’AP775844CAN - Commercial Radio - Announcers’ Award 1998

This Fair Work Australia consolidated award incorporates all amendments up to and including 1 July 2005 (variation PR959581).

Clauses affected by the most recent amendment(s) are:

12. Rates of pay

14. Allowances

About this Award:
Printed by authority of the Commonwealth Government Printer.


Disclaimer:
Please note that this consolidated award is prepared by the staff of Fair Work Australia and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia’s website (www.fwa.gov.au) or purchased from any office of Fair Work Australia.


AP775844CAN [Pre-reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s.113 application for variation

Federation of Australian Radio Broadcasters
(C No. 21912 of 1998)

Review of award pursuant to Item 51 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00985 of 1998)

THE RADIO ANNOUNCERS’ COMMERCIAL BROADCASTING AWARD 1976
[ODN C No. 2780 of 1975]
[Print H9087 [R0001]]

Allowable award matters

ORDER

1. The above award is varied as follows:

1. By deleting all clauses and respondent employer schedule of the award and inserting the following in lieu thereof:

1. AWARD TITLE

This award shall be known as the Commercial Radio - Announcers’ Award 1998.

2. ARRANGEMENT

1. Award title
2. Arrangement
3. Definitions
4. Parties bound
5. Operation and duration
6. Rescission of previous award
7. Enterprise flexibility provisions
8. Disputes settling procedure [PR935580]
9. Types of employment
10. Notice of termination [PR950927]
11. Redundancy [PR950927]
12. Rates of pay [PR950927]
13. Penalty rates
14. Allowances [PR935580]
15. Anti-discrimination
16. Hours of work
17. Rosters
18. Breaks
19. Overtime
20. Public holidays
21. Annual leave
22. Personal leave [S7125]
23. Parental leave
24. Display of award
25. Superannuation
26. Index of facilitative provisions

Schedule 1 - Respondent employers

3. DEFINITIONS

3.1 Act means the Workplace Relations Act 1996.

3.2 Alliance means the Media, Entertainment and Arts Alliance.

3.3 Announcer Class 2 means an employee who is employed on announcing the time of day, playing of records and/or controlling transcriptions and/or making announcements, including reading of news, stock reports or sporting results.

3.4 Announcer Class 1 means an employee who in addition to carrying out any of the duties prescribed for an Announcer Class 2 regularly carries out one or more of the following: interviewing, open-line programmes, describing sporting or other events, preparing programmes of a special nature such as documentaries, public appearances (including working from studios open to public viewing) or having responsibility for the production of commercials or musical programmes.

3.5 Commission means the Australian Industrial Relations Commission.

3.6 Daylight shifts mean all on-air shifts starting between 4.00 a.m. and 5.59 p.m. Monday to Friday.

3.7 Employee means a person employed in any classification regulated by this award.

3.8 Employer means an employer respondent to this award.

3.9 Midnight-to-dawn shift means an on-air shift starting at or after 11.00 p.m. and finishing not later than 6.00 a.m.

3.10 On air means the period of time during which an announcer is on duty at a microphone being broadcast live.

3.11 Ordinary rate/s of pay, rates payable, rate of pay, weekly wage or weekly rate of pay within this award means the minimum weekly award rate of pay prior to the calculation of any penalty or overtime.

3.12 Regular means of public transport means transport by public bus, ferry, rail or tram for which the maximum waiting time does not exceed thirty minutes. Such transport does not include taxi cab transport.

4. PARTIES BOUND

4.1.1 This award shall be binding upon the employers listed in Schedule 1 and in respect of employees regulated by this award whether members of the Alliance or not and upon the Alliance, its branches, officers and members.

4.1.2 This award has a common rule declaration in the Australian Capital Territory and Northern Territory which means that it is binding upon all commercial radio employers and employees classified under this award in the said territories.

5. OPERATION AND DURATION

5.1.1 This award comes into force on 13 November 1998 and shall remain in force for a period of six months.

5.1.2 It should be noted that by virtue of section 148 of the Act this award continues in force after its expiry date until a new award is made dealing with the same matters.

6. RESCISSION OF PREVIOUS AWARD

This award rescinds The Radio Announcers’ Commercial Broadcasting Award 1976 and all variations thereto but no right, obligation or liability accrued or incurred under the previous award shall be affected.

7. ENTERPRISE FLEXIBILITY PROVISIONS

(See ss.113A and 113B of the Act.)

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

7.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

7.2 For the purpose of the consultative process the employees may nominate the Union or another to represent them.

7.3 Where agreement is reached an application shall be made to the Commission.

8. DISPUTES SETTLING PROCEDURE

8.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:

8.1.1 The employee and their supervisor meeting and conferring on the matter.

8.1.2 If the matter is not resolved at such meeting, the parties shall arrange for further discussions between the employee and or his/her nominated representative, if any, and more senior levels of management.

[8.2 varied by PR935580 ppc 30Jul03]

8.2 If the matter is still not resolved a discussion shall be held between representatives of the Commercial Radio Australia Limited or other representative of the employer and the Alliance or other employee representative.

