AN120196 – Engine Drivers General (State) Award
Wages shall be paid as follows:
9.1 In the case of an employee whose ordinary hours of work are arranged in accordance with 20.2 (a) or (b), so that the employee works 38 ordinary hours each week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight.
9.2 Subject to subclauses 9.3 and 9.4 of this clause, in the case of an employee whose ordinary hours of work are arranged in accordance with clause 20.2(c) or (d), so that the employee works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly or fortnightly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.
9.3 Special Note - Explanation of Averaging System
(a) As provided in 9.2 an employee whose ordinary hours may be more or less than 38 in any particular week of a work cycle, is to be paid their wages on the basis of an average of 38 ordinary hours so as to avoid fluctuating wage payments each week. An explanation of the averaging system of paying wages is set out below:
(i) 20.2 (c) and (d) provides that in implementing a 38-hour week the ordinary hours of an employee may be arranged so that the employee is entitled to a day off, on a fixed day or rostered day basis, during each work cycle. It is in these circumstances that the averaging system would apply.
(ii) If the 38-hour week is to be implemented so as to give an employee a day off in each 28 day cycle this would be achieved if the employee's ordinary hours were arranged on the basis that:
(1) for three of the four weeks the employee works eight hours per day each day Monday to Friday a total of 40 ordinary hours each week; and
(2) in the fourth week the employee works eight hours per day four days between Monday and Friday, a total of 32 ordinary hours in the week.
(iii) The weekly wage rates for ordinary hours of work shall be the average weekly rates set out for the employee's classification in clause 18, Hours - Other than Shift Work. This amount shall be paid each week even though more or less than 38 ordinary hours are worked that week. In effect the employee accrues a "credit" each day the employee works actual ordinary hours in excess of the daily average which would otherwise be 7 hours 36 minutes.
This "credit" is carried forward so that in the week of the cycle that the employee works on only four days, their actual pay would be for an average of 38 ordinary hours even though, that week, the employee works a total of 32 ordinary hours. Consequently, for each day an employee works 8 ordinary hours the employee accrues a "credit" of 24 minutes (0.4 hours). The maximum "credit" the employee may accrue under this system is 0.4 hours on 19 days; that is, a total of 7 hours and 36 minutes.
(iv) As provided in subclause (iii) of this clause, an employee will not accrue a "credit" for each day the employee is absent from duty other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service.
When an employee is absent from duty because of annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service, their entitlement is determined in accordance with the appropriate award provision dealing with such entitlements.
9.4 Absences from Duty
(a) An employee whose ordinary hours are arranged in accordance with clause 20.2 (c) or (d) and who is paid wages in accordance with subclause (ii) of this clause and is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service) shall, for each day the employee is so absent, lose average pay for that day calculated by dividing this average weekly wage rate by 5. An employee who is so absent from duty for part of a day shall lose average pay for each hour the employee is absent by dividing their average daily pay rate by 8.
(b) Provided, when such an employee is absent from duty for a whole day the employee will not accrue a "credit" because the employee would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which the employee would otherwise have been paid. Consequently, during the week of the work cycle the employee is to work less than 38 ordinary hours the employee will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the "credit" the employee does not accrue for each whole day during the work cycle the employee is absent.
(c) The amount by which an employee's average weekly pay will be reduced when the employee is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers' compensation, bereavement leave or jury service) is to be calculated as follows:
Total of "credits" not accrued |
x |
average weekly pay during cycle |
38 |
Examples: (An employee's ordinary hours are arranged so that the employee works 8 ordinary hours on five days of each week for 3 weeks and 8 ordinary hours on four days of the fourth week).
Example 1 Employee takes one day off without authorisation in first week of cycle.
Week of Cycle |
Payment | ||
1st week |
average weekly pay less one day's pay (i.e. less 1/5) | ||
2nd and 3rd week |
average weekly pay each week. | ||
4th week |
average pay less credit not accrued on day of absence calculated as follows | ||
x |
average weekly pay. | ||
38 | |||
Example 2. An Employee takes each of the 4 days off without authorisation in the 4th week.
Week of Cycle |
Payment | |
1st, 2nd and 3rd weeks |
average pay each week. | |
4th week |
average pay less 4/5ths of average pay for the four days absent than less total of credits not accrued that week. | |
1/5 average pay less 4 |
x |
0.4 hours x average weekly pay |
38 | ||
1/5 average pay less 1.6 hours |
x |
average weekly pay. |
38 | ||
9.5 Wages to be paid during working hours
Subject to subclause 9.6 where the majority of employees in a particular establishment are employed under the terms of this award, wages shall be paid during ordinary working hours and if an employee is kept waiting for their wages on pay day after the usual time for ceasing work, the employee shall be paid at overtime rates for the period the employee is kept waiting. Where the majority of employees in a particular establishment are not employed under the terms of this award, an employee kept waiting for their wages on pay day for more than six minutes after the usual time for ceasing work shall be paid at overtime rates after the six minutes.
9.6 Day off coinciding with Pay Day
In the event that an employee, by virtue of the arrangement of their ordinary working hours, is to take a day off on a day, which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.
9.7 Payment by Cheque or Electronic Transfer
Where an employer and employee agree, the employee may be paid their wages by cheque or direct transfer into the employee's bank (or other recognised financial institution) account. Notwithstanding this provision, if the employer and the majority of employees agree, all employees may be paid their wages by cheque or direct transfer into an employee's bank (or other recognised financial institution) account, provided that in the case of employees paid by cheque, the employer shall, on pay day, if it is required by the employee, have a facility available during ordinary hours for the "encashment" of the cheque.
9.8 Payment during first week of employment
On the first pay day occurring during their employment, an employee shall be paid whatever wages are due to them up to the completion of their work on the previous day: Provided that this subclause shall not apply to employees who make a practice of allowing advances approximating wages due.
9.9 Termination of Employment
Upon termination of the employment wages due to an employee shall be paid to them on the day of such termination or forwarded to them by post on the next working day.
9.10 Provided that in the case of an employee whose ordinary hours are arranged in accordance with 20.2(c) and (d) and who is paid average pay and who has not taken the day off due to them during the work cycle in which their employment is terminated, the wages due to that employee shall include the total of credits accrued during the work cycle as detailed in 9.3.
9.11 Details of payments to be given.
Section 123 of the Act which requires that when an employer pays remuneration to an employee, the employer must supply the employee with written particulars regarding the payment shall read as a provision of this award.
9.12 Calculation of Hourly Rate
Except as provided in 9.2 hourly rates shall be calculated by dividing the appropriate weekly rate by 38.
9.13 The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:
(a) the employee has authorised the employer to make such deductions in accordance with subclause (e) herein;
(b) the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer's workplace and any changes to that amount;
(c) deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and
(d) there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).
(e) The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union rules) that the Union advises the employer to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.
(f) Monies so deducted from employees' pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:
(g) where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and
(h) where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.
(i) Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.
(j) The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be. The Union shall give the employer a minimum of two months' notice of any such change.
(k) An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.
(l) Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.
(m) In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 14th May 2004.
(n) In the case of employers who do not fall within subparagraph (m) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees' pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 14th August 2004.
(o) For all other employers, from the beginning of the first pay period to commence on or after 14th November 2004.
