Nursery Award 2010

Nursery Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 21 June 2017 (PR592129,PR592292,PR592689,PR593824).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/238;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8; AM2016/15;AM2016/17

Table of Contents

[Varied by PR988418,PR990479,PR994503,PR532630,PR544519,PR544272,PR546288,PR557581,PR573679, PR583037, PR584124,PR588730]

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. Abandonment of employment

12. Termination of employment

13. Redundancy

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Apprentices

17. Junior wages

18. National training wage

19. Supported wage system

20. Allowances

21. District allowances

22. Payment of wages

23. Superannuation

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work and rostering

25. Breaks

26. Overtime and penalty rates

Part 6—Leave and Public Holidays

27. Annual leave

28. Personal/carer’s leave and compassionate leave

29. Community service leave

30. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classification Structure and Definitions

Schedule C—National Training Wage

Schedule D—Supported Wage System

Schedule E—2016 Part-day Public Holidays

Schedule F—School-based Apprentices

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 Nursery Award 2010.

2. Commencement and transitional

[Varied by PR988418,PR542153]

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 PR542153 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 PR542153 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 PR542153 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 PR994503,PR997772,PR503642,PR544272,PR546002]

3.1 In this award,unless the contrary intention appears:

[Definition of Act substituted by PR994503 from 01Jan10]

      Act means the Fair Work Act 2009 (Cth)

[Definition of adult apprentice inserted by PR544272 ppc 01Jan14]

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

[Definition of agreement-based transitional instrument inserted by PR994503 from 01Jan10]

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

      associated nursery products means all items required for the propagation,growing,maintenance and sales of plants and plant material. This includes products used in the garden environment for the planting,growing,maintenance and care of plants

[Definition of award-based transitional instrument inserted by PR994503 from 01Jan10]

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

      casual employee means an employee who is engaged as a casual under the terms of clause 10Types of employment of this award

[Definition of Commission deleted by PR994503 from 01Jan10]

[Definition of default fund employee inserted by PR546002 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 PR546002 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 PR503642 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 PR503642 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 PR994503,PR997772 from 01Jan10]

      employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR994503,PR997772 from 01Jan10]

      employer means national system employer within the meaning of the Act

[Definition of enterprise award deleted by PR994503 from 01Jan10]

[Definition of enterprise award-based instrument inserted by PR994503 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 PR994503 from 01Jan10]

[Definition of exempt public sector superannuation scheme inserted by PR546002 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 PR546002 ppc 01Jan14]

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

[Definition of NAPSA deleted by PR994503 from 01Jan10]

[Definition of NES substituted by PR994503 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 PR994503 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

      plant material means organisms defined under the Kingdom Plantae

      plant nursery means a business involved in the nursery industry

      silviculture and afforestation means the planting,pruning,fertilising and any other activities in or in connection with the establishment or cultivation of trees in forests

      standard rate means the minimum hourly wage for the Grade 2 classification in clause 15.1. This rate is to be used for the purposes of calculating the various allowances that are linked to the standard rate.

[Definition of transitional minimum wage instrument inserted by PR994503 from 01Jan10]

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

      vineyard means a place where wine grapes are grown for processing into wine

      wine industry means:

      ●the preparation of land for planting of wine grape vines;care,growing,treating,picking,harvesting,forwarding of wine grapes;and pruning of wine grape vines and other activities associated with a wine grape vineyard;

      ●processing wine grapes;producing wine juice or grape spirit;bottling,packaging,storage or despatch of wine,brandy or other potable spirit,liqueurs,vinegar or grape juice and other activities associated with a winery or wine distillery including but not limited to cellar door sales,coopers,machinists,labourers making or repairing barrels,vats,casks,and like articles and laboratories;and

      ●the packaging,storage and despatching of wine or grape spirit from a warehouse facility or other place of storage associated with a winery or wine distillery

3.2 Where this award refers to a condition of employment provided for in the NES,the reference is to the condition as defined in the NES.

