Rail Industry Award 2010

Rail Industry Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 29 July 2017 (PR583064).

Clause(s) affected by the most recent variation(s):

Current review matter(s):AM2014/47;AM2014/87;AM2014/190;AM2014/196;AM2014/197;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/13;AM2016/15;AM2016/17;AM2016/8

Table of Contents

[Varied by PR988360,PR994538,PR546288,PR545981,PR583064,PR584147]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Probationary period

12. Termination of employment

13. Redundancy

Part 4—Minimum Wages and Related Matters

14. Classifications and minimum wage rates

15. Allowances and expenses

16. District allowances

17. Accident pay

18. Annualised wage and salary arrangements

19. Superannuation

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work

21. Rostering

22. Breaks

23. Overtime and penalty rates

Part 6—Leave

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

Schedule A—Classification Definitions

Schedule B—School-based Apprentices

Schedule C—Supported Wage System

Schedule D—National Training Wage

Schedule E—Agreement to Take Annual Leave in Advance

Schedule F—Agreement to Cash Out Annual Leave

Schedule G—Agreement for Time Off Instead of Payment for Overtime

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Rail Industry Award 2010.

2. Commencement and transitional

[Varied by PR988360,PR542135]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect.

[2.4 varied by PR542135 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542135 ppc 04Dec13]

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

[2.6 varied by PR542135 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

      (a) on its own initiative;or

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

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

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

3. Definitions and interpretation

[Varied by PR994538,PR997772,PR503617,PR544285,PR545981]

3.1 Unless the context otherwise requires,in this award:

[Definition of Act substituted by PR994538 from 01Jan10]

      Act means the Fair Work Act 2009 (Cth)

[Definition of adult apprentice inserted by PR544285 ppc 01Jan14]

      adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship

      afternoon shift means a shift that commences before 6.00 pm and concludes after 6.30 pm

[Definition of agreement-based transitional instrument inserted by PR994538 from 01Jan10]

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

[Definition of award-based transitional instrument inserted by PR994538 from 01Jan10]

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

      base rate of pay is as defined in the NES

[Definition of Commission deleted by PR994538 from 01Jan10]

[Definition of default fund employee inserted by PR545981 ppc 01Jan14]

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

[Definition of defined benefit member inserted by PR545981 ppc 01Jan14]

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

[Definition of Division 2B State award inserted by PR503617 ppc 01Jan11]

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

[Definition of Division 2B State employment agreement inserted by PR503617 ppc 01Jan11]

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

      early morning shift means a shift that commences at or between 4.00 am and 5.30 am

[Definition of employee substituted by PR994538,PR997772 from 01Jan10]

      employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR994538,PR997772 from 01Jan10]

      employer means national system employer within the meaning of the Act

[Definition of enterprise award deleted by PR994538 from 01Jan10]

[Definition of enterprise award-based instrument inserted by PR994538 from 01Jan10]

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

[Definition of NAPSA deleted by PR994538 from 01Jan10]

[Definition of NES substituted by PR994538 from 01Jan10]

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

      night shift means a shift that commences at or between 6.00 pm and 3.59 am

[Definition of on-hire inserted by PR994538 from 01Jan10]

      on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client

      private siding means a siding that is managed,owned or controlled by a person,other than a person who manages the rail infrastructure with which the siding connects or to which it has access,but does not include the following:

      (a) a marshalling yard;

      (b) a crossing loop;

      (c) a passenger terminal;or

      (d) a freight terminal

      rail infrastructure means the facilities that are necessary to enable a railway to operate safely and includes,but is not limited to:

      (a) railway tracks and associated track structures;

      (b) service roads,signalling systems,communications systems,rolling stock control systems and data management systems;

      (c) notices and signs;

      (d) electrical power supply and electric traction systems;

      (e) associated buildings,workshops,depots and yards;and

      (f) plant,machinery and equipment;

      but does not include rolling stock

      Rail Infrastructure Manager means the person who has effective management and control of rail infrastructure,whether or not the person:

      (a) owns the rail infrastructure;or

      (b) has a statutory or contractual right to use the rail infrastructure or to control,or provide access to it

      Rail Transport Operator means a Rail Infrastructure Manager and/or Rolling Stock Manager

      Rolling Stock Manager means a person who has effective management and control of the operation or movement of rolling stock on rail infrastructure for a particular railway

      shiftwork means work performed by shiftworkers

      shiftworker means an employee who is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays

      standard rate per hour means the minimum weekly wage for a Level 4 technical and civil infrastructure employee in clause 14.1 divided by 38

      standard rate means the minimum weekly wage for a Level 4 technical and civil infrastructure employee in clause 14.1

[Definition of transitional minimum wage instrument inserted by PR994538 from 01Jan10]

      transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

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

4. Coverage

[Varied by PR994538]

4.1 This industry award covers employers throughout Australia who are Rail Transport Operators and their employees in the classifications listed in clause 14.1 to the exclusion of any other modern award.

4.2 This award does not cover employers and employees:

      (a) predominantly engaged in operations,which may include the transport of freight and/or passengers,on private sidings that do not form part of a main freight or passenger line;

      (b) engaged in the construction,maintenance or operation of a railway on a sugar mill rail network or sugar mill private siding which do not form part of a main freight or passenger line;

      (c) engaged solely in the transportation,handling and loading of metals,minerals,ores or substances using the plant or infrastructure (including rail and/or ports) of the mine operator or a related company;

      (d) engaged in operations on a mining lease or tenement which do not form part of a main freight or passenger line;

      (e) engaged in the design,construction,fabrication or maintenance of rail infrastructure or rolling stock,except where such activities are conducted by a Rail Transport Operator;

      (f) engaged in the provision of light rail,monorail or tram services;

      (g) engaged principally in the provision of tourist and/or heritage rail services;

      (h) engaged in the provision of amusement park or related operations;

      (i) engaged in the provision of road transport where the transport is not operated by a Rail Transport Operator;

      (j) engaged in the provision of ship or other transport;or

      (k) engaged in the operation of freight terminals,where the terminal is not operated by a Rail Transport Operator.

[4.3 substituted by PR994538 from 01Jan10]

4.3 This award does not cover:

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

      (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.

[New 4.4 and 4.5 inserted by PR994538 from 01Jan10]

4.4 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

[4.4 renumbered as 4.6 by PR994538 from 01Jan10]

4.6 Where an employer is covered by more than one award,an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

      NOTE:Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

[Varied by PR994538,PR542135]

7.1 Notwithstanding any other provision of this award an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

      (a) arrangements for when work is performed;

      (b) overtime rates;

      (c) penalty rates;

      (d) allowances;and

      (e) leave loading.

[7.2 varied by PR542135 ppc 04Dec13]

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

7.3 The agreement between the employer and the individual employee must:

      (a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

[7.3(b) substituted by PR994538 from 01Jan10;varied by PR542135 ppc 04Dec13]]

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

[7.4 substituted by PR994538 from 01Jan10]

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

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

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

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

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

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

[7.5 deleted by PR994538 from 01Jan10]

[7.6 renumbered as 7.5 by PR994538 from 01Jan10]

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

[New 7.6 inserted by PR994538 from 01Jan10]

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

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

7.8 The agreement may be terminated:

[7.8(a) varied by PR542135 ppc 04Dec13]

      (a) by the employer or the individual employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

      (b) at any time,by written agreement between the employer and the individual employee.

[Note inserted by PR542135 ppc 04Dec13]

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

[New 7.9 inserted by PR542135 ppc 04Dec13]

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

[7.9 renumbered as 7.10 by PR542135 ppc 04Dec13]

7.10 The right to make an agreement pursuant to this clause is in addition to,and is not intended to otherwise affect,any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

8. Consultation

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

8.1 Consultation regarding major workplace change

      (a) Employer to notify

      (i) Where an employer has made a definite decision to introduce major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must notify the employees who may be affected by the proposed changes and their representatives,if any.

      (ii) Significant effects include termination of employment;major changes in the composition,operation or size of the employer’s workforce or in the skills required;the elimination or diminution of job opportunities,promotion opportunities or job tenure;the alteration of hours of work;the need for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

      (b) Employer to discuss change

      (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

      (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).

      (iii) For the purposes of such discussion,the employer must provide in writing to the employees concerned and their representatives,if any,all relevant information about the changes including the nature of the changes proposed,the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

8.2 Consultation about changes to rosters or hours of work

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

      (b) The employer must:

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

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

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

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

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

9. Dispute resolution

[Varied by PR994538,PR542135]

9.1 In the event of a dispute about a matter arising under this award,or in relation to the NES,in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute,the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

[9.2 varied by PR994538,PR542135 ppc 04Dec13]

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

[9.3 varied by PR994538,PR542135 ppc 04Dec13]

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

[9.4 varied by PR994538,PR542135 ppc 04Dec13]

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

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

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

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Probationary period

12. Termination of employment

13. Redundancy

10. Types of employment

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

10.1 Full-time employment

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

10.2 Part-time employment

      (a) A part-time employee is an employee who:

      (i) is engaged to work an average of fewer than 38 ordinary hours per week;and

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

      (b) For each hour worked,a part-time employee will be paid no less than 1/38th of the minimum weekly rate of pay for their classification in clause 14Classifications and minimum wage rates.

      (c) Before commencing part-time employment the employee and employer must agree upon the number of hours to be worked each day,the days of the week the employee will work and the starting and finishing times each day.

      (d) All time worked in excess of the agreed hours will be paid at the appropriate overtime rate.

10.3 Casual employment

      (a) A casual employee is one engaged and paid as such. A casual employee’s ordinary hours of work are the lesser of 38 hours per week or the hours required to be worked by the employer.

      (b) For each hour worked,a casual employee will be paid no less than 1/38th of the minimum weekly rate of pay for their classification in clause 14,plus a casual loading of 25%.

      (c) The casual loading is paid instead of annual leave,paid personal/carer’s leave,notice of termination,redundancy benefits and the other attributes of full-time or part-time employment. The loading constitutes part of the casual employee’s all purpose rate.

11. Probationary period

11.1 An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee’s suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which is to be either:

      (a) three months or less;or

      (b) more than three months and is reasonable,having regard to the nature and circumstances of the employment.

11.2 A probationary employee is for all purposes of the award a full-time or part-time employee.

11.3 Probationary employment forms part of an employee’s period of continuous service for all purposes of the award,except where otherwise specified in this award.

12. Termination of employment

12.1 Notice by the employer

      Notice of termination is provided for in the NES.

12.2 Notice of termination by an employee

      The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination,under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by the clause less any period of notice actually given by the employee.

12.3 Job search entitlement

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

13. Redundancy

[Varied by PR994538,PR503617,PR561478]

[13.1 varied by PR994538 from 01Jan10]

13.1 Redundancy pay is provided for in the NES.

13.2 Transfer to lower paid duties

[13.2 varied by PR994538 from 01Jan10]

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

13.3 Employee leaving during notice period

      An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice,but is not entitled to payment instead of notice.

13.4 Job search entitlement

      (a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

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

      (c) This entitlement applies instead of clause 12.3.

13.5 Transitional provisions –NAPSA employees

[13.5 substituted by PR994538;renamed by PR503617;deleted by PR561478 ppc 05Mar15]

13.6 Transitional provisions –Division 2B State employees

[13.6 inserted by PR503617;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

14. Classifications and minimum wage rates

15. Allowances and expenses

16. District allowances

17. Accident pay

18. Annualised wage and salary arrangements

19. Superannuation

14. Classifications and minimum wage rates

[Varied by PR994538,PR997896,PR509046,PR522877,PR536680,PR544285,PR551603,PR559297,PR566683,PR579775,PR592110,PR593811]

14.1 Adult employees

[14.1(b) varied by PR997896,PR509046,PR522877,PR536680,PR551603,PR566683,PR579775,PR592110 ppc 01Jul17]

      (b) A full-time adult employee must be paid a minimum weekly rate as set out below:

    Clerical,Administration and Professional (C.A.P.)

    Minimum Weekly Rate

    $

    Annual Salary Equivalent

    $

    Level 1

    Rail Worker (C.A.P.)

    732.60

    38,217

    Level 2

    Rail Worker (C.A.P.)

    793.60

    41,399

    Level 3

    Rail Worker (C.A.P.)

    824.10

    42,991

    Level 4

    Rail Worker (C.A.P.)

    860.60

    44,895

    Level 5

    Rail Worker (C.A.P.)

    933.80

    48,713

    Level 6

    Rail Worker (C.A.P.)

    1000.90

    52,214

    Level 7

    Rail Worker (C.A.P.)

    1061.80

    55,391

    Level 8

    Rail Worker (C.A.P.)

    1195.90

    62,386

    Level 9

    Rail Worker (C.A.P.)

    1433.70

    74,791

    Operations (Op)

    Minimum Weekly Rate

    $

    Annual Salary Equivalent

    $

    Level 1

    Rail Worker (Op)

    694.90

    36,251

    Level 2

    Rail Worker (Op)

    738.80

    38,541

    Level 3

    Rail Worker (Op)

    818.10

    42,678

    Level 4

    Rail Worker (Op)

    897.40

    46,814

    Level 5

    Rail Worker (Op)

    982.70

    51,264

    Level 6

    Rail Worker (Op)

    1050.40

    54,796

    Technical and Civil Infrastructure (T.C.I.)

    Minimum Weekly Rate

    $

    Level 1

    Rail Worker (T.C.I.)

    714.50

    Level 2

    Rail Worker (T.C.I.)

    742.20

    Level 3

    Rail Worker (T.C.I.)

    767.70

    Level 4

    Rail Worker (T.C.I.)

    809.10

    Level 5

    Rail Worker (T.C.I.)

    845.00

    Level 6

    Rail Worker (T.C.I.)

    882.60

    Level 7

    Rail Worker (T.C.I.)

    952.20

14.2 Junior employees

      Where the law permits junior employees to perform work in the rail industry,the junior employee will be entitled to the percentage of the applicable adult weekly wage (in the case of part-time or casual employees the hourly rate) for their classification as set out in the table below:

    Age

    % of adult rate

    16 years or less

    75

    At 17 years

    85

    At 18 years

    100

14.3 Apprentices and trainees

[14.3 varied by PR994538;substituted by PR544285 ppc 01Jan14]

[14.3(a) varied by PR559297 ppc 01Jan15;substituted by PR593811 ppc 01Jul17]

      (a) The terms of this award apply to apprentices and trainees,subject to the provisions of an applicable contract of apprenticeship or training agreement operating under federal,State or Territory apprenticeship or training legislation.

[14.3(b) substituted by PR593811 ppc 01Jul17]

      (b) National training wage

      (i) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

      (ii) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Rail Industry Award 2010 and not the Miscellaneous Award 2010.

      (c) Apprentices who commenced before 1 January 2014 will be entitled to the percentage of the applicable adult weekly wage for their classification as set out in the table below:

    Year of apprentice

    % of adult rate

    1st year

    45

    2nd year

    55

    3rd year

    75

    4th year

    88

[14.3(d) substituted by PR566683 ppc 01Jul15]

      (d) Apprentices who commenced their apprenticeship on or after 1 January 2014 will be entitled to the percentage of the applicable adult weekly wage for their classification as set out in the table below:

    Year of Apprenticeship

    Not completed year 12

    Completed year 12

     

    % of rate for Level 4 Rail Worker (TCI) or Level 3 (Operations)

    1st year

    50

    55

    2nd year

    60

    65

    3rd year

    75

    75

    4th year

    88

    88

      (e) Adult apprentices

      (i) 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 rate prescribed for either Level 4 Rail Worker (TCI) or Level 3 (Operations) (whichever is applicable),or the rate prescribed by clause 14.3(d) for the relevant year of the apprenticeship,whichever is the greater.

      (ii) 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 14.1Adult employees,or the rate prescribed by clause 14.3(d) for the relevant year of the apprenticeship,whichever is the greater.

      (iii) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement,provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 14.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

[14.3(f)—Apprentice conditions of employment inserted by PR559297 ppc 01Jan15]

      (f) Apprentice conditions of employment

      (i) 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 this clause 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.

      (ii) For the purposes of clause 14.3(f)(i) 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 this subclause,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

      (iii) The amount payable by an employer under clause 14.3(f)(i) 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.

      (iv) 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,shall be reimbursed by the employer within six months of the commencement of the apprenticeship or the relevant stage of the apprenticeship,or within three months of the commencement of the training provided by the RTO,whichever is the later,unless there is unsatisfactory progress.

      (v) An employer may meet its obligations under clause 14.3(f)(iv) by paying any fees and/or cost of textbooks directly to the RTO.

      (vi) An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in,or associated with,the training contract.

      (vii) 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. This subclause operates subject to the provisions of Schedule B—School-based Apprentices.

      (viii) 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.

14.4 School-based apprentices

14.5 Supported wage system

15. Allowances and expenses

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

[Varied by PR990845,PR994538,PR998118,PR509168,PR522998,PR536801,PR551724,PR566825,PR579520,PR592273]

15.1 Expenses incurred in the course of employment—applicable to all employees

[15.1—Allowances and expenses renamed as Expenses incurred in the course of employment—applicable to all employees by PR994538 from 01Jan10]

      (a) Meal allowance

[15.1(a) varied by PR998118,PR509168,PR522998,PR536801,PR551724,PR566825,PR579520,PR592273 ppc 01Jul17]

      Employees who work more than two hours’overtime in a minimum of 10 hours on duty will be paid an allowance of $16.08.

      (b) Tool allowance

[15.1(b) varied by PR998118,PR579520,PR592273 ppc 01Jul17]

      A tradesperson required to provide and maintain the tools ordinarily required by that trade in the performance of work as a tradesperson must be paid a tool allowance of $17.82 per week which must be included in and form part of the employee’s ordinary rate of pay.

      (c) Relocation allowance

      Employees who are required by the employer to permanently transfer to a new location which requires the employee to move house will be reimbursed all reasonable and necessary out-of-pocket expenses for:

[15.1(c)(i) varied by PR994538 from 01Jan10]

      (i) once only travel to the new location for the employee,spouse or de facto partner and dependents;

      (ii) costs of removal and relocation,including furniture and effects,legal costs for sale and/or purchase of new dwellings;and

      (iii) if unable to find permanent accommodation,reasonable payment of rent at temporary accommodation for a period of six weeks.

      (d) Travel and incidentals

      Employees who are required by their employer to undertake work away from their normal workplace which does not enable a return to their home will be reimbursed for the reasonable and necessary cost of the expenses they incur.

15.2 Allowances for responsibilities or skills that are not taken into account in rates of pay—applicable to all employees

[15.2—Allowances for responsibilities or skills that are not taken into account in rates of pay renamed as Allowances for responsibilities or skills that are not taken into account in rates of pay—applicable to all employees by PR994538 from 01Jan10]

      (a) First aid allowance

      An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid a weekly allowance of 1.9% of the standard rate if appointed by the employer as a first aid officer.

      (b) Higher duties allowance

      An employee performing the tasks,role and responsibilities of an employee at a higher classification on a temporary basis for one shift (or day,whichever is appropriate) must be paid at the higher wage rate for the period they perform those duties.

      (c) On-call allowance

      (i) Where the employer requires an employee to be on call during a period off duty,the employee will be entitled to be paid an allowance of 6.5% of daily rate calculated by reference to the standard rate each night or 16.3% of the daily rate calculated by reference to the standard rate when on call for a day and a night.

      (ii) An employee on call means that such employee has been instructed,prior to ceasing duty,that the employee is or may be required to perform duty by way of receiving or making telephone calls,or to return to duty,before the next normal time of commencing duty.

      (iii) The provisions of this clause do not apply to an employee who is not eligible for payment of overtime,except with the approval of the employer,or whose private telephone rental and local telephone call charges are paid by the employer.

15.3 Expenses incurred in the course of employment—applicable to technical and civil infrastructure employees

[15.3–Expenses incurred in the course of employment renamed as Expenses incurred in the course of employment—applicable to technical and civil infrastructure employees by PR994538 from 01Jan10]

      (a) Reimbursement for damage to personal property and supply of protective equipment

      (i) Damage to clothing,spectacles,hearing aids and tools

        Except where the clothing or item is paid for by the employer:

        ●Compensation must be made by an employer to an employee to the extent of the damage sustained where,in the course of work,clothing,spectacles,hearing aids or tools of trade are damaged or destroyed by fire or molten metal or through the use of corrosive substances. The employer’s liability in respect of tools is limited to the tools of trade which are ordinarily required for the performance of the employee’s duties. Compensation is not payable if an employee is entitled to workers compensation in respect of the damage.

        ●Where an employee as a result of performing any duty required by the employer,and as a result of negligence of the employer,suffers any damage to or soiling of clothing or other personal equipment,including spectacles and hearing aids,the employer is liable for the replacement,repair or cleaning of such clothing or personal equipment including spectacles and hearing aids.

      (ii) Protective clothing and equipment allowance

        Where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory,the employer must reimburse the employee for the cost of purchasing such special clothing and equipment.

15.4 Allowances and special rates for responsibilities,skills or disabilities that are not taken into account in rates of pay—applicable to technical and civil infrastructure employees

[15.4—Allowances and special rates responsibilities,skills or disabilities that are not taken into account in rates of pay renamed as Allowances and special rates for responsibilities,skills or disabilities that are not taken into account in rates of pay—applicable to technical and civil infrastructure employees by PR994538 from 01Jan10]

      Special rates:subject to clauses 15.4(a) and (b),the following rates must be paid to an employee including an apprentice and a junior:

      (a) Rates not cumulative

      (i) Where more than one of the disabilities set out in clause 15.4 entitles an employee to extra rates,the employer must pay only one rate,namely the highest rate for the applicable disabilities.

      (ii) Provided that this does not apply in relation to wet places,confined spaces,dirty work or height money,the rates for which are cumulative.

      (b) Special rates are not subject to penalty additions

      The rates in this clause must be paid irrespective of the times at which the work is performed,and are not subject to any premium or penalty additions.

      (c) Wet places

      (i) An employee working in any place where their clothing or boots become saturated by water,oil or another substance,must be paid 2.9% of the standard rate per hour extra. Any employee who becomes entitled to this extra rate must be paid such rate only for the part of the day or shift that they are required to work in wet clothing or boots.

      (ii) This clause does not apply to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.

      (d) Confined spaces

      An employee working in a confined space must be paid 3.8% of the standard rate per hour extra.

      (e) Dirty work

      Where an employee and their supervisor agree that work is of an unusually dirty or offensive nature,the employee must be paid 2.9% of the standard rate per hour extra.

      (f) Height money

[15.4(f) varied by PR994538 from 01Jan10]

      An employee other than a linesperson,linesperson’s assistant or rigger and splicer,engaged in the construction,erection,repair and/or maintenance of structures at a height in each case of 15 metres or more directly above the nearest horizontal plane is to be paid 2.1% of the standard rate per hour extra.

      (g) Insulation materials

      An employee handling loose slag wool,loose insulwool or other loose material of a like nature used for providing insulation against heat,cold or noise,must be paid 3.8% of the standard rate per hour extra.

      (h) Explosive powered tools

      An employee required to use explosive powered tools must be paid per day 7.5% of the standard rate per hour extra. Where an hourly rate is required,it is calculated by dividing the rate by 7.6.

      (i) Foundry allowance

      (i) An employee working in a foundry must be paid an allowance of 2.2% of the standard rate per hour extra for each hour worked to compensate for all disagreeable features associated with foundry work including heat,fumes,atmospheric conditions,sparks,dampness,confined spaces and noise.

      (ii) The foundry allowance is payable instead of any payment otherwise due under clause 15.4.

      (iii) For the purposes of this clause foundry work means any operation in the production of castings by casting metal in a mould made of sand,loam,metal,moulding composition or other material or mixture of materials,or by shell moulding,centrifugal casting or continuous casting and,where carried on as an incidental process in connection with and in the course of the aforementioned production,the preparation of moulds and cores (but not in the making of patterns and dies in a separate room),knock out processes and dressing operations,but does not include any operations performed in connection with:

        ●non-ferrous die casting (including gravity and pressure);

        ●casting of billets and/or ingots in metal moulds;

        ●continuous casting of metal into billets;

        ●melting of metal for use in printing;or

        ●refining of metal.

      (iv) An employee is not entitled to be paid the foundry allowance for any work in a foundry during any period that foundry production is not being carried out,with the exception of any work carried out within the eight hour period immediately following the cessation of foundry production.

15.5 Method of adjusting expense related allowances

[15.5 substituted by PR994538 from 01Jan10;varied by PR522998 ppc 01Jul12]

      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.

      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

   

16. District allowances

[Varied by PR994538;deleted by PR561478 ppc 05Mar15]

17. Accident pay

[Varied by PR994538,PR503617;deleted by PR561478 ppc 05Mar15]

18. Annualised wage and salary arrangements

[18.1 varied by PR994538]

18.1 An employer and an employee may agree to enter into an annualised salary arrangement instead of any or all of the following provisions of this award:

18.2 Where an annualised salary is paid the employer must specify in writing the annual salary that is payable and what provisions of this award will not apply as a result of the annualised salary arrangement.

18.3 The annual salary must be no less than the amount the employee would have been entitled to receive under the rates and allowances prescribed by this award. The annual salary is paid in full satisfaction of any obligation to otherwise make payments to the employee under this award and may be relied upon to set off any such obligation,whether of a different character or not.

18.4 In addition to the requirements of clause 18.3,any written agreement under this clause must specify each separate component of the annualised wage or salary arrangement and any overtime or penalty assumptions and calculations commuted into the annualised arrangement.

[18.5 varied by PR994538 from 01Jan10]

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

18.6 The agreement may be terminated:

[18.5(a) renumbered as 18.6 by PR994538 from 01Jan10]

      (a) by the employer or the employee giving 12 months’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

      (b) at any time,by written agreement between the employer and the individual employee.

19. Superannuation

[New 19 inserted by PR545981]

19.1 Superannuation contributions for defined benefit members

      An employer is permitted to make superannuation contributions to a superannuation fund or scheme in relation to a default fund employee who is a defined benefit member of the fund or scheme.

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work

21. Rostering

22. Breaks

23. Overtime and penalty rates

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

20. Ordinary hours of work

[Varied by PR994538;19 renumbered as 20 by PR545981 ppc 01Jan14]

[19.1 varied by PR994538 from 01Jan10]

20.1 This clause supplements Division 3 of the NES which deals with maximum weekly hours.

20.2 The ordinary hours of a full-time,part-time or casual employee will be in accordance with clause 10Types of employment.

[19.3 varied by PR994538 from 01Jan10]

20.3 For the purposes of s.63 of the Act,an employee’s weekly hours may be averaged over a period of up to 16 weeks.

20.4 The ordinary hours of work for a day worker in a Clerical,Administration and Professional classification may be worked between 6.00 am and 6.30 pm. The ordinary hours of work for a day worker in a Technical and Civil Infrastructure classification may be worked between 6.00 am and 6.30 pm.

20.5 An employer and the majority of affected employees may agree to alter the spread of hours in clause 20.4.

20.6 Employees may be required to work up to 10 ordinary hours per day. If the employer and majority of affected employees agree,up to 12 ordinary hours per day may be worked.

21. Rostering

[20 renumbered as 21 by PR545981 ppc 01Jan14]

21.1 The employer may change shift rosters or require an employee to work a different shift roster at the direction of the employer where operational circumstances require. The employer will provide the employee with as much notice as practicable prior to any change in the roster and,wherever possible,the employer will consult with the employee before any change to the roster is made.

21.2 The employer will arrange overtime work or shiftwork in a manner that ensures employees are provided with a break between work on successive days or shifts. The minimum break will reflect the operational requirements and conform to the principles of fatigue management.

22. Breaks

[21 renumbered as 22 by PR545981 ppc 01Jan14]

An employee may be rostered for an unpaid meal break of not less than 30 minutes during the course of an eight hour shift provided that it does not interfere with operational requirements. Where an unpaid meal break is provided,the employee,where practical,should not be required to work more than five hours without a break.

23. Overtime and penalty rates

[Varied by PR994538;22 renumbered as 23 by PR545981 ppc 01Jan14;varied by PR584147]

23.1 Overtime and penalties exclusion

      (a) An employee within the Clerical,Administrative and Professional classifications engaged on a base rate of pay per annum that is at or above Level 7 will not be entitled to overtime.

      (b) An employee working on a Saturday,Sunday or public holiday or working overtime will not receive a payment of a shift penalty.

23.2 Except as provided otherwise in this clause employees will be entitled to be paid:

      (a) A loading of 50% of the ordinary hourly base rate of pay for the first three hours,and 100% of the ordinary hourly base rate of pay thereafter for any time worked outside of ordinary hours on a Monday to Friday,except for public holidays.

      (b) For all ordinary hours and overtime worked between midnight Friday and midnight Saturday a loading of 50% of the ordinary hourly base rate of pay.

      (c) For a minimum of four hours if recalled to work overtime after leaving the employer’s premises.

23.3 Time off instead of payment for overtime

[23.3 substituted by PR584147 ppc 22Aug16]

      (a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

      (b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 23.3.

      (c) An agreement must state each of the following:

      (i) the number of overtime hours to which it applies and when those hours were worked;

      (ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

      (iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;

      (iv) that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request.

      Note:An example of the type of agreement required by this clause is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G. An agreement under clause 23.3 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

      (d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

      EXAMPLE:By making an agreement under clause 23.3 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

      (e) Time off must be taken:

      (i) within the period of 6 months after the overtime is worked;and

      (ii) at a time or times within that period of 6 months agreed by the employee and employer.

      (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 23.3 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

      (g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (e),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.

      (h) The employer must keep a copy of any agreement under clause 23.3 as an employee record.

      (i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.

      (j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 23.3 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

      Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

      (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 23.3 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      Note: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 23.3.

23.4 Shift work penalties

[22.4 substituted by PR994538 from 01Jan10]

      (a) For each hour worked whilst on early morning shift or afternoon shift,an employee will be paid a loading of 13.23% of the standard rate per hour.

      (b) For each hour worked whilst on night shift,an employee will be paid a loading of 15.73% of the standard rate per hour.

      (c) For each hour worked whilst on permanent night shift,an employee will be paid a loading of 29.86% of the standard rate per hour.

23.5 Sunday work

      An employee will be paid a loading of 100% of the ordinary hourly base rate of pay for any hours,ordinary and overtime,worked on a Sunday.

23.6 Public holidays

      An employee will be paid a loading of 150% of the ordinary hourly base rate of pay,for any hours,ordinary and overtime,worked on a public holiday.

Part 6—Leave

24. Annual leave

[Varied by PR994538;23 renumbered as 24 by PR545981 ppc 01Jan14;varied by PR583064]

[23.1 varied by PR994538 from 01Jan10]

24.1 This clause of the award supplements Division 6 of the NES which deals with annual leave.

[23.2 varied by PR994538 from 01Jan10]

24.2 For the purposes of Division 6 of the NES a shiftworker as defined in this award and a permanent night shiftworker are entitled to five weeks of paid annual leave.

[23.3 varied by PR994538 from 01Jan10]

24.3 Subject to clause 24.4,when an employee takes a period of paid annual leave,the employee will be paid an annual leave loading of 17.5% of the base rate of pay for the period in addition to the payment required to be made under Division 6 of the NES. The annual leave loading for a shiftworker is 20%.

24.4 Annual leave in advance

[24.4 substituted by PR583064 ppc 29Jul16]

      (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:

      (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

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

      Note:An example of the type of agreement required by clause 24.4 is set out at Schedule E. There is no requirement to use the form of agreement set out at Schedule E.

      (c) The employer must keep a copy of any agreement under clause 24.4 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 24.4,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.

24.5 Excessive leave accruals:general provision

[24.5 substituted by PR583064 ppc 29Jul16]

      Note:Clauses 24.5 to 24.7 contain provisions,additional to the National Employment Standards,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 Fair Work 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 24.2).

      (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 24.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

      (d) Clause 24.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[24.6 inserted by PR583064 ppc 29Jul16]

      (a) If an employer has genuinely tried to reach agreement with an employee under clause 24.5(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 paragraph (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 24.5,24.6 or 24.7 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 paragraph (a) that is in effect.

      (d) An employee to whom a direction has been given under paragraph (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 paragraph (d) may result in the direction ceasing to have effect. See clause 24.6(b)(i).

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

24.7 Excessive leave accruals:request by employee for leave

[24.7 inserted by PR583064;substituted by PR583064 ppc 29Jul17]

      (a) If an employee has genuinely tried to reach agreement with an employer under clause 24.5(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 paragraph (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 24.6(a) that,when any other paid annual leave arrangements (whether made under clause 24.5,24.6 or 24.7 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 paragraph (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 24.5,24.6 or 24.7 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 paragraph (a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 24.2) in any period of 12 months.

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

24.8 Cashing out of annual leave

[24.8 inserted by PR583064 ppc 29Jul16]

      (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.8.

      (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.8.

      (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 24.8 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 24.8 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 24.8 as an employee record.

      Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 24.8.

      Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.8.

      Note 3:An example of the type of agreement required by clause 24.8 is set out at Schedule E. There is no requirement to use the form of agreement set out at Schedule E.

25. Personal/carer’s leave and compassionate leave

[24 varied by PR994538;24 renumbered as 25 by PR545981 ppc 01Jan14]

Personal/carer’s leave and compassionate leave are provided for in Division 7 of the NES.

26. Community service leave

[25 varied by PR994538;25 renumbered as 26 by PR545981 ppc 01Jan14]

Community service leave is provided for in Division 8 of the NES.

Schedule A—Classification Definitions

[Sched A varied by PR997896,PR509046,PR522877,PR536680,PR551603,PR566683,PR579775,PR592110 ppc 01Jul17]

Clerical,Administrative and Professional Classifications

Preamble

Employees at each level may be required to have the competencies for the level or levels below their level. When required,employees at each level will undertake lower level duties as well as performing tasks incidental to work at their level. The employer will ensure employees undertake duties which are within the limits of the employee’s skills,competence and training.

Level

Tasks and Functions

Minimum Weekly Rate

$

1

Employees at this level will include the initial recruit who may have limited relevant experience.

732.60

 

Initially work is performed under close direction using established practices,procedures and instructions.

Employees perform routine clerical and office functions requiring an understanding of clear,straightforward rules or procedures and may be required to operate office equipment.

Employees at this level are responsible and accountable for their own work within established routines,methods and procedures and the less experienced employee’s work may be subject to checking at all stages.

The more experienced employee may be required to give assistance to less experienced employees in the same classification.

 

2

Employees at this level are responsible and accountable for their own work which is performed within established guidelines and processes.

793.60

 

In some situations detailed instructions may be necessary.

The employees may be required to exercise limited judgment and initiative within the range of their skills,training and knowledge.

The work of these employees may be subject to progress and final checking.

Employees may be required to check the work of and/or provide guidance to other employees at a lower level and/or provide assistance to less experienced employees at the same level.

Employees at this level may have a certification in a relevant area of their duties.

 

3

Employees at this level have achieved a standard to be able to perform some specialised or routine tasks or features of the work.

824.10

 

Employees require only general guidance or direction and there is scope for the exercise of limited initiative,discretion and judgment in carrying out their assigned duties.

Such employees may be required to give assistance and/or guidance (including guidance in relation to quality of work and which may require some allocation of duties) to employees in Levels 1 and 2.

Employees at this level would be able to train Level 1 and 2 employees by means of personal instruction and demonstration.

Employees will hold an associate diploma or equivalent allowing them to perform the specialised tasks.

This level will include university graduates within their first and second year post graduation with no prior industry relevant experience.

 

4

Employees at this level will have achieved a level of organisational or industry specific knowledge sufficient for them to give general advice and/or information to the organisation and clients in relation to specific areas of their responsibility.

860.60

 

They would require only limited guidance or direction and would normally report to more senior staff as required.

They will exercise initiative,discretion and judgment at times in the performance of their duties.

Whilst not a prerequisite,a principal feature of this level is supervision of employees in lower levels in terms of responsibility for the allocation of duties,co-ordinating work flow,checking progress,quality of work and resolving problems.

They are able to train employees in Levels 1 to 3 by personal instruction and demonstration.

Employees at this level will have relevant tertiary qualifications or equivalent.

 

5

Employees will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to advise on a range of activities.

933.80

 

Employees at this level will contribute,as required,to the determination of objectives,within the relevant field(s) of their expertise.

They are responsible and accountable for their own work.

They may have delegated responsibility for the work under their control or supervision,in terms of scheduling workloads,resolving operations problems and monitoring the quality of work produced.

They may be required to counsel staff for performance as well as work related matters.

They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration.

They would also be able to assist in the delivery of training courses.

They often exercise initiative,discretion and judgment in the performance of their duties.

Employees at this level will have relevant tertiary qualifications or equivalent.

 

6

The employee would be undertaking detailed research and analysis,preparing documents such as complex estimates and reports.

1000.90

 

The employee would have specialist and detailed knowledge of systems such as timetabling,network operations and infrastructure configurations,accounting,human resources and applicable legislation.

An employee at this level would be expected to have a high level of verbal and written communication skills and interpersonal skills.

They would have the ability to analyse situations and take corrective action where required,applying problem-solving methodologies where applicable.

Whilst not necessarily working autonomously,the employee would be expected to be responsible for the accuracy and timeliness of their work without direct supervision.

 

7

Employees at this level are subject to broad guidance or direction and would report to more senior staff as required.

1061.80

 

Employees will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to provide specialist advice on a range of activities.

They will be required to contribute to the determination of objectives within the relevant field of their expertise.

They are responsible and accountable for their own work and will have delegated responsibility for the work under their control or supervision in terms of scheduling workloads,resolving operations problems and monitoring the quality of work produced.

They will be required to counsel staff for performance as well as work related matters.

At this level the employee would oversee resources to ensure maximum asset or staff utilisation such as crew rostering or timetable preparation.

The employee may be liaising with external stakeholders and may be preparing strategies to meet financial targets or correct adverse trends or assisting in developing budgets.

They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration.

They are able to undertake the delivery of training courses.

They often exercise initiative,discretion and judgment in the performance of their duties.

Employees at this level will have relevant tertiary qualifications or equivalent.

 

8

The employee would be supervising the day-to-day activities of others and managing their rosters and relief.

1195.90

 

They may be delivering training to others.

Employees at this level will provide expert interpretation of documents and legislation.

The employee would be liaising with senior managers on complex matters and provide specialised reports on payroll or budgets.

The employee would have strong interpersonal skills and an ability to work autonomously.

They would have a high level of knowledge of specialised computer systems.

The employee can be expected to have four years post-tertiary qualifications experience or equivalent in their specialised area.

 

9

The employee will provide guidance and direction to staff supervising others. The employee will have high level specialised skills.

1433.70

Operations Classifications

Preamble

Employees at each level may be required to have the competencies for the level or levels below their level. When required,employees at each level will undertake lower level duties as well as performing tasks incidental to work at their level. The employer will ensure employees undertake duties which are within the limits of the employee’s skills,competence and training.

Level

Tasks and Functions

Minimum Weekly Rate

$

1

Employees at this level undertake and successfully complete standard induction training and will be required to:

694.90

 

Be responsible for personal safety and use the protective equipment provided to perform work safely.

Undertake a range of functions with a basic knowledge of policies,procedures and guidelines using a sound level of skill to perform the functions.

Perform routine customer service,presentation and operations duties requiring minimal judgment.

Undertake tasks with direct supervision and guidance.

 

2

Employees at this level will be required to:

738.80

 

Perform semi-skilled work using relevant plant and equipment.

Undertake a range of functions with a sound knowledge of policies,procedures and guidelines using a sound level of skill to perform the functions.

Exercise discretion within their skill level and be responsible for the quality of the work.

Provide some supervision of staff undertaking routine customer service,presentation and operations duties.

Be able to implement and direct safe working requirements.

Undertake tasks with supervision and guidance.

 

3

Employees at this level will be required to:

818.10

 

Undertake a range of functions with a detailed knowledge of policies,procedures and guidelines using a substantial level of skill to perform the functions.

Be able to plan tasks and select the appropriate equipment and procedures from known alternatives,taking responsibility for the work of others.

Apply skills and knowledge in complex but routine work situations where discretion and judgment are involved.

Understand and apply quality control techniques.

Have acquired skills and knowledge through completion of relevant trade level qualifications or have the practical experience which has equipped the employee with an equivalent level of skills and knowledge.

Exercise discretion within the scope of this level,undertake tasks with limited supervision and guidance and assist in the provision of on-the-job training.

 

4

Employees at this level will have the level of skill or knowledge required to perform this work through the completion of a post trade certificate or equivalent,or through acquisition of practical skill and knowledge which has equipped the employee with the equivalent level of skill or knowledge. Employees will:

897.40

 

Undertake a range of functions with a detailed knowledge of policies,procedures and guidelines using a substantial level of skill to perform the functions.

Be required to complete work of a non-routine nature requiring the application of the relevant skills and knowledge to new but predictable situations.

Supervise staff undertaking complex but routine work.

Be capable of the safe operation of locomotives and other rolling stock.

Undertake tasks with little supervision and guidance.

 

5

Employees at this level will hold a trade level qualification used in the operations and have acquired additional knowledge by having satisfactorily completed a prescribed post trade course or achievement to the satisfaction of the employer of a comparable standard of skill and knowledge by other means. Employees will:

982.70

 

Undertake a range of functions with extensive knowledge of policies,procedures and guidelines using a high level of skill to perform the functions.

 
 

Be capable of:

providing the day-to-day leadership,direction,co-ordination and supervision of support staff;

working within budgets,co-ordinating or supervising others to optimise team performance;and

training staff in the performance of safety critical operations.

Tasks are undertaken with no supervision.

This level includes a locomotive freight driver when actually in driver only operation on a main line or the driver of a train exceeding 3,000 tonnes but less than 8,000 tonnes.

 

6

Employees at this level hold specialist skills and knowledge in the operations and have completed trade and post trade certificate qualifications or equivalent achievement to the satisfaction of the employer of a comparable standard of skill and knowledge by other means. The employee will:

1050.40

 

Undertake a range of functions with a detailed extensive knowledge of policies,procedures and guidelines using a high level of skill to perform the functions.

Be responsible for the delivery of safety critical operations.

Undertake tasks with no supervision and provide guidance and assistance to others.

Undertake functions including substantial leadership,direction,management and support of staff,but not the overall leadership and management of major/complex locations/terminals.

Be capable of delivering detailed training to others in the performance of complex but predictable functions.

This level includes a locomotive freight driver when actually the driver of a train of 8,000 tonnes.

 

Technical and Civil Infrastructure Classifications

Preamble

Employees at each level may be required to have the competencies for the level or levels below their level. When required,employees at each level will undertake lower level duties as well as performing tasks incidental to work at their level. The employer will ensure employees undertake duties which are within the limits of the employee’s skills,competence and training.

Level

Tasks and Functions

Minimum Weekly Rate

$

1

An employee at this level performs routine duties essentially of a manual nature and to the level of their training. These include:

714.50

 

Performing general labouring and cleaning duties.

Exercising minimal judgment.

Working under direct supervision.

Undertaking structured training so as to enable them to work at a Level 1.

Observes and applies all relevant rules,regulations,and instructions including attendance policies and instructions,rostered hours,wearing protective clothing,footwear and equipment,and safety and safeworking notices or instructions.

 

2

An employee at this level:

742.20

 

Works in accordance with standard operating procedures and established criteria.

Works under direct supervision either individually or in a team environment.

Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults.

Follows safe work practices and can report workplace hazards.

 

3

An employee at this level would have completed a Level I or Level II certificate or equivalent and is:

767.70

 

Responsible for the quality of their own work subject to routine supervision.

Works under routine supervision either individually or in a team environment.

Exercises discretion within their level of skills and training.

Assists in the provision of on-the-job training.

 

4

An employee at this level would possess a trade certificate (Certificate Level III) and is able to exercise the skills and knowledge of their trade so as to enable the employee to perform work within the scope of this level. An employee at this level:

809.10

 

Understands and applies quality control techniques.

Exercises good interpersonal and communication skills.

Exercises discretion within the scope of this level.

Performs work under limited supervision either individually or in a team environment.

Operates lifting equipment incidental to their work.

Performs non-trade tasks incidental to their work.

Performs work which,while primarily involving the skills of the employee’s trade,is incidental or peripheral to the primary task and facilitates the completion of the whole task,provided that such incidental or peripheral work does not require additional formal technical training.

Inspects products and/or materials for conformity with established operational standards.

 

5

An employee at this level would supervise non-trades staff (civil) or have experience in their trade stream and will be undertaking theoretical and practical training to attain qualifications for a Certificate Level IV. An employee at this level:

845.00

 

Provides limited technical guidance.

Prepares technical reports to the level of their competence.

Complies with quality and costs targets.

 

6

An employee at this level would possess a Certificate Level IV and is able to exercise the skills and knowledge of their trade so as to enable the employee to perform work within the scope of this level. An employee at this level:

882.60

 

Is able to provide trade guidance and assistance as part of a work team.

Provides training in conjunction with supervisors and trainers.

Understands and implements quality control techniques.

Works under limited supervision either individually or in a team environment.

Operates lifting equipment incidental to their work.

Performs non-trade tasks incidental to their work.

 

7

An employee at this level:

952.20

 

Provides technical guidance or assistance within the scope of this level.

Prepares reports of a technical nature on tasks or assignments within the employee’s skills and competence.

Has an overall knowledge and understanding of the operating principle of the systems and equipment on which the tradesperson is required to carry out their task.

Acts as a Work Group Leader (signals) or provides system supervision and assists in the provision of on-the-job training in conjunction with supervisors and trainers.

 

   

Schedule B—School-based Apprentices

[Sched B substituted by PR994538;varied by PR544285 ppc 01Jan14]

B.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.

B.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.

B.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.

B.4 For the purposes of clause B.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.

B.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.

B.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.

B.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.

[B.8 substituted by PR544285 ppc 01Jan14]

B.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency based progression if provided for in this award.

[B.9 substituted by PR544285 ppc 01Jan14]

B.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three 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.

[B.10 substituted by PR544285 ppc 01Jan14]

B.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.

B.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule C—Supported Wage System

[Sched C inserted by PR994538 from 01Jan10;varied by PR998748,PR510670,PR525068,PR537893,PR542135,PR551831,PR568050,PR581528,PR592689]

C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

      approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system

      assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

      disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth),as amended from time to time,or any successor to that scheme

      relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

      supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au

      SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate

C.3 Eligibility criteria

C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

C.4 Supported wage rates

C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

    Assessed capacity (clause C.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[C.4.2 varied by PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689 ppc 01Jul17]

C.4.2 Provided that the minimum amount payable must be not less than $84 per week.

C.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.

C.5 Assessment of capacity

C.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.

C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement,and retained by the employer as a time and wages record in accordance with the Act.

C.6 Lodgement of SWS wage assessment agreement

[C.6.1 varied by PR542135 ppc 04Dec13]

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

[C.6.2 varied by PR542135 ppc 04Dec13]

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

C.7 Review of assessment

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

C.8 Other terms and conditions of employment

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

C.9 Workplace adjustment

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

C.10 Trial period

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

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

[C.10.3 varied by PR998748,PR510670,PR525068,PR537893,PR551831,PR568050, PR581528,PR592689 ppc 01Jul17]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $84 per week.

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

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

Schedule D—National Training Wage

[Sched D inserted by PR994538;varied by PR997896,PR509046,PR522877,PR536680,PR545787,PR551603,PR566683,PR579775;deleted by PR593811 ppc 01Jul17]

Schedule E—Agreement to Take Annual Leave in Advance

[Sched E inserted by PR583064]

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 F—Agreement to Cash Out Annual Leave

[Sched E inserted by PR583064]

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 G—Agreement for Time Off Instead of Payment for Overtime

[Sched G inserted by PR584147 ppc 22Aug16]

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started:___/___/20___ ____ am/pm

Date and time overtime ended:___/___/20___ ____ am/pm

Amount of overtime worked:_______ hours and ______ minutes

The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

About this document
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Code:
MA000015
Title:
Rail Industry Award 2010
Effective:
29 Jul 2017
Updated:
9 Aug 2017
Instrument Type:
Modern Award
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