Sporting Organisations Award 2010

Sporting Organisations Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 18 June 2015 (PR566760),18 June 2015 (PR566891) and 26 June 2015 (PR568050).

Clause(s) affected by the most recent variation:

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/245;AM2014/300;AM2014/301;AM2014/306;AM2015/1;AM2015/2

Table of Contents

[Varied by PR991591,PR994484,PR532630,PR544519,PR546288,PR557581]

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

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Employment categories

11. Full-time employment

12. Part-time employment

13. Casual employment

14. Termination of employment

15. Redundancy

Part 4—Minimum Wages and Related Matters

16. Classifications

17. Minimum wages

18. Allowances

19. District allowances

20. Payment of wages

21. Superannuation

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work and rostering

23. Breaks

24. Overtime and penalty rates

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave and compassionate leave

27. Community service leave

28. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classifications

Schedule C—Supported Wage System

Schedule D—National Training Wage

Appendix D1:Allocation of Traineeships to Wage Levels

Schedule E—2014 Part-day Public Holidays

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

1. Title

This award is the Sporting Organisations Award 2010.

2. Commencement and transitional

[Varied by PR991591,PR542202]

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 varied by PR542202 ppc 04Dec13]

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,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542202 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542202 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

    (a) on its own initiative;or

    (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

    (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

    (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR994484,PR997772,PR503738,PR546063]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994484 from 01Jan10]

    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)

[Definition of default fund employee inserted by PR546063 ppc 01Jan14]

    default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of defined benefit member inserted by PR546063 ppc 01Jan14]

    defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503738 ppc 01Jan11]

    Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503738 ppc 01Jan11]

    Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR997772 from 01Jan10]

    employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

    employer means national system employer within the meaning of the Act

    enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of exempt public sector superannuation scheme inserted by PR546063 ppc 01Jan14]

    exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

[Definition of MySuper product inserted by PR546063 ppc 01Jan14]

    MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

    National sporting organisation means the national governing body for a sport or the organisation conducting the elite level national competition for a sport

    NCAS means the National Coaching Accreditation Scheme

    NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

    NSO means the national sporting organisation for the sport in which the coach is coaching

[Definition of on-hire inserted by PR994484 from 01Jan10]

    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

    standard rate means the minimum wage for Clerical and administrative staff—Grade 2 in clause 17.2(a)

    State or Territory sporting organisation means the governing body for a sport at a State or Territory level or the organisation conducting an elite level State or Territory competition for a sport or,in the case of a sport where governing bodies are split between metropolitan and non-metropolitan areas,the governing body for the non-metropolitan areas (e.g. country)

[Definition of transitional minimum wage instrument inserted by PR994484 from 01Jan10]

    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. Coverage

[Varied by PR994484]

4.1 This industry award covers national,State and Territory sporting organisations throughout Australia with respect to their employees in the classifications in this award to the exclusion of any other modern award.

4.2 Exclusions

    This award does not cover:

    (a) 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;

[4.2(b) inserted by PR994484 from 01Jan10]

    (b) 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;

[4.2(b) to 4.2(f) renumbered as 4.2(c) to 4.2(g) by PR994484 from 01Jan10]

    (c) an employee excluded from award coverage by the Act;

    (d) Chief Executive Officers;

    (e) coaches employed by the Australian Football League and the Victorian Football League who do not earn their principal income as coaches. In particular,it will not apply to those coaches in the Victorian State Football League Under 18 program,which is conducted by the Australian Football League throughout Victoria,with additional sites in Hobart and Canberra;

    (f) Chief Executive Officers and Executives at the second and third tiers of management,including the Director of Finance,Assistant Director and the State Coach or similar at the Cricket Australia level,provided that the State coach is remunerated at a level in excess of that laid down in this award;and

    (g) employees of racing clubs.

[4.3 inserted by PR994484 from 01Jan10]

4.3 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.

[4.4 inserted by PR994484 from 01Jan10]

4.4 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training 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.

[4.3 renumbered as 4.5 by PR994484 from 01Jan10]

4.5 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 the 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. Award flexibility

[Varied by PR542202]

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 varied by PR542202 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

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

[7.3(b) varied by PR542202 ppc 04Dec13]

    (b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

    (a) be in writing,name the parties to the agreement and be signed by the employer and the individual employee and,if the employee is under 18 years of age,the employee’s parent or guardian;

    (b) state each term of this award that the employer and the individual employee have agreed to vary;

    (c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

    (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment;and

    (e) state the date the agreement commences to operate.

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures,including translation into an appropriate language,to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

[7.8(a) varied by PR542202 ppc 04Dec13]

    (a) by the employer or the individual employee giving 13 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.

[Note inserted by PR542202 ppc 04Dec13]

    Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542202 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542202 ppc 04Dec13]

7.10 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

9. Dispute resolution

8. Consultation

[8—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]

8.1 Consultation regarding major workplace change

    (a) Employer to notify

      (i) 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.

      (ii) 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.

    (b) Employer to discuss change

      (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1(a),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.

      (ii) 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(a).

      (iii) 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.

8.2 Consultation about changes to rosters or hours of work

    (a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.

    (b) The employer must:

      (i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

      (ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

      (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

    (c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.

    (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

9. Dispute resolution

[Varied by PR542202]

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 varied by PR542202 ppc 04Dec13]

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace,and all appropriate steps under clause 9.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.

[9.3 varied by PR542202 ppc 04Dec13]

9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation,conciliation and consent arbitration.

[9.4 varied by PR542202 ppc 04Dec13]

9.4 Where the matter in dispute remains unresolved,the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person,organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an employee must not unreasonably fail to comply with a direction by the employer to perform work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

Part 3—Types of Employment and Termination of Employment

10. Employment categories

11. Full-time employment

12. Part-time employment

13. Casual employment

14. Termination of employment

15. Redundancy

10. Employment categories

10.1 Employees may 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 in writing of the terms of their engagement and in particular whether they are to be full-time,part-time or casual.

11. Full-time employment

[11(a) and (b) renumbered by PR994484 from 01Jan10]

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

11.2 A full-time employee must be provided with a written statement setting out their classification,relevant minimum wage and terms of engagement.

12. Part-time employment

12.1 A part-time employee is an employee who:

    (a) works less than 38 hours per week;

    (b) has regular,reasonably predictable and continuous employment;and

    (c) receives,on a pro rata basis at the rate of 1/38th of the weekly rate,equivalent pay and conditions to those of full-time employees who do the same kind of work.

12.2 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,including the starting and finishing time,and which days of the week the employee will work. A copy of the agreement must be provided to the employee.

12.3 The terms of the engagement may be varied by consent. Any agreed variation to the pattern of work will be recorded in writing,with a copy of the variation provided to the employee.

12.4 All hours worked in excess of the hours as mutually arranged will be overtime and compensated for as in clause 24Overtime and penalty rates.

13. Casual employment

13.1 A casual employee is an employee engaged as such and paid by the hour. An employer when engaging a casual must inform the employee that they are employed as a casual,their hours of work,their classification level and the relevant minimum wage.

13.2 A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed plus a loading of 25%. Such loading is paid instead of all paid leave including annual leave,personal/carer’s leave and public holidays not worked whether prescribed in this award or the NES.

13.3 Casual employees must be paid at the termination of each engagement,but may agree to be paid weekly or fortnightly.

14. Termination of employment

14.1 Notice of termination is provided for in the NES.

14.2 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.

14.3 Job search entitlement

    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.

15. Redundancy

[Varied by PR994484,PR503738,PR561478]

15.1 Redundancy pay is provided for in the NES.

15.2 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.

15.3 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.

15.4 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 14.3.

15.5 Transitional provisions –NAPSA employees

[15.5 varied by PR994484;renamed by PR503738;deleted by PR561478 ppc 05Mar15]

15.6 Transitional provisions –Division 2B State employees

[15.6 inserted by PR503738;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

16. Classifications

17. Minimum wages

18. Allowances

19. District allowances

20. Payment of wages

21. Superannuation

16. Classifications

16.1 Coaching and related staff—see Schedule B.3.

16.2 Clerical and administrative staff—see Schedule B.4

17. Minimum wages

[Varied by PR997987,PR509113,PR522944,PR536747,PR545009,PR551670,PR566760]

