Banking,Finance and Insurance Award 2010

Banking,Finance and Insurance Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 29 July 2017 (PR582967).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/217;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/13;AM2016/15;AM2016/17;AM2016/8

Table of Contents

[Varied by PR988363,PR507824,PR532630,PR544519,PR546288,PR557581,PR573679,PR582967,PR584076]

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. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Annualised salaries

15. School-based apprentices

16. National Training Wage

17. Supported wage system

18. Allowances

19. Accident pay

20. Payment of wages

21. Superannuation

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work

23. Overtime and penalty rates

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classification Structure

Schedule C—School-based Apprentices

Schedule D—Supported Wage System

Schedule E—National Training Wage

Schedule F—2016 Part-day Public Holidays

Schedule G—Agreement to Take Annual Leave in Advance

Schedule H—Agreement to Cash Out Annual Leave

Schedule I—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 Banking,Finance and Insurance Award 2010.

2. Commencement and transitional

[Varied by PR988363,PR542139]

2.1 This award commences on 1 January 2010.

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

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

      ●minimum wages and piecework rates

      ●casual or part-time loadings

      ●Saturday,Sunday,public holiday,evening or other penalties

      ●shift allowances/penalties.

[2.4 varied by PR542139 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 PR542139 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 PR542139 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 PR994548,PR997772,PR503623,PR545986]

3.1 In this award,unless the contrary intention appears:

[Definition of Act substituted by PR994548 from 01Jan10]

      Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994548 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 PR994548 from 01Jan10]

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

[Definition of Commission deleted by PR994548 from 01Jan10]

[Definition of default fund employee inserted by PR545986 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 PR545986 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 PR503623 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 PR503623 ppc 01Jan11]

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

[Definition of employee substituted by PR994548,PR997772 from 01Jan10]

      employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR994548,PR997772 from 01Jan10]

      employer means national system employer within the meaning of the Act

[Definition of enterprise award deleted by PR994548 from 01Jan10]

[Definition of enterprise award-based instrument inserted by PR994548 from 01Jan10]

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

[Definition of enterprise NAPSA deleted by PR994548 from 01Jan10]

[Definition of exempt public sector superannuation scheme inserted by PR545986 ppc 01Jan14]

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

[Definition of MySuper product inserted by PR545986 ppc 01Jan14]

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

[Definition of NAPSA deleted by PR994548 from 01Jan10]

[Definition of NES substituted by PR994548 from 01Jan10]

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

[Definition of on-hire inserted by PR994548 from 01Jan10]

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

      standard rate means the minimum weekly wage for a Level 2 employee in clause 13.1

[Definition of transitional minimum wage instrument inserted by PR994548 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 PR994548]

4.1 This industry award covers employers throughout Australia who are engaged in the banking,finance and insurance industry in respect of work by their employees in a classification in this award and those employees to the exclusion of any other modern award.

4.2 Definition of banking,finance and insurance industry

      Banking,finance and insurance industry means the industries of banking,lending,loaning,providing credit,investment,finance,superannuation,all forms of insurance,credit unions,building societies,financial intermediaries,trustee creditors and agencies,money market dealers,credit or charge card institutions,wool broking,agribusiness and services to the above industries such as broking,trading,debt recovery,financial consulting,valuation,money changing,data processing,transaction accounts,telephone enquiries and transaction processing.

4.3 Exclusions

[4.3 substituted by PR994548 from 01Jan10]

      This award does not cover:

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

      (b) employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees;

      (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;or

      (d) contract call centres covered by the Contract Call Centres Award 2010.

[New 4.4 inserted by PR994548 from 01Jan10]

4.4 This award covers any employer which supplies labour on an on-hire basis in the industries set out in clause 4.2 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 those industries. This subclause operates subject to the exclusions from coverage in this award.

[4.5 inserted by PR994548 from 01Jan10]

4.5 This award covers employers which provide group training services for trainees engaged in the industries and/or parts of industry set out at clause 4.2 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award

[4.4 renumbered as 4.6 by PR994548 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 PR542139]

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 PR542139 ppc 04Dec13]

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

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

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

[7.3(b) varied by PR542139 ppc 04Dec13]

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

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

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

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

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

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

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

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

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

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

7.8 The agreement may be terminated:

[7.8(a) varied by PR542139 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 PR542139 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 PR542139 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 PR542139 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 PR994548,PR542139]

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

[9.2 varied by PR994548,PR542139 ppc 04Dec13]

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

[9.3 varied by PR994548,PR542139 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 PR994548,PR542139 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. Termination of employment

12. 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 ordinary hour worked,a part-time employee will be paid no less than 1/38th of the minimum weekly rate of pay for the relevant classification in clause 13Classifications and minimum wage rates.

