PR718126 - Variation - 09 Apr 2020

MA000109  PR718126
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

PROFESSIONAL DIVING INDUSTRY (RECREATIONAL) AWARD 2010
[MA000109]

Diving services

JUSTICE ROSS,PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE,9 APRIL 2020

4 yearly review of modern awards –Professional Diving Industry (Recreational) Award 2010 –modern award varied –correction.

A. The determination issued by the Full Bench on 14 February 2020 [PR716683] is corrected as follows:

1. By deleting the clauses and schedules attached in the determination issued on 14 February 2020 and inserting the new clauses and schedules attached.

B. This determination comes into operation from 13 April 2020. In accordance with s.165(3) of the Fair Work Act 2009,this determination does not take effect until the start of the first full pay period that starts on or after 13 April 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Airport Employees Award 2020

Table of Contents

Part 1—Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 3
4. Coverage 4
5. Individual flexibility arrangements 5
6. Requests for flexible working arrangements 6
7. Facilitative provisions 7
Part 2—Types of Employment and Classifications 9
8. Types of employment 9
9. Full-time employees 9
10. Part-time employees 9
11. Casual employees 9
12. Apprentices 12
13. Junior employees 13
14. Classifications 13
Part 3—Hours of Work 13
15. Ordinary hours of work—all employees 13
16. Ordinary hours of work and rostering—day workers 13
17. Ordinary hours of work and rostering—shiftworkers 14
18. Breaks –day workers 15
Part 4—Wages and Allowances 16
19. Minimum rates 16
20. Payment of wages 21
21. Allowances 21
22. Superannuation 27
Part 5—Overtime and Penalty Rates 28
23. Overtime 28
24. Shiftwork penalty rates 32
Part 6—Leave and Public Holidays 34
25. Annual leave 34
26. Personal/carer’s leave and compassionate leave 39
27. Parental leave and related entitlements 40
28. Community service leave 41
29. Special leave 41
30. Unpaid family and domestic violence leave 42
31. Public holidays and Sunday work 42
Part 7—Consultation and Dispute Resolution 44
32. Consultation about major workplace change 44
33. Consultation about changes to rosters or hours of work 45
34. Dispute resolution 45
35. Dispute resolution procedure training leave 46
Part 8—Termination of Employment and Redundancy 46
36. Termination of employment 46
37. Redundancy 47
Schedule A —Skill Level Descriptions 49
Schedule B —Summary of Hourly Rates of Pay 67
Schedule C —Summary of Monetary Allowances 81
Schedule D —School-based Apprentices 84
Schedule E —Supported Wage System 85
Schedule F —National Training Wage 88
Schedule G —Agreement to Take Annual Leave in Advance 97
Schedule H —Agreement to Cash Out Annual Leave 98
Schedule I —Part-day Public Holidays 99
Schedule X —Additional Measures During the COVID-19 Pandemic 101

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Airport Employees Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right,privilege,obligation or liability that a person acquired,accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth).
    defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
    employee means national system employee within the meaning of the Act.
    employer means national system employer within the meaning of the Act.
    exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
    MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
    NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
    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 annual rate for a Technical services officer Level 1 in clause 19.1(a) divided by 52.1666.

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply,either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This award covers employers throughout Australia that operate airports and their employees in the classifications in clause 14Classifications to the exclusion of any other modern award.

4.2 This award does not cover an employee employed by a Local Government employer covered by another award.

4.3 This award covers:

(a) on-hire employees working in a classification defined in clause 14Classifications and the on-hire employers of those employees while engaged in the performance of work for an employer throughout Australia that operates airports. Clause 4.3(a) operates subject to the exclusions from coverage in this award.

(b) employers which provide group training services for apprentices and/or trainees working in a classification defined in clause 14Classifications and those apprentices and/or trainees engaged by a group training service hosted by an employer to perform work at a location where the activities described herein are being performed. Clause 4.3(b) operates subject to the exclusions from coverage in this award.

4.4 The award does not cover:

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

(b) 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;or

(c) 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.

4.5 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 that employee are covered by an award with occupational coverage.

5. Individual flexibility arrangements

5.1 Despite anything else in this award,an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed;or

(b) overtime rates;or

(c) penalty rates;or

(d) allowances;or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal;and

(b) if the employer is aware that the employee has,or reasonably should be aware that the employee may have,limited understanding of written English,take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee;and

(b) identify the award term,or award terms,the application of which is to be varied;and

(c) set out how the application of the award term,or each award term,is varied;and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made;and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing;and

(b) signed by the employer and the employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time,by written agreement between the employer and the employee;or

(b) by the employer or employee giving 13 weeks’written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

    NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

    Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.
    NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
    NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’(see section 65(5) and (5A)).
    NOTE 3: Clause 6 is an addition to section 65.

6.2 Responding to the request

    Before responding to a request made under section 65,the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made;and

(c) any reasonable business grounds for refusing the request.

    NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days,stating whether the employer grants or refuses the request (section 65(4)).
    NOTE 2: If the employer refuses the request,then the written response must include details of the reasons for the refusal (section 65(6)).

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal,including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2,then the written response under section 65(4) must:

    (i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances;and

    (ii) if the employer can offer the employee such changes in working arrangements,set out those changes in working arrangements.

6.4 What the written response must include if a different change in working arrangements is agreed

    If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee,then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

6.5 Dispute resolution

    Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6,can be dealt with under clause 34Dispute resolution.

7. Facilitative provisions

7.1 This award contains facilitative provisions which allow agreement to be reached between the employer and employees on how specific award provisions are to apply at the workplace level. The facilitative provisions are identified in clauses 7.3,7.4,7.5 and 7.8.

7.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provision should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations,nor should they result in unfairness to an employee or employees covered by this award.

7.3 The following facilitative provision can be utilised upon agreement between the employer and an employee:

Clause number

Subject matter

25.12

Annual leave in advance

25.13

Cashing out of annual leave

31.3

Substitution of public holidays

31.8(b)

Rostered day off falling on public holiday

7.4 The following facilitative provisions can be utilised upon agreement between the employer and the majority of employees affected in the workplace:

Clause number

Subject matter

17.2(b)

Average number of hours during a shift roster

18.2

Variation of meal breaks

    Provided that any agreement reached consistent with clause 17.2(b) must comply with clause 7.6.

7.5 The following facilitative provisions can be utilised upon agreement between the employer and the majority of employees affected in the workplace,provided that the agreement complies with clauses 7.6 and 7.7. Once such agreement has been reached,the particular form of flexibility agreed upon may be utilised by agreement between the employer and an individual employee without the need for the majority to be consulted:

Clause number

Subject matter

16.4

Variation to the span of ordinary hours

17.3(b)

Arrangement of ordinary hours of shiftwork

17.5

Variation of the method of working shifts

25.3(b)

Single day annual leave absences

7.6 Agreement reached consistent with clause 7.5 must be recorded in the time and wages records kept by the employer.

7.7 If an employee is a member of a relevant union,the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions specified in clause 7.5. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.

7.8 In relation to the following facilitative provision,the requirements of clause 7.5 are to be met,and there is an additional requirement that the relevant union(s) must be informed by the employer of the intention to use the facilitative provision:

Clause number

Subject matter

17.3(c)

12 hour shifts

7.9 In the event that a dispute or difficulty arises over the implementation of a facilitative provision,the matter will be handled in accordance with clause 34Dispute resolution.

Part 2—Types of Employment and Classifications

8. Types of employment

An employee may be engaged on a full-time,part-time or casual basis.

9. Full-time employees

An employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee,unless otherwise specified in this award.

10. Part-time employees

10.1 An employee may be engaged to work regular hours on a part-time basis.

10.2 The ordinary hours of a part-time employee must be less than 38 per week or an average of 38 per week.

10.3 The employer and employee will agree on the days and hours a part-time employee will work.

10.4 A part-time employee will be paid the minimum hourly rate for each ordinary hour.

10.5 Employment of part-time employees must not be at the expense of full-time positions.

10.6 An employee may request an employer to consider their transfer either to or from part-time employment and the employer must consider such request promptly in the context of operational requirements and the special requirements of the employee making the request.

11. Casual employees

11.1 A casual employee is one engaged on a casual basis.

11.2 A casual employee for working ordinary time must be paid the minimum hourly rate per hour plus a 25% loading.

11.3 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

11.4 Right to request casual conversion

(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which,without significant adjustment,the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to full-time employment.

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

(e) Any request under clause 11.4 must be in writing and provided to the employer.

(f) Where a regular casual employee seeks to convert to full-time or part-time employment,the employer may agree to or refuse the request,but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

(g) Reasonable grounds for refusal include that:

    (i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award—that is,the casual employee is not truly a regular casual employee as defined in clause 11.4(b);

    (ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months;

    (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months;or

    (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

(h) For any ground of refusal to be reasonable,it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert,the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(j) If the employee does not accept the employer’s refusal,this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 34Dispute resolution. Under that procedure,the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(k) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 11.4,the employer and employee must discuss and record in writing:

    (i) the form of employment to which the employee will convert –that is,full-time or part-time employment;and

    (ii) if it is agreed that the employee will become a part-time employee,the matters referred to in clauses 10.1,10.2 and 10.3.

(l) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(m) Once a casual employee has converted to full-time or part-time employment,the employee may only revert to casual employment with the written agreement of the employer.

(n) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage),or have their hours reduced or varied,in order to avoid any right or obligation under clause 11.4.

(o) Nothing in clause 11.4 obliges a regular casual employee to convert to full-time or part-time employment,nor permits an employer to require a regular casual employee to so convert.

(p) Nothing in clause 11.4 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(q) An employer must provide a casual employee,whether a regular casual employee or not,with a copy of the provisions of clause 11.4 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018,an employer must provide such employees with a copy of the provisions of clause 11.4 by 1 January 2019.

(r) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.4(q).

12. Apprentices

12.1 Apprentices

    In order to undertake trade training,a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the apprenticeship authority or State or Territory legislation. The employer must provide training and/or provide access to training consistent with the contract or training agreement,without loss of pay.

12.2 Adult apprentices

    An employer may indenture suitable applicants who are 21 years of age and over,provided that such apprentices must not be indentured at the expense of other apprentices.

12.3 Apprentice trades

    Trades to which an apprentice may be indentured will include:

(a) Mechanical;

(b) Electrical;

(c) Plumbing;and

(d) Carpentry.

12.4 Except as provided in clause 12 or where otherwise stated,all conditions of employment specified in this award apply to apprentices.

12.5 Where an apprentice is required to attend block release training for training identified in or associated with their training contract,and such training requires an overnight stay,the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 12.5 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

12.6 For the purposes of clause 12.5 above,excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,which exceed those incurred in travelling to and from work. For the purposes of clause 12.5,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

12.7 The amount payable by an employer under clause 12.5 may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

12.8 All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship,which are paid by an apprentice,will be reimbursed by the employer within 6 months of the commencement of the apprenticeship or the relevant stage of the apprenticeship,or within 3 months of the commencement of the training provided by the RTO,whichever is the later,unless there is unsatisfactory progress.

12.9 An employer may meet its obligations under clause 12.8 by paying any fees and/or cost of textbooks directly to the RTO.

12.10 Time spent by an apprentice in attending any training and/or 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 apprentice’s wages and determining the apprentice’s employment conditions. Clause 12.10 operates subject to the provisions of Schedule D—School-based Apprentices.

12.11 No apprentice will,except in an emergency,work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

13. Junior employees

See clause 19.5Junior employee minimum rates.

14. Classifications

A description of the classifications under this award is set out in Schedule A—Skill Level Descriptions.

Part 3—Hours of Work

15. Ordinary hours of work—all employees

Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

16. Ordinary hours of work and rostering—day workers

16.1 The ordinary hours of work will be 38 or an average of 38 per week arranged according to the requirements of the particular airport or department.

16.2 Ordinary hours of work may be worked on any day or all days,Monday to Friday inclusive,between the hours of 6.30 am and 6.30 pm.

16.3 The spread of ordinary hours must not exceed 12 hours on any one day.

16.4 An alternative 12 hour span may be adopted by agreement between the employer and a majority of the employees concerned to cater for specific operational,seasonal or climatic conditions subject to clause 7.5.

16.5 No employee will be required to work more than 10 ordinary hours on any one day.

16.6 Ordinary hours must be worked continuously,except for meal breaks.

17. Ordinary hours of work and rostering—shiftworkers

17.1 Definitions

17.2 Hours

(a) The ordinary hours of work must be:

      •38 or an average of 38 per week,inclusive of meal time;and
      •must not exceed 152 hours within a period of 28 consecutive days.

(b) Where the employer and the majority of employees concerned agree,a roster system may operate on the basis that the weekly average of 38 hours is achieved over a period which exceeds 28 consecutive days.

(c) Subject to clauses17.2(d)17.2(f) and 17.3 shiftwork may be carried out at such times and locations as the employer’s operations require.

(d) Ordinary hours must be worked continuously except for meal breaks at the discretion of the employer.

(e) An employee must not be required to work more than 5 hours without a break for a meal without payment of overtime.

(f) Except at regular changeover of shifts,an employee must not be required to work more than one shift in each 24 hours.

17.3 Duration of shift

(a) Subject to clause 17.3(c) and 17.3(d),a shift must consist of not more than 10 hours,inclusive of rest time.

(b) Subject to clause 7.5,in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 on any day,such arrangement of hours will be subject to the agreement of the employer and the majority of employees concerned.

(c) By agreement between the employer and the majority of employees concerned,ordinary hours not exceeding 12 on any day may be worked,subject to clause 7.8 and:

      •proper health and safety monitoring procedures being introduced;
      •suitable roster arrangements being made;
      •proper supervision being provided;and
      •consideration being given to family responsibilities.

(d) 20 minutes must be allowed to shiftworkers each shift for a meal,which must be counted as time worked.

17.4 Rosters

    Shift rosters must specify the commencing and finishing times of ordinary working hours of the respective shifts.

17.5 Variation by agreement

(a) Subject to clauses 17.2 and 17.4,the method of working shifts may in any case be varied by agreement between the employer and the majority of employees concerned.

(b) The time of commencing and finishing shifts,once having been determined,may be varied by agreement between the employer and the majority of employees concerned to suit the operational requirements at an airport.

(c) The provisions of clause 17.5 will operate subject to clause 7.5.

18. Breaks –day workers

18.1 An employee must not be required to work for more than 5 hours without a break for a meal. Such meal breaks will not count as time worked for day workers.

18.2 Meal breaks during ordinary hours must be for a period of 30 minutes. Provided that the duration and starting time of meal breaks will be variable by agreement between the employer and the employees concerned to suit the particular work requirements and to enable efficient completion of work.

18.3 Except as provided in clause 18.4,all work done during meal periods and thereafter until a meal break is allowed must be paid at the rate of 150% of the minimum hourly rate.

18.4 An employee employed on regular maintenance may be required to work during meal breaks at ordinary rates whenever instructed to do so:

(a) for the purpose of making good breakdowns of equipment;or

(b) upon routine maintenance of equipment which can only be done while such equipment is idle.

18.5 The meal break must be made available at the first reasonable opportunity after the maintenance has been performed.

Part 4—Wages and Allowances

19. Minimum rates

19.1 Minimum rates

    Adult employees must be paid the rate appropriate to their designated skill level as set out below.
    (a) Technical services officers

    Classification

    Minimum annual rate
    (full-time employee)

    Minimum hourly rate

     

    $

    $

    Technical services assistant

    43,276

    21.83

    Technical services officer Level 1

    44,985

    22.69

    Technical services officer Level 2

    46,563

    23.49

    Technical services officer Level 3

    49,580

    25.01

    Technical services officer Level 4

    52,531

    26.50

    Technical services officer Level 5

    53,742

    27.11

    Technical services officer Level 6

    55,316

    27.90

    Technical services officer Level 7

    58,340

    29.43

    Technical services officer Level 8

    59,913

    30.22

    Technical services officer Level 9

    64,646

    32.61

    Technical services officer Level 10

    69,380

    35.00

    (b) Administrative services officers

    Classification

    Minimum annual rate
    (full-time employee)

    Minimum hourly rate

     

    $

    $

    Administrative services officer Level 1

    42,328

    21.35

    Administrative services officer Level 2

    47,841

    24.13

    Administrative services officer Level 3

    52,206

    26.34

    Administrative services officer Level 4

    56,172

    28.34

    Administrative services officer Level 5

    61,243

    30.89

    Administrative services officer Level 6

    67,914

    34.26

    Administrative services officer Level 7

    73,202

    36.93

    (c) Ground services officers

    Classification

    Minimum annual rate
    (full-time employee)

    Minimum hourly rate

     

    $

    $

    Ground services officer Level 1

    40,124

    20.24

    Ground services officer Level 2

    41,065

    20.72

    Ground services officer Level 3

    42,009

    21.19

    Ground services officer Level 4

    43,276

    21.83

    Ground services officer Level 5

    44,985

    22.69

    Ground services officer Level 6

    46,563

    23.49

    Ground services officer Level 7

    48,009

    24.22

    Ground services officer Level 8

    48,952

    24.69

    Ground services officer Level 9

    49,580

    25.01

    Ground services officer Level 10

    50,214

    25.33

    Ground services officer Level 11

    51,161

    25.81

    (d) Professional engineers

    Classification

    Minimum annual rate
    (full-time employee)

    Minimum hourly rate

     

    $

    $

    Professional engineer Level 1

      

    Pay point 1

    55,797

    28.15

    Pay point 2

    57,958

    29.24

    Pay point 3

    60,067

    30.30

    Professional engineer Level 2

    63,069

    31.82

    Professional engineer Level 3

    69,379

    35.00

    Professional engineer Level 4

    75,685

    38.18

    Professional engineer Level 5

    84,638

    42.70

    (e) Incremental progression for Professional Engineers

    (i) The job description for each position will identify the abilities and/or training needed to progress to the next salary point within the specified range.

    (ii) Progression through the incremental scale will be subject to the employee meeting the criteria identified for their position.

    (iii) Subject to clause 19.1(e)(ii),progression through the incremental scale will be initiated at the discretion of the employer or on application by the employee.

    (iv) Such progression may occur at any time,but assessment would normally be conducted annually.

    NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

19.2 Skill level descriptions

19.3 Apprentice minimum rates

    (a) Apprentice minimum rates

    (i) Apprentices who are under 21 years of age and commenced their apprenticeship before 1 January 2014 must be paid minimum rates,calculated to the nearest dollar,at the appropriate percentage indicated below of the minimum rate of a Technical services officer Level 1. Where the age and year of service produce different percentages,the higher percentage will apply:

    Age or length of service as an apprentice

    Percentage of the standard rate

     

    %

    Under 18 or 1st year

    42

    At 18 or 2nd year

    55

    At 19 or 3rd year

    75

    At 20 or 4th year

    88

    (ii) Apprentices who commenced their apprenticeship on or after 1 January 2014 and are under 21 years of age must be paid minimum rates,calculated to the nearest dollar,at the appropriate percentage indicated below of the minimum rate of a Technical services officer Level 1. Where the age and year of service produce different percentages,the higher percentage will apply.

    Age or length of service as an apprentice

    Percentage of the standard rate for apprentices who have not completed Year 12

    Percentage of the standard rate for apprentices who have completed year 12

     

    %

    %

    Under 18 or 1st year

    50

    55

    At 18 or 2nd year

    60

    65

    At 19 or 3rd year

    75

    75

    At 20 or 4th year

    88

    88

19.4 Adult apprentice minimum rates

(a) The minimum wage of an adult apprentice who commenced their apprenticeship before 1 January 2014 must be the rate prescribed by clause 19.3 for the relevant year of the apprenticeship.

(b) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the standard rate or the rate prescribed by clause 19.3 for the relevant year of apprenticeship,whichever is greater.

(c) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 19.1 or the rate prescribed by clause 19.3 for the relevant year of apprenticeship,whichever is the greater.

(d) Provided that where a person was employed by the employer prior to becoming an adult apprentice,such person must not suffer a reduction in the minimum wage by virtue of becoming indentured.

(e) For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum rate that is from time to time applicable to the classification or class of work in which they were engaged immediately prior to entering the indenture.

19.5 Junior employee minimum rates

    An unapprenticed junior must be paid a minimum wage calculated to the nearest dollar,at the percentage specified by age as follows of the adult minimum rate applicable to their classification.

    Age of employees

    Percentage of adult minimum rate

     

    %

    Under 18 years

    60

    At 18 years

    70

    At 19 years

    81

    At 20 years

    91

19.6 Higher duties

(a) An employee whose normal wage does not exceed the maximum rate for Administrative services officer Level 5 who is engaged on duties carrying a higher rate than their ordinary classification must be paid:

Time per day or shift on duties carrying a higher rate

Payment

More than 4 hours

Higher rate for the day or shift

1–4 hours

Higher rate for time worked on higher duties

(b) An employee whose normal wage exceeds the maximum rate for an Administrative services officer Level 5 who is engaged for one week or more on duties carrying the higher rate than their ordinary classification may be paid the higher rate for such time.

(c) An employee who temporarily performs the duties of a position carrying a higher rate than their own classification but does not perform all the duties of that position may be paid an allowance of such amount and subject to such conditions as the employer determines.

(d) An allowance paid under clause 19.6 will be regarded as part of the minimum wage for the purposes of calculating overtime and penalty payments.

19.7 Supported wage system

19.8 National training wage

20. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

20.1 All money payable under this award must be paid fortnightly by electronic transfer of funds into an account with a bank or other recognised financial institution nominated by the employee. In the event that the employee has failed to nominate such an account,or closes such account,the employer may pay such money to an account in the name of the employee nominated by the employer.

20.2 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

    (i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination;and

    (ii) all other amounts that are due to the employee under this award and the NES.

(b) The requirement to pay wages and other amounts under clause 20.2(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

    NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.
    NOTE 2: Clause 20.2(b) allows the Commission to make an order delaying the requirement to make a payment under clause 20.2. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
    NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

21. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

21.1 Employers must pay to an employee the allowances the employee is entitled to under clause 21.

21.2 Wage-related allowances

    (a) Disability allowance

    (i) An allowance of $0.87 per hour must be paid to Technical services officers or Ground services officers for the period in which they are engaged in work in which they experience any of the following disabilities:

        •chokage,i.e. clearing stoppage in soil or waste pipes,and repairing or putting in proper order such pipes;
        •the use of materials which include epoxy resin or other similar substances which produce seriously obnoxious fumes,including joining of optical fibre cabling;
        •confined spaces,i.e. a compartment,space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation;
        •working at heights of 15 metres or more directly above the nearest horizontal plane;
        •work of an unusually dirty or offensive nature,e.g. collection and disposal of garbage,clearing sewerage spills or working at sewerage treatment works;
        •working with hot bitumen or asphalt;
        •handling loose slag wool,loose insulwool or other material of a like nature used for providing insulation;
        •operating explosive powered tools;
        •working for more than one hour in places where,as a result of artificial means,the temperature is below 0 C or above 46 C;
        •working for more than 2 hours in temperature exceeding 54 C;and
        •working in any place where water is continually dripping on the employee so that clothing and boots become wet or where there is water underfoot,unless the employer has been provided with suitable protective clothing and/or footwear.

    (ii) Where an employee claims chokage,payment of the allowance must continue for the remainder of the day claimed.

    (iii) An employee engaged inside a confined space being a boiler in cleaning or scraping work must be paid an allowance of $1.99 per hour whilst so engaged.

    (iv) The maximum disability allowance which can be claimed for any one hour is $1.30,except for circumstances where staff are being paid confined spaces for cleaning or scraping boilers,and in such spaces the maximum disability allowance claimed for any one hour must be $1.99.

    (v) To be eligible for payment under clause 21.2(a),an employee must spend a reasonable amount of time working with the disability. Eligibility for the allowance must be approved by the relevant supervisor.

    (vi) The allowances prescribed in clause 21.2(a) must be paid irrespective of the times at which work is performed and will not be subject to any premium or penalty additions.

    (vii) These allowances will not be payable on public holidays,annual leave,sick leave or any other approved leave.

    (b) Plumbers’allowances

      (i) Registration allowance

        A plumber who is registered with the appropriate State or Territory authority must be paid an additional amount of $33.74 per week.

      (ii) Licence allowance

    (c) First aid allowance

      If an employee is appointed by their employer to perform first aid duty and holds a current first aid qualification from St John Ambulance or a similar body,the employee is entitled to an allowance at the rate of $17.30 per week.

    (d) District allowance

    (i) For the purposes of clause 21.2(d),a dependant means a person who is totally or partially dependent on an employee,who resides with the employee and/or whose income is less than the national minimum wage.

    (ii) An employee who is employed at an airport listed below must be paid an annual allowance as specified for the disabilities incurred when working at these localities:

     

    Employees with dependants

    Employees without dependants

     

    $ per annum

    Alice Springs

    3105.71

    1695.60

    Darwin

    3105.71

    1695.60

    Mt Isa

    3105.71

    1695.60

    Tennant Creek

    6185.47

    3823.74

    Townsville

    1289.00

    648.83

    Yulara

    3105.71

    1695.60

    (iii) District allowance must be paid when an employee is absent on annual leave or travelling or relieving while temporarily stationed at a locality other than their normal locality.

    (e) Extra rates not cumulative

21.3 Expense-related allowances

    (a) Tool allowance

      Where the employer does not provide all tools necessary for the performance of duties,the employer must pay tradespersons the following allowance:

    Tradesperson

    $ per week

    Carpenter/Plumber

    20.95

    Electrician/Mechanic

    15.17

    Painter

    5.17

    (b) Reimbursement for uniforms/protective clothing

      (i) Issue of uniforms/protective clothing

        Where an employer requires an employee to wear any special clothing such as uniforms,protective clothing,footwear,safety glasses or other equipment,the employer must reimburse the employee for the cost of purchasing such special clothing.
        Clause 21.3(b) will not apply where the special clothing is paid for by the employer. Where special clothing is supplied by the employer without cost to the employee,such clothing will remain the property of the employer.

      (ii) Damage to clothing,spectacles,hearing aids or tools

        Compensation to the extent of the damage sustained must be made by the employer where in the course of work clothing,spectacles,hearing aids or tools of an employee are damaged or destroyed by fire or process substances,provided that the employer’s liability in respect of tools will be limited to such tools as the employee is ordinarily required to provide for the performance of work.

      (iii) Case-hardened prescription lenses

        Where the employer requires an employee to wear case-hardened prescription lenses,the employer must pay the costs associated with case hardening plus the cost of minimum standard appropriate frames. In the case of damage to such spectacles during the course of work the employer will be liable for the cost of replacement.

    (c) Travel allowance

      An employee will be entitled to an allowance of $5.53 on each occasion the employee travels to an airport to perform:

    (i) duty as ordinary time or overtime which commences or ceases between 7.00 pm and 7.00 am;or

    (ii) overtime where the employee has been recalled after leaving the airport at the conclusion of their ordinary hours.

    (d) Reimbursement of airfares

    (i) For the purposes of clause 21.3(d),dependant will have the same meaning as in clause 21.2(d)(i) and the term capital city will mean the capital city nearest the locality,except in the Northern Territory,where the nearest capital city will be Adelaide.

    (ii) An employee engaged at a remote locality listed in clause 21.2(d)(ii) who reasonably incurs airfare costs during a period of approved leave will be entitled to reimbursement for one return airfare incurred by the employee and/or an eligible dependant:

        •A remote locality other than Townsville—the cost of one return airfare after each completed year of service at the locality;or
        •Townsville—the cost of one return airfare after every 2 years of completed service.

    (iii) Reimbursement must be an amount equivalent to the cost of a return airfare reasonably incurred between the locality and nearest capital city,subject to clauses 21.3(d)(iv) and 21.3(d)(v).

    (iv) An employee or eligible dependant who travels to a destination other than the nearest capital city will be reimbursed either the reasonable costs incurred in respect of such travel or the cost of return airfares reasonably incurred to the nearest capital city,whichever is the lesser.

    (v) An employee or eligible dependant may travel other than by air where prior approval is granted by the airport manager or general manager. An employee or eligible dependant who travels other than by air to either the nearest capital city or other destination will be entitled to an amount equal to the lesser of:

        • the cost of a return airfare reasonably incurred;or
        •the cost reasonably incurred in respect of such travel.

    (e) Medical,specialist medical or emergency dental treatment fares

    (i) An employee engaged at a remote locality listed in clause 21.2(d)(ii) will be entitled to reimbursement of the cost of fares reasonably incurred by the employee and/or eligible dependants in relation to the removal of the employee or dependant for medical,specialist medical or emergency dental treatment where there is no resident medical practitioner,specialist medical practitioner or dentist at the locality.

    (ii) Provided that reimbursement of the cost of fares reasonably incurred must only be authorised by the airport manager or general manager for travel to the nearest place where treatment can be given and subject to the employee supplying a statement from a duly qualified medical practitioner or dentist stating the problem and that removal for treatment was necessary.

    (f) Reimbursement of air conditioning expenses

    (i) An employee located at Tennant Creek Airport,who resides in a dwelling owned by the employer or in temporary accommodation in which refrigerative air conditioning is installed,and is responsible for the payment of charges listed on an acceptable account will be entitled to a reimbursement for the subsidy period from 1 November to 31 March inclusive,calculated in accordance with the provisions of clause 21.3(f).

    (ii) Where the acceptable account falls entirely within the subsidy period,the reimbursement must be a percentage of the total charges as follows:

     

    % of total charges

    1 room air conditioner

    50

    2 room air conditioners

    65

    3 room air conditioners

    70

    Where a separate meter that only records electricity consumption of the air conditioning system is installed

    85

    (iii) Where the period covered by the acceptable account falls partly outside the subsidy period,the reimbursement must be calculated by multiplying the percentage of the total charge payable in accordance with clause 21.3(f)(ii) by the following formula:

        (2 x A) / (A + B)
        Where:
        A = the number of days within the period of the acceptable account that lies within the relevant subsidy period;and
        B = the number of days within the period covered by the acceptable account.

    (iv) Room air conditioner means a single refrigerative air conditioning unit mounted in the wall or window of the room to which it provides cool air.

    (v) Total charge means the sum of all charges for the normal supply and consumption of electricity,but does not include charges for connection,disconnection or reconnection of supply,overdue charges or other charges or adjustments not associated with the normal supply and consumption of electricity.

    (g) Overtime meal allowance

      See clause 23.10 for overtime meal allowance.

22. Superannuation

22.1 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.

22.2 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.

22.3 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 22.2.

(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 22.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 22.3(a) or (b) was made.

22.4 Superannuation fund

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 22.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 22.2 and pay the amount authorised under clauses 22.3(a) or (b) to one of the following superannuation funds or its successor:

(a) AustralianSuper;or

(b) 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 superannuation scheme;or

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

Part 5—Overtime and Penalty Rates

23. Overtime

23.1 Payment for working overtime—day worker

(a) For all work required to be undertaken by a day worker outside ordinary hours Monday to Saturday except as provided by clause 23.8,the rate of pay must be 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate thereafter until completion of the overtime.

(b) For all work required to be undertaken by a day worker outside ordinary hours on Sunday except as provided by clause 23.8,the rate of pay must be 200% of the minimum hourly rate until the completion of the overtime work.

23.2 Payment for working overtime—shiftworker

(a) For all work required to be undertaken by a shiftworker outside ordinary hours Monday to Friday except as provided in clause 23.8,the rate of pay must be 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate thereafter until completion of the overtime.

(b) For all work required to be undertaken by a shiftworker outside of ordinary hours Saturday to Sunday except as provided by clause 23.8,the rate of pay must be 200% of the minimum hourly rate until the completion of the overtime work.

23.3 Calculating overtime hourly rate

(a) Except as provided in clause 23.5,in calculating overtime each day’s work will stand alone.

(b) The hourly rate for overtime purposes must be determined by the following method:

23.4 Eligibility for overtime payment

    Except at the discretion of the employer,employees paid an annual rate which is equal to or greater than the minimum annual rate payable to an Administrative services officer Level 6 will not be entitled to receive overtime payment.

23.5 Rest period after overtime

(a) When overtime is necessary it must,wherever reasonably practicable,be so arranged that employees have at least 8 consecutive hours plus reasonable travelling time off duty between the work of successive days.

(b) An employee (other than a casual employee) who works so much overtime between the termination of work on one day and the commencement of work on the next day that they have not had at least 8 consecutive hours,exclusive of reasonable travelling time off duty between those times,must,subject to clause 23.5(a),be released after completion of such overtime until they have had such time off duty,without loss of pay for ordinary working time involved.

(c) If such employee is required to resume or continue work without having had such time off duty,they must be paid at 200% of the minimum hourly rate until released from duty for such period and must then be entitled to be absent until they have had such time off duty without loss of pay for any ordinary working time involved.

23.6 Call-back

(a) Subject to the provisions of clause 23.6(b),an employee required to return to work overtime after leaving their place of work must be paid a minimum of 4 hours’pay at the appropriate rate for each time they are recalled.

(b) Where an employee has been contacted after ceasing work and is required to attend work immediately (i.e. within less than 3 hours of being contacted),that employee must be paid 200% of the minimum hourly rate for such duty,with a minimum payment of 3 hours,which includes reasonable time spent in travelling to and from such emergency. In addition,they must be paid mileage allowance at the appropriate rate or the payments specified under clause 21.3(c),whichever is the greater.

(c) The provisions of clause 23.6(b) will not apply to any employee who is in receipt of payments under clause 23.7,in which case clause 23.6(a) will apply.

(d) Where an employee is called back for duty on a designated public holiday,payment must be made in accordance with clause 31Public holidays and Sunday work.

(e) An employee must not be required to work the full minimum hours if the job they were called back to perform is completed within a shorter period.

(f) Overtime worked in the circumstances specified in the provision of clause 23.6 will not be regarded as overtime for the purpose of clause 23.5 when the actual time worked is less than 3 hours on such call-back or on each of such call-backs.

(g) The provisions of clause 23.6 will not apply in the following circumstances:

    (i) Where it is customary for an employee to return to their place of work to perform a specific job outside their ordinary hours.

    (ii) Where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

    (iii) Where an employee’s duty for a day or shift is varied by alteration of the scheduled commencement time to meet such circumstances.

23.7 On-call and stand-by

(a) An employee may be required,outside their ordinary hours of duty,to hold themselves in readiness to perform extra duty,subject to payment for any such requirement under the conditions set out in clause 23.7.

(b) Payment will be subject to the following conditions:

    (i) except with the approval of the employer,employees ineligible for overtime payment under clause 23.4 will not be eligible to receive payment under clause 23.7;and

    (ii) the restriction situation will be imposed by the prior written direction of the employer or will subsequently be approved in writing by the employer where the circumstances did not permit prior direction.

(c) An employee who is required to remain contactable and available to perform extra duty outside the employee’s ordinary hours of duty must,subject to clause 23.7(b),be paid an allowance:

    (i) at a rate of 7.5% of the employee’s minimum hourly rate for each hour restricted Monday to Friday;

    (ii) at a rate of 10% of the employee’s minimum hourly rate for each hour restricted Saturday and Sunday;and

    (iii) at a rate of 15% of the employee’s minimum hourly rate for each hour restricted on public holidays and rostered days off.

(d) An employee’s minimum rate for the purpose of calculation of the allowance under clause 23.7(c) must include higher duties allowance and any other allowances in the nature of wages.

(e) Where the employer has approved payment under clause 23.7 to employees ineligible for overtime payment under clause 23.4,the annual rate component of the formula at clause 23.3(b) must be the maximum of the annual rate range for an Administrative services officer Level 5.

(f) Any part of a period of restriction in respect of which the employee receives payment other than in accordance with clause 23.7(c) must not be included in the period of restriction for calculating payments under clause 23.7(c).

(g) No payment will be made to an employee under clause 23.7 for any period in which the employee does not remain contactable or at the required degree of readiness to perform extra duty.

(h) The provisions of clause 23.6(b) will not apply where an employee is recalled to duty whilst in any restriction situation specified in clauses 23.7(a) and 23.7(b).

(i) Where an employee,whilst in any restriction situation specified in clauses 23.7(a) and 23.7(b) is required to attend to perform overtime or ordinary duty on a public holiday,the payment for such attendance,whether the employee actually performs duty or not,will be subject to the minimum payment provisions contained in either clause 23.6 or 31Public holidays and Sunday work.

23.8 Absence from duty instead of overtime

(a) An employee who has performed overtime duty may,wherever practicable and with the approval of the employer,be released from duty for an equivalent period.

(b) Where an employee,other than a continuous shiftworker,is released from duty in accordance with clause 23.8(a) the employee must,in respect of the period they are so released,be entitled to be paid at the following rate:

    (i) where the period of overtime duty was from Monday to Saturday,at 50% of the minimum hourly rate for the first 3 hours then 100% of the minimum hourly rate for the remaining period of overtime worked;

    (ii) where the period of overtime duty was on a public holiday,at 150% of the minimum hourly rate;or

    (iii) where the period of overtime duty was on a Sunday,at 100% of the minimum hourly rate.

(c) Where a continuous shiftworker is released from duty in accordance with clause 23.2 the employee must,in respect of the period they are so released,be entitled to be paid at the following rate:

    (i) where the period of overtime duty was from Monday to Friday,at 50% of the minimum hourly rate for the first 3 hours then 100% of the minimum hourly rate for the remaining period of overtime worked;

    (ii) where the period of overtime duty was on a public holiday,at 150% of the minimum hourly rate;or

    (iii) where the period of overtime duty was on a Saturday or Sunday,at 100% of the minimum hourly rate.

23.9 Overtime payment

    For the purposes of payment of overtime in accordance with clause 23,payments will be made in respect of the day on which the overtime was worked.

23.10 Meal allowance

(a) An employer may elect to provide an employee who works overtime with a meal.

(b) Where a meal is not provided,and subject to clause 23.10(c),a meal allowance of $15.29 must be paid to an employee who works a minimum of 2 hours’overtime and after every subsequent 5 hours during any continuous period of overtime if the employee continues to work after the periods specified by clause 23.10.

(c) Entitlement to a meal allowance arises where an employee:

    (i) works overtime continuous with ordinary duty without a break for a meal;

    (ii) works overtime continuous with ordinary duty;or

    (iii) works overtime on a Saturday,Sunday,public holiday or (in the case of a shiftworker) rostered day off and is granted an unpaid meal break.

(d) Where overtime is worked on a Saturday,Sunday,public holiday or (in the case of a shiftworker) rostered day off is planned and constitutes the equivalent of a standard day or shift,only one meal allowance must be paid.

24. Shiftwork penalty rates

24.1 Definitions

(a) Night shift means a shift between 6.00 pm and 6.30 am.

(b) Non-rotating night shift means a shift which falls wholly within the hours of 6.00 pm and 8.00 am,provided such worker:

    (i) only works such shifts;

    (ii) works such a shift for a period in excess of 4 weeks;or

    (iii) works such a shift which does not rotate or alternate with another shift or day work so as to give at least one third of working time off such shift in each shift cycle.

24.2 Shift payment

(a) A shiftworker whilst on a shift,any part of which is a night shift,must be paid for such shift 115% of the minimum hourly rate,except as specified in clause 24.2(b).

(b) A shiftworker on non-rotating night shift must be paid 130% of the minimum hourly rate.

(c) The additional payment prescribed by clause 24.2 will not be taken into account in the calculation of overtime or in determination of any allowance based upon the minimum hourly rate,nor will it be paid with respect to any shift for which any other form of penalty payment is made under this award.

24.3 Saturday shifts

(a) The minimum rate to be paid to a shiftworker for rostered work performed on Saturday must be 150% of the minimum hourly rate.

(b) When the Saturday falls on 25 December,200% of the minimum hourly rate must be paid.

(c) Such extra rates will be in substitution for and not cumulative upon the payments prescribed in clause 24.2.

24.4 Sundays and public holidays

(a) Shiftworkers who work on a rostered shift,the major portion of which is performed on a Sunday or public holiday,must be paid as follows:

    (i) Work performed on Sunday must be paid at the rate of 200%.

    (ii) When the Sunday falls on 25 December,250% of the minimum hourly rate must be paid.

    (iii) Work performed on public holidays as prescribed by clause 31Public holidays and Sunday work must be paid at the rate of 250% of the minimum hourly rate.

    (iv) Such extra rates will be in substitution for and not cumulative upon the premiums prescribed in clause 24.2.

(b) For the purposes of clause 24.4 and clause 31Public holidays and Sunday work,where the starting and finishing times of a shift occur on different days of the week,that shift will be regarded as having been totally worked on the day on which the majority of hours were worked.

Part 6—Leave and Public Holidays

25. Annual leave

25.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee. A shiftworker,for the purposes of clause 25 and application of the NES,must be a shiftworker rostered to work regularly on Sundays and public holidays.

25.2 Additional periods of leave

    In addition to annual leave entitlements specified in the NES,an employee in receipt of a district allowance as prescribed in clause 21.2(d) will be entitled to additional annual leave for each completed year of service or part thereof at a remote locality as follows:

Alice Springs

5 days

Darwin

5 days

Mt Isa

3 days

Tennant Creek

7 days

Townsville

2 days

Yulara

5 days

25.3 Broken leave

(a) Annual leave may be granted in such periods as are mutually agreed between the employer and an employee. Leave entitlements taken in respect of any year of service must include at least one period of at least one week,excluding public holidays.

(b) The employer and the majority of employees at an airport may agree to establish a system of single day annual leave absences,subject to clause 7.5.

    (i) An employee may elect,with the consent of the employer,to take annual leave in single day periods or part of a single day not exceeding a total of 10 days in any calendar year at a time or times agreed between them.

    (ii) A shiftworker and the employer may agree to defer payment of the annual leave loading in respect of single day absences until at least 10 consecutive annual leave days are taken.

25.4 Time of taking leave

    Annual leave must be taken at a time(s) mutually agreed between the employer and the employee,or in the absence of mutual agreement,at a time(s) fixed by the employer within a period not exceeding 2 years and 3 months from the date on which such annual leave falls due and after not less than 4 weeks’notice to the employee.

25.5 Payment for period of annual leave

    Instead of the base rate of pay as referred to in the NES,an employee under this award,before going on annual leave,must be paid the minimum rate they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.

25.6 Electronic funds transfer (EFT) payment of annual leave

    Despite anything else in clause 25,an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

25.7 Annual leave loading

(a) During a period of annual leave an employee must be paid a loading calculated on the minimum rate prescribed in clause 25.5.

(b) The loading must be as follows:

      (i) Non-shiftworkers

        An annual leave loading of 17.5% of the minimum hourly rate in clause 25.5 must be paid to employees other than shiftworkers during each period of annual leave.

      (ii) Shiftworkers

        An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of the minimum hourly rate in clause 25.5 or the shift loading including relevant weekend penalty rates,whichever is the greater,but not both.

    NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award,the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

25.8 Proportionate leave on termination

    On termination of employment,an employee,other than a casual employee,must be paid for leave accrued that has not been taken at the appropriate minimum rate calculated in accordance with clauses 25.5 and 25.7.

25.9 Excessive leave accruals:general provision

    NOTE: Clauses 25.9 to 25.11 contain provisions,additional to the NES,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave (or 10 weeks’paid annual leave for a shiftworker,as defined by clause 25.1).

(b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 25.10 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 25.11 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

25.10 Excessive leave accruals:direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 25.9(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However,a direction by the employer under clause 25.10(a):

    (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.9,25.10 or 25.11 or otherwise agreed by the employer and employee) are taken into account;and

    (ii) must not require the employee to take any period of paid annual leave of less than one week;and

    (iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

    (iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c) The employee must take paid annual leave in accordance with a direction under clause 25.10(a) that is in effect.

(d) An employee to whom a direction has been given under clause 25.10(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 25.10(d) may result in the direction ceasing to have effect. See clause 25.10(b)(i).

NOTE 2: Under section 88(2) of the Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

25.11 Excessive leave accruals:request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 25.9(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However,an employee may only give a notice to the employer under clause 25.11(a) if:

    (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and

    (ii) the employee has not been given a direction under clause 25.10(a) that,when any other paid annual leave arrangements (whether made under clause 25.9,25.10 or 25.11 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 25.11(a) must not:

    (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.9,25.10 or 25.11 or otherwise agreed by the employer and employee) are taken into account;or

    (ii) provide for the employee to take any period of paid annual leave of less than one week;or

    (iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or

    (iv) be inconsistent with any leave arrangement agreed by the employer and employee.

(d) An employee is not entitled to request by a notice under clause 25.11(a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 25.1) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 25.11(a).

25.12 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 25.12 as an employee record.

(d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 25.12,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

25.13 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.13.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.13.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 25.13 must state:

    (i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

    (ii) the date on which the payment is to be made.

(e) An agreement under clause 25.13 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 25.13 as an employee record.

    NOTE 1: Under section 344 of the Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 25.13.
    NOTE 2: Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 25.13.
    NOTE 3: An example of the type of agreement required by clause 25.13 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.

26. Personal/carer’s leave and compassionate leave

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

26.2 Leave may be taken for part of a single day.

26.3 Additional amounts of paid personal/carer’s leave

    In addition to what is provided for in the NES,an employee is entitled to an additional 3 days personal/carer’s leave on full pay in the second and following years of service.

26.4 Personal leave at half pay

(a) In addition to an employee’s entitlements to personal leave at full pay,an employee is entitled to the following amount of half pay personal leave for absence due to personal illness or injury:

    (i) one day for each of the 3rd to 12th months inclusive of the first year of service;

    (ii) 10 days in the second and following years of service.

(b) Subject to clause 26.4(d),half pay personal leave is not available for use within the first year of service.

(c) Half pay personal leave is not available for carer’s leave or bereavement leave purposes as provided for under clause 26.4.

(d) Half pay personal leave entitlements which are not taken at the completion of the year will accumulate fully.

(e) An employee may be granted personal/carer’s leave for absences of up to 3 consecutive days without providing a medical certificate from a duly qualified medical practitioner provided such absences do not exceed a total of 5 days in aggregate in any sick leave year.

(f) In the case of an employee with at least 10 years’continuous service who has exhausted their full pay personal leave entitlements,the employer may allow them to convert to leave on full pay so much of their half pay entitlements as are required for a continuous period of personal leave at least 10 days of which would otherwise be on half pay. In the application of clause 26.4:

    (i) in the case of employees with at least 20 years’service,the period of 10 days will be read as 5 days;

    (ii) in the case of employees with at least 30 years’service,the period of 10 days will be read as 2 days;

    (iii) in the case of an employee with at least 10 years’service who seeks to convert half pay personal leave credits in respect of an absence for a medical condition for which credits have previously been converted from half pay to full pay,the periods of absences specified in clause 26.4 will not apply.

(g) Notwithstanding anything contained in clause 26.4(a),an employee suffering injury through an accident arising out of and in the course of employment (not being an injury in respect of which there is a workers compensation entitlement) necessitating attendance during working hours to a doctor,chemist or trained nurse,or at a hospital,must not suffer any deduction in pay for the time (not exceeding 4 hours) so occupied on the day of the accident. The employee must be reimbursed by the employer for all expenses reasonably incurred in connection with such attendance.

(h) The retirement of an employee on medical grounds must not,except with their consent,be effected earlier than the date on which their entitlements to personal leave with pay have been exhausted.

(i) If an employee is terminated by the employer and is re-engaged within a period of 2 months,the employee’s unclaimed balance of personal leave must continue from the date of re-engagement. In such a case,the employee’s next year of service will commence after a total of 12 months has been served (excluding the period of interruption in service) from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment,as the case may be.

(j) Year of service for the purposes of clause 26.4 means a 12 month period commencing from the date of the employee’s commencement of employment and from the anniversary of that date in each subsequent year.

26.5 Compassionate leave

(a) Compassionate leave is provided for in the NES.

(b) In addition to what is provided for in the NES,an employee,other than a casual employee,is entitled to an additional day paid leave on each occasion of the death of a member of the employee’s immediate family or household. For the purposes of clause 26.5,immediate family includes foster parents,step-parents and parents-in-law.

(c) Proof of death must be provided to the satisfaction of the employer,if requested.

27. Parental leave and related entitlements

27.1 Parental leave is provided for in the NES.

27.2 Entitlement to maternity leave

    An employee who becomes pregnant must,upon production to the employer of a certificate from a duly qualified medical practitioner stating the anticipated date of confinement,be entitled to maternity leave up to 52 weeks aggregate. 12 weeks of such leave must be provided on full pay.

27.3 Qualifying service for payment

    Employment in the following areas will count as qualifying service for paid maternity leave:

(a) employment with the employer;and

(b) for those employees previously employed by the Federal Airports Corporation,employment:

    (i) with that Corporation;

    (ii) under the Public Service Act 1999 (Cth);

    (iii) with a statutory authority;

    (iv) with an authority established for a public purpose by a Commonwealth statute;and

    (v) eligible Commonwealth employment or eligible public employment within the meaning of Part IV of the Public Service Act 1999 (Cth).

    An employee who accrued previous service with more than one Commonwealth body during the 12 month qualifying period will not have had any break in the continuity of their employment to enable such service to count as qualifying service for paid maternity leave.
    Continuity of such qualifying service will not be broken by approved leave without pay.

28. Community service leave

Community service leave is provided for in the NES.

29. Special leave

29.1 Paid

    At the discretion of the employer,an employee may be granted special paid leave to a maximum of 3 days to respond to any occasion of a personal or domestic occurrence or series of events that could not reasonably have been anticipated,provided that no other type of leave is available or the employee does not have sufficient existing leave entitlements. Leave so granted must be recognised as service for all purposes.

29.2 Unpaid

(a) At the discretion of the employer,an employee may be granted leave without pay for a maximum period of 12 months to respond to a personal or domestic occurrence or series of events that could not reasonably have been anticipated.

(b) The period of leave must count as service for all purposes,provided that it is not in excess of 22 working days.

(c) Where leave without pay is in excess of 22 working days,the whole absence will not count as service for annual leave,personal/carer’s leave,long service leave or annual leave loading accrual purposes.

30. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances,evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service,a court or family violence support service,or a statutory declaration.

31. Public holidays and Sunday work

31.1 Public holidays are provided for in the NES.

31.2 Payment for time worked by shiftworkers on a public holiday

(a) A shiftworker who,by the arrangement of their ordinary hours of work under clause 17Ordinary hours of work and rostering—shiftworkers,is required to work on both:

    (i) a day which originally would have been a holiday;and

    (ii) the day to be observed as a substitute day,

      must either be granted an alternative holiday to that prescribed or paid at the rate prescribed by clause 24.4(a)(iii).

(b) A part-time employee rostered to work on a day which originally would have been a holiday will either:

    (i) observe that rostered day as a holiday without loss of pay;or

    (ii) work on that rostered day at the rates specified by clauses 24.3 or 24.4 (as appropriate) and be granted an alternative holiday,to be taken within a fortnight,as agreed between the employer and the employee concerned.

31.3 Substitution

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

31.4 Payment for work on public holidays

    Except as provided in clause 24.4(b),an employee,including a casual employee,not engaged on continuous work must be paid 250% of the minimum hourly rate for work on a public holiday until the employee is relieved from duty.

31.5 Payment for work on Sundays

    Except as provided in clause 24.4(b),an employee not engaged on continuous work must be paid 200% of the minimum hourly rate for work done on Sundays,until the employee is relieved from duty.

31.6 Minimum payment

    Employees required to work on a Sunday or a public holiday must be paid for a minimum of 3 hours’work.

31.7 Rest period

    An employee,other than a casual employee,not engaged in continuous work who works on a Sunday or a public holiday and (except for meal breaks) immediately thereafter continues such work,will on being relieved from duty be entitled to be absent until the employee has had 8 consecutive hours off duty,exclusive of reasonable travelling time,without deduction of pay for ordinary time involved.

31.8 Rostered day off falling on public holiday

(a) An employee who,by the arrangement of their ordinary hours of work,is entitled to a rostered day off which falls on a holiday prescribed by clause 31.8 must,where practicable,observe the holiday and be granted an alternative rostered day off.

(b) Where it is not practicable to grant an alternative rostered day off or by agreement between the employer and the employee,the employee must be paid for 7 hours 36 minutes at the minimum hourly rate in addition to payment for the public holiday.

(c) Entitlement to extra payment will not arise under clause 31.8 for employees whose wage is in excess of the maximum rate for an Administrative services officer Level 5.

31.9 Part-day public holidays

Part 7—Consultation and Dispute Resolution

32. Consultation about major workplace change

32.1 If an employer makes a definite decision to make major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any);and

(b) discuss with affected employees and their representatives (if any):

    (i) the introduction of the changes;and

    (ii) their likely effect on employees;and

    (iii) measures to avoid or reduce the adverse effects of the changes on employees;and

(c) commence discussions as soon as practicable after a definite decision has been made.

32.2 For the purposes of the discussion under clause 32.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature;and

(b) their expected effect on employees;and

(c) any other matters likely to affect employees.

32.3 Clause 32.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

32.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 32.1(b).

32.5 In clause 32 significant effects,on employees,includes any of the following:

(a) termination of employment;or

(b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or

(c) loss of,or reduction in,job or promotion opportunities;or

(d) loss of,or reduction in,job tenure;or

(e) alteration of hours of work;or

(f) the need for employees to be retrained or transferred to other work or locations;or

(g) job restructuring.

32.6 Where this award makes provision for alteration of any of the matters defined at clause 32.5,such alteration is taken not to have significant effect.

33. Consultation about changes to rosters or hours of work

33.1 Clause 33 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

33.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

33.3 For the purpose of the consultation,the employer must:

(a) provide to the employees and representatives mentioned in clause 33.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

33.4 The employer must consider any views given under clause 33.3(b).

33.5 Clause 33 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

34. Dispute resolution

34.1 Clause 34 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

34.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

34.3 If the dispute is not resolved through discussion as mentioned in clause 34.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

34.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 34.2 and 34.3,a party to the dispute may refer it to the Fair Work Commission.

34.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute,including mediation,conciliation and consent arbitration.

34.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

34.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 34.

34.8 While procedures are being followed under clause 34 in relation to a dispute:

(a) work must continue in accordance with this award and the Act;and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

34.9 Clause 34.8 is subject to any applicable work health and safety legislation.

35. Dispute resolution procedure training leave

35.1 An employee representative must be granted leave of absence with pay to undertake training,on condition that:

(a) the content of the training will enhance the representative’s role in dispute resolution,consistent with the procedures of clause 34Dispute resolution;

(b) the airport’s operating requirements permit the grant of leave;

(c) payment for the leave will not include shift and penalty payments or overtime;and

(d) the leave will count as service for all purposes.

Part 8—Termination of Employment and Redundancy

36. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

36.1 Notice of termination by an employee

(a) Clause 36.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

      Table 1—Period of notice

    Column 1
    Employee’s period of continuous service with the employer at the end of the day the notice is given

    Column 2
    Period of notice

    Not more than 1 year

    1 week

    More than 1 year but not more than 3 years

    2 weeks

    More than 3 years but not more than 5 years

    3 weeks

    More than 5 years

    4 weeks

      NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c) In clause 36.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 36.1(b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 36.1(b),then no deduction can be made under clause 36.1(d).

(f) Any deduction made under clause 36.1(d) must not be unreasonable in the circumstances.

36.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee,the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 36.2 is to be taken at times that are convenient to the employee after consultation with the employer.

37. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

37.1 Transfer to lower paid duties on redundancy

(a) Clause 37.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

    (i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer;or

    (ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer,provided that the employer pays the employee as set out in clause 37.1(c).

(c) If the employer acts as mentioned in clause 37.1(b)(ii),the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances,shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role,and the ordinary rate of pay (also inclusive of all-purpose allowances,shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

37.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 37 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However,the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

37.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy,the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 37.3(a),the employee must,at the request of the employer,produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 37.3(b).

(d) An employee who fails to produce proof when required under clause 37.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 36.2.

Schedule A—Skill Level Descriptions
A.1 Technical services officers
A.1.1 Technical services assistant

    An employee who provides assistance to Technical services officer(s) (any grade) and works under their guidance.

A.1.2 Technical services officer Level 1

    (a) An employee who:

      (i) holds a trade certificate or a tradesperson’s rights certificate in a recognised electrical,electronic,mechanical,fabrication or other trade;
      (ii) is able to exercise the skills of that trade with close guidance;
      (iii) can perform straightforward tasks and processes of a trade standard with guidance and complete the straightforward task or process as assigned;or
      (iv) can facilitate the completion of a whole straightforward task or process up to their level of competency.

A.1.3 Technical services officer Level 2

    An employee holding qualifications as for Level 1 but who in addition:
    (a) has a minimum 12 months experience in airports or equivalent;and
    (b) who can exercise the skills of more than that trade;such skills could include:

      (i) air conditioning;
      (ii) airbridges;
      (iii) furnaces;or
      (iv) working direct from plans.

A.1.4 Technical services officer Level 3

    (a) An employee who:

      (i) exercises skills beyond that of a Level 2;
      (ii) is either in possession of a post trades certificate or equivalent;or
      (iii) exercises such a level of skill.

    (b) Examples of duties undertaken:

      (i) Set up and operate moderately complex maintenance equipment.
      (ii) Work with limited guidance as necessary or supervise a small team of tradespersons on a straightforward task or process.
      (iii) Exercise a level of multi-skilling beyond that of a Technical services officer Level 2.
      (iv) Assist in the drawing of plans or work of a technical nature in planning or other disciplines,with guidance of technical staff.
      (v) Provide training to Technical services officers Level 1 or others in basic systems,as appropriate to their level of expertise.

A.1.5 Technical services officer Level 4

    (a) An employee who:

      (i) exercises skills beyond that of a Technical services officer Level 3;and
      (ii) has either completed the first year of an Advanced Certificate (part-time) or equivalent;or
      (iii) exercises such a level of skill;and
      (iv) undertakes straightforward tasks with guidance.

    (b) Examples of duties undertaken:

      (i) Perform work requiring originality of thought and exercise of judgment and skill,with guidance from technical or professional staff.
      (ii) Work on complex electrical/electronic or fluid power systems.
      (iii) Work on Computer Aided Design and Drafting (CADD) terminals to an intermediate level of skill,and perform straightforward modifications to programs.
      (iv) Supervise a mixed team of tradespersons and others in the exercise of their skills.
      (v) Work in isolation from others (consistent with health and safety requirements) on complex equipment or from general plans.
      (vi) Train others in problem solving in particular pieces of equipment.
      (vii) Prepare briefs and working sketches for minor works.
      (viii) Investigate technical requirements for airport departments.

A.1.6 Technical services officer Level 5

    (a) An employee who:

      (i) exercises the skills of a Technical services officer Level 4;and
      (ii) has either completed an Advanced Certificate or equivalent;or
      (iii) exercises such a level of skill.

A.1.7 Technical services officer Level 6

    (a) An employee who:

      (i) exercises skills beyond that of a Technical services officer Level 5;and
      (ii) has completed the third year of an Associate Diploma or equivalent;or
      (iii) exercises such a level of skills;and
      (iv) undertakes moderately complex tasks with limited guidance.

    (b) Examples of duties undertaken:

      (i) Undertakes moderately complex tasks or processes in:

        •design,project planning or development;
        •utilisation of computer-based equipment for data acquisition and manipulation;
        •installation,testing,measurement,investigation or trial of facilities;
        •estimating and/or specifications;
        •utilisation of computers to develop and prepare data and/or drawings;
        •utilisation of computers for fault diagnostics and control within their own generic stream;and
        •supervision and planning.

      (ii) Liaise with contractors and other groups.
      (iii) Sound working knowledge of Aerodrome Operational and Safety Procedures.
      (iv) Prepare or amend technical data for handbooks,manuals or instructions.
      (v) May exercise limited supervision over subordinate staff.

A.1.8 Technical services officer Level 7

    (a) Due to the difference in management structure and scale of operation at each airport,the mix of duties and responsibilities for Technical services officer Level 7 positions may vary and,as such,are to be defined on a site-by-site basis.

      The duties and responsibilities of a Technical services officer Level 7 can be separated into 2 categories:
      (i) Management;and
      (ii) Technical.
      A Technical services officer Level 7 position may require the exercising of duties from one or both of these categories.

    (b) An employee who:

      (i) exercises skills beyond that of a Technical services officer Level 6;and
      (ii) has completed an Associate Diploma or equivalent and/or is competent and exercises such a level of skill.

    (c) Examples of duties undertaken:

      (i) Management

        •Exercises management skills,with limited corporate impact.
        •Supervises and plans for the work of a group.

      (ii) Technical

        •Provides technical guidance/advice to own work group.
        •Provides technical advice to other work groups and organisations.
        •Undertakes very complex duties with limited guidance involving planning,designing,organising or controlling particular processes/functions.
        •Inspects the work of contractors to ensure completion and compliance with relevant standards.
        •Directs a moderately complex maintenance program.
        •Performs detailed design work from the concept phase.
        •Writes technical instructions and procedures.
        •Collates and prepares information for design briefs.
        •Possesses computer skills appropriate to duties.
        •Develops and controls quality assurance programs,e.g. inspection program and project planning.

A.1.9 Technical services officer Level 8

    (a) Entry to the Technical services officer Level 8 classification can occur where an employee is required to:

      •exercise skills and responsibilities beyond that of a Technical services officer Level 7;
      •has completed an Associate Diploma or equivalent and/or is competent and exercises such a level of skill;and
      •has successfully completed at least an additional 3 modules of accredited training at or beyond Associate Diploma level or equivalent and/or is competent and exercises such a level of skill.

    (b) Examples of duties undertaken:

      (i) Management

        •A module or modules in contract engineering management.
        •A module or modules in supervision.
        •A module or modules in airport-identified management/supervisor development.
        •A module or modules in quality management.

      (ii) Technical

        •A module or modules in data and communication networks,e.g. Local Area Network (LAN).
        •A module or modules in electronic systems,e.g. security door locking systems—system configuration.
        •A module or modules in thermal engineering/refrigeration,e.g. building services—control systems.
        •A module or modules in power distribution,e.g. high voltage (HV) protection systems.
        •A module or modules in civil design.
        •A module or modules in project management.
        •A module or modules in health surveying.
        •A module or modules in application of building code.
        •A module or modules in specification writing.
        •A module or modules in quantities and estimates.
        •A module or modules in computer aided drafting and design.

A.1.10 Technical services officer Level 9

    (a) An employee who:

      (i) exercises skills beyond that of a Technical services officer Level 8;and
      (ii) has completed the fifth year (part-time) of a Diploma or equivalent;or
      (iii) exercises such a level of skill.

    (b) An employee should receive appropriate and relevant management training.
    (c) Example of duties undertaken:

      (i) Exercise management skills,with moderate corporate impact.
      (ii) Provide technical guidance on very complex work.
      (iii) Supervise and plan project work from the conceptual stage.
      (iv) Undertake work of a very complex nature,within broad guidelines.
      (v) Create detailed design criteria.
      (vi) Direct others in the preparation of technical data of handbooks,manuals or instructions.
      (vii) Prepare section budgetary estimates for manager(s).
      (viii) Deal with contractors and consultants on more complex matters.
      (ix) Conduct inspections during major works.
      (x) Have an understanding of personnel,work health and safety and industrial relations matters and be able to act in accordance with relevant policies and procedures.
      (xi) Approve project and maintenance items.
      (xii) Recommend cash payment for project (new work and maintenance items).
      (xiii) Possess computer skills appropriate to duties.

A.1.11 Technical services officer Level 10

    (a) An employee who:

      (i) exercises skills beyond that of Technical services officer Level 9;and
      (ii) has completed a Diploma or equivalent;or
      (iii) exercises such a level of skill.

    (b) Examples of duties undertaken:

      (i) Manage areas of airport operations,with high corporate impact.
      (ii) Manage major projects from the conceptual stage,within conceptual guidelines.
      (iii) Direct the conduct of major works.
      (iv) Provide technical guidance and advice to all levels of management.
      (v) Manage major functions at an airport.
      (vi) Provide operational and technical policy advice to corporate management.

A.2 Administrative services officers
A.2.1 Administrative services officer Level 1

    Positions at this level require the application of skills involving clerical or operating tasks which are performed with close guidance using established routines,methods and procedures. This requires the application of straightforward procedures,office skills and practices,including but not being limited to:

      •providing reception services;
      •straightforward operation of keyboard equipment;
      •mail procedures;
      •filing;
      •photocopying;
      •collating;
      •collecting and distributing;
      •carrying out routine checks by simple comparisons;
      •simple coding;
      •obtaining or providing information about straightforward matters and routine user maintenance of office equipment;and
      •handling of money.

    More experienced staff may be required to:

      •follow and demonstrate an understanding of regulations,instructions and procedures;
      •exercise initiative,within the scope of the job;
      •assist new staff and provide guidance,advice and job training;and
      •undertake secretarial duties.

A.2.2 Administrative services officer Level 2

    Positions at this level require the application of skills involved in clerical or administrative procedures performed with guidance. They require relevant experience combined with a broad understanding of the employer’s functions and a sound knowledge of the major activities performed within the work area. This is the first level which may contain moderately complex operational work and at which employees may assist with or review work undertaken by other employees.
    Situations faced may be moderately complex yet broadly similar to past experiences. Solutions generally can be found in documented precedents or in regulations,procedures and instructions,although these may require some interpretation and application of judgment. There is scope for the exercise of initiative in application of established work practices and procedures.
    Decisions made and discretion exercised are normally of limited procedural or administrative impact.
    Primary processes at this level may include:

      •preparation of routine correspondence and minutes;
      •data maintenance;
      •administrative support;
      •liaison with other organisations and customers;and
      •secretarial/personal assistant.

A.2.3 Administrative services officer Level 3

    Positions at this level operate with guidance within established work practices. Such work requires a thorough knowledge of program,process,policy or service aspects of the work performed within a functional element or a number of work areas.
    This is the first level where tertiary qualifications may be required or desirable.
    Primary processes at this level may include:

      •provision of administrative support of a more complex nature than Level 2;
      •the collection and analysis of data;
      •the preparation of correspondence,reports and submissions including findings and recommendations;
      •liaison with external organisations;and
      •negotiations.

    Positions at this level may have supervisory responsibilities over employees undertaking a variety of tasks or activities.

A.2.4 Administrative services officer Level 4

    Positions at this level operate with limited guidance in relation to established priorities and work practices.
    Their responsibilities have limited corporate impact in terms of the employer’s objectives.
    Work may involve specialist subject matter of a professional,technical,project,procedural,or processing nature or a combination of these processes.
    Primary processes at this level may include:

      •preparation of very complex correspondence;
      •preparation of procedural guidelines;
      •provision of moderately complex information or interpretive guidance;
      •exercising specific responsibilities;
      •co-ordination;
      •setting of priorities;
      •monitoring the work of employees;and
      •negotiations.

A.2.5 Administrative services officer Level 5

    Positions at this level may undertake the management of a program or process of moderate corporate impact with limited guidance. Subordinate positions may include staff in technical,grounds or professional roles.
    The primary processes at this level may include:

      •moderate management responsibility for the operation of a discrete organisational element with limited guidance;
      •supervising the operations of an organisational element of a larger department;and
      •provision of very complex technical or professional advice.

    Positions at this level would be expected to exercise limited management responsibility and set priorities and achieve objectives,monitor work flow and manage resources to meet objectives.

A.2.6 Administrative services officer Level 6

    Positions at this level usually manage the operations of an organisational element or undertake a management function or provide administrative,technical or professional support within broad guidelines.
    Such functions have direct significance for achievement of objectives of moderate corporate impact. Subordinate positions may include staff in technical,grounds and professional structures.
    The primary processes at this level may include:

      •providing subject matter expertise or policy advice across a range of programs or activities;
      •liaison with other elements of the organisation,government/agencies,interests and community organisations;
      •representing the employer at meetings,conferences and seminars;and
      •budgeting and budget control.

    At this level,supervision of staff may involve the exercise of technical or professional skill or judgment.

A.2.7 Administrative services officer Level 7

    Positions at this level have high management responsibility over an organisation element and operate within conceptual guidelines and/or under the broad direction of a senior executive or fulfil a specialist role. Individuals have significant scope to exercise discretion in the day-to-day pursuit of objectives of moderate to high corporate impact.
    Primary processes at this level may include:

      •the initiation,development,implementation and review of policy and procedures;
      •management of key program(s) or processes;
      •provision of high level specialist advice;
      •representing the employer’s interest on specific issues at meetings,seminars or conferences;and
      •liaison with government/agencies,industry bodies and organisations,including the provision of information on programs,processes or projects.

    Work at this level requires the application of considerable professional or management knowledge or experience significantly in excess of Level 6 requirements.

A.3 Ground services officers
A.3.1 Ground services officer Level 1

    Employees perform a broad range of tasks with close guidance,using established routines,methods and procedures which require the application of basic skills.
    A driver’s licence is required for employment at this level.
    This is the entry level. Initially tasks performed are of a simple/routine nature under close guidance.
    (a) Typical Level 1 duties:

      (i) General labouring

        •including in support of other skills.

      (ii) Garbage collection

        •collect garbage within airport grounds and dispose of same.

      (iii) Cleaning

        •perform minor cleaning functions,excluding domestic cleaning.

      (iv) Traffic duties

        •perform general traffic control duties as directed.

    (b) Typical equipment and machinery used at Level 1:

      •all hand-held tools;
      •powered post-hole digger;
      •hand-held lawn mowers;
      •concrete saw;
      •vibrating plate;
      •footpath sweeper;
      •concrete and asphalt saw;
      •tractors;
      •multi-tyred roller;
      •a line-marker;
      •chain saw;
      •truck over 3 tonne;
      •water and chemical tanker;and
      •wheeled tractor over 75 kW power.

A.3.2 Ground services officer Level 2

    Employment at this level requires an employee to be proficient in Level 1 and 2 duties as specified by local agreement.
    (a) Typical Level 2 duties:

      (i) Traffic management

        •Control traffic as per airport by-laws.
        •Conduct patrols.
        •Issue infringement notices.

      (ii) Painting

        •Including but not limited to taxiway,runway and apron marking,gables,cones,gates and signs.
        •Excluding buildings and signwriting.

      (iii) Security

        •General surveillance (comprising both patrols of airport and routine observation of events and conditions) and prompt,accurate reporting of situations as appropriate to fellow employees and supervisors and other relevant parties.
        •Basic airport security training course,including knowledge of airport security plan procedures and guidelines.
        •Control and operate surveillance monitoring systems for car parks,gates,aprons,public areas,etc.
        •Report all security incidents.

      (iv) Mowing

        •Carry out mowing in landside and airside areas (ride-on mower,not tractor).

      (v) Concrete work

        •Including simple formwork,mixing,laying and finishing.

      (vi) Herbicide

        •Carry out application of herbicides.

      (vii) Aerodrome emergency procedures

        •Participate in emergency exercises.

      (viii) Radio procedures

        •Proficiency in operational and non-operational radio procedures consistent with the most efficient completion of duties at Level 2.

      (ix) General

        •Liaise with other employees on duty.
        •Assist/direct general public and other airport users.
        •Project a good image for the employer.

A.3.3 Ground services officer Level 3

    Employment at this level requires an employee to be proficient in Level 1–3 duties as specified by local agreement.
    (a) Typical Level 3 duties:

      (i) Asphalt pavement work

        •Repair and maintenance of existing surfaces.

      (ii) Maintenance and limited repair of a range of relevant equipment,including but not limited to plant,gates,fences,pipework,hoses,not requiring trade qualifications.

        •Report equipment failures or deficiencies.

      (iii) Security

        •Patrol of airside/landside security barriers.
        •Surveillance of airside/landside barriers.
        •Control airside access and egress.
        •Patrol all airport buildings and facilities to ensure security is maintained.
        •Apron escorts as appropriate in the local context.

      (iv) Tractors

        •Operate tractors with attachments landside and airside under safety supervision.

A.3.4 Ground services officer Level 4

    Employment at this level requires an employee to be proficient in Level 1–4 duties as specified by local agreement.
    (a) Typical Level 4 duties:

      (i) Security

        •During security incidents liaise with and provide back up as required both to other employees and to relevant parties as advised locally.
        •Advanced security training required.

      (ii) Earthmoving and general

        •Proficient in the operation of a wide range of general plant and equipment.
        •Does not require safety supervision when operating airside,consistent with the most efficient completion of duties at Level 4.

      (iii) Airport lighting

        •In the absence of alternate maintenance arrangements,carry out routine low voltage lamp and lens replacement.

      (iv) Training

        •Assist with training of less experienced staff.

A.3.5 Ground services officer Level 5

    Work is generally performed with guidance.
    Employment at this level requires proficiency in duties at Levels 1–5 as specified by local agreement.
    (a) Typical level 5 duties:

      •Supervision and training of Levels 1–4 employees.
      •Utilising a level of accredited safety skills.
      •More complex operational work.
      •Operation of heavy plant and equipment,and sewerage treatment plant.
      •Levels 1–5 duties.
      •Assist in the execution of Airport works programs.
      •Incidental escorts and minor contract supervision.
      •Leading hand(s) supervisory duties.

    (b) Typical equipment and machinery used at Level 5:

      •Fork-lift.
      •Front end loader/backhoe.
      •Grader.
      •Runway sweeper.
      •Dozer.

A.3.6 Ground services officer level 6

    Employment at this level requires an employee to be proficient in duties ranging to and including Level 6 duties as specified by local agreement.
    (a) Typical Level 6 duties:

      •Prepare and report on activities.
      •Conduct bird counts.
      •Overseeing of ground running of aircraft.
      •Arrange and assist with removal of fuel and oil spills.
      •Conduct surveys of minor nature (e.g. set out level grids,maintain design levels during civil construction works,set out simple curves).
      •Be able to read and interpret plans for services and civil construction work.
      •Have a good working knowledge of rules,regulations pertaining to work duties (e.g. RPA’s,airport technical manual,Civil Aviation Orders (CAO’s) and Work Health and Safety (WH&S)).
      •Prepare correspondence,reports and records on matters relating to general maintenance.
      •Develop and implement the airport maintenance program and determine work priorities and allocation of staff and equipment resources on Group 2 and 3 airports.
      •Control of Method of work plans (MOWPs) of minor complexity.
      •Liaison with air traffic services,airport users and contractors.

A.3.7 Ground services officer Level 7

    Employment at this level requires an employee to be proficient in duties ranging and including Level 7 duties as specified by local agreement.
    (a) Typical Level 7 duties:

      •Airport safety inspection,removal of obstacles,dispersal of birds,escort duties,monitor airside contractor movement.
      •Raising of Notice to Airmen (NOTAMS) (countersigned if applicable).
      •Liaison,co-ordination and direction in relation to method of work plan.
      •Perform runway visual range assessments.
      •Investigate and act on bird hazards.
      •Marshalling of aircraft.
      •Be proficient in procedures and participate in airport emergency procedures and exercises as required.
      •Co-ordination of airside safety and security in the event of an emergency.
      •Monitor aircraft parking.
      •Assist in the administration of airport ground and building maintenance work programs,determine job priorities and the composition of maintenance units required for specific tasks.
      •Exercise delegations.
      •Develop and implement the airport maintenance program and determine work priorities and allocation of staff and equipment resources accordingly.
      •Opportunity must be provided for employees to undertake further training in appropriate Level 8 duties and to commence studies for a supervision certificate or equivalent.

A.3.8 Ground services officer Level 8

    Classification at this level can only occur with the specific approval of the general manager concerned.
    The level has restricted application to individuals who exercise skills and/or responsibility which significantly exceed those at Level 7 but which are not sufficient to support reclassification to Level 9.
    Typical duties would include any of the duties in the Level 7 range but would be likely to include a significantly higher level of responsibility associated with working alone and for liaison with clients on behalf of the employer.

A.3.9 Ground services officer Level 9

    Employees at this level exercise a high degree of knowledge and skill in performing their duties and have supervisory and training responsibilities for staff employed at Levels 1–8.
    Following conventional selection based on merit,appointment to a position at this level will require approval of the airport manager or general manager. Appointees will have commenced or completed studies for appropriate accreditation in supervisory skills or will exercise an equivalent level of skill and be proficient in lower level duties as specified by local agreement.
    Typical Level 9 duties:

      •Supervising and training Levels 1–8 staff.
      •Liaison with Air Traffic Services,airport users and contractors.
      •Responsible for security and safety of airside areas.
      •Responsible for co-ordination in the event of emergency.

A.3.10 Ground services officer Level 10

    Employment at this level requires an employee to be proficient in lower level duties as specified by local agreement and to have successfully completed supervisory or equivalent studies or to exercise an equivalent level of skill.

A.3.11 Ground services officer Level 11

    Employment at this level requires an employee to exercise skills beyond that of a Ground services officer Level 10 and have completed the first stage of an Advanced Certificate (part-time) or its equivalent or to exercise an equivalent level of skill.
    Typical Level 11 duties:
    •Raise NOTAMS.
    •Ensure airside contractors are supervised at all times.
    •Notify all changes in serviceability of the airport.
    •Prepare input for budgeting.
    •Staff rostering.
    •Provide input to monthly reports.
    •Investigate security breaches including liaison with local authorities.

A.4 Professional Engineers

    NOTE:A Professional engineer is an employee who possesses professional engineering qualifications
    Professional Engineering Qualifications means qualifications that are recognised for membership of the Institution of Engineers Australia and will include such other qualifications as may be recognised by the employer.

A.4.1 Professional engineer Level 1

    This is the Qualified engineer level. Under professional engineering supervision as to method of approach and requirements,performs normal engineering work and exercises individual judgment and initiative in the application of engineering principles,techniques and methods. Beginning as a Qualified Engineer,requires decreasing supervision and exercises increasing professional judgment to the level of Experienced Engineer. Essentially a performer of tasks but may control small projects and supervise technical and other personnel,but not engineers.

A.4.2 Professional engineer Level 2

    This is the engineer level where individuals perform normal engineering work under general direction,accepting technical responsibility for tasks,but with access to professional guidance. With experience and acquisition of mature judgment,the engineer performs professional engineering work which is novel,complex or critical,under board professional supervision and direction,thus achieving the professional autonomy phase of professional engineering. Recommendations are therefore usually accepted as technically accurate and feasible but may be reviewed for soundness of judgment.

A.4.3 Professional engineer Level 3

    At this level,the engineer may perform some of the duties of a managing engineer or specialist engineer under general guidance,but work is more supervisory than managerial and more tactical than strategic and the depth of expertise is usually no more than that expected of an engineer who has reached professional autonomy. As a team or project leader,may supervise and co-ordinate the work of engineers (not necessarily in the same discipline) and other personnel.
    NOTE: Engineers at the top end of this level may be referred to as managing engineer or specialist engineer,as work accrues a more managerial and strategic content with involvement in policy formulation and advice to senior levels of management.

A.4.4 Professional engineer Level 4

    Under broad policy control and direction,is a senior engineer practitioner or a managing engineer or a specialist engineer. Positions may encompass features of the managing engineer role with one of the other roles. Features of work include required comprehensive knowledge of policies,significant professional decision-making responsibility,provision of advice not usually subject to technical review and the absence of general guidance. Work is assigned in terms of broad objectives to be accomplished and is reviewed against policy and for soundness of general approach.
    Considerations such as size,complexity of the work and the scope of managerial responsibility differentiate Levels 4 and 5.

A.4.5 Professional engineer Level 5

    Under broad policy control and direction,is a senior engineer practitioner or a managing engineer or an engineer with recognised pre-eminent industry knowledge.
    Positions can encompass features of the managing engineer role with one of the other roles.
    Features of work include required comprehensive knowledge,ability to identify policy needs and formulate proposals,very significant professional decision-making responsibility and provision of advice at a level generally beyond the scope of Level 4,including advice or guidance on projects which have very significant corporate impact.
    There is an absence of general guidance and work is monitored against broad objectives. Considerations such as size,complexity of the work and the scope of managerial responsibility differentiate Levels 4 and 5.

Schedule B—Summary of Hourly Rates of Pay
B.1 Full-time and part-time employees
B.1.1 Technical services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

200%

250%

 

$

$

$

$

$

$

Technical services assistant

21.83

25.10

28.38

32.75

43.66

54.58

Technical services officer Level 1

22.69

26.09

29.50

34.04

45.38

56.73

Technical services officer Level 2

23.49

27.01

30.54

35.24

46.98

58.73

Technical services officer Level 3

25.01

28.76

32.51

37.52

50.02

62.53

Technical services officer Level 4

26.50

30.48

34.45

39.75

53.00

66.25

Technical services officer Level 5

27.11

31.18

35.24

40.67

54.22

67.78

Technical services officer Level 6

27.90

32.09

36.27

41.85

55.80

69.75

Technical services officer Level 7

29.43

33.84

38.26

44.15

58.86

73.58

Technical services officer Level 8

30.22

34.75

39.29

45.33

60.44

75.55

Technical services officer Level 9

32.61

37.50

42.39

48.92

65.22

81.53

Technical services officer Level 10

35.00

40.25

45.50

52.50

70.00

87.50

1 When the Saturday falls on 25 December,200% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December,250% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.1.2 Technical services adult employees other than shiftworkers—overtime rates

     

    Monday to Saturday

    Sunday

     

    First 3 hours

    After first 3 hours

    All hours worked

     

    % of minimum hourly rate

     

    150%

    200%

    200%

     

    $

    $

    $

    Technical services assistant

    32.75

    43.66

    43.66

    Technical services officer Level 1

    34.04

    45.38

    45.38

    Technical services officer Level 2

    35.24

    46.98

    46.98

    Technical services officer Level 3

    37.52

    50.02

    50.02

    Technical services officer Level 4

    39.75

    53.00

    53.00

    Technical services officer Level 5

    40.67

    54.22

    54.22

    Technical services officer Level 6

    41.85

    55.80

    55.80

    Technical services officer Level 7

    44.15

    58.86

    58.86

    Technical services officer Level 8

    45.33

    60.44

    60.44

    Technical services officer Level 9

    48.92

    65.22

    65.22

    Technical services officer Level 10

    *

    *

    *

    *NOTE: In accordance with clause 23.4,employees paid at or above the rate for Administrative services officer Level 6 are only entitled to receive overtime payment at the discretion of the employer.

B.1.3 Technical services adult shiftworker—overtime rates

     

    Monday to Friday

    Saturday and Sunday

     

    First 3 hours

    After first 3 hours

    All hours worked

     

    % of minimum hourly rate

     

    150%

    200%

    200%

     

    $

    $

    $

    Technical services assistant

    32.75

    43.66

    43.66

    Technical services officer Level 1

    34.04

    45.38

    45.38

    Technical services officer Level 2

    35.24

    46.98

    46.98

    Technical services officer Level 3

    37.52

    50.02

    50.02

    Technical services officer Level 4

    39.75

    53.00

    53.00

    Technical services officer Level 5

    40.67

    54.22

    54.22

    Technical services officer Level 6

    41.85

    55.80

    55.80

    Technical services officer Level 7

    44.15

    58.86

    58.86

    Technical services officer Level 8

    45.33

    60.44

    60.44

    Technical services officer Level 9

    48.92

    65.22

    65.22

    Technical services officer Level 10

    *

    *

    *

    *NOTE: In accordance with clause 23.4,employees paid at or above the rate for Administrative services officer Level 6 are only entitled to receive overtime payment at the discretion of the employer.

B.1.4 Administrative services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

200%

250%

 

$

$

$

$

$

$

Administrative services officer Level 1

21.35

24.55

27.76

32.03

42.70

53.38

Administrative services officer Level 2

24.13

27.75

31.37

36.20

48.26

60.33

Administrative services officer Level 3

26.34

30.29

34.24

39.51

52.68

65.85

Administrative services officer Level 4

28.34

32.59

36.84

42.51

56.68

70.85

Administrative services officer Level 5

30.89

35.52

40.16

46.34

61.78

77.23

Administrative services officer Level 6

34.26

39.40

44.54

51.39

68.52

85.65

Administrative services officer Level 7

36.93

42.47

48.01

55.40

73.86

92.33

1 When the Saturday falls on 25 December,200% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December,250% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.1.5 Administrative services adult employees other than shiftworkers—overtime rates

     

    Monday to Saturday

    Sunday

     

    First 3 hours

    After first 3 hours

    All hours worked

     

    % of minimum hourly rate

     

    150%

    200%

    200%

     

    $

    $

    $

    Administrative services officer Level 1

    32.03

    42.70

    42.70

    Administrative services officer Level 2

    36.20

    48.26

    48.26

    Administrative services officer Level 3

    39.51

    52.68

    52.68

    Administrative services officer Level 4

    42.51

    56.68

    56.68

    Administrative services officer Level 5

    46.34

    61.78

    61.78

    Administrative services officer Level 6

    *

    *

    *

    Administrative services officer Level 7

    *

    *

    *

    *NOTE: In accordance with clause 23.4,employees paid at or above the rate for Administrative services officer Level 6 are only entitled to receive overtime payment at the discretion of the employer.

B.1.6 Administrative services adult shiftworkers—overtime rates

     

    Monday to Friday

    Saturday and Sunday

     

    First 3 hours

    After first 3 hours

    All hours worked

     

    % of minimum hourly rate

     

    150%

    200%

    200%

     

    $

    $

    $

    Administrative services officer Level 1

    32.03

    42.70

    42.70

    Administrative services officer Level 2

    36.20

    48.26

    48.26

    Administrative services officer Level 3

    39.51

    52.68

    52.68

    Administrative services officer Level 4

    42.51

    56.68

    56.68

    Administrative services officer Level 5

    46.34

    61.78

    61.78

    Administrative services officer Level 6

    *

    *

    *

    Administrative services officer Level 7

    *

    *

    *

    *NOTE: In accordance with clause 23.4,employees paid at or above the rate for Administrative services officer Level 6 are only entitled to receive overtime payment at the discretion of the employer.

B.1.7 Ground services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

200%

250%

 

$

$

$

$

$

$

Ground services officer Level 1

20.24

23.28

26.31

30.36

40.48

50.60

Ground services officer Level 2

20.72

23.83

26.94

31.08

41.44

51.80

Ground services officer Level 3

21.19

24.37

27.55

31.79

42.38

52.98

Ground services officer Level 4

21.83

25.10

28.38

32.75

43.66

54.58

Ground services officer Level 5

22.69

26.09

29.50

34.04

45.38

56.73

Ground services officer Level 6

23.49

27.01

30.54

35.24

46.98

58.73

Ground services officer Level 7

24.22

27.85

31.49

36.33

48.44

60.55

Ground services officer Level 8

24.69

28.39

32.10

37.04

49.38

61.73

Ground services officer Level 9

25.01

28.76

32.51

37.52

50.02

62.53

Ground services officer Level 10

25.33

29.13

32.93

38.00

50.66

63.33

Ground services officer Level 11

25.81

29.68

33.55

38.72

51.62

64.53

1 When the Saturday falls on 25 December,200% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December,250% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.1.8 Ground services adult employees other than shiftworkers—overtime rates

     

    Monday to Saturday

    Sunday

     

    First 3 hours

    After first 3 hours

    All hours worked

     

    % of minimum hourly rate

     

    150%

    200%

    200%

     

    $

    $

    $

    Ground services officer Level 1

    30.36

    40.48

    40.48

    Ground services officer Level 2

    31.08

    41.44

    41.44

    Ground services officer Level 3

    31.79

    42.38

    42.38

    Ground services officer Level 4

    32.75

    43.66

    43.66

    Ground services officer Level 5

    34.04

    45.38

    45.38

    Ground services officer Level 6

    35.24

    46.98

    46.98

    Ground services officer Level 7

    36.33

    48.44

    48.44

    Ground services officer Level 8

    37.04

    49.38

    49.38

    Ground services officer Level 9

    37.52

    50.02

    50.02

    Ground services officer Level 10

    38.00

    50.66

    50.66

    Ground services officer Level 11

    38.72

    51.62

    51.62

B.1.9 Ground services adult shiftworkers—overtime rates

     

    Monday to Friday

    Saturday and Sunday

     

    First 3 hours

    After first 3 hours

    All hours worked

     

    % of minimum hourly rate

     

    150%

    200%

    200%

     

    $

    $

    $

    Ground services officer Level 1

    30.36

    40.48

    40.48

    Ground services officer Level 2

    31.08

    41.44

    41.44

    Ground services officer Level 3

    31.79

    42.38

    42.38

    Ground services officer Level 4

    32.75

    43.66

    43.66

    Ground services officer Level 5

    34.04

    45.38

    45.38

    Ground services officer Level 6

    35.24

    46.98

    46.98

    Ground services officer Level 7

    36.33

    48.44

    48.44

    Ground services officer Level 8

    37.04

    49.38

    49.38

    Ground services officer Level 9

    37.52

    50.02

    50.02

    Ground services officer Level 10

    38.00

    50.66

    50.66

    Ground services officer Level 11

    38.72

    51.62

    51.62

B.1.10 Professional engineer adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

100%

115%

130%

150%

200%

250%

 

$

$

$

$

$

$

Professional engineer Level 1

      

—Pay point 1

28.15

32.37

36.60

42.23

56.30

70.38

—Pay point 2

29.24

33.63

38.01

43.86

58.48

73.10

—Pay point 3

30.30

34.85

39.39

45.45

60.60

75.75

Professional engineer Level 2

31.82

36.59

41.37

47.73

63.64

79.55

Professional engineer Level 3

35.00

40.25

45.50

52.50

70.00

87.50

Professional engineer Level 4

38.18

43.91

49.63

57.27

76.36

95.45

Professional engineer Level 5

42.70

49.11

55.51

64.05

85.40

106.75

1 When the Saturday falls on 25 December,200% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December,250% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.1.11 Professional engineer adult employees other than shiftworkers—overtime rates

     

    Monday to Saturday

    Sunday

     

    First 3 hours

    After first 3 hours

    All hours worked

     

    % of minimum hourly rate

     

    150%

    200%

    200%

     

    $

    $

    $

    Professional engineer Level 1

       

    —Pay point 1

    42.23

    56.30

    56.30

    —Pay point 2

    43.86

    58.48

    58.48

    —Pay point 3

    45.45

    60.60

    60.60

    Professional engineer Level 2

    47.73

    63.64

    63.64

    Professional engineer Level 3

    *

    *

    *

    Professional engineer Level 4

    *

    *

    *

    Professional engineer Level 5

    *

    *

    *

    *NOTE: In accordance with clause 23.4,employees paid at or above the rate for Administrative services officer Level 6 are only entitled to receive overtime payment at the discretion of the employer.

B.1.12 Professional engineer adult shiftworkers—overtime rates

     

    Monday to Friday

    Saturday and Sunday

     

    First 3 hours

    After first 3 hours

    All hours worked

     

    % of minimum hourly rate

     

    150%

    200%

    200%

     

    $

    $

    $

    Professional engineer Level 1

       

    —Pay point 1

    42.23

    56.30

    56.30

    —Pay point 2

    43.86

    58.48

    58.48

    —Pay point 3

    45.45

    60.60

    60.60

    Professional engineer Level 2

    47.73

    63.64

    63.64

    Professional engineer Level 3

    *

    *

    *

    Professional engineer Level 4

    *

    *

    *

    Professional engineer Level 5

    *

    *

    *

    *NOTE: In accordance with clause 23.4,employees paid at or above the rate for Administrative services officer Level 6 are only entitled to receive overtime payment at the discretion of the employer.

B.2 Casual employees
B.2.1 Casual technical services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

125%

140%

155%

175%

225%

275%

 

$

$

$

$

$

$

Technical services assistant

27.29

30.56

33.84

38.20

49.12

60.03

Technical services officer Level 1

28.36

31.77

35.17

39.71

51.05

62.40

Technical services officer Level 2

29.36

32.89

36.41

41.11

52.85

64.60

Technical services officer Level 3

31.26

35.01

38.77

43.77

56.27

68.78

Technical services officer Level 4

33.13

37.10

41.08

46.38

59.63

72.88

Technical services officer Level 5

33.89

37.95

42.02

47.44

61.00

74.55

Technical services officer Level 6

34.88

39.06

43.25

48.83

62.78

76.73

Technical services officer Level 7

36.79

41.20

45.62

51.50

66.22

80.93

Technical services officer Level 8

37.78

42.31

46.84

52.89

68.00

83.11

Technical services officer Level 9

40.76

45.65

50.55

57.07

73.37

89.68

Technical services officer Level 10

43.75

49.00

54.25

61.25

78.75

96.25

1 When the Saturday falls on 25 December,225% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December,275% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.2.2 Casual administrative services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

125%

140%

155%

175%

225%

275%

 

$

$

$

$

$

$

Administrative services officer Level 1

26.69

29.89

33.09

37.36

48.04

58.71

Administrative services officer Level 2

30.16

33.78

37.40

42.23

54.29

66.36

Administrative services officer Level 3

32.93

36.88

40.83

46.10

59.27

72.44

Administrative services officer Level 4

35.43

39.68

43.93

49.60

63.77

77.94

Administrative services officer Level 5

38.61

43.25

47.88

54.06

69.50

84.95

Administrative services officer Level 6

42.83

47.96

53.10

59.96

77.09

94.22

Administrative services officer Level 7

46.16

51.70

57.24

64.63

83.09

101.56

1 When the Saturday falls on 25 December,225% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December,275% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.2.3 Casual ground services adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

125%

140%

155%

175%

225%

275%

 

$

$

$

$

$

$

Ground services officer Level 1

25.30

28.34

31.37

35.42

45.54

55.66

Ground services officer Level 2

25.90

29.01

32.12

36.26

46.62

56.98

Ground services officer Level 3

26.49

29.67

32.84

37.08

47.68

58.27

Ground services officer Level 4

27.29

30.56

33.84

38.20

49.12

60.03

Ground services officer Level 5

28.36

31.77

35.17

39.71

51.05

62.40

Ground services officer Level 6

29.36

32.89

36.41

41.11

52.85

64.60

Ground services officer Level 7

30.28

33.91

37.54

42.39

54.50

66.61

Ground services officer Level 8

30.86

34.57

38.27

43.21

55.55

67.90

Ground services officer Level 9

31.26

35.01

38.77

43.77

56.27

68.78

Ground services officer Level 10

31.66

35.46

39.26

44.33

56.99

69.66

Ground services officer Level 11

32.26

36.13

40.01

45.17

58.07

70.98

1 When the Saturday falls on 25 December,225% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December,275% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

B.2.4 Casual professional engineer adult employees—ordinary and shiftwork penalty rates

 

Day

Night shift

Non-rotating night

Saturday1

Sunday2

Public holiday

 

% of minimum hourly rate

 

125%

140%

155%

175%

225%

275%

 

$

$

$

$

$

$

Professional engineer Level 1

      

—Pay point 1

35.19

39.41

43.63

49.26

63.34

77.41

—Pay point 2

36.55

40.94

45.32

51.17

65.79

80.41

—Pay point 3

37.88

42.42

46.97

53.03

68.18

83.33

Professional engineer Level 2

39.78

44.55

49.32

55.69

71.60

87.51

Professional engineer Level 3

43.75

49.00

54.25

61.25

78.75

96.25

Professional engineer Level 4

47.73

53.45

59.18

66.82

85.91

105.00

Professional engineer Level 5

53.38

59.78

66.19

74.73

96.08

117.43

1 When the Saturday falls on 25 December,225% of the minimum hourly rate must be paid to a shiftworker (see clause 24.3(b)).

2 When the Sunday falls on 25 December,275% of the minimum hourly rate must be paid to a shiftworker (see clause 24.4(a)(ii)).

Schedule C—Summary of Monetary Allowances

See clause 21Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances:
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2Definitions as the minimum annual rate for a Technical services officer Level 1 in clause 19.1(a) divided by 52.1666 = $862.33.

Allowance

Clause

% of standard rate

$

Payable

Disability allowance—Technical or Ground services officers

21.2(a)(i)

0.1009

0.87

per hour

Disability allowance—confined space (boiler)

21.2(a)(iii)

0.2308

1.99

per hour

Disability allowance—maximum per hour

21.2(a)(iv)

0.1508

1.30

per hour

Disability allowance—maximum per hour for confined space (boiler)

21.2(a)(iv)

0.2308

1.99

per hour

Plumbers registration allowance

21.2(b)(i)

3.9127

33.74

per week

First aid allowance

21.2(c)

2.006

17.30

per week

District allowance—employees with dependents—Alice Springs

21.2(d)(ii)

360.1533

3105.71

per annum

District allowance—employees with dependents—Darwin

21.2(d)(ii)

360.1533

3105.71

per annum

District allowance—employees with dependents—Mt Isa

21.2(d)(ii)

360.1533

3105.71

per annum

District allowance—employees with dependents—Tennant Creek

21.2(d)(ii)

717.2973

6185.47

per annum

District allowance—employees with dependents—Townsville

21.2(d)(ii)

149.4787

1289.00

per annum

District allowance—employees with dependents—Yulara

21.2(d)(ii)

360.1533

3105.71

per annum

District allowance—employees without dependents—Alice Springs

21.2(d)(ii)

196.6301

1695.60

per annum

District allowance—employees without dependents—Darwin

21.2(d)(ii)

196.6301

1695.60

per annum

District allowance—employees without dependents—Mt Isa

21.2(d)(ii)

196.6301

1695.60

per annum

District allowance—employees without dependents—Tennant Creek

21.2(d)(ii)

443.4196

3823.74

per annum

District allowance—employees without dependents—Townsville

21.2(d)(ii)

75.2415

648.83

per annum

District allowance—employees without dependents—Yulara

21.2(d)(ii)

196.630

1695.60

per annum

C.1.2 Adjustment of wage-related allowances

    Wage-related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.

C.2 Expense-related allowances
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 21.3:

    Allowance

    Clause

    $

    Payable

    Tool allowance—tradesperson—Carpenter/Plumber

    21.3(a)

    20.95

    per week

    Tool allowance—tradesperson—Electrician/Mechanic

    21.3(a)

    15.17

    per week

    Tool allowance—tradesperson—Painter

    21.3(a)

    5.17

    per week

    Travel allowance

    21.3(c)

    5.53

    per occasion

    Meal allowance

    23.10(b)

    15.29

    per occasion

C.2.2 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

    Tool allowance

    Tools and equipment for house and garden component of the household appliances,utensils and tools sub-group

    Travel allowance

    Private motoring sub-group

C.3 Other allowances

Allowance

Clause

%

Payment detail

On-call and stand-by allowance—Monday to Friday

23.7(c)(i)

7.5

% of the employee’s minimum hourly rate for each hour restricted

On-call and stand-by allowance—Saturday and Sunday

23.7(c)(ii)

10

% of the employee’s minimum hourly rate for each hour restricted

On-call and stand-by allowance—Public holidays and rostered days off

23.7(c)(iii)

15

% of the employee’s minimum hourly rate for each hour restricted

   

Schedule D—School-based Apprentices
D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award,calculated hourly,will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
D.4 For the purposes of clause D.3,where an apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 For the purposes of this schedule,off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.
D.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
D.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule E—Supported Wage System
E.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.
E.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.