17.1 Coaching and related staff

[17.1 varied by PR997987,PR509113,PR522944,PR536747;substituted by PR545009 ppc 01Jan14;varied by PR551670,PR566760 ppc 01Jul15]

    (a) Adult rates

    Classification

    Per annum

    Weekly

     

    $

    $

    Coach Grade 1

    45,275

    868.30

    Coach Grade 2

    50,803

    974.40

    Coach Grade 3

    61,054

    1171.00

    Coach Grade 4

    69,226

    1327.70

      For the purposes of ascertaining weekly wage rates for the Coaching and related staff classifications in this clause,the per annum rates must be divided by 52.14 and rounded to the nearest $0.10.

    (b) Junior rates

    Age

    % of the appropriate adult minimum weekly wage in clause 17.1(a)

    17 years and under

    70

    At 18 years

    80

    At 19 years

    90

    At 20 years

    100

      Provided that a junior who has attained the age of 18 and has been continuously employed for 12 months will be paid the full adult rate for their classification.

17.2 Clerical and administrative staff

    (a) Adult rates

[17.2(a) varied by PR997987,PR509113,PR522944,PR536747,PR551670,PR566760 ppc 01Jul15]

    Classification

    Weekly

    Hourly

     

    $

    $

    Grade 1

    712.80

    18.76

    Grade 2

    736.50

    19.38

    Grade 3

    764.90

    20.13

    Grade 4

    796.70

    20.97

    Grade 5

    834.80

    21.97

    Grade 6

    875.20

    23.03

    (b) Junior rates

    Age

    % of Grade 1 or 2

    17 years and under

    70

    At 18 years

    80

    At 19 years

    90

    At 20 years

    100

      Provided that a junior who has attained the age of 18 and has been continuously employed for 12 months will be paid the full adult rate for their classification.

17.3 Supported wage system

17.4 National training wage

18. Allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR998090,PR509234,PR523064,PR536867,PR551790,PR566891]

18.1 Out-of-pocket expenses

    Where reasonable and documented out-of-pocket expenses are incurred by an employee in the course of their employment,the employer will reimburse the employee for such expenses.

18.2 Travelling

    Where employees are required to travel away from their home city or town,the employer will reimburse the cost of travel,including airport car parking charges. This clause will not apply where the employer provides transport.

18.3 Living away from home

    Where it is necessary for an employee to be away from home overnight for employment purposes,the employer will reimburse the employee for all reasonable expenses incurred for accommodation,meals and incidentals. This clause will not apply if the employer provides accommodation and meals.

18.4 Overtime meal allowance—clerical and administrative staff

[18.4 varied by PR998090,PR509234,PR523064,PR536867,PR551790,PR566891 ppc 01Jul15]

    A meal allowance of $13.51 per meal will be paid where an employee is required to work overtime after 7.00 pm. This clause will not apply when the employer supplies to the employee a substantial meal.

18.5 Meal allowances—travelling

    Where an employer requires the employee to travel and such travel is conducted over a specified meal time and the employer does not supply a meal,the employer will reimburse the employee their reasonable expenses for a meal. The specified meal times are—breakfast (between 7.00 am and 9.00 am),lunch (between noon and 2.00 pm) and dinner (between 6.00 pm and 8.00 pm).

18.6 Training programs—coaches

      If a coach is required as a condition of their employment to attend specified training programs,the employer will reimburse the coach for the cost of attending such training programs. This clause will not apply where the training is provided at the employer’s expense.

18.7 Vehicle allowance

[18.4 varied by PR523064,PR536867,PR551790 ppc 01Jul14]

    An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of $0.78 per kilometre.

18.8 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

19. District allowances

[Varied by PR994484;19 deleted by PR561478 ppc 05Mar15]

20. Payment of wages

20.1 Wages must be paid weekly or fortnightly,unless otherwise mutually agreed,up to a monthly maximum period.

20.2 Employees will be paid by cash,cheque or electronic funds transfer,as determined by the employer,into a bank or financial institution account nominated by the employee.

21. Superannuation

[Varied by PR990815,PR994484,PR999226,PR546063]

21.1 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.

21.2 Employer contributions

    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.

21.3 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 21.2.

    (b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’written notice to their employer.

    (c) The employer must pay the amount authorised under clauses 21.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.

21.4 Superannuation fund

[21.4 varied by PR994484,PR999226 from 01Jan10]

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or (b) to one of the following superannuation funds or its successor:

    (a) Media Super;

    (b) AMP Superannuation Savings Trust;

    (c) HESTA;

    (d) HOSTPLUS Superannuation Fund;

[21.4(e) varied by PR546063 ppc 01Jan14]

    (e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme;or

[21.4(f) inserted by PR546063 ppc 01Jan14]

    (f) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work and rostering

23. Breaks

24. Overtime and penalty rates

22. Ordinary hours of work and rostering

22.1 Clerical and administrative staff

    (a) Full-time employees

      (i) The ordinary hours of work for full-time employees will be determined by the employer and will be an average of 38 hours per week i.e. Monday to Sunday inclusive,between the hours of 6.00 am and 6.00 pm on one of the following bases:

        ●by employees working 38 ordinary hours on five days per week;or

        ●by employees working the following ordinary hours over 19 days in a 20 day work cycle:

        ●40 hours in each of three weeks and 32 hours in one week in the 20 day work cycle;or

        ●by employees working the following ordinary hours over nine days in a 10 day work cycle:

        ●42 ordinary hours in one week and 34 ordinary hours in one week in the 10 day work cycle;or

        ●by employees working 38 hours on four days in each five day work cycle.

      (ii) Provided that the maximum number of ordinary hours which may be worked on any one day will be 11.

      (iii) An employee may,with the agreement of their employer,bank up to five rostered days off in any 12 month period.

    (b) Part-time employees

      (i) Work must be performed in blocks of not less than four hours on any day.

      (ii) Subject to clause 22.1(a)(i) the ordinary hours of work and days on which part-time work is to be performed will be specified in writing by the employer to the employee before the part-time employee begins employment. Such agreed hours and days may be changed only by:

        ●agreement in writing between the part-time employee and the employer;or

        ●at least seven days’notice in writing being given by the employer to the part-time employee,provided that there is no reduction in the total agreed number of ordinary weekly hours of work.

22.2 Ordinary hours for coaching staff are provided for in the NES.

23. Breaks

Employees are entitled to an unpaid meal break of between 30 minutes and one hour,which will commence no later than five hours from the start of work.

24. Overtime and penalty rates

24.1 Overtime—clerical and administrative staff

24.2 The hourly rate for overtime purposes will be calculated by dividing the relevant minimum weekly wage by 38.

24.3 Daily overtime will be compensated as follows:

    (a) up to and including the first hour of overtime an employee will,at the discretion of the employer,either be given time off instead of payment,at the rate of time and a half within the following fortnight,or paid for at the rate of time and a half;

    (b) overtime in excess of one hour will be paid for at the rate of time and a half for the first two hours and double time thereafter;and

    (c) subject to clause 24.3(a) an employee may,by mutual agreement with their employer,opt to take time off instead of payment at the rate of single time within the next 12 months. Such agreement will be recorded in writing.

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave and compassionate leave

27. Community service leave

28. Public holidays

25. Annual leave

25.1 Annual leave is provided for in the NES. This clause contains additional provisions.

25.2 Quantum of annual leave

    In addition to the entitlements in the NES,full-time and part-time coaches are entitled to additional leave on the following basis:

    Number of days worked on weekends

    Additional leave

    Not less than 6 days and not more than 8 days

    1 working day

    Not less than 9 days and not more than 11 days

    2 working days

    Not less than 12 days and not more than 14 days

    3 working days

    Not less than 15 days and not more than 17 days

    4 working days

    18 days or more

    5 working days

25.3 Annual leave loading

    In addition to their ordinary pay,an employee will be paid an annual leave loading of 17.5% of their ordinary pay for their period of annual leave excluding any additional leave under clause 25.2.

25.4 Taking of annual leave

    Annual leave is to be taken within 18 months of the entitlement accruing. For the purpose of ensuring accrued annual leave is taken within that period,and in the absence of agreement as provided for in the NES,an employer may require an employee to take a period of annual leave from a particular date provided the employee is given at least 28 days’notice.

26. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

27. Community service leave

Community service leave is provided for in the NES.