      (c) An employer must inform a part-time employee of the ordinary hours of work and starting and finishing times. All time worked at the direction of the employer in excess of these 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 an average 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 13Classifications and minimum wage rates,plus a casual loading of 25%.

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

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

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

11.3 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.

12. Redundancy

[Varied by PR994548,PR503623,PR561478]

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

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

12.3 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.

12.4 Job search entitlement

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

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

      (c) This entitlement applies instead of clause 11.3.

12.5 Transitional provisions –NAPSA employees

[12.5 substituted by PR994548;renamed by PR503623;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503623;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Annualised salaries

15. School-based apprentices

16. National Training Wage

17. Supported wage system

18. Allowances

19. Accident pay

20. Payment of wages

21. Superannuation

13. Classifications and minimum wage rates

[Varied by PR988363,PR990706,PR997963,PR509050,PR522881,PR536684,PR551607,PR566687,PR579780,PR592115]

13.1 Adult employees

[13.1(a) varied by PR997963,PR509050,PR522881,PR536684,PR551607;substituted by PR566687  01Jul15;varied by PR579780,PR592115 ppc 01Jul17]

      (a) A full-time adult employee must be paid a minimum rate for their classification as set out in the table below:

    Level

    Minimum annual salary
    $

    Minimum weekly rate
    $

    Level 1

    38,418

    738.80

    Level 2

    42,073

    809.10

    Level 3

    44,439

    854.60

    Level 4

    46,665

    897.40

    Level 5

    48,558

    933.80

    Level 6

    54,387

    1045.90

13.2 Junior employees

      Where the law permits junior employees to perform work in the banking,finance and insurance 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

    Percentage of adult rate

    %

    16 years or less

    50

    At 17 years

    60

    At 18 years

    70

    At 19 years

    80

    At 20 years

    90

   

14. Annualised salaries

[14 inserted by PR990706 from 01Jan10;varied by PR994548]

14.1 Annual salary instead of award provisions

      (a) An employer may pay an employee an annual salary in satisfaction of any or all of the following provisions of the award:

[14.1(a)(i) varied by PR994548 from 01Jan10]

14.2 Annual salary not to disadvantage employees

      (a) The annual salary must be no less than the amount the employee would have received under this award for the work performed over the year for which the salary is paid (or if the employment ceases earlier over such lesser period as has been worked).

      (b) The annual salary of the employee must be reviewed by the employer at least annually to ensure that the compensation is appropriate having regard to the award provisions which are satisfied by the payment of the annual salary.

14.3 Base rate of pay for employees on annual salary arrangements

      For the purposes of the NES,the base rate of pay of an employee receiving an annual salary under this clause comprises the portion of the annual salary equivalent to the relevant rate of pay in clause 13Classifications and minimum wage rates and excludes any incentive-based payments,bonuses,loadings,monetary allowances,overtime and penalties.

15. School-based apprentices

[Varied by PR988363;14 renumbered as 15 by PR990706 from 01Jan10]

See Schedule C

16. National Training Wage

[New 16 inserted by PR507824 ppc 24Mar11;substituted by PR593815 ppc 01Jul17]

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

16.2 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 Banking,Finance and Insurance Award 2010 and not the Miscellaneous Award 2010.

17. Supported wage system

[15 renumbered as 16 by PR990706,16 renumbered as 17 by PR507824 ppc 24Mar11]

See Schedule D

18. Allowances

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

[16 renumbered as 17 by PR990706;varied by PR994548,PR998164,PR509172,PR523002,PR536805,PR551728,PR561478;17 renumbered as 18 by PR507824 ppc 24Mar11;18 varied by PR561478,PR566829,PR579524,PR592277]

18.1 Allowances are all-purpose allowances only if expressly stated in this clause. Where an employee is paid by the hour,the allowance will be 1/38th of the weekly allowance.

18.2 Allowances for responsibilities or skills that are not taken into account in rates of pay

      (a) First aid allowance

      Where an employer is required by legislation to appoint an accredited first aid officer(s) to perform first aid duties,such appointed employee(s) must be paid 1.84% of the standard rate per week for full-time employees and a pro rata amount for part-time employees.

      (b) Stand-by and call-back allowances

      (i) An employee required to be available by roster for stand-by to perform work outside their ordinary working hours must be paid a stand-by payment at the following rate:

      Days

      Percentage per day of the standard rate

      %

      Monday to Friday inclusive

      2.12

      Saturdays,Sundays and public holidays

      4.33

      (ii) An employee who formally is rostered to stand by and is recalled to work must be paid in accordance with the provisions of clause 23Overtime and penalty rates. For the purposes of assessing the duration of the call-out,time spent on the journey from home to work and from work to home by the most direct route must be included. Provided that the minimum payment for work performed under this clause must be two hours.

