 years out of school |
11.55 |
12.89 |
14.38 |
Plus 4 years out of school |
12.89 |
14.38 |
|
Plus 5 or more years out of school |
14.38 |
||
(d) School-based traineeships
Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix E1 are as follows when the trainee works ordinary hours:
Year of schooling | |
Year 11 or lower |
Year 12 |
per hour |
per hour |
$ |
$ |
8.06 |
8.88 |
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
per hour |
per hour | |
$ |
$ | |
Wage Level A |
17.07 |
17.73 |
Wage Level B |
16.45 |
17.07 |
Wage Level C |
14.93 |
15.49 |
(f) Calculating the actual minimum wage
(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses E.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
E.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.
E.5.4 Default wage rate
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix E1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
E.6 Employment conditions
E.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
E.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
E.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
E.6.4 Subject to clause E.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
Appendix E1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
E1.1 Wage Level A
Training package |
AQF certificate level |
Aeroskills |
II |
Aviation |
I |
Beauty |
III |
Business Services |
I |
Chemical, Hydrocarbons and Refining |
I |
Civil Construction |
III |
Coal Training Package |
II |
Community Services |
II |
Construction, Plumbing and Services Integrated Framework |
I |
Correctional Services |
II |
Drilling |
II |
Electricity Supply Industry—Generation Sector |
II |
Electricity Supply Industry—Transmission, Distribution and Rail Sector |
II |
Electrotechnology |
I |
Financial Services |
I |
Floristry |
III |
Food Processing Industry |
III |
Gas Industry |
III |
Information and Communications Technology |
I |
Laboratory Operations |
II |
Local Government (other than Operational Works Cert I and II) |
I |
Manufactured Mineral Products |
III |
Manufacturing |
I |
Maritime |
I |
Metal and Engineering (Technical) |
II |
Metalliferous Mining |
II |
Museum, Library and Library/Information Services |
II |
Plastics, Rubber and Cablemaking |
III |
Public Safety |
III |
Public Sector |
II |
Pulp and Paper Manufacturing Industries |
III |
Retail Services (including wholesale and Community pharmacy) |
III |
Telecommunications |
II |
Textiles, Clothing and Footwear |
III |
Tourism, Hospitality and Events |
I |
Training and Assessment |
III |
Transport and Distribution |
III |
Water Industry (Utilities) |
III |
E1.2 Wage Level B
Training package |
AQF certificate level |
Animal Care and Management |
I |
Asset Maintenance |
I |
Australian Meat Industry |
I |
Automotive Industry Manufacturing |
II |
Automotive Industry Retail, Service and Repair |
I |
Beauty |
II |
Caravan Industry |
II |
Civil Construction |
I |
Community Recreation Industry |
III |
Entertainment |
I |
Extractive Industries |
II |
Fitness Industry |
III |
Floristry |
II |
Food Processing Industry |
I |
Forest and Forest Products Industry |
I |
Furnishing |
I |
Gas Industry |
I |
Health |
II |
Local Government (Operational Works) |
I |
Manufactured Mineral Products |
I |
Metal and Engineering (Production) |
II |
Outdoor Recreation Industry |
I |
Plastics, Rubber and Cablemaking |
II |
Printing and Graphic Arts |
II |
Property Services |
I |
Public Safety |
I |
Pulp and Paper Manufacturing Industries |
I |
Retail Services |
I |
Screen and Media |
I |
Sport Industry |
II |
Sugar Milling |
I |
Textiles, Clothing and Footwear |
I |
Transport and Logistics |
I |
Visual Arts, Craft and Design |
I |
Water Industry |
I |
E1.3 Wage Level C
Training package |
AQF certificate level |
Agri-Food |
I |
Amenity Horticulture |
I |
Conservation and Land Management |
I |
Funeral Services |
I |
Music |
I |
Racing Industry |
I |
Rural Production |
I |
Seafood Industry |
I |