28. Public holidays

28.1 Public holidays are provided for in the NES.

28.2 By agreement,an employer may substitute another day for a public holiday.

28.3 For all time worked by an employee on a public holiday,payment will be at the rate of double time and a half. Alternatively,employees may,by written agreement,be paid for time worked at time and a half and be given an additional day’s annual leave or be allowed a day off work without deduction of pay within 28 days of the public holiday falling due.

Schedule A—Transitional Provisions

[Varied by PR991591,PR503738]

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.

A.8 Former Division 2B employers

[A.8 inserted by PR503738 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Classifications

[Varied by PR991591]

B.1 The classification criteria in this schedule provide guidelines to determine the appropriate classification level of persons employed pursuant to this award. In determining the appropriate level,consideration must be given to both the characteristics and typical duties/skills. The characteristics are the primary guide to classification as they indicate the level of basic knowledge,comprehension of issues,problems and procedures required and the level of supervision or accountability of the position. The totality of the characteristics must be read as a whole to obtain a clear understanding of the essential features of any particular level and the competency required. The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill,or many of them,depending on the particular work allocated.

B.2 The key issue to be looked at in properly classifying an employee is the level of competency and skill that the employee is required to exercise in the work they perform,not the duties they perform per se. It will be noted that some typical duties/skills appear in more than one level,however when assigning a classification to an employee this needs to be done by reference to the specific characteristics of the level.

B.3 Coaching staff

B.3.1 Coach Grade 1

    (a) A Coach Grade 1 has formal coaching qualifications and works under the supervision of a well qualified coach in applying established techniques and methods in a program. The coach may be starting on a professional coaching career and may assist in a range of coaching duties including drawing up training programs and supervising programs for individuals and squads. The coach may be conducting development programs and recreational classes.

    (b) A Coach Grade 1 may be a technical specialist who is involved only in narrow technical elements of the total program for the sport and is not undertaking development for a broader role.

    (c) A Coach Grade 1 may be a coach of junior athletes or teams or an assistant coach who has only just obtained formal coaching qualifications and is starting on a professional coaching career. The coach may be a full-time or part-time field officer working in schools with established development programs for their sport. The coach may be conducting development programs and recreational classes.

B.3.2 Coach Grade 2

    (a) A Coach Grade 2 must meet Coach Grade 1 descriptors and generally have at least NCAS Level 2 coaching accreditation and a minimum of two years successful coaching experience at the appropriate level. A Coach Grade 2 may work under general guidance of a Coach Grade 3 or Coach Grade 4 and is expected to be competent in a range of coaching duties at the appropriate level and to exercise independent judgment in the resolution of problems that arise with athletes and teams.

    (b) A coach at this level develops and supervises intensive skill development and training programs for athletes,utilising sports science and sports medicine services. They accept responsibility for their results,measured in terms of performance at significant sporting events. The coach is able to assess and counsel athletes,and prepare competition programs.

    (c) The coach may be a State Development Officer,supporting and promoting the sport in the education area,to provide the delivery of physical activity to the wider spectrum.

    (d) The coach may be a State Coaching Director responsible for the education of coaches and the co-ordination of coaching courses for both accreditation and updating.

B.3.3 Coach Grade 3

    (a) A Coach Grade 3 must meet Coach Grade 2 descriptors and have advanced qualifications in sports coaching and considerable experience in successfully coaching elite athletes,leading to recognition and standing as an authority in the sport nationally or internationally. The Coach works under broad direction in terms of program objectives,possessing a high degree of coaching knowledge,exercising independent judgment and taking responsibility for major parts of programs. The Coach contributes to the development of coaching in the sport nationally and to the development and promotion of the sport itself.

    (b) A coach at this level will have demonstrated the ability to devise and implement an elite sports program,effectively utilising sports science and sports medicine services. The Coach is well versed in the latest developments in the sport internationally and is capable of innovative and original work,by world standards,for their sport. The Coach contributes directly to policies and requires an understanding of the wider policy and strategic context. In addition to the technical coaching role,a Coach Grade 3 may have some planning and management responsibilities for programs.