4. Coverage

[Varied by PR988418,PR994503]

4.1 This industry award covers employers throughout Australia in the nursery industry and their employees in the classifications listed in Schedule B—Classification Structure and Definitions to the exclusion of any other award.

4.2 Nursery industry means:

      (a) the propagation,planting,growing,cultivation,maintenance,sale,distribution or treating of plant material and associated nursery products in plant nurseries,flower,turf and tree farms or other similar enterprises;

      (b) the production and modification of growing media and clearing,treating or preparing of land for the propagation,planting,growing,cultivation,maintenance,sales and distribution or treating of plant material and associated products;

      (c) the processing,grading,packing or storing of plant material and associated products as part of a nursery;and

      (d) the despatching and distribution of plant material and associated products in connection with work under clauses 4.2(a) to (c).

4.3 Nursery industry does not mean:

      (a) the general retail industry as defined in the General Retail Industry Award 2010;

      (b) the wine industry;

      (c) silviculture and afforestation;or

      (d) sugar farming,sugar cane growing,sugar milling,sugar refining,sugar distilleries or sugar terminals.

4.4 The award does not cover an employee excluded from award coverage by the Act.

[4.5 substituted by PR994503 from 01Jan10]

4.5 The award does not cover 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.

[New 4.6 inserted by PR994503 from 01Jan10]

4.6 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.7 inserted by PR994503 from 01Jan10]

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

[New 4.8 inserted by PR994503 from 01Jan10]

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

[4.6 renumbered as 4.9 by PR994503 from 01Jan10]

4.9 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 PR542153]

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 PR542153 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 PR542153 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 PR542153 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 PR542153 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 varied by PR542153 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 PR542153 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 PR994503,PR542153]

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 PR994503,PR542153 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.

[9.2 varied by PR994503,PR542153 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.

[9.2 varied by PR994503,PR542153 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. Abandonment of employment

12. Termination of employment

13. Redundancy

10. Types of employment

[Varied by PR534343]

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

10.2 Full-time employment

      (a) A full-time employee is an employee who is engaged to work 38 ordinary hours per week.

[10.2(b) varied by PR534343 ppc 11Mar13]

      (b) A full-time employee will be provided with a written statement setting out their classification,applicable pay and terms of engagement.

10.3 Part-time employment

      (a) A part-time employee is an employee who is engaged to perform a number of ordinary hours less than the full-time hours of 38 per week;and receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees who do the same kind of work.

      (b) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work,specifying at least the hours to be worked each day and which days of the week the employee will work.

      (c) Changes in hours may only be made by agreement between the employer and employee. Any agreed variation to the regular pattern of work will be recorded in writing.

      (d) A part-time employee will be entitled to payment for annual leave,long service leave,public holidays,personal/carer’s leave and bereavement leave pursuant to this award on a pro rata basis to that of the equivalent full-time employee.

      (e) An employer is required to roster a part-time employee for a minimum of three consecutive hours on any shift.

      (f) The spread of ordinary working hours will be the same as those prescribed for full-time employees.

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

      (h) An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 10.4.

      (i) Rosters

      (i) A part-time employee’s roster,but not the agreed number of hours,may be altered by the giving of notice in writing of seven days or in the case of an emergency,48 hours,by the employer to the employee.

      (ii) The rostered hours of part-time employees may be altered at any time by mutual agreement between the employer and the employee.

      (iii) Rosters will not be changed except as provided in clause 10.3(i)(i) from week to week,or fortnight to fortnight,nor will they be changed to avoid any award entitlements.

10.4 Casual employment

      (a) A casual employee is an employee engaged as such and paid by the hour. An employer,when engaging a casual,must inform the employee that they are employed as a casual,stating by whom the employee is employed,their classification level and their rate of pay.

      (b) A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed,plus 25%.

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

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

      (e) On each occasion a casual employee is required to attend for work,casual employees are entitled to a minimum payment of three hours work at the appropriate rate.

11. Abandonment of employment

11.1 The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer is evidence that the employee has abandoned their employment.