8.3 If the matter cannot be resolved it may be referred to the Commission.

8.4 While the parties attempt to resolve the matter work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety.

9. TYPES OF EMPLOYMENT

9.1 General

9.1.1 Employees under this award will be employed in one of the following categories:

9.1.1(a) full-time employees; or

9.1.1(b) casual employees; or

9.1.1(c) regular part-time employees; or

9.1.1(d) trainees.

9.1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, regular part-time, casual or trainee.

9.2 Full-time employment

A full-time employee will be engaged for an average of 38 ordinary hours each week as regulated by clause 16 - Hours of work.

9.3 Casual employment

9.3.1 A casual employee means an employee employed by the day.

9.3.2 A casual employee will be paid an hourly rate calculated by dividing the appropriate weekly rate of pay for the class of work performed by thirty eight, then adding a 33-1/3% loading.

9.3.3 On each occasion a casual employee is required to attend work he or she is entitled to a minimum payment of four hours work on any one day.

9.3.4 A casual employee’s ordinary hours of work shall not exceed eight consecutive hours except in the case of a midnight to dawn shift in which the employee’s days work shall not exceed seven consecutive hours. Such consecutive hours shall be exclusive of meal breaks.

9.3.5 All the provisions of this award apply to casuals except where expressly excluded.

9.4 Regular part-time employment

9.4.1 An employer may employ regular part-time employees in any classification in this award.

9.4.2 A regular part-time employee is an employee who:

9.4.2(a) works less than full time hours of 38 per week; and

9.4.2(b) has regular and continuous hours of work; and

9.4.2(c) receives, on a pro rata basis, equivalent pay and conditions to those full-time employees who do the same type of work.

9.4.3 At the time of engagement the employer and the regular part-time employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times.

9.4.4 Any agreed variation to the regular pattern of work will be recorded in writing.

9.4.5 An employer is required to roster a regular part-time employee for a minimum of four consecutive hours on any shift.

9.4.6 An employee who does not meet the definition of a regular part-time employee and who is not a full-time employee will be paid as a casual employee.

9.4.7 All time worked in excess of the hours as mutually arranged will be paid overtime and paid for at the rates prescribed in clause 19 - Overtime, of this award.

9.4.8 A regular part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

9.5 Junior trainees

9.5.1 A junior trainee means an employee under the age of 21 who is gaining training and being supervised in announcing duties.

9.5.2 The minimum rates payable per week shall be the undermentioned percentages of the weekly wage payable to an Announcer Class 2 in the station where he/she is employed:

9.5.3 The maximum period of traineeship for junior trainees, whether in one station or several, shall be twelve months.

9.5.4 The station or the trainee may terminate employment during the first twelve weeks of the trainee's twelve months traineeship period by giving one weeks notice of termination on either side.

9.5.5 During the remaining 40 weeks of the traineeship period and the next subsequent 52 weeks, employment may only be terminated by four weeks notice on either side and thereafter the normal terms of employment provided under this clause shall apply.

9.6 Adult trainees

9.6.1 An Adult Trainee means an employee aged 21 or over who is gaining training and being supervised in announcing duties.

9.6.2 The minimum rate payable shall be 90% of the weekly wage payable to an Announcer Class 2 in the station where he/she is employed.

9.6.3 The maximum period of traineeship for Adult trainees, whether in one station or several, shall be six months.

9.6.4 The station or the trainee may terminate employment during the first eight weeks of the trainee's six months traineeship period by giving one weeks notice of termination on either side.

9.6.5 During the remaining eighteen weeks of the traineeship period and the next subsequent 26 weeks, employment may only be terminated by four weeks notice on either side and thereafter the normal terms of employment provided under this clause shall apply.

10. NOTICE OF TERMINATION

[10 Termination of employment title changed and substituted by PR950927 ppc 02Aug04]

10.1 Notice of termination by employer

10.1.1 In order to terminate the employment of an employee the employer must give to the employee the period of notice specified in the table below:

10.1.2 In addition to the notice in 10.1.1, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.

10.1.3 Payment in lieu of the prescribed notice in 10.1.1 and 10.1.2 must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

10.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

10.1.4(a) the employee's ordinary hours of work (even if not standard hours); and

10.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

10.1.4(c) any other amounts payable under the employee's contract of employment.

10.1.5 The period of notice in this clause does not apply:

10.1.5(a) in the case of dismissal for serious misconduct;

10.1.5(b) to apprentices;

10.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;

10.1.5(d) to casual employees.

10.1.6 Continuous service is defined in Clause 21 Annual Leave.

10.2 Notice of termination by an employee

10.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

10.2.2 If an employee fails to give the notice specified in 10.1.1 the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under 10.1.4.

10.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

10.4 Transmission of business

Where a business is transmitted from one employer to another, as set out in clause 11- Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.

11. REDUNDANCY

[11 substituted by PR950927 ppc 02Aug04]

11.1 Definitions

11.1.1 Business includes trade, process, business or occupation and includes part of any such business.

11.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

11.1.3 Small employer means an employer who employs fewer than 15 employees.

11.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

11.1.5 Week's pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

• overtime;
• penalty rates;
• disability allowances;
• shift allowances;
• special rates;
• fares and travelling time allowances;
• bonuses; and
• any other ancillary payments of a like nature.

11.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

11.3 Severance pay

11.3.1 Severance pay - other than employees of a small employer

An employee, other than an employee of a small employer as defined in11.1, whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

* Week's pay is defined in 11.1.

11.3.2 Severance pay - employees of a small employer

An employee of a small employer as defined in 11.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

* Week's pay is defined in 11.1.

11.3.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

11.3.4 Continuity of service shall be calculated in the manner prescribed by clause 21. Provided that service prior to the 2nd August 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 11.3.2

11.3.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].

11.4 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 10 - Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

11.5 Alternative employment

11.5.1 An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

11.5.2 This provision does not apply in circumstances involving transmission of business as set in 11.7.

11.6 Job search entitlement

11.6.1 During the period of notice of termination given by the employer in accordance with 11.1, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

11.6.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

11.6.3 The job search entitlements under this subclause apply in lieu of the provisions of 10.3

11.7 Transmission of business

11.7.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

11.7.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

11.7.1(b) Where the employee rejects an offer of employment with the transmittee:

• in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and
• which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

11.7.2 The Commission may vary 11.7.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

11.8 Employees exempted

This clause does not apply to:

• employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
• probationary employees;
• apprentices;
• trainees;
• employees engaged for a specific period of time or for a specified task or tasks; or
• casual employees.

11.9 Incapacity to pay

The Commission may vary the severance pay prescription on the basis of an employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.

12. RATES OF PAY

12.1 For the purpose of this clause, each commercial radio station is allocated to one of four groups. Group 1 stations with a service area population of above 1,000,000; Group 2 stations with a service area population of above 180,000 to 1,000,000; Group 3 stations with a service area population of above 80,000 to 180,000; Group 4 stations with a service area population of below 80,000.

[12.2 varied by R9343 S8799 PR906786 PR921058 PR935580 PR950927; PR959581 ppc 02Aug05]

12.2 An adult employee of a classification specified in the table hereunder (other than junior and adult trainees) shall be paid not less than the rate per week assigned to the classification and award grouping in which such employee is working:

[12.3 substituted by R9343 S8799 PR906786 PR921058 PR935580 PR950927; PR959581 ppc 02Aug05]

12.3 The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review—Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

12.4 Payment of wages

12.4.1 Wages shall be paid weekly or fortnightly by cash, cheque or electronic transfer (as determined by the employer). If wages are paid by electronic transfer there shall be no cost to the employee for the transfer of the wages to the employee's account.

12.4.2 Any overtime, penalty rate, travel, car or meal allowance, or similar payment due to be paid to an employee for work carried out during the week preceding pay day, and notified to the employer shall, if not paid to the employee on such pay day shall be paid to the employee on the next subsequent pay day or the following pay day.

13. PENALTY RATES

13.1 Sundays

An employee required to work on Sundays shall be paid for at the rate of double time, with a minimum payment as for six hours, provided that if that work is continuous with work which commenced on the previous day and ends not later than 2 a.m. on the Sunday, payment at double time will be only for the time worked after midnight.

13.2 Public Holidays

An employee required to work on a public holiday shall be paid for at the rate of double time and one half, with a minimum payment as for six hours, provided that if that work is continuous with work which commenced on the previous day and ends not later than 2 a.m. on the public holiday, payment at double time and a half will be only for the time worked after midnight.

13.3 Calculation of penalty rates

13.3.1 The penalty rate of double time is calculated as follows:

Employees hourly rate (weekly wage divided by 38) x 200% = double time hourly rate

13.3.2 The penalty rate of double time and one half is calculated as follows:

Employees hourly rate x 250% = double time and one half hourly rate

13.3.3 The penalty rate of triple time is calculated as follows:

Employees hourly rate x 300% = triple time hourly rate

13.4 Penalty rates not cumulative

Extra rates prescribed in this award are not cumulative so as to exceed a maximum of triple time.

13.5 Shift penalties

13.5.1 An employee carrying out any work between 10.00 p.m. and 9.00 a.m. (other than on a midnight to dawn shift) shall be paid fifteen per cent of the employee's hourly rate of pay per hour, with a minimum payment of one hour in addition to the employee's weekly wage.

13.5.2 An employee carrying out work on a midnight to dawn shift shall be paid a fifteen percent shift penalty loading for the entire shift.

13.5.3 The loadings prescribed by this clause are not cumulative upon any other entitlement under any other clause in this award in particular 13.1 Penalty Rates - Sundays, 13.2 Penalty Rates - Public Holidays and clause 19 - Overtime.

14. ALLOWANCES

14.1 Meal allowance

[14.1 varied by PR906786 PR921058 PR935580 PR950927; PR959581 ppc 02Aug05]

If work requires the employee to take more than one meal a day away from home, the employer shall pay to such employee a minimum allowance of $18.10 for the second meal and $18.10 for each subsequent meal until he/she ceases work unless such meal or meals are otherwise paid for by the employer. For the purpose of this clause meal means breakfast, lunch or dinner.

14.2 Transport allowances

14.2.1 Should it be necessary for an employee to travel in the employer's interest to a locality away from the usual studios to broadcast, record or perform any other duties, such transport shall be provided or paid for by the employer.

[14.2.1(a) varied by PR906786 PR921058; PR935580 ppc 30Jul03]

14.2.1(a) In the case of any employee being required to use his/her own car for such transport an allowance of 65 cents per kilometre shall be paid by the employer to the employee.

[14.2.1(b) varied by PR906786 PR921058; PR935580 ppc 30Jul03]

14.2.1(b) If the employer requires the employee to transport any other persons or any of the employer's equipment in the employee's car the allowance paid by the employer shall be 82 cents per kilometre.

[14.2.1(c) varied by PR906786 PR921058; PR935580 ppc 30Jul03]

14.2.1(c) In the case of the employee using the employee's motor cycle for transport of the employee the allowance to be paid by the employer shall be 58 cents per kilometre.

14.2.2 Working late

When an employer requires an employee to work until it is too late to travel by his or her normal method of transport home the employer must pay the cost of transport for the employee to get home free of charge.

This clause does not apply where the employer provides accommodation for the employee for the night free of charge.

14.2.3 Working early

When an employer requires an employee to start work before his or her normal starting time and before his or her normal method of transport to work is available the employer must pay the cost of transport for the employee to get to work.

14.2.4 Interviews

Where an employee is required to attend at an appointed place for the purpose of conducting an interview, such person shall be paid all fares and expenses incurred in travelling to such a place of interview.

14.3 Extra duties

An employee who is permanently required by the employer to be responsible for one or more of the following duties in addition to performing the duties of an announcer shall be paid fifteen percent in excess of the appropriate Announcer Class 1 weekly rate of pay:

14.3.1 the rostering of announcers duties;

14.3.2 studio bookings;

14.3.3 the training of trainees, or

14.3.4 the supervision of the studio staff.

14.4 Transfer allowance

14.4.1 Temporary transfer

Where an employee is temporarily transferred for the purpose of providing relief or otherwise the employer will provide:

• reimbursement of accommodation expenses. Provided that this shall not occur if the employer provides first class accommodation or equivalent allowance; and

• reimbursement of cost of travel. Provided that this shall not occur if the employer provides first class rail or economy class air fares; and

• reimbursement of all reasonable travelling expenses.

14.4.2 Permanent transfer

Where an employee is transferred permanently from one station to another and has to change residence the provisions of 14.4.1 shall be extended to the employee’s spouse and family.

In addition the cost of removal and transmission of the employee’s furniture and household effects shall be paid by the employer.

14.5 Mixed functions

An employee engaged for half or more of one day on duties carrying a higher rate of pay than his/her ordinary classification shall be paid the higher rate for such day's work.

15. ANTI-DISCRIMINATION

15.1 It is the intention of the respondents to this award to achieve the principal object in section 3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

15.2 Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

15.3 Nothing in this clause is to be taken to affect:

15.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

15.3.2 junior rates of pay, until 22 June 2000, or later date determined by the Commission in accordance with section 143 (1E) of the Act;

15.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; or

15.3.4 the exemptions in section 170CK (3) and (4) of the Act.

16. HOURS OF WORK

16.1 The ordinary hours of work of a full-time employee are an average of 38 hours per week.

16.1.1 The average of 38 hours per week is to be worked in one of the following ways:

16.1.1(a) five days of seven hours and 36 minutes per day; or

16.1.1(b) four days of eight hours and one day of six hours; or

16.1.1(c) four days of seven hours thirty minutes and one day of eight hours; or

16.1.1(d) any combination of the above.

16.2 The arrangement for working the average of 38 hours per week is to be agreed between the employer and the employee from the alternatives in 16.1.1.

16.3 An employee must be given a minimum break of ten hours between the finish of ordinary hours of work on the one day and the commencement of ordinary hours of work on the next day.

16.4 Hours on air

16.4.1 The maximum number of ordinary hours on air in all daylight shifts, Monday to Friday, other than public holidays, shall not exceed four consecutive hours except in an emergency.

16.4.2 Provided that in relation to employees employed in Groups 3 and 4, on air hours may be increased to a maximum of five consecutive hours by agreement between the parties. Employees shall be paid for that extra hour pursuant to 19.4 - Overtime of this award.

16.4.3 The maximum number of ordinary hours on air at all other times shall not exceed six consecutive hours without a meal break (emergencies excepted).

16.5 Other duties counted as time worked

16.5.1 A minimum of fifteen minutes, taken by the employee away from the microphone prior to going on air in order to study programmes, scripts and copy shall be counted as time worked. The employer may require that the said period of fifteen minutes be increased and any such increased period shall be counted as time worked.

16.5.2 Time spent by an employee at a staff or partial staff meeting of the employer’s staff at the request or invitation of the employer must be paid for at ordinary rates of pay.

16.5.3 Time spent in servicing of a client advertiser of the employer by an employee at the direction of the employer must be paid for at ordinary rates of pay. Any travelling time incurred by an employee in carrying out such servicing must be paid for at ordinary rates of pay.

16.5.4 Should an employee be directed to travel away from the usual studios to broadcast, or record or perform any other duties, the time involved in travelling to and from such location shall be counted as time worked, provided the maximum travelling time to be paid for shall be eight hours on any one day.

16.6 Any disputes in relation to the practical application of this clause may be dealt with in accordance with clause 8 - Disputes Settling Procedure.

17. ROSTERS

17.1 A roster for employees other than casuals showing normal starting and finishing times and the name of each employee shall be prepared by the employer and shall be displayed in a conspicuous place accessible to the employees concerned.

17.2 The roster shall contain details of the days and hours of work of each employee during the fourteen days shown on the roster and shall be issued not later than seven days prior to the commencement date of such roster.

17.3 The roster shall provide that each employee has four days off in each fortnight, unless paid at overtime rates as provided for in clause 19 - Overtime of this award. Such roster shall provide that not less than two of the said four days off are consecutive days in each fortnight.

17.4 An employee shall not be so rostered or required to work so that the end of one day’s work and the beginning of the next day’s work occur on the same calender day. Provided that this provision shall not apply to an employee who is working the midnight to dawn shift or to an employee rostered to work one unbroken stretch to 1 a.m and who commences his or her work on the same day after a break of not less than ten hours.

17.5 The roster may not be altered at less than seven days notice of such alteration except in an actual emergency or with the agreement of the employer and employee.

18. BREAKS

18.1 Meal breaks

An employee shall be allowed a meal break of not less than forty five minutes and not exceeding one hour at a time which is not longer than six hours from the time of the commencement of the employee's duties on that day. Provided that where there is agreement between the employer and employee the meal break may be reduced to thirty minutes.

18.2 Ten hour break between shifts

18.2.1 If starting work at the employees next rostered starting time would mean that the employee did not receive a full ten hour break then either:

18.2.2 the employee may - without loss of pay - start work at such later time as is necessary to ensure that he or she receives a break of at least ten hours; or

18.2.3 the employer must pay the employee at double time overtime rates for all work performed until the employee has received a break of at least ten hours.

18.2.4 Example:

George normally works from 9 a.m. to 6 p.m. Monday to Friday. On Tuesday he works overtime until midnight. If George’s employer wants him to start work at 9 a.m. on Wednesday then George must be paid at double time rates until he has received a break from work of at least ten hours. Alternatively George could start work at 10 a.m. on Wednesday and work until his normal finishing time of 6 p.m. George would then receive his normal day’s pay even though he has worked one hour less.

19. OVERTIME

19.1 Payment of overtime rates

19.1.1 A full time employee, regular part-time employee and casual employee is paid at overtime rates for all time worked in excess of the rostered daily hours at the rate of time and one half for the first two hours and double time thereafter.

19.1.2 All time worked in excess of seven hours in the case of a midnight to dawn shift announcer will be paid at time and one half of the employee's ordinary rate of pay for the first two hours on any one day and at double time of the employee's ordinary rate of pay thereafter on that day.

19.2 Calculation of overtime rate

19.2.1 The overtime rate of time and one half is calculated as follows:

Employees hourly rate (weekly wage divided by38) x 150% = time and one half hourly rate

19.2.2 The overtime rate of double time is calculated as follows:

Employees hourly rate x 200% = double time hourly rate

19.2.3 The overtime rate of double time and one half is calculated as follows:

Employees hourly rate x 250% = double time and one half hourly rate

19.2.4 Overtime worked on any day stands alone.

For example:

Jenny is a full-time employee. Her ordinary rate of pay is $10 per hour. She works 2 hours overtime on Monday and one hour overtime on Tuesday.

Jenny’s pay is calculated

You do not treat the one hour of overtime worked on Tuesday as the third hour of overtime. It is paid at one and a half times her normal rate of pay not twice her normal rate of pay. This is because overtime worked on any day stands alone.

19.3 Work in excess of ten days

If an employee is required to work on more than ten days in any two week period the employee shall be paid for each such day in excess of ten days at double time.

19.4 On air hours

All time 'on air' in excess of the consecutive hours specified in clause 16.4 - Hours of work, shall be paid for at the rate of time and a half of the employee's rate of pay with a minimum payment as for one hour’s overtime.

19.5 Work on rostered day off

19.5.1 In the case of an employee other than a casual being called to work on his/her rostered day off at less than seven days notice he/she shall be paid at double time for that day's work.

19.5.2 If an employee is required by the employer to attend a staff or partial staff meeting of the employer’s staff on the employee’s day off, and where such employee agrees to attend, the employee shall be paid at the rate of double time with a minimum payment of two hours.

19.6 Working late

An employee who finishes overtime work at a time when regular means of public transport is unavailable or their normal means of transport is unavailable and for whom a conveyance to his/her home has not been provided by the employer shall continue to be paid overtime at the termination of the overtime work for the time occupied in reaching his/her home.

20. PUBLIC HOLIDAYS

20.1 An employee other than a casual shall be entitled to the following public holidays without loss of pay:

New Year's Day, Australia Day, Good Friday, Easter Monday, Queen's Birthday, Anzac Day, Christmas Day, Boxing Day and in Metropolitan Melbourne, Melbourne Cup Day, Labour Day and all other days regarded and observed as holidays throughout the States and Territories or in lieu of those specified days.

20.2 Payment for work performed on a public holiday prescribed in 20.1 shall be in accordance with clause 13 - Penalty rates of this award.

20.3 If a public holiday falls on a day which is an employee’s rostered day off, such employee shall be entitled to an extra day off duty, or at the option of the employer, given an extra day added to his or her annual leave or an extra days pay at ordinary rates.

Provided that this clause shall not apply where the rostered day off falls on a Saturday or Sunday.

21. ANNUAL LEAVE

21.1 Amount of annual leave

An employee other than a casual is entitled to at least four weeks annual leave after every twelve months continuous service.

21.2 Annual leave remuneration

An employee before going on annual leave shall be paid his/her ordinary rate of pay for the period of leave, in addition a sum equal to 17-1/2% of the total amount paid for such leave as annual leave loading.

21.3 When to take annual leave

An employee may take annual leave at a time agreed with the employer within twelve months of accrual, unless alternative arrangements are agreed.

21.4 Notice

The employer and employee shall seek to reach agreement on the taking of annual leave at a mutually convenient time. In the absence of agreement the employer may give at least eight weeks notice of the commencement of leave or part leave which is due to the employee.

21.5 Annual leave in one or more separate periods

Annual leave may if the employer and employee agree, be given and taken in two separate periods. No such period shall be less than one week unless at the request of the employee and it is convenient to the employer.

21.6 Additional annual leave

Where an employee is required to work on Sundays and/or public holidays in any year an additional pro rata entitlement of one half day’s annual leave shall be granted by the employer for each Sunday and/or public holiday so worked up to a maximum of five full days leave.

21.7 Public holiday falling in a period of annual leave

If any public holiday prescribed by clause 20 - Public holidays of this award falls within an employee’s period of annual leave an additional day for each holiday shall be added to the period of leave.

21.8 Annual leave taken in advance

21.8.1 The employer may allow annual leave to an employee before the right thereto has accrued due but where leave is taken in such a case a further period of annual leave shall not commence to accrue until after the expiration of the twelve months in respect of which annual leave had been taken before it accrued.

21.8.2 Where annual leave has been granted to an employee pursuant to 21.8.1 before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer before completing the twelve months continuous service in respect of which the annual leave was granted the employee shall allow credit to the employer for the monetary value of such leave taken in advance and with respect to which there is no entitlement.

21.9 Payment on termination

21.9.1 If during an employee's first twelve monthly period that employee leaves his/her employment or the employment is terminated by the employer, the employee shall be paid in addition to all other amounts due to him/her an amount equal to 1/12th of his/her ordinary pay for that period of employment as annual leave payment.

Example:

21.9.2 If an employee in other than during his/her first twelve monthly period leaves his/her employment or if the employment is terminated by the employer, the employee shall be paid any period of annual leave accrued under 21.1 and not taken. Any such accrued annual leave shall receive the 17-1/2% leave loading upon termination.

21.9.3 In addition to the allowances provided in 21.9.1 and 21.9.2 such employees shall be entitled to the sum equivalent to one half days pay for each Sunday and/or public holiday worked from the last anniversary of appointment with a maximum payment of five days pay.

21.10 Leave is to be taken

The annual leave provided for by this clause must be taken as leave and except as provided by 21.9 payment will not be made or accepted in lieu of annual leave.

21.11 Recalled to work whilst on annual leave

21.11.1 An employee sent on a period of leave shall not be recalled for duty before two thirds of the time of such leave has expired. If he /she should be so recalled any leave taken shall be forfeited to the employee.

21.11.2 If an employer finds it necessary to cancel the date of commencement of an employee's holiday leave after notification of the date of commencement of holiday leave, or recall the employee from leave and such employee can show that, through such cancellation or recall, he/she actually lost payments reasonably made by him/her and in respect of which he/she retained no benefit, the employer shall reimburse him/her for such loss. The employee shall be entitled to full leave according to the provisions of this clause, at another date mutually agreed upon.

22. PERSONAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casuals.

22.1 Amount of paid personal leave

22.1.1 Paid personal leave is available to an employee when he or she is absent due to:

• personal illness or injury (sick leave); or

• for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support (carer’s leave); or

• bereavement on the death of an immediate family or household member (bereavement leave).

22.1.2 Personal leave of:

• 12 days will be available in the first year of service;

• 12 days will be available per annum in the second and subsequent years of service.

[22.1.3 substituted by S7125 ppc 13Nov98]

22.1.3 In any year unused personal leave accrues by the lesser of:

22.1.3(a) 10 days less the total amount of sick leave and carer’s leave taken during the year; or

22.1.3(b) the balance of that year’s unused personal leave.

[22.1.4 substituted by S7125 ppc 13Nov98]

22.1.4 Personal leave may accumulate to a maximum of 50 days.

22.2 Immediate family or household

22.2.1 The entitlement to personal leave for the purposes of carer’s leave or bereavement leave is subject to the person being either:

22.2.1(a) a member of the employee’s immediate family; or

22.2.1(b) a member of the employee’s household.

22.2.2 The term immediate family includes:

22.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A defacto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

22.2.2(b) child or an adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

22.3 Sick leave

22.3.1 Definition

Sick leave is leave to which an employee other than a casual is entitled without loss of ordinary rates of pay because of his or her personal illness or injury.

22.3.2 Entitlement

22.3.2(a) An employee is entitled to use up to ten days of the current year’s personal leave entitlement in the first year of service and ten days in the second and subsequent years of service.

22.3.2(b) An employee is entitled to use accumulated personal leave for the purposes of sick leave where the current year’s sick leave entitlement has been exhausted.

22.3.3 Employee must give notice

22.3.3(a) Before taking sick leave an employee must where practicable, within 24 hours of the commencement of such absence inform the employer of his/her inability to attend for duty.

22.3.3(b) The notice must include:

• the nature of the injury or illness (if known)

• how long the employee expects to be away from work.

22.3.3(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

22.3.4 Evidence supporting claim

The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.

22.3.5 Single day absences

In the case of an employee who has already been allowed two single day absences in the previous twelve months, shall not be entitled to payment for the day claimed unless he/she produces at the request of the employer a certificate of a duly qualified medical practitioner that in his/her, (the medical practitioner's) opinion, the employee was unable to attend for duty on account of personal illness or on account of injury or accident.

22.3.6 The effect of workers’ compensation

If an employee is receiving worker’s compensation payments, he or she is not entitled to sick leave.

22.4 Bereavement leave

22.4.1 Paid leave entitlement

An employee other than a casual shall on the death of a spouse, parent, brother, sister, child, step child, grandparent or grandchild is entitled to use up to two days personal leave as bereavement leave to attend a funeral on any occasion on which a member of the employee’s immediate family or household dies.

22.4.2 Unpaid leave entitlement

Where an employee has exhausted all personal leave entitlements, including accumulated entitlements, they will be entitled to up to two days unpaid bereavement leave to attend a funeral.

22.4.3 Evidence supporting claim

The employer may require the employee to provide satisfactory evidence of the death of the member of the employee’s immediate family or household.

22.5 Carer’s leave

22.5.1 Paid leave entitlement

An employee other than a casual is entitled to use up to five days personal leave each year to care for members of his or her immediate family or household who are sick and require care and support. This entitlement is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person.

22.5.2 Notice required

22.5.2(a) Before taking carer’s leave, an employee must where practicable, within 24 hours of the commencement of such absence inform the employer of his/her inability to attend for duty.

22.5.2(b) The notice must include:

• the name of the person requiring care and support and his or her relationship to the employee;

• the reasons for taking such leave;

• the estimated length of absence.

22.5.2(c) If it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone at the first opportunity.

22.5.3 Evidence supporting claim

The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require the care by another.

22.5.4 Unpaid leave

An employee may take unpaid carer’s leave by agreement with the employer.

23. PARENTAL LEAVE

The provisions of this clause apply to full-time and regular part-time employees, but do not apply to casuals.

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

23.1 Definitions

23.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where 'child' means a person under the age of five years who is placed with the employee for the purpose of adoption, other than a child or step child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

23.1.2 Subject to 23.1.3, in this clause, spouse includes a defacto or former spouse.

23.1.3 In relation to 23.5, spouse includes a defacto spouse but does not include a former spouse.

23.2 Basic entitlement

23.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of a child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

23.2.2 Subject to 23.3.4, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

23.2.2(a) for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child;

23.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

23.3 Maternity leave

23.3.1 An employee will provide to the employer at least ten weeks in advance of the expected date of commencement of parental leave:

23.3.1(a) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement;

23.3.1(b) written notification of the date on which she proposes to commence maternity leave, and the period of leave to be taken; and

23.3.1(c) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

23.3.2 Subject to 23.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within the six weeks immediately prior to her expected date of birth.

23.3.3 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on normal duties.

23.3.4 Special maternity leave

23.3.4(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

23.3.4(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.

23.3.4(c) Where an employee not then on maternity leave suffers an illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

23.3.5 Where leave is granted under 23.3.4 , during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

23.4 Paternity leave

23.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

23.4.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

23.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

23.4.1(c) a statutory declaration stating:

24.3.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;

23.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and

23.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

23.4.2 The member will not be in breach of 23.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

23.5 Adoption leave

23.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

23.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

23.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;

23.5.2(b) particulars of any period of adoption leave sought or taken by the employees’ spouse; and

23.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

23.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

23.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

23.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse or other compelling circumstances.

23.5.6 An employee seeking to adopt a child is entitled to take unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

23.6 Variation of period of parental leave

Unless agreed otherwise between the employer and the employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.

23.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks

23.8 Transfer to a safe job

23.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

23.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

23.9 Return to work after period of parental leave

23.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

23.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to safe job pursuant to 23.8 , the employee will be entitled to return to a position they held immediately before such transfer.

23.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

23.10 Replacement Employees

23.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

23.10.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

24. DISPLAY OF AWARD

An up to date copy of this award shall be displayed by each employer in a place accessible to all employees.

25. SUPERANNUATION

25.1 Preamble

25.1.1 Superannuation legislation

25.1.1(a) The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

25.1.1(b) Notwithstanding 25.1.1(a) above, the following provisions shall also apply.

25.2 Definitions

25.2.2 For the purpose of this clause ordinary salary refers to:

25.2.2(a) where the employee is engaged on a full-time or regular part-time basis, the employee’s usual weekly earnings, including loadings and penalty payments paid on a regular basis, but excluding any other penalties and allowances paid on an irregular basis such as overtime, travel, meals and the like, or annual leave loading;

25.2.2(b) where an employee's ordinary salary, as defined in 25.2.2(a), exceeds $100,000 per annum such employee's ordinary salary for the purposes of this clause shall be $100,000.00 per annum.

25.2.2(c) where an employee is engaged on a casual basis, the salary as negotiated for the engagement including casual loading provided under this award but excluding allowances such as overtime, travel, meals and the like.

25.3 Superannuation contributions

25.3.1 In addition to all other payments provided for under this award the employer shall subject to this clause, make a superannuation contribution on behalf of the employee of an amount equivalent to 7% of the employee’s ordinary salary or such other amount as is prescribed from time to time by the Superannuation Guarantee legislation, calculated as follows:-

25.3.1(a) Full-time and regular part-time employees: the average weekly ordinary salary for the month of December in each year. In the case of an employee commencing employment on or after January 1 in any year the contribution until the following November shall be based upon his or her ordinary time earnings in his or her first week of employment.

25.3.1(b) Casual employees: in respect of each employee engaged on a casual basis (provided that such employee has worked shifts equivalent to 20 full day's work within 13 weeks, and with effect only from the time that this requirement is met), 7% of the employee's ordinary time earnings or such other amount as is prescribed from time to time by the Superannuation Guarantee legislation, in each week of employment.

25.3.2 An employer covered by this clause, at the time of engagement, must establish whether the employee is a member of an applicable superannuation scheme. If the employee shows no proof of such membership, the employee shall be required either:

25.3.2(a) To properly complete the necessary application form to become a member of a Fund in order to be entitled to the contributions prescribed in 25.3. The employer shall provide the employee with appropriate explanatory material.

25.3.2(b) Where a contribution is made as prescribed in 25.3, the employer shall forward to the relevant fund administrator the contribution, the name of the employee on whose behalf the contribution is made, and the Superannuation Fund number of the employee or the completed application form.

25.3.2(c) The employer shall remit contributions to the fund on a monthly basis in accordance with the procedures and subject to the requirements of the relevant fund.

25.3.2(d) Notwithstanding the election of an employee not to join a relevant Superannuation Fund where such an employee forwards to the employer a completed superannuation application form within twenty-one days of making the election, the employer shall pay the superannuation contribution as prescribed in 25.3 .

25.3.2(e) In the case of full-time and regular part-time employees, superannuation contributions remain payable pursuant to this clause notwithstanding that an employee is absent from work on approved sick leave, annual leave, long service leave, or other approved paid leave. An employer shall not be required to contribute on behalf of an employee in respect of a period when the employee is absent without pay from his or her employment.

25.3.3 The contributions payable under this clause shall be paid to one of the following funds:

25.3.3(a) Australian Retirement Fund;

25.3.3(b) Journalists Union Superannuation Trust;

25.3.3(c) Any other superannuation scheme of an employer respondent to this award, or related to an respondent, conditional upon the superannuation scheme meeting the requirements of the superannuation legislation.

25.4 Transfer between funds

25.4.1 An employee shall be entitled to transfer their interest in one fund to another fund named in 25.3.3 and to direct the payment of future contributions by the employer to that other fund.

25.4.2 The employee will not be entitled to make such an election within five years after the last notification made by the employee pursuant to this clause. The employer shall only be obliged to make such contributions to the other scheme where the employer has been advised in writing:

25.4.2(a) by the employee of such proposed change;

25.4.2(b) by the Trustee of the employee's present fund that the employee will no longer belong to that fund; and

25.4.2(c) by the Trustee of the other fund that the employee now belongs to this other fund.

25.4.3 Notwithstanding 25.4.2, an employee will be entitled to make such an election before 5 years where exceptional circumstances arise.

26. INDEX OF FACILITATIVE PROVISIONS

26.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by the agreement between an individual employer and the Union and/or an employee, or the majority of employees, in the enterprise or workplace concerned.

26.2 Facilitative provisions in this award are contained in the following clauses:

SCHEDULE 1 - RESPONDENT EMPLOYERS

DECLARATION - AUSTRALIAN CAPITAL TERRITORY AND NORTHERN TERRITORY

[Common rule delcared by S Print M9247 V057]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1988
s.141 application for common rule declaration

Media, Entertainment and Arts Alliance
(C No. 90193 of 1995)

RADIO ANNOUNCERS' COMMERCIAL BROADCASTING AWARD 1976
(ODN C No. 02780 of 1975)
[Print H9087 [R0001]]

Award declared common rule in the Australian Capital Territory and the Northern Territory

DECLARATION

1. That the whole of the terms of Radio Announcers' Commercial Broadcasting Award 1976 be a common rule of the relevant industry in the Australian Capital Territory and the Northern Territory and shall be binding on all employers in the said industry in respect of the employment by them of employees in the classifications for which provision is made in the said award shall be binding
on all such employees.

2. That this declaration shall not apply to any employer in respect of an employee in Public Sector employment.

3. That the foregoing declaration shall operate from 6 December 1995.

** end of text **