B.3.4 Coach Grade 4

    (a) A Coach Grade 4 must meet Coach Grade 3 descriptors,have accredited expertise/competence in sports coaching,substantial experience in successfully coaching elite athletes and demonstrated ability to establish and run an elite program. The Coach will have recognition and standing as an authority in their sport internationally and exercise major influence on the overall development of the sport in Australia.

    (b) A Coach Grade 4 has a role in the design and implementation of the elite program for the sport. Within a total budget and the broad parameters set by agreement between the employer and the NSO,they run the program with a high degree of independence,having responsibility for the success of the program. Elements include talent identification,specialised training programs,competition schedules,sports science and sports medicine,educational and vocational development of athletes,active promotion of the employer,relationships with the NSO and State Institutes and contribution to the overall development of the sport.

    (c) Selection and development of coaches is a major responsibility. A Coach Grade 4 is expected to know the latest developments in the sport internationally and to demonstrate innovation and originality in their coaching. As experience increases,a Coach Grade 4 is expected to contribute to planning and development and to improve the standard of coaching and athlete performance in the sport as a whole. A Coach Grade 4 must hold the highest level of NCAS accreditation available in their sport,or equivalent.

B.4 Clerical and administrative staff

B.4.1 Grade 1

    An employee in this grade performs,and is accountable for,clerical and office tasks as directed. The employee works within established routines,methods and procedures. Supervision is direct.

B.4.2 Grade 2

    An employee in this grade performs clerical and office tasks,using a more extensive range of skills and knowledge at a level higher than required in Grade 1. The employee is responsible and accountable for their own work,which is performed within established routines,methods and procedures. Supervision is routine.

B.4.3 Grade 3

    An employee in this grade is responsible and accountable for their own work which is performed within established guidelines. They exercise limited discretion within the range of their skills and knowledge. Supervision is general.

B.4.4 Grade 4

    An employee in this grade performs clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 3. They are responsible and accountable for their own work,and exercise discretion and initiative in the organisation of work within prescribed limits. Supervision is limited.

B.4.5 Grade 5

    An employee in this grade is responsible and accountable for the work of others. They exercise initiative,discretion and judgment within the range of their skills and knowledge. Supervision is minimal.

B.4.6 Grade 6

    An employee in this grade performs clerical and administrative duties using a more extensive range of skills and knowledge at a level higher than required in Grade 5. The employee is responsible and accountable for their own work,and may have responsibility for the work of a section or unit. The employee exercises initiative,discretion and judgment within the range of their skills and knowledge. Supervision is by means of reporting to more senior staff as required.

Schedule C—Supported Wage System

[Varied by PR991591,PR994484,PR998748,PR510670,PR525068,PR537893,PR542202,PR551831,PR568050]

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 varied by PR568050 ppc 01Jul15]

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 Social Services 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 varied by PR994484,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050 ppc 01Jul15]

C.4.2 Provided that the minimum amount payable must be not less than $81 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 Assessment of capacity

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 varied by PR542202 ppc 04Dec13]

C.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.

[C.6.2 varied by PR542202 ppc 04Dec13]

C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

C.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

C.8 Other terms and conditions of employment

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

C.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.

C.10 Trial period

C.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[C.10.3 varied by PR994484,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050 ppc 01Jul15]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $81 per week.

C.10.4 Work trials should include induction or training as appropriate to the job being trialled.

C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause C.5.

Schedule D—National Training Wage

[Varied by PR991591,PR994484,PR997987,PR509113,PR522944,PR536747,PR545787,PR551670,PR566760]

D.1 Title

This is the National Training Wage Schedule.

D.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:

    (a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

    (b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10;and

    (c) 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

D.3 Coverage

D.3.1 Subject to clauses D.3.2 to D.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 D1 to this schedule or by clause D.5.4 of this schedule.

D.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 D1 to this schedule.

D.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.

D.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.

D.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.

D.3.6 At the conclusion of the traineeship,this schedule ceases to apply to the employee.

D.4 Types of Traineeship

The following types of traineeship are available under this schedule:

D.4.1 a full-time traineeship based on 38 ordinary hours per week,with 20% of ordinary hours being approved training;and

D.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.