11.2 If within a period of 14 days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of their employer that they were absent for reasonable cause,the employee is deemed to have abandoned their employment.

11.3 Termination of employment by abandonment in accordance with this clause operates as from the date of the last attendance at work or the last day’s absence in respect of which consent was granted,or the date of the last absence in respect of which notification was given to the employer,whichever is the latter.

12. Termination of employment

12.1 Notice of termination is provided for in the NES.

12.2 Notice of termination by an employee

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

12.3 Job search entitlement

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

13. Redundancy

[Varied by PR994503,PR503642;PR561478]

13.1 Redundancy pay is provided for in the NES.

13.2 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.

13.3 Employee leaving during notice period

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

13.4 Job search entitlement

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

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

      (c) This entitlement applies instead of clause 12.3.

13.5 Transitional provisions –NAPSA employees

[13.5 varied by PR994503;renamed by PR503642;deleted by PR561478 ppc 05Mar15]

13.6 Transitional provisions –Division 2B State employees

[13.6 inserted by PR503642;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Apprentices

17. Junior wages

18. National training wage

19. Supported wage system

20. Allowances

21. District allowances

22. Payment of wages

23. Superannuation

14. Classifications

[Varied by PR988418]

Employees will be classified in accordance with the classification descriptions contained in Schedule B—Classification Structure and Definitions of this award.

15. Minimum wages

[Varied by PR988418,PR990479,PR994503,PR997913,PR509064,PR522895,PR536698,PR544272,PR551621,PR566703,PR579795,PR592129]

[15.1 varied by PR997913,PR509064,PR522895,PR536698,PR551621,PR566703,PR579795,PR592129 ppc 01Jul17]

15.1 The minimum wages for an adult employee,other than one specified in clause 15.3,are set out in the following table:

    Classification

    Minimum weekly wage
    $

    Minimum hourly wage
    $

    Grade 1A

    694.90

    18.29

    Grade 1B

    714.90

    18.81

    Grade 2

    728.00

    19.16

    Grade 3

    763.20

    20.08

    Grade 4

    809.10

    21.29

    Grade 5

    893.80

    23.52

    Grade 6

    973.10

    25.61

15.2 For the purposes of clause 15.1,minimum weekly wage means any entitlement which an employee would receive for performing 38 hours of work.

[15.3 varied by PR994503;substituted by PR544272 ppc 01Jan14]

15.3 The following employees are not entitled to the minimum wages set out in the table in clause 15.1:

15.4 Higher duties

      An employee engaged for more than two hours during one day on duties carrying a higher minimum wage than their ordinary classification must be paid the higher minimum wage for such day or shift. If an employee is so engaged for two hours or less during one day,they must be paid the higher minimum wage for the time so worked

16. Apprentices

[Varied by PR990479,PR544272,PR559291]

[16.1 substituted by PR544272 ppc 01Jan14]

16.1 Apprentice minimum wages

      (a) Other than as provided in clause 16.2,any apprentice who commenced before 1 January 2014 must be paid the following percentage of the Grade 4 rate of pay:

    Year of apprenticeship

    %

    1st year

    50

    2nd year

    63

    3rd year

    75

    4th year

    90

      (b) Other than as provided in clause 16.2,any apprentice who commenced on or after 1 January 2014 must be paid the following percentage of the Grade 4 rate of pay:

    Year of apprenticeship

    % for apprentices who have not completed year 12

    % of adult rate for apprentices who have completed year 12

    1st year

    50

    55

    2nd year

    63

    65

    3rd year

    75

    75

    4th year

    90

    90

16.2 A trainee apprentice in New South Wales must be paid the following percentage of the Grade 4 rate of pay:

    Year of apprenticeship

    %

    1st year

    58

    2nd year

    67

    3rd year

    76

    4th year

    91

16.3 Clause 16.2 will cease to operate on 31 December 2014.

[16.4 inserted by PR544272 ppc 01Jan14]

16.4 Adult apprentices

      (a) Any adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be paid 80% of the Grade 4 rate,or the rate prescribed by clause 16.1(b) for the relevant year of the apprenticeship,whichever is the greater.