      (iii) Where an employee provides their own car,and uses it in connection with the employer’s business in the above circumstances,they must be paid an allowance as provided by clause 18.3(b)(iv) when so using the car. Payment will be calculated on a home to home basis.

      (iv) Where the employee uses public transport,including the use of taxis with the approval of the employer,the fare will be reimbursed.

[17.2(b)(v) varied by PR994548 from 01Jan10]

      (v) An employee while rostered on stand-by duty must be reimbursed for all business calls.

      (vi) An employee who is not formally rostered to stand by but is recalled to work must be paid in accordance with the provision of clause 23Overtime and penalty rates and must be entitled to a minimum payment of two hours at the appropriate overtime rate. The duration of the call-out will be assessed as in 18.2(b)(ii) of this clause.

      (c) Higher duties allowance

      Where an employee is required by the employer to relieve in a job which is at a level higher than the job in which the employee usually works,for a period of more than four consecutive working days,the employee must be paid at least the minimum salary prescribed in this award for the higher job level.

18.3 Allowances for disabilities associated with the performance of particular tasks or work in particular conditions or locations

[18.3 deleted by PR561478 ppc 05Mar15]

18.3 Reimbursement and expense related allowances

[18.4 renumbered as 18.3 by PR561478 ppc 05Mar15]

      (a) Meal allowance

[17.4(a) varied by PR998164;18.4(a) varied by PR509172,PR523002,PR536805,PR551728;18.3(a) varied by PR566829,PR579524,PR592277 ppc 01Jul17]

      An employee must be paid a meal allowance of $16.15,or be provided with a suitable meal if required to work one and a half hours overtime,and the period of overtime extends beyond 6.00 pm. A further allowance of $13.28 must be paid if the overtime exceeds five and a half hours.

      (b) Travelling expenses

      (i) When an employee in the course of their duty,is required to go to any place away from their usual place of employment they must be paid all reasonable expenses actually incurred.

      (ii) When employees,in the course of their duty,are required to travel to any place away from their usual place of employment outside ordinary working hours,they must be paid all reasonable expenses actually incurred plus payment at half the ordinary rate for the time the travelling time exceeds normal travel time from home to work. Provided that no extra payment is payable when an employee is being paid overtime for the time spent travelling.

      (iii) Motor vehicle allowance

[18.4(b)(iii) varied by PR523002,PR536805,PR551728 ppc 01Jul14]

        Any employee required to provide a motor vehicle as a condition of their employment must be paid an allowance of:

       

      Per week
      $

        For a vehicle 1500 cc and under

      101.86

        For a vehicle over 1500 cc

      125.65

[18.4(b)(iv) varied by PR523002,PR536805,PR551728 ppc 01Jul14]

      (iv) Where an employer approves the use by any other employee of a private motor vehicle on a casual or incidental basis,they must be paid an allowance of $0.78 per kilometre travelled.

      (v) Where an employer provides a vehicle they must pay the whole of the cost of the upkeep,registration,insurance,maintenance and running expenses but may deduct from an employee’s salary a contribution towards running costs with respect to private use.

18.4 Adjustment of expense related allowances

[17.5 substituted by PR994548 from 01Jan10;18.5 renumbered as 18.4 by PR561478 ppc 05Mar15]

      (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

      (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

    Motor vehicle allowance

    Private motoring sub-group

   

19. Accident pay

[17 renumbered as 18 by PR990706;varied by PR994548,PR503623;18 renumbered as 19 by PR507824;deleted by PR561478 ppc 05Mar15]

20. Payment of wages

[Varied by PR989301;18 renumbered as 19 by PR990706,19 renumbered as 20 by PR507824 ppc 24Mar11]

20.1 Employees must be paid their salaries weekly or fortnightly as determined by the employer or monthly if mutually agreed. Where payment is made monthly it must be on the basis of two weeks in advance and two weeks in arrears.

20.2 Wages must be paid either by cash,cheque or electronic funds transfer,the method of which will be determined by the employer.

21. Superannuation

[19 renumbered as 20 by PR990706;varied by PR994548,PR500140,PR514728,PR545986;20 renumbered as 21 by PR507824 ppc 24Mar11]

21.1 Superannuation legislation

      (a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,the superannuation fund nominated in the award covering the employee applies.

      (b) The rights and obligations in these clauses supplement those in superannuation legislation.

21.2 Employer contributions

      An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

21.3 Voluntary employee contributions

      (a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 21.2.

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

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

21.4 Superannuation fund

[20.4 varied by PR994548;substituted by PR500140 from 11Aug10;21.4 varied by PR514728 ppc 12Sep11]

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

      (a) CareSuper;

      (b) AustralianSuper;

      (c) Sunsuper;

      (d) HESTA;

      (e) Statewide Superannuation;

      (f) Tasplan;

[21.4(g) deleted by PR545986 ppc 01Jan14]

[21.4(h) deleted by PR545986 ppc 01Jan14]

[21.4(i) renumbered as 21.4(g) by PR545986 ppc 01Jan14]

      (g) NGS Super;

[21.4(j) deleted by PR545986 ppc 01Jan14]

[21.4(k) renumbered as 21.4(h) by PR545986 ppc 01Jan14]

      (h) MTAA Superannuation Fund;

[21.4(l) renumbered as 21.4(i) and varied by PR545986 ppc 01Jan14]

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

[New 21.4(j) inserted by PR545986 ppc 01Jan14]

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

21.5 Absence from work

      Subject to the governing rules of the relevant superannuation fund,the employer must also make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or (b):

      (a) Paid leave—while the employee is on any paid leave.

      (b) Work related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

      (i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements;and

      (ii) the employee remains employed by the employer.

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work

23. Overtime and penalty rates

22. Ordinary hours of work

[20 renumbered as 21 by PR990706;varied by PR992144,PR994548,PR501433,PR501873,PR543670;21 renumbered as 22 by PR507824 ppc 24Mar11]

22.1 Span of hours

[21.1 varied by PR501433 ppc 07Sep10;operative date corrected by PR501873 ppc 07 Sep10]

      The span of ordinary hours will be 7.00 am to 7.00 pm Monday to Friday,and 8.00 am to 12 noon Saturday.

      Provided that on not more than one night per week,which must be specified in advance by the employer,the span of ordinary hours may be worked up to 9.00 pm.

22.2 Ordinary hours of work exclusive of meal breaks will be an average of 38 per week to be worked on one of the following bases:

      (a) 38 hours within a work cycle of one week;

      (b) 76 hours within a work cycle of two weeks;

      (c) 114 hours within a work cycle of three weeks;or

      (d) 152 hours within a work cycle of four weeks.

      Week will mean any five consecutive days to be worked Monday to Friday,or five and a half consecutive days,Monday to Saturday.

[22.3 varied by PR543670 ppc 21Oct13]

22.3 When an employee is asked to work beyond their normal scheduled finishing time and where the usual means of transport is either unavailable,impracticable or unsafe,the employer will arrange suitable transport for the employee between the place of work and the employee’s place of residence provided that where an employee chooses to use their own motor vehicle with the agreement of the employer they must be reimbursed as per clause 18.3(b) of this award.

22.4 Meal and rest breaks

      Meal breaks will be no less than 30 minutes,as determined by the employer provided that an employee will not be called upon to work in excess of five hours without a meal break except where the daily hours to be worked are six hours or less and the employee applies to work for that extended period without such breaks and the employer agrees. Provided further that in emergency circumstances a meal break may be deferred by mutual agreement. All employees will be allowed a rest break or breaks during a working day at a time or times and in a manner agreed between the employer and employee or,if no agreement is reached,as determined by the employer.

22.5 Commencing and ceasing times within the span of hours may be staggered by the employer to improve operational efficiency.

22.6 Make-up time

      Notwithstanding provisions elsewhere in this award,an employer and the majority of employees in a section or sections of an employer’s business may agree to establish a system of make-up time.

      (a) An employee may elect,with the consent of an employer,to work make-up time under which the employee takes time off during ordinary hours,and works those hours at a later time,during the spread of ordinary hours provided in this award.

      (b) An employee on shiftwork may elect,with the consent of their employer,to work make-up time under which the employee takes time off ordinary hours and works those hours at a later time,at the shiftwork rate which would have been applicable to the hours taken off.

      (c) Once a decision has been taken to introduce an enterprise system of make-up time,in accordance with this clause,its terms must be set out in the time and wages records kept pursuant to relevant regulations.

      (d) An employer will record make-up time arrangements in the time and wages book each time this provision is used.

22.7 Rostered days off

      Notwithstanding provisions elsewhere in this award,an employer and the majority of employees at an enterprise may agree to establish a system of rostered days off to provide that:

      (a) an employee may elect,with the consent of an employer to take a rostered day off at any time;

      (b) an employee may elect with the consent of an employer,to take rostered days off in part day amounts;

      (c) an employee may elect,with the consent of an employer,to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed by an employer,or subject to reasonable notice by the employee or an employer;

      (d) once a decision has been taken to introduce an enterprise system of rostered days off flexibility,in accordance with this clause,its terms must be set out in the time and wages records kept pursuant to relevant regulations;and

      (e) an employer will record rostered days off arrangements in the time and wages book at each time this provision is used.

22.8 Shiftwork

      Shiftwork may be worked on the following basis.

      (a) The following definitions will apply in relation to this clause:

      (i) shiftworker means an employee whose ordinary hours of work are worked in accordance with the shifts defined in this clause;

      (ii) afternoon shift means any shift finishing between 6.00 pm and midnight;

      (iii) early morning shift means any shift commencing between 4.00 am and 7.00 am;and

      (iv) night shift means any shift finishing between midnight and 8.00 am.

      Provided that employees who,in accordance with this clause,work ordinary hours up to 9.00 pm on any one night between Monday to Friday inclusive,will not be considered shiftworkers for the purposes of this award.

      (b) The following loadings will apply in relation to the working of shiftwork on Monday to Friday and on Saturday between 8.00 am and 12.00 pm:

      ●afternoon shift at the rate of 20%;

      ●early morning shift at the rate of 12.5%;

      ●night shift at the rate of 25%;and

      ●employees who permanently work afternoon or night shift or a combination thereof will be paid an additional 5% loading.

[21.8(c) varied by PR994548 from 01Jan10]

      (c) Casual and part-time shiftworkers will receive the loading prescribed in this clause.

      Provided that casual and part-time employees who are employed between the hours of 7.00 am and 7.00 pm (and up to 9.00 pm on any one night between Monday to Friday inclusive) in accordance with this clause,will not be considered shiftworkers for the purposes of this award.

      (d) Meal breaks will be of 20 minutes’duration and paid as if worked. An employee will not be called upon to work in excess of five hours without a meal break except where the daily hours to be worked are six hours or less and the employee applies to work for that extended period without such break and the employer agrees. Provided further that in emergency circumstances a meal break may be deferred by mutual agreement.

      (e) An employer may implement such measures as deemed necessary to enable continuity of operations during shift changeovers.

      (f) No employee under 18 years of age will be employed on shiftwork except with the written consent of the employee’s parent/guardian.

      (g) Arrangements for transport for employees finishing or commencing a shift between the hours of 8.00 pm to 6.00 am are to be satisfactorily established by the employer concerned,taking into account the requirements of the particular location,and having regard to any special circumstances.

      (h) Notwithstanding anything contained elsewhere in this award,in any area where,by reason of the legislation of a State summer time is prescribed as being in advance of the standard time of that State the length of any shift:

      (i) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period;and

      (ii) commencing on or before the time prescribed by such legislation for the termination of a summer time period will be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof,the time of the clock in each case to be set to the time fixed pursuant to the relevant State legislation.

      In this clause the expression standard time and summer time will bear the same meaning as are prescribed by the relevant State legislation.

23. Overtime and penalty rates

[21 renumbered as 22 by PR990706;varied by PR992144;22 renumbered as 23 by PR507824 ppc 24Mar11;varied by PR584076]

[22.1 varied by PR994548 from 01Jan10]

23.1 All time worked at the direction of the employer outside ordinary hours of work prescribed by this award,will be paid for at the rate of:

      (a) time and a half for the first three hours and double time thereafter

      (b) double time for all work on Saturday outside an employee’s weekly hours;and

      (c) double time for all work performed on Sunday.

      In computing overtime each day’s work will stand alone.

23.2 An employee working overtime will be allowed a 20 minute paid rest break once the employee has worked five hours since the last rest break.

23.3 Meal breaks may be extended by mutual agreement to a period not exceeding one hour provided that any time taken in excess of the paid break determined by this clause will be unpaid.

23.4 Time off instead of payment for overtime

[23.4 substituted by PR584076 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 23.4.

      (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 I. There is no requirement to use the form of agreement set out at Schedule I. An agreement under clause 23.4 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 23.4 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 23.4 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 23.4 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 23.4 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 23.4 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 23.4.

[23.5 deleted by PR584076 ppc 22Aug16]

[23.7 renumbered as 23.5 by PR584076 ppc 22Aug16]

23.5 An employer may require any employee to work reasonable overtime at overtime rates and such employee will work overtime in accordance with such requirement.

[23.6 deleted by PR584076 ppc 22Aug16]

[23.8 renumbered as 23.6 by PR584076 ppc 22Aug16]

23.6 When overtime work is necessary,it will wherever reasonably practicable,be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.

      An employee (other than a casual employee) who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least 10 consecutive hours off duty between those times will,subject to this clause,be released after completion of such overtime until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

      If on the instruction of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty they must be paid at double rates until they are released from duty for such period. They will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

      The provisions of this clause will apply in the case of shiftworkers as if eight hours were substituted for 10 hours when overtime is worked:

      (a) for the purpose of changing shift rosters;

      (b) where a shiftworker does not report for duty and a day worker or shiftworker is required to replace such shiftworker;or

      (c) where a shift is worked by arrangement between the employees themselves.

      Overtime worked in the circumstances specified in clause 18.2(b) will not be regarded as overtime for the purposes of this clause when the actual time worked is less than two hours on such recall or on each of such recalls.

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Public holidays

24. Annual leave

[22 renumbered as 23 by PR990706,23 renumbered as 24 by PR507824 ppc 24Mar11]

[Varied by PR582967]

24.1 Annual leave is provided for in the NES.

24.2 Definition of shiftworker

      For the purpose of the additional week of annual leave provided for in the NES,a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for seven days a week.

24.3 Annual leave loading

      (a) During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed in clause 13Classifications and minimum wage rates. Annual leave loading payment is payable on leave accrued.

      (b) The loading is as follows:

      (i) Day work

        Employees who would have worked on day work only had they not been on leave—17.5% or the relevant weekend penalty rates,whichever is the greater but not both.

      (ii) Shiftwork

        Employees who would have worked on shiftwork had they not been on leave—17.5% or the shift loadings and relevant weekend penalty rates,whichever is the greater but not both.

24.4 Annual leave in advance

[24.4 renamed and substituted by PR582967 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 G. There is no requirement to use the form of agreement set out at Schedule G.

      (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 Close-down

[24.5 renamed and substituted by PR582967 ppc 29Jul16]

      An employer may require an employee to take annual leave as part of a close-down of its operations,by giving at least four weeks’notice.

24.6 Excessive leave accruals:general provision

[24.6 inserted by PR582967 ppc 29Jul16]

      Note:Clauses 24.6 to 24.8 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 24.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

      (d) Clause 24.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[24.7 inserted by PR582967 ppc 29Jul16]

      (a) If an employer has genuinely tried to reach agreement with an employee under clause 24.6(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 24.6,24.7 or 24.8 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 24.7(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.

24.8 Excessive leave accruals:request by employee for leave

[24.8 inserted by PR582967 ppc 29Jul16;substituted by PR582967 ppc 29Jul17]

      (a) If an employee has genuinely tried to reach agreement with an employer under clause 24.6(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 24.7(a) that,when any other paid annual leave arrangements (whether made under clause 24.6,24.7 or 24.8 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 24.6,24.7 or 24.8 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).

24.9 Cashing out of annual leave

[24.9 inserted by PR582967 ppc 29Jul16]

      (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.9.

      (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.9.

      (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 24.9 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 24.9 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 24.9 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 24.9.

      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 24.9.

      Note 3:An example of the type of agreement required by clause 24.9 is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H.

25. Personal/carer’s leave and compassionate leave

[23 renumbered as 24 by PR990706,24 renumbered as 25 by PR507824 ppc 24Mar11]

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

26. Community service leave

[24 renumbered as 25 by PR990706,25 renumbered as 26 by PR507824 ppc 24Mar11]

Community service leave is provided for in the NES.

27. Public holidays

[25 renumbered as 26 by PR990706,26 renumbered as 27 by PR507824 ppc 24Mar11]

27.1 Public holidays are provided for in the NES.

27.2 An employer and the employees may by agreement substitute another day for a public holiday.

27.3 Work on a public holiday or a substituted day must be paid at double time and a half. Where both a public holiday and substitute day are worked,public holiday penalties are payable on one of those days at the election of the employee. An employee required to work on a public holiday is entitled to not less than four hours pay at the rates prescribed by this clause,provided the employee is available to work for four hours.

Schedule A—Transitional Provisions

[Sched A inserted by PR988363 from 01Jan10;varied by PR990706,PR994548,PR503623]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

[A.1.2 substituted by PR994548 from 01Jan10]

A.1.2 The provisions of this schedule are to be applied:

      (a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

      (b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

      (c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or

      (d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

[A.2.1(b) substituted by PR994548 from 01Jan10]

      (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

      (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

      (b) a piecework rate;and

      (c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

[A.3.1(b) substituted by PR994548 from 01Jan10]

      (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

      (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

      (b) a piecework rate;and

      (c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

      For the purposes of this schedule loading or penalty means a:

      ●casual or part-time loading;

      ●Saturday,Sunday,public holiday,evening or other penalty;

      ●shift allowance/penalty.

A.5 Loadings and penalty rates –existing loading or penalty rate lower

[A.5.1 substituted by PR994548 from 01Jan10]

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

      (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

[A.5.2 substituted by PR994548 from 01Jan10]

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

[A.6.1 substituted by PR994548 from 01Jan10]

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

      (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.

[A.6.2 substituted by PR994548 from 01Jan10]

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

[A.6.3 substituted by PR994548 from 01Jan10]

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

[A.7.1 substituted by PR994548 from 01Jan10]

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

[A.7.3 substituted by PR994548 from 01Jan10]

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

    First full pay period on or after

     

    1 July 2010

    20%

    1 July 2011

    40%

    1 July 2012

    60%

    1 July 2013

    80%

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8 Exemption clauses

A.8.1 This provision applies to an employer which,immediately prior to 1 January 2010:

      (a) was entitled,

      (b) but for the operation of an agreement-based transitional instrument would have been entitled,or

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been entitled

      by a term in an award-based transitional instrument (the exemption clause) to not apply certain provisions of the instrument to an employee paid above a specified rate of pay.

A.8.2 Until 30 June 2010 the exemption clause will continue to apply to an employer of the kind in clause A.8.1 as if the clause were a term of this award and operated in relation to the corresponding provisions of this award rather than the provisions of the instrument.

A.9 Former Division 2B employers

[A.9 inserted by PR503623 ppc 01Jan11]

A.9.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.9.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.9.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.9.4 Despite clause A.9.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.9.5 Despite clause A.9.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.9.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Classification Structure

[Sched A renumbered as Sched B by PR988363 from 01Jan10;varied by PR543670]

B.1 Level 1

      A Level 1 position is one in which employees work within established routines,methods and procedures that are predictable and may require the exercise of limited discretion.

      Typical activities and skills may include but are not limited to:

      ●applying basic office procedures;

      ●operating office equipment;

      ●receiving,sorting,distributing and filing correspondence and documents;

      ●performing basic manual or technical duties;

      ●performing defined data entry/inquiry tasks;and/or

      ●answering enquiries using a general knowledge of the employer’s services.

      Indicative job list—office trainee,filing clerk,mail sorting clerk,switchboard operator,assistant receptionist,messenger,yardhand,canteen worker,cleaner,deposit officer,scanning officer.

B.2 Level 2

      A Level 2 position performs tasks and service requirements given authority within defined limits and employer established guidelines,using a more extensive range of skills and knowledge at a level higher than in Level 1.

      Level 2 employees are responsible for their own work which is performed within established routines,methods and procedures.

      Typical activities and skills may include but are not limited to:

      ●processing of standard documentation;

      ●undertaking cashiering functions;

      ●answering enquiries from members and external parties using a detailed knowledge of specific business activities;

      ●drafting correspondence appropriate to job function;

      ●organising own work schedule;and/or

      ●providing information/assistance to other staff members.

      Indicative job list—telemarketers,sales and service trainees,data processing officers,teller/customer service representatives with less than 12 months experience,entry level claims officer.

B.3 Level 3

      A Level 3 position is one in which tasks and service requirements are performed using a more extensive range of skills and knowledge at a higher level than required in Level 2.

      The position encompasses limited discretion in achieving task outcomes. A level of delegation and authority may be employed consistent with the job function and is performed predominantly within established policies and guidelines.

      Those employed at this level are responsible and accountable for their own work,and may be expected to provide direction to other staff.

      Typical activities and skills may include but are not limited to:

      ●undertaking of projects;

      ●preparing reports and recommendations within their own job function;

      ●drafting of routine correspondence;

      ●administering/maintaining staff records;and/or

      ●delivery and/or co-ordination of learning and development activities.

      Indicative job list—receptionist,loans,processing officer,helpdesk operator,credit analyst,card services operator,contact centre officer,payroll clerk,teller or sales representative with at least 12 months experience,insurance clerk,case manager,account manager,technical officer,statistical clerk.

B.4 Level 4

      A Level 4 position is one in which tasks and service requirements are performed using a more extensive range of skills and knowledge at a level higher than required at Level 3. Those employed at this level are responsible for their own work and any employees under their control.

      Positions at this level require the application of relevant specialist knowledge and experience.

      Those employed at this level would be required to advise on a range of activities and contribute to the determination of objectives within the required area of expertise.

      Typical activities and skills may include but are not limited to:

      ●managing and maintaining service standards;

      ●overseeing day-to-day operations of functional areas of responsibilities;

      ●implementing and maintaining effective controls;

      ●initiating disciplinary processes;

      ●assisting with the recruitment and selection of staff;and/or

      ●preparing of reports.

      Indicative job list—human resource officer,learning and development officer,compliance officer,personal assistant,assistant accountant,accounts officer,claims officer,assistant underwriter,customer relationship manager,settlement officer,collections officer,lending officer,administrative officer,personal lending relationship officer,personal banker,customer service specialist agency officer,branch services officer,senior case manager,entry level team leader,senior technical officer.

B.5 Level 5

      A Level 5 position is one in which tasks,service requirements and supervisory functions are performed using a more extensive range of skills and knowledge at a higher level than required at Level 4.

      The position may be:

      (a) a specialised role,possibly supported by one or two junior staff members,requiring formal qualifications and/or specialised vocational training;and/or

      (b) a managerial role (managing 5–10 people) responsible for the operation of part or parts of the employer’s business.

      Those employed at this level exercise considerable discretion and/or are responsible for operational planning.

      Indicative job list—human resources consultant,senior learning and development officer,accountant,senior claims officer,analyst programmer,fraud investigator,call centre team leader,credit controller,administration manager,underwriter,sales manager,customer service team leader,assessor,loss control officer,business analyst,assistant branch manager,personal lending specialist,team leader.

B.6 Level 6

[B.6 substituted by PR543670 ppc 21Oct13]

      A Level 6 position typically performs a middle managerial role primarily to control the conduct of a part of the employer’s business and in which decisions are regularly made and responsibility accepted on matters relating to the administration and conduct of the part of the business. Those responsible for managing more than 10 people must be classified at this level provided that this level 6 classification does not cover classes of employees:

      (a) who,because of the nature or seniority of their role,were not traditionally covered at all by awards;or

      (b) who perform work that is not of a similar nature to work that has previously been regulated at all by awards.

      Indicative job list—branch manager,human resources or fraudulent relations manager,financial planners,information technology specialists,relationship manager,senior analyst,subject matter manager,divisional manager.

Schedule C—School-based Apprentices

[Sched B renumbered as Sched C by PR988363 from 01Jan10]

C.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.

C.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.

C.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.

C.4 For the purposes of clause C.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.

C.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.

C.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.

C.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.

C.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.

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

C.10 If an apprentice converts from school-based to full-time,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.

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

Schedule D—Supported Wage System

[Sched C renumbered as Sched D by PR988363 from 01Jan10;varied by PR994548,PR998748,PR510670,PR525068,PR537893,PR542139,PR551831,PR568050, PR581528,PR592689]

D.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.

[D.2 varied by PR568050 ppc 01Jul15]

D.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,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 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

D.3 Eligibility criteria

D.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.

D.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.

D.4 Supported wage rates

D.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 D.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[D.4.2 varied by PR994548,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689 ppc 01Jul17]

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

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

D.5 Assessment of capacity

D.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.

D.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.

D.6 Lodgement of SWS wage assessment agreement

[D.6.1 varied by PR994548,PR542139 ppc 04Dec13]

D.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.

[D.6.2 varied by PR994548,PR542139 ppc 04Dec13]

D.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.

D.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.

D.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.

D.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.

D.10 Trial period

D.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.

D.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.

[D.10.3 varied by PR994548,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689 ppc 01Jul17]

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

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

D.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 D.5.

Schedule E—National Training Wage

[Sched E inserted by PR507824 ppc 24Mar11;varied by PR509050,PR522881,PR536684,PR545787,PR551607,PR566687,PR579780;deleted by PR593815 ppc 01Jul17]

Schedule F—2016 Part-day Public Holidays

[Sched F inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863 ppc 31May16]

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

F.1 Where a part-day public holiday is declared or prescribed between 7.00pm and midnight on Christmas Eve (24 December 2016) or New Year’s Eve (31 December 2016) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

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

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

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

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

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

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

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

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

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

Schedule G—Agreement to Take Annual Leave in Advance

[Sched G inserted by PR582967 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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

I agree that:

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

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule H—Agreement to Cash Out Annual Leave

[Sched H inserted by PR582967 ppc 29Jul16]

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

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

[Sched I inserted by PR584076 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
(1)
Code:
MA000019
Title:
Banking,Finance and Insurance Award 2010
Effective:
29 Jul 2017
Updated:
7 Aug 2017
Instrument Type:
Modern Award
(30)
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
Banking,Finance and Insurance Award 2010
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(1)
2 Sep 2016
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