D.5 Minimum Wages

[D.5 substituted by PR997987,PR509113,PR522944,PR536747,PR551670,PR566760 ppc 01Jul15]

D.5.1 Minimum wages for full-time traineeships

    (a) Wage Level A

      Subject to clause D.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 D1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    per week

    per week

     

    $

    $

    $

    School leaver

    295.10

    325.00

    387.20

    Plus 1 year out of school

    325.00

    387.20

    450.60

    Plus 2 years out of school

    387.20

    450.60

    524.40

    Plus 3 years out of school

    450.60

    524.40

    600.40

    Plus 4 years out of school

    524.40

    600.40

     

    Plus 5 or more years out of school

    600.40

      

    (b) Wage Level B

      Subject to clause D.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 D1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    Per week

    per week

     

    $

    $

    $

    School leaver

    295.10

    325.00

    376.80

    Plus 1 year out of school

    325.00

    376.80

    433.40

    Plus 2 years out of school

    376.80

    433.40

    508.20

    Plus 3 years out of school

    433.40

    508.20

    579.70

    Plus 4 years out of school

    508.20

    579.70

     

    Plus 5 or more years out of school

    579.70

      

    (c) Wage Level C

      Subject to clause D.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 D1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    per week

    per week

     

    $

    $

    $

    School leaver

    295.10

    325.00

    376.80

    Plus 1 year out of school

    325.00

    376.80

    424.10

    Plus 2 years out of school

    376.80

    424.10

    473.80

    Plus 3 years out of school

    424.10

    473.80

    527.90

    Plus 4 years out of school

    473.80

    527.90

     

    Plus 5 or more years out of school

    527.90

      

    (d) AQF Certificate Level IV traineeships

      (i) Subject to clause D.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 D.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

      623.50

      647.70

      Wage Level B

      601.60

      624.70

      Wage Level C

      547.50

      568.20

D.5.2 Minimum wages for part-time traineeships

    (a) Wage Level A

      Subject to clauses D.5.2(f) and D.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix D1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    9.71

    10.70

    12.74

    Plus 1 year out of school

    10.70

    12.74

    14.83

    Plus 2 years out of school

    12.74

    14.83

    17.25

    Plus 3 years out of school

    14.83

    17.25

    19.74

    Plus 4 years out of school

    17.25

    19.74

     

    Plus 5 or more years out of school

    19.74

      

    (b) Wage Level B

      Subject to clauses D.5.2(f) and D.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix D1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    9.71

    10.70

    12.40

    Plus 1 year out of school

    10.70

    12.40

    14.26

    Plus 2 years out of school

    12.40

    14.26

    16.73

    Plus 3 years out of school

    14.26

    16.73

    19.08

    Plus 4 years out of school

    16.73

    19.08

     

    Plus 5 or more years out of school

    19.08

      

    (c) Wage Level C

      Subject to clauses D.5.2(f) and D.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix D1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    9.71

    10.70

    12.40

    Plus 1 year out of school

    10.70

    12.40

    13.95

    Plus 2 years out of school

    12.40

    13.95

    15.58

    Plus 3 years out of school

    13.95

    15.58

    17.36

    Plus 4 years out of school

    15.58

    17.36

     

    Plus 5 or more years out of school

    17.36

      

    (d) School-based traineeships

      Subject to clauses D.5.2(f) and D.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 D1 are as follows when the trainee works ordinary hours:

    Year of schooling

    Year 11 or lower

    Year 12

    per hour

    per hour

    $

    $

    9.71

    10.70

    (e) AQF Certificate Level IV traineeships

      (i) Subject to clauses D.5.2(f) and D.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 D.5.2(f) and D.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

      20.51

      21.31

      Wage Level B

      19.77

      20.54

      Wage Level C

      18.01

      18.70

    (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 D.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 D.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 D.5.2(a)(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

D.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.

D.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 D1 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.

D.6 Employment conditions

D.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.

D.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.

D.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.

[Note inserted by PR545787 ppc 01Jan14]

    Note:The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause D.5.2(f)(ii) and not by this clause.

D.6.4 Subject to clause D.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.

Appendix D1:Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

D1.1 Wage Level A

    Training package

    AQF certificate level

    Aeroskills

        II

    Aviation

        I
        II
        III

    Beauty

        III

    Business Services

        I
        II
        III

    Chemical,Hydrocarbons and Refining

        I
        II
        III

    Civil Construction

        III

    Coal Training Package

        II
        III

    Community Services

        II
        III

    Construction,Plumbing and Services Integrated Framework

        I
        II
        III

    Correctional Services

        II
        III

    Drilling

        II
        III

    Electricity Supply Industry—Generation Sector

        II
        III (in Western Australia only)

    Electricity Supply Industry—Transmission,Distribution and Rail Sector

        II

    Electrotechnology

        I
        II
        III (in Western Australia only)

    Financial Services

        I
        II
        III

    Floristry

        III

    Food Processing Industry

        III

    Gas Industry

        III

    Information and Communications Technology

        I
        II
        III

    Laboratory Operations

        II
        III

    Local Government (other than Operational Works Cert I and II)

        I
        II
        III

    Manufactured Mineral Products

        III

    Manufacturing

        I
        II
        III

    Maritime

        I
        II
        III

    Metal and Engineering (Technical)

        II
        III

    Metalliferous Mining

        II
        III

    Museum,Library and Library/Information Services

        II
        III

    Plastics,Rubber and Cablemaking

        III

    Public Safety

        III

    Public Sector

        II
        III

    Pulp and Paper Manufacturing Industries

        III

    Retail Services (including wholesale and Community pharmacy)

        III

    Telecommunications

        II
        III

    Textiles,Clothing and Footwear

        III

    Tourism,Hospitality and Events

        I
        II
        III

    Training and Assessment

        III

    Transport and Distribution

        III

    Water Industry (Utilities)

        III

D1.2 Wage Level B

    Training package

    AQF certificate level

    Animal Care and Management

        I
        II
        III

    Asset Maintenance

        I
        II
        III

    Australian Meat Industry

        I
        II
        III

    Automotive Industry Manufacturing

        II
        III

    Automotive Industry Retail,Service and Repair

        I
        II
        III

    Beauty

        II

    Caravan Industry

        II
        III

    Civil Construction

        I

    Community Recreation Industry

        III

    Entertainment

        I
        II
        III

    Extractive Industries

        II
        III

    Fitness Industry

        III

    Floristry

        II

    Food Processing Industry

        I
        II

    Forest and Forest Products Industry

        I
        II
        III

    Furnishing

        I
        II
        III

    Gas Industry

        I
        II

    Health

        II
        III

    Local Government (Operational Works)

        I
        II

    Manufactured Mineral Products

        I
        II

    Metal and Engineering (Production)

        II
        III

    Outdoor Recreation Industry

        I
        II
        III

    Plastics,Rubber and Cablemaking

        II

    Printing and Graphic Arts

        II
        III

    Property Services

        I
        II
        III

    Public Safety

        I
        II

    Pulp and Paper Manufacturing Industries

        I
        II

    Retail Services

        I
        II

    Screen and Media

        I
        II
        III

    Sport Industry

        II
        III

    Sugar Milling

        I
        II
        III

    Textiles,Clothing and Footwear

        I
        II

    Transport and Logistics

        I
        II

    Visual Arts,Craft and Design

        I
        II
        III

    Water Industry

        I
        II

D1.3 Wage Level C

    Training package

    AQF certificate level

    Agri-Food

      I

    Amenity Horticulture

      I
      II
      III

    Conservation and Land Management

      I
      II
      III

    Funeral Services

      I
      II
      III

    Music

      I
      II
      III

    Racing Industry

      I
      II
      III

    Rural Production

      I
      II
      III

    Seafood Industry

      I
      II
      III

   

Schedule E—2014 Part-day Public Holidays

[Sched E inserted by PR532630 from 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581 ppc 12Nov14]

This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.

E.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2014) or New Year’s Eve (31 December 2014) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

    (a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.

    (b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.

    (c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

    (d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

    (e) Excluding annualised salaried employees to whom clause E.1(f) applies,where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

    (f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.

    (g) An employee not rostered to work between 7.00 pm and midnight,other than an employee who has exercised their right in accordance with clause E.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.

This schedule is not intended to detract from or supplement the NES.

This schedule is an interim provision and subject to further review.

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Sporting Organisations Award 2010
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