      (b) Any adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be paid the rate for the lowest adult classification in clause 15Minimum wages,or the rate prescribed by clause 16.1(b) for the relevant year of the apprenticeship,whichever is the greater.

      (c) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement,provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 15 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

[16.5 inserted by PR559291 ppc 01Jan15]

16.5 Apprentice conditions of employment

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

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

      (c) For the purposes of clause 16.5(b) above,excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,which exceed those incurred in travelling to and from work. For the purposes of this subclause,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

      (d) The amount payable by an employer under clause 16.5(b) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

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

      (f) An employer may meet its obligations under clause 16.5(e) by paying any fees and/or cost of textbooks directly to the RTO.

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

      (h) Time spent by an apprentice in attending any training and/or assessment specified in,or associated with,the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. This subclause operates subject to the provisions of Schedule F—School-based Apprentices.

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

17. Junior wages

[Varied by PR990479]

Junior employees must be paid the following percentage of the appropriate wage rate in clause 15Minimum wages.

Age

% of appropriate wage rate

Under 16 years of age

50

16 years of age

60

17 years of age

70

18 years of age

80

19 years of age

90

20 years of age

100

   

18. National training wage

[Varied by PR988418,PR990479,PR593824;substituted by PR593824 ppc 01Jul17]

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

18.2 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 Nursery Award 2010 and not the Miscellaneous Award 2010.

19. Supported wage system

[Varied by PR988418,PR990479]

See Schedule D

20. Allowances

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

[Varied by PR990479,PR998136,PR509186,PR523016,PR536819,PR551742,PR566843,PR579538,PR592292]

20.1 All purpose allowances

      The following allowances apply for all purposes of this award:

      (a) First aid allowance

      An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid a weekly allowance of 70% of the standard rate if appointed by their employer to perform first aid duty.

      (b) Meal allowance

[20.1(b) varied by PR998136,PR509186,PR523016,PR536819,PR551742,PR566843,PR579538,PR592292 ppc 01Jul17]

      An employee required to work overtime for more than two hours after the employee’s ordinary ceasing time without having been notified before leaving work on the previous day that the employee will be required to work overtime,will be provided free of cost with a suitable meal,and if the work extends into a second meal break,another meal. In the event of the meal not being supplied the employee is entitled to an amount of $13.07 for each meal.

      (c) Tool and equipment allowance

      Where the employer requires an employee to supply their own tools and equipment,the employer must reimburse the employee for the cost of supplying such tools and equipment. This clause does not apply where the tools and equipment are paid for by the employer.

      (d) Travelling allowance

      Where an employee is required to travel from one place to another,the time occupied in travelling will be counted as time worked,and paid for as such. Where an employee is compelled by their duties to spend the night away from home or the property at which the employee is employed (whichever is the employee’s normal place of sleeping during employment) the employer will reimburse the employee for the demonstrable cost of suitable accommodation. This clause will not apply where the employer provides the employee with suitable accommodation free of charge.

20.2 Adjustment of expense related allowances

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

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

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

   

21. District allowances

[Varied by PR990479,PR994503;deleted by PR561478 ppc 05Mar15]

22. Payment of wages

[Varied by PR990479,PR989303,PR534343]

22.1 Period of payment

      Wages must be paid weekly,fortnightly or monthly.

22.2 Method of payment

      Wages must be paid by cash,cheque or electronic funds transfer into the employee’s nominated bank or other recognised financial institution account.

22.3 Payment of wages on termination of employment

[22.3 substituted by PR534343 ppc 11Mar13]

      On termination of the employment,the wages due to an employee must be paid on the day of termination or be forwarded to the employee within 2 business days after termination.

23. Superannuation

[Varied by PR990479,PR990540,PR992289,PR994503,PR530240,PR546002;PR549548]

23.1 Superannuation legislation

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

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

23.2 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.

23.3 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 23.2.

      (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 23.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 23.3(a) or (b) was made.

23.4 Superannuation fund

[23.4 varied by PR994503 from 01Jan10]

      Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 23.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 23.2 and pay the amount authorised under clauses 23.3(a) or (b) to one of the following superannuation funds or its successor:

[23.4(a) substituted by PR994503 from 01Jan10]

      (a) Primesuper;

      (b) AustSafe Super

[23.4(c) deleted by PR994503 from 01Jan10]

[23.4(d) to (f) renumbered as 23.4(c) to (e) by PR994503 from 01Jan10]

      (c) Tasplan;

      (d) Sunsuper;

[23.4(e) substituted by PR530240 ppc 26Oct12]

      (e) CareSuper;

[New 23.4(g) inserted by PR992289;renumbered as 23.4(f) by PR994503;deleted by PR546002 ppc 01Jan14]

[New 23.4(f) inserted by PR549548 ppc 01Jan14]

      (f) Westscheme;

[23.4(g) renumbered as 23.4(h) by PR992289;renumbered as 23.4(g) by PR994503;renumbered as 23.4(f) and varied by PR546002 ppc 01Jan14;renumbered as 23.4(g) by PR549548 ppc 01Jan14]

      (g) 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 23.4(g) inserted by PR546002 ppc 01Jan14;renumbered as 23.4(h) by PR549548 ppc 01Jan14]

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

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work and rostering

25. Breaks

26. Overtime and penalty rates

24. Ordinary hours of work and rostering

[Varied by PR990479,PR994503]

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

24.2 Ordinary hours of work

      (a) The ordinary hours of work for full-time employees are an average of 38 per week but not exceeding 152 hours in 28 days.

      (b) The ordinary hours of work may be worked between the hours of 6.00 am and 6.00 pm on any five out of seven days. Provided that the ordinary hours of work may be worked between 6.00 am and 9.00 pm on one day per week between Monday and Friday.

      (c) Subject to this clause,the ordinary hours of work will not exceed eight hours on any day,provided that by arrangement between an employer and an employee ordinary working hours greater than eight but not exceeding 10 on any day may be worked subject to:

      (i) the employer and employee concerned being guided by relevant occupational health and safety provisions;

      (ii) suitable roster arrangements being made;and

      (iii) proper supervision being provided.

      (d) The rate of pay for ordinary hours worked on a Saturday will be at the rate of 125% of the appropriate minimum wage calculated hourly.

[24.2(e) varied by PR994503 from 01Jan10]

      (e) The rate of pay for ordinary hours worked on a Sunday will be at the rate of 200% of the appropriate minimum wage calculated hourly.

      (f) All time worked outside the ordinary hours of work will be overtime.

25. Breaks

[Varied by PR990479]

25.1 An unpaid meal break of not less than 30 minutes and not more than one hour will be allowed each day,to be taken not later than five hours after commencing ordinary hours of work. Provided that where there is mutual agreement between employer and individual employee,such meal break may be taken as agreed.

25.2 All work performed on the instruction of the employer during a meal break will be paid for at the rate of 200% of the appropriate minimum wage. Such payment will continue until the employee is released for a meal break of not less than 30 minutes.

25.3 Employees will be allowed a paid rest break of 10 minutes each morning. Where agreement is reached between the employer and employee for additional rest breaks,such rest breaks will be unpaid and in addition to the employee’s ordinary hours of work.

26. Overtime and penalty rates

[Varied by PR990479,PR584124]

26.1 Payment for working overtime

      The rate of pay for overtime will be 150% of the appropriate minimum wage for the first three hours and 200% thereafter,except on Sunday when the rate will be 200% for all time worked.

26.2 Payment for working on public holidays

      (a) All work performed on public holidays will be paid for at the rate of 250%.

      (b) All employees required to work on a public holiday will be paid for a minimum of four hours.

26.3 Call-back

      An employee recalled to work overtime after leaving the employer’s business premises will be paid for a minimum of three hours work at the appropriate rate for each time so recalled. This subclause does not apply in cases where it is customary for an employee to return to the employer’s premises to perform a specific job outside the employee’s ordinary working hours,or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

26.4 Time off instead of payment for overtime

[26.4 inserted by PR584124 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 26.4.

      (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 26.4 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 26.4 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 26.4 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 26.4 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 26.4 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 26.4 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 26.4.

Part 6—Leave and Public Holidays

27. Annual leave

28. Personal/carer’s leave and compassionate leave

29. Community service leave

30. Public holidays

27. Annual leave

[Varied by PR990479,PR994503,PR568676,PR583037,PR588730]

27.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.

27.2 Conversion to hourly entitlement

      An employer may reach agreement with an employee to convert the annual leave entitlement in the NES to an hourly entitlement for administrative ease (e.g. 152 hours for a full-time employee entitled to four weeks annual leave).

27.3 Payment for period of annual leave

      An employee under this award,before going on annual leave,must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.

27.4 Electronic funds transfer (EFT) payment of annual leave

[New 27.4 inserted by PR583037 ppc 29Jul16]

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

27.5 Annual leave loading

[27.4 renumbered as 27.5 by PR583037 ppc 29Jul16]

      During a period of annual leave an employee must also be paid a loading of 17.5% of the wages prescribed in clause 27.3.

27.6 Excessive leave accruals:general provision

[27.6 substituted by PR588730 ppc 20Dec16]

      Note:Clauses 27.6 to 27.8 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.

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

      (d) Clause 27.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[New 27.7 inserted by PR588730 ppc 20Dec16]

      (a) If an employer has genuinely tried to reach agreement with an employee under clause 27.6(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 27.6,27.7 or 27.8 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 27.7(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.

27.8 Excessive leave accruals:request by employee for leave

[New 27.8 inserted by PR588730 ppc 20Dec16]

      (a) Clause 27.8 comes into operation from 20 December 2017.

      (b) If an employee has genuinely tried to reach agreement with an employer under clause 27.6(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.

      (c) However,an employee may only give a clause notice to the employer under paragraph (b) 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 27.7(a) that,when any other paid annual leave arrangements (whether made under clause 27.6,27.7 or 27.8 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

      (d) A notice given by an employee under paragraph (b) 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 27.6,27.7 or 27.8 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.

      (e) An employee is not entitled to request by a notice under paragraph (b) more than 4 weeks’paid annual leave in any period of 12 months.

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

27.9 Annual leave in advance

[27.7 renamed and substituted by PR583037 ppc 29Jul16;renumbered as 27.9 by PR588730 ppc 20Dec16]

      (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 27.6 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 27.6 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 27.6,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.

[27.7 substituted by PR994503;deleted by PR568676 ppc 16Oct15]

27.10 Proportionate leave on termination

[27.8 renumbered as 27.7 by PR568676;27.7 renumbered as 27.8 by PR583037,27.8 renumbered as 27.10 by PR588730 ppc 20Dec16]

      On termination of employment,an employee must be paid for leave accrued that has not been taken at the appropriate wage calculated in accordance with clause 27.3.

27.11 Time of taking leave

[27.9 renumbered as 27.8 by PR568676;27.8 renumbered as 27.9 by PR583037,27.9 renumbered as 27.11 and substituted by PR588730 ppc 20Dec16]

      The employer may require annual leave to be taken during periods of business close-down or when the business cannot open due to restrictions on opening hours due to State or Federal legislation. The employer may also require leave to be taken at certain times of the year because of particular seasonal requirements.

27.12 Cashing out of annual leave

[27.10 inserted by PR583037 ppc 29Jul16]

      (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 27.11.

      (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 27.11.

      (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 27.11 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 27.11 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 27.11 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 27.11.

      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 27.11.

      Note 3:An example of the type of agreement required by clause 27.11 is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H.

28. Personal/carer’s leave and compassionate leave

[Varied by PR990479]

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

29. Community service leave

[Varied by PR990479

Community service leave is provided for in the NES.

30. Public holidays

[Varied by PR990479]

30.1 Public holidays are provided for in the NES.

30.2 An employer and a majority of employees may agree to substitute another day for a public holiday. If either the public holiday or the substitute day is worked,public holiday penalties must be paid. If both days are worked,one day at the election of the employee must be paid at public holiday rates.

Schedule A—Transitional Provisions

[Varied by PR988418,PR994503,PR503642]

A.1 General

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

[A.1.2 substituted by PR994503 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 PR994503 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 PR994503 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 PR994503 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 PR994503 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 PR994503 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 PR994503 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 PR994503 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 PR994503 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 PR994503 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 Former Division 2B employers

[A.8 inserted by PR503642 ppc 01Jan11]

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

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

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

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

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

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

Schedule B—Classification Structure and Definitions

[Varied by PR988418]

Grade 1A

Employees in this grade have no previous experience in the industry and no formal qualifications. They carry out general nursery and labouring duties of a routine and repetitive and/or manual nature,mainly under supervision,for a period of no longer than three months.

Grade 1B

Employees in this grade have three months experience in the industry. They perform and are accountable for nursery tasks as directed within the skill levels set out below. They work within established routines,methods and procedures. Supervision is direct.

Employees may be required to train other employees in the skills of their own grade by means of personal instruction and demonstration.

Employees will be graded at this level where the principal functions of their employment,as determined by the employer,require the exercise of any one or more of the skill levels set out below:

      ●assisting with potting machines,seeding machines,bagging machines,transplanting machines,grading machines,etc.;

      ●assisting with spray application;

      ●cleaning;

      ●collecting cuttage,budwood or scions;

      ●flower bunching;

      ●general errands;

      ●general/labouring duties;

      ●grafting and budding;

      ●irrigation;

      ●labelling,stacking and preparation of stock for sale;

      ●mixing soil,container filling,container assembly;

      ●moving plants;

      ●order selection and assembly;

      ●packing shelves;

      ●packing plants and seedlings;

      ●picking and grading;

      ●plant care and ground maintenance;

      ●potting;

      ●preparing and sticking cuttings;

      ●spacing and moving plants;

      ●transplanting;

      ●tubing;

      ●unloading/receiving materials;

      ●using towing and/or carry-all vehicles etc.;

      ●watering;and

      ●weeding.

Grade 2

Employees in this grade are capable of performing Grade 1B duties but in addition are required to perform nursery tasks using a more extensive range of skills and knowledge at a higher level than required in Grade 1B. They are responsible and accountable for their own work which is performed within established routines,methods and procedures. Supervision is routine.

Employees may be required to train other employees in the skills of their own grade and below by means of personal instruction and demonstration.

Employees will be graded at this level where the principal functions of their employment,as determined by the employer,require the exercise of any one or more of the skill levels set out below:

      ●answering phone;

      ●basic data entry;

      ●basic plant maintenance;

      ●control and maintenance of irrigation equipment;

      ●handling direct enquiries;

      ●disease and pest control;

      ●driving tractors with implements;

      ●fertigation;

      ●filing;and

      ●may be in charge of one assistant of a lower grade.

Grade 3

Employees in this grade are capable of performing Grade 1B and 2 duties but in addition are required to perform nursery tasks using a more extensive range of skills and knowledge at a higher level than required in Grade 2. They are responsible and accountable for their own work which is performed within established routines,methods and procedures. Supervision is routine.

Employees may be required to train other employees in the skills of their own grade and below by means of personal instruction and demonstration.

Employees will be graded at this level where the principal functions of their employment,as determined by the employer,require the exercise of any one or more of the skill levels set out below:

      ●correspondence (handling);

      ●customer service;

      ●forklift operator;

      ●invoicing;

      ●order acceptance;

      ●processing income;

      ●receiving money;and

      ●regular driver.

Grade 4—Certified tradesperson

Employees in this classification perform nursery duties using a more extensive range of skills and knowledge at a higher level than required of a Grade 3,having obtained and required to utilise the appropriate Accredited Trade Certificate or equivalent. They are responsible and accountable for their own work and may have responsibility for the work of up to three additional employees. They exercise initiative,discretion and judgment within the range of their skills and knowledge. Supervision is minimal.

Employees may be required to train other employees in the skills of their own grade and below by means of personal instruction and demonstration.

Additional duties may include:

      ●independent cultural decisions relevant to previous gradings (e.g. plant nutrition,merchandising,menus);

      ●payroll;and

      ●processing of incoming and outgoing invoices.

Grade 5

Employees in this classification have obtained the Accredited Trade Certificate or equivalent and perform nursery duties using a more extensive range of skills and knowledge at a level higher than that required of a Grade 4. They are responsible and accountable for their own work and may have responsibility for the work of a section or unit. They exercise initiative,discretion and judgment within the range of their skills and knowledge. Supervision is by means of reporting to senior management or proprietor.

Employees may be required to train other employees in the skills of their own grade and below by means of personal instruction and demonstration.

Employees will be classified at this level where the principal functions of their employment,as determined by the employer,require the exercise of any one or more of the skill levels set out below:

      ●ability to use a variety of computer packages (this may include,but not limited to,desktop publishing,spreadsheets,word processing,databases,etc.);

      ●allocation of accounts;

      ●co-ordination of production programs;

      ●creditor/debtor reconciliation;

      ●data reconciliation;

      ●design &implement fertiliser programs and pest control programs;

      ●design,install and use irrigation systems;

      ●landscape consultation and/or design;

      ●ordering stock;

      ●planning,co-ordination and implementation of nursery maintenance programs;

      ●preparation of daily reports;

      ●set targets;and

      ●set shift rosters.

Grade 6

Employees in this classification have obtained the Accredited Trade Certificate or equivalent and perform nursery duties using a more extensive range of skills and knowledge at a level higher than that required of a Grade 5. They are responsible and accountable for their own work and may have responsibility for the work of a section. They exercise initiative,discretion and judgment within the range of their skills and knowledge. Supervision is by means of reporting to management or proprietor.

Employees may be required to train other employees in the skills of their own grade and below by means of personal instruction and demonstration.

Employees will be classified at this level where the principal functions of their employment,as determined by the employer,require the exercise of any one or more of the skill levels set out below:

      ●analysing data;

      ●dispatch;

      ●key performance indicators for annual performance targets;

      ●monthly and annual reports;

      ●nursery manager;

      ●production planner;

      ●propagator (person appointed to take responsibility for control of propagating environments,scheduling propagation,selecting cuttage,budwood and other propagules);and

      ●senior grower or head grower.

Schedule C—National Training Wage

[Varied by PR988418;substituted by PR994503;varied by PR997913,PR509064,PR522895,PR536698,PR545787,PR551621,PR566703,PR579795;deleted by PR593824 ppc 01Jul17]

Schedule D—Supported Wage System

[Varied by PR988418,PR994503,PR998748,PR510670,PR525068,PR537893,PR542153,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 PR994503,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

[Varied by PR542153]

[D.6.1 varied by PR994503,PR542153 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 PR994503,PR542153 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 PR994503,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—2016 Part-day Public Holidays

[Sched E 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.

E.1 Where a part-day public holiday is declared or prescribed between 7.00 pm 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 7.00 pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.

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

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

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

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

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

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

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

Schedule F—School-based Apprentices

[Sched F inserted by PR544272 ppc 01Jan14]

F.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.

F.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.

F.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.

F.4 For the purposes of clause F.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.

F.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.

F.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.

F.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.

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

F.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

F.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

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

Schedule G—Agreement to Take Annual Leave in Advance

[Sched G inserted by PR583037 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 PR583037 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 PR584124 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:
MA000033
Title:
Nursery Award 2010
Effective:
21 Jun 2017
Updated:
26 Jun 2017
Instrument Type:
Modern Award
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