E.3 Eligibility criteria
E.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.
E.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.
E.4 Supported wage rates
E.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 E.5)
%

Relevant minimum wage
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

E.4.2 Provided that the minimum amount payable must be not less than $87 per week.
E.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.
E.5 Assessment of capacity
E.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 SWS 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.
E.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.
E.6 Lodgement of SWS wage assessment agreement
E.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.
E.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.
E.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 SWS.

E.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.

E.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.

E.10 Trial period
E.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 4 weeks) may be needed.
E.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.
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.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 E.5.

Schedule F—National Training Wage
F.1 Definitions
F.1.1 In this schedule:

    adult trainee means a trainee who would qualify for the highest minimum wage in wage level A or B if covered by that wage level.
    approved training,in relation to a trainee,means the training specified in the training contract of the trainee.
    Australian Qualifications Framework (AQF) means the national framework for qualifications in post-compulsory education and training.
    relevant State or Territory training authority means a body in the relevant State or Territory that has power to approve traineeships,and to 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:

      Apprenticeship and Traineeship Act 2001 (NSW);
      Education and Training Reform Act 2006 (Vic);
      Training and Skills Development Act 2008 (SA);
      Training and Skills Development Act 2016 (NT);
      Training and Tertiary Education Act 2003 (ACT);
      Training and Workforce Development Act 2013 (Tas);
      Vocational Education and Training Act 1996 (WA);
      Further Education and Training Act 2014 (Qld).

    trainee means an employee undertaking a traineeship under a training contract.
    traineeship means a system of training that:
    (a) has been approved by the relevant State or Territory training authority;and
    (b) meets the requirements of a training package developed by the relevant Skills Service Organisation and endorsed by the Australian Industry and Skills Committee;and
    (c) leads to an AQF certificate level qualification.
    training contract means an agreement for a traineeship made between an employer and an employee that is registered by the relevant State or Territory training authority.
    training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification that have been endorsed for an industry or enterprise by the Australian Industry and Skills Committee.
    wage level A or B see clause F.4.
    Year 10 includes any year before Year 10.

F.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at 1 January in each year and is taken to:

    (a) include any period of schooling beyond Year 10 that was not part of,or did not contribute to,a completed year of schooling;and
    (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 after the completion during that year of a year of schooling.

F.2 Coverage
F.2.1 Subject to clauses F.2.2 to F.2.5,this schedule applies to an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are allocated to a wage level by clause F.6 or by clause F.4.4.
F.2.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause E.6.
F.2.3 This schedule does not apply to:

    (a) the apprenticeship system;or
    (b) qualifications not identified in training packages;or
    (c) qualifications in training packages that are not identified as appropriate for a traineeship.

F.2.4 If this schedule is inconsistent with other provisions of this award relating to traineeships,the other provisions prevail.
F.2.5 This schedule ceases to apply to an employee at the end of the traineeship.
F.3 Types of traineeship

The following types of traineeship are available:

F.3.1 A full-time traineeship based on 38 ordinary hours per week,with 20% of those hours being approved training;
F.3.2 A part-time traineeship based on fewer than 38 ordinary hours per week,with 20% of those hours being approved training provided:

    (a) wholly on the job;or
    (b) partly on the job and partly off the job;or
    (c) wholly off the job.

F.4 Minimum rates
F.4.1 Minimum weekly rates for full-time traineeships

    (a) Wage level A

      The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause F.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
      Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

    Column 1
    Experience level of trainee

    Column 2
    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    per week

    per week

     

    $

    $

    $

    School leaver

    332.80

    366.50

    436.60

    Plus 1 year out of school

    366.50

    436.60

    508.10

    Plus 2 years out of school

    436.60

    508.10

    591.30

    Plus 3 years out of school

    508.10

    591.30

    677.00

    Plus 4 years out of school

    591.30

    677.00

     

    Plus 5 or more years out of school

    677.00

      

      NOTE: See clause F.4.3 for other minimum wage provisions that affect clause F.4.1.

    (b) Wage Level B

      The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause F.6.2 is the weekly rate specified in Column 2 of Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
      Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

    Column 1
    Experience level of trainee

    Column 2
    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    per week

    per week

     

    $

    $

    $

    School leaver

    332.80

    366.50

    424.80

    Plus 1 year out of school

    366.50

    424.80

    488.60

    Plus 2 years out of school

    424.80

    488.60

    573.10

    Plus 3 years out of school

    488.60

    573.10

    653.70

    Plus 4 years out of school

    573.10

    653.70

     

    Plus 5 or more years out of school

    653.70

      

      NOTE: See clause F.4.3 for other minimum wage provisions that affect clause F.4.1.

    (c) AQF Certificate Level IV traineeships

      (i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.
      (ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 3—Minimum weekly rate for full-time trainees (AQF Certificate Level IV traineeship) according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in column 1:

        Table 3—Minimum weekly rate for full-time trainees (AQF Certificate Level IV traineeship)

      Column 1
      Wage level

      Column 2
      First year of traineeship

      Column 3
      Second and subsequent years of traineeship

       

      per week

      per week

       

      $

      $

      Wage Level A

      703.20

      730.40

      Wage Level B

      678.40

      704.40

        NOTE: See clause F.4.3 for other minimum wage provisions that affect clause F.4.1.

F.4.2 Minimum hourly rates for part-time traineeships

    (a) Wage Level A

      The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause F.6.1 is the hourly rate specified in column 2 of Table 4—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
      Table 4—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)

    Column 1
    Experience level of trainee

    Column 2
    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    10.95

    12.07

    14.37

    Plus 1 year out of school

    12.07

    14.37

    16.73

    Plus 2 years out of school

    14.37

    16.73

    19.45

    Plus 3 years out of school

    16.73

    19.45

    22.26

    Plus 4 years out of school

    19.45

    22.26

     

    Plus 5 or more years out of school

    22.26

      

      NOTE: See clause F.4.2(e) for calculating the actual minimum wage. See also clause F.4.3 for other minimum wage provisions that affect clause F.4.2.

    (b) Wage Level B

      The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause F.6.2 is the hourly rate specified in Column 2 of Table 5—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
      Table 5—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)

    Column 1
    Experience level of trainee

    Column 2
    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    10.95

    12.07

    13.99

    Plus 1 year out of school

    12.07

    13.99

    16.08

    Plus 2 years out of school

    13.99

    16.08

    18.87

    Plus 3 years out of school

    16.08

    18.87

    21.52

    Plus 4 years out of school

    18.87

    21.52

     

    Plus 5 or more years out of school

    21.52

      

      NOTE: See clause F.4.2(e) for calculating the actual minimum wage. See also clause F.4.3 for other minimum wage provisions that affect clause F.4.2.

    (c) School-based traineeships

    Column 1
    Year 11 or lower

    Column 2
    Year 12

    per hour

    per hour

    $

    $

    10.95

    12.07

      NOTE: See clause F.4.2(e) for calculating the actual minimum wage. See also clause F.4.3 for other minimum wage provisions that affect clause F.4.2.

    (d) AQF Certificate Level IV traineeships

      (i) The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum hourly rate for the relevant part-time AQF Certificate Level III traineeship increased by 3.8%.
      (ii) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 7—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship),according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in column 1:

        Table 7—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

      Column 1
      Wage level

      Column 2
      First year of traineeship

      Column 3
      Second and subsequent years of traineeship

       

      per hour

      per hour

       

      $

      $

      Wage Level A

      23.12

      24.03

      Wage Level B

      22.29

      23.15

        NOTE: See clause F.4.2(e) for calculating the actual minimum wage. See also clause F.4.3 for other minimum wage provisions that affect clause F.4.2.

    (e) Calculating the actual minimum wage

      (i) If fewer than 38 (or an average of 38) ordinary hours of work per week is considered full-time at the workplace by the employer,the appropriate minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses F.4.2(a) to F.4.2(c) by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
      (ii) If the approved training for a part-time traineeship is provided wholly off-the-job by a registered training organisation,for example at school or at TAFE,the relevant minimum hourly rate in clauses F.4.2(a) to F.4.2(c) applies to each ordinary hour worked by the trainee.
      (iii) If 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 hourly rate in clauses F.4.2(a) to F.4.2(c) minus 20% applies to each ordinary hour worked by the trainee.

F.4.3 Other minimum wage provisions

    (a) Clause F.4.3 applies despite anything to the contrary in clause F.4.2.
    (b) An employee who was employed by an employer immediately before becoming a trainee with that employer must not suffer a reduction in their minimum rate of pay because of becoming a trainee.
    (c) For the purpose of determining whether a trainee has suffered a reduction as mentioned in clause F.4.3(b),casual loadings are to be disregarded.
    (d) 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,if a higher minimum wage is provided for the new AQF certificate level.

F.4.4 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 clause F.6 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.

F.5 Employment conditions
F.5.1 A trainee undertaking a school-based traineeship may agree to be paid an additional loading of 25% on all ordinary hours worked instead of being paid annual leave,paid personal/carer’s leave,paid compassionate leave and paid absence on public holidays. However,if the trainee works on a public holiday,the public holiday provisions of this award apply.
F.5.2 A trainee is entitled to be released from work without loss of pay and without loss of continuity of employment to attend any training and assessment specified in,or associated with,the training contract.
F.5.3 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.
F.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses F.4.2(e)(ii) and F.4.2(e)(iii) and not by clause F.5.3.
F.5.5 Subject to clause F.2.4,this award applies to a trainee in the same way that it applies to an employee who is not a trainee except as otherwise expressly provided by this schedule.
F.6 Allocation of Traineeships to Wage Levels

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

F.6.1 Wage level A

Training package

AQF certificate level

Business Services

I,II,III

Information and Communications Technology

I,II,III

Metal and Engineering (Technical)

III

Training and Assessment

III

Transport and Logistics

III

F.6.2 Wage level B

Training package

AQF certificate level

Transport and Logistics

I,II

   

Schedule G—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule H—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule I—Part-day Public Holidays
I.1 This schedule operates in conjunction with award provisions dealing with public holidays.
I.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight,or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) 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 on the declared or prescribed part-day public holiday 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 on the declared or prescribed part-day public holiday but as a result of being on annual leave does not work,they will be taken not to be on annual leave during the hours of the declared or prescribed part-day public holiday 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 on the declared or prescribed part-day public holiday,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 I.2(f) applies,where an employee works any hours on the declared or prescribed part-day public holiday 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 on the declared or prescribed part-day public holiday.
    (g) An employee not rostered to work on the declared or prescribed part-day public holiday,other than an employee who has exercised their right in accordance with clause I.2(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.
    (h) Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.

I.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
I.4 This schedule is not intended to detract from or supplement the NES.

Schedule X—Additional Measures During the COVID-19 Pandemic
X.1 Subject to clauses X.2.1(d) and X.2.2(c),Schedule X operates from 8 April 2020 until 30 June 2020. The period of operation can be extended on application.
X.2 During the operation of Schedule X,the following provisions apply:
X.2.1 Unpaid pandemic leave

    (a) Subject to clauses X.2.1(b),(c) and (d),any employee is entitled to take up to 2 weeks’unpaid leave if the employee is required by government or medical authorities or on the advice of a medical practitioner to self-isolate and is consequently prevented from working,or is otherwise prevented from working by measures taken by government or medical authorities in response to the COVID-19 pandemic.
    (b) The employee must give their employer notice of the taking of leave under clause X.2.1(a) and of the reason the employee requires the leave,as soon as practicable (which may be a time after the leave has started).
    (c) An employee who has given their employer notice of taking leave under clause X.2.1(a) must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason given in clause X.2.1(a).
    (d) A period of leave under clause X.2.1(a) must start before 30 June 2020,but may end after that date.
    (e) Leave taken under clause X.2.1(a) does not affect any other paid or unpaid leave entitlement of the employee and counts as service for the purposes of entitlements under this award and the NES.
    NOTE:The employer and employee may agree that the employee may take more than 2 weeks’unpaid pandemic leave.

X.2.2 Annual leave at half pay

    (a) Instead of an employee taking paid annual leave on full pay,the employee and their employer may agree to the employee taking twice as much leave on half pay.
    (b) Any agreement to take twice as much annual leave at half pay must be recorded in writing and retained as an employee record.
    (c) A period of leave under clause X.2.2(a) must start before 30 June 2020,but may end after that date.
    EXAMPLE:Instead of an employee taking one week’s annual leave on full pay,the employee and their employer may agree to the employee taking 2 weeks’annual leave on half pay. In this example:
    •the employee’s pay for the 2 weeks’leave is the same as the pay the employee would have been entitled to for one week’s leave on full pay (where one week’s full pay includes leave loading under the Annual Leave clause of this award);and
    •one week of leave is deducted from the employee’s annual leave accrual.

NOTE 1:A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.

NOTE 2:Under section 340(1) of the Act,an employer must not take adverse action against an employee because the employee has a workplace right,has or has not exercised a workplace right,or proposes or does not propose to exercise a workplace right,or to prevent the employee exercising a workplace right. Under section 342(1) of the Act,an employer takes adverse action against an employee if the employer dismisses the employee,injures the employee in his or her employment,alters the position of the employee to the employee’s prejudice,or discriminates between the employee and other employees of the employer.

NOTE 3:Under section 343(1) of the Act,a person must not organise or take,or threaten to organise or take,action against another person with intent to coerce the person to exercise or not exercise,or propose to exercise or not exercise,a workplace right,or to exercise or propose to exercise a workplace right in a particular way.

About this document
(1)
Code:
PR718126
Title:
PR718126 - Variation - 09 Apr 2020
Effective:
9 Apr 2020
Updated:
9 Apr 2020
Related Information
1.0.11.0 SD