Table of Contents - MA000044 Wool Storage,Sampling and Testing Award 2010

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. Individual flexibility arrangements

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

9. Dispute resolution

Part 3—Types of Employment and Termination of

Employment

10. Employment categories

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Supported wage system

15. National training wage

16. Pieceworkers

17. Allowances

18. Accident pay

19. Annualised wage

20. Payment of wages

21. Superannuation

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work and rostering

23. Rostering

24. Breaks

25. Overtime and penalty rates

25A. Requests for flexible working arrangements

Part 6—Leave and Public Holidays

26. Annual leave

27. Personal/carer’s leave and compassionate leave

28. Community service leave

29. Public holidays

30. Leave to deal with Family and Domestic Violence

SCHEDULE A—TRANSITIONAL PROVISIONS
SCHEDULE B—CLASSIFICATION AND PROGRESSION PRINCIPLES
SCHEDULE C—SUPPORTED WAGE SYSTEM
SCHEDULE D—NATIONAL TRAINING WAGE
SCHEDULE E—PART-DAY PUBLIC HOLIDAYS
SCHEDULE F—AGREEMENT TO TAKE ANNUAL LEAVE IN ADVANCE
SCHEDULE G—AGREEMENT TO CASH OUT ANNUAL LEAVE

SCHEDULE H—AGREEMENT FOR TIME OFF INSTEAD OF PAYMENT FOR OVERTIME

Wool Storage,Sampling and Testing Award 2010

Wool Storage,Sampling and Testing Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 21 November 2018 (PR701683,PR701444).

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

24A—Requests for flexible working arrangements

Current review matter(s):AM2014/47; AM2014/94;AM2014/190;AM2014/196;AM2014/197;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/13;AM2016/15;AM2016/17;AM2016/8;AM2016/35

Table of Contents

[Varied by PR988422,PR994506,PR532630,PR544519,PR546288,PR557581,PR573679,PR583099, PR584175,PR609361,PR610207;PR701444]

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. Individual flexibility arrangements

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Employment categories

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Supported wage system

15. National training wage

16. Pieceworkers

17. Allowances

18. Accident pay

19. Annualised wage

20. Payment of wages

21. Superannuation

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work and rostering

23. Rostering

24. Breaks

25. Overtime and penalty rates

25A. Requests for flexible working arrangements

Part 6—Leave and Public Holidays

26. Annual leave

27. Personal/carer’s leave and compassionate leave

28. Community service leave

29. Public holidays

30. Leave to deal with Family and Domestic Violence

Schedule A—Transitional Provisions

Schedule B—Classification and Progression Principles

Schedule C—Supported Wage System

Schedule D—National Training Wage

Schedule E—Part-day Public Holidays

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

Schedule H—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. Individual flexibility arrangements

1. Title

This award is the Wool Storage,Sampling and Testing Award 2010.

2. Commencement and transitional

[Varied by PR988422,PR542164]

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 PR542164 ppc04Dec13]

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 PR542164 ppc04Dec13]

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 PR542164 ppc04Dec13]

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 PR994506,PR997772,PR503659,PR546015]

3.1 In this award,unless the contrary intention appears:

[Definition of Act substituted by PR994506 from 01Jan10]

      Act means the Fair Work Act 2009 (Cth)

      afternoon shift means any shift finishing after 6.00 pm and at or before 1.00 am

[Definition of agreement-based transitional instrument inserted by PR994506 from 01Jan10]

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

[Definition of award-based transitional instrument inserted by PR994506 from 01Jan10]

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

[Definition of base rate of pay substituted by PR994506 from 01Jan10]

      base rate of pay has the same meaning as in s.16 of the Act

[Definition of Commission deleted by PR994506 from 01Jan10]

      continuous shiftworker means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts

      day shift means any shift finishing after 2.00 pm and at or before 6.00 pm

[Definition of default fund employee inserted by PR546015 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 PR546015 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 PR503659 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 PR503659 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 PR994506,PR997772 from 01Jan10]

      employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR994506,PR997772 from 01Jan10]

      employer means national system employer within the meaning of the Act

[Definition of enterprise award deleted by PR994506 from 01Jan10]

[Definition of enterprise award-based instrument inserted by PR994506 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 PR994506 from 01Jan10]

[Definition of exempt public sector superannuation scheme inserted by PR546015 ppc 01Jan14]

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

[Definition of full rate of pay substituted by PR994506 from 01Jan10]

      full rate of pay has the same meaning as in s.18 of the Act

      junior employee means an employee under the age of 21 years

      minimum weekly rate means the minimum weekly rate of pay set out in clause 13Classifications and minimum wage rates

[Definition of MySuper product inserted by PR546015 ppc 01Jan14]

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

[Definition of NAPSA deleted by PR994506 from 01Jan10]

[Definition of NES substituted by PR994506 from 01Jan10]

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

      night shift means any shift finishing after 1.00 am and at or before 7.00 am

[Definition of on-hire inserted by PR994506 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

      raw wool testing laboratory means a testing laboratory independent of the sale transaction and having undertaken to carry out tests in accordance with the current International Wool Textile Organisation Core Test Regulations. Raw wool includes greasy wool,wool which has been scoured,carbonised,washed or solvent degreased,scoured skin wools,washed skin wools. It consists of wool fibre together with variable amounts of vegetable matter and extraneous alkali-insoluble impurities,mineral matter,wool waxes,suint and moisture. Greasy wool is wool from the sheep’s back or sheepskins,which has not been scoured,solvent degreased,carbonised or otherwise processed.

      sampling means all or any of the functions and duties required to be performed in connection with,or incidental to,the obtaining of wool samples for testing and,in particular,without limiting the generality of the foregoing,includes:

      ●the drawing of samples manually and/or the operation of mechanical sampling equipment;

      ●attendance at sampling lines in wool stores;

      ●the weighing of bales and recording of bale weights as a sworn weigher;and

      ●the clerical functions associated with the identification of bales and samples

      Sampling assistant means an employee engaged by a raw wool testing laboratory and required to perform sampling functions and duties,who has not completed a period of service which in aggregate is equivalent to the ordinary time worked in 12 months by a full-time employee

      Sampling officer means an employee engaged by a raw wool testing laboratory and required to perform sampling functions and duties,who has completed a period of service which in aggregate is equivalent to the ordinary time worked in 12 months by a full-time employee

      Senior sampling officer means a raw wool testing laboratory employee who,in addition to performing sampling functions and duties without direct supervision,is required to accept additional responsibilities such as the planning,organising and supervision of sampling by other employees,the administration of the company’s operations in a centre or specific area and/or officially representing the employer in discussions with representatives of other wool industry companies

      Senior testing officer means a raw wool testing laboratory employee who,in addition to performing testing functions and duties without direct supervision,is required to accept additional responsibilities,such as the planning,organising and supervision of testing by other employees,the administration of the company’s operations in a specific area,undertaking a range of quality control duties and/or participating in stock control,purchasing etc. associated with the testing operations

      shiftwork means work performed by shiftworkers

      shiftworker means an employee currently engaged to work in a system of shifts,being afternoon shifts,night shifts or both,or a continuous shiftworker

[Definition of standard rate varied by PR994506 from 01Jan10]

      standard rate means the minimum ordinary hourly wage rate for a Wool Industry Worker Level 2 (Skin and Hide Stores) employee in clause 13Classifications and minimum wage rates. This rate is to be used for the purposes of calculating various allowances that require a designated standard rate.

      testing means all or any of the functions and duties required to be performed in connection with,or incidental to,the testing of wool,seeds,grain,grasses and wool grease samples and,in particular,without limiting the generality of the foregoing,includes:

      ●the operation of various types of laboratory apparatus,testing equipment and machines;

      ●the weighing of containers and/or samples,subsamples and test specimens using laboratory balances provided and the recording of such weights;

      ●the clerical functions associated with the identification,control batching etc. of samples,subsamples,test specimens and containers;and

      ●the use of such chemicals and the handling of samples as required by the procedures laid down from time to time

      Testing assistant means an employee engaged by a raw wool testing laboratory and required to perform testing functions and duties,who has not completed a period of service which in aggregate is equivalent to the ordinary time worked in 12 months by a full-time employee

      Testing officer means an employee engaged by a raw wool testing laboratory and required to perform testing functions and duties,who has completed a period of service which in aggregate is equivalent to the ordinary time worked in 12 months by a full-time employee

[Definition of transitional minimum wage instrument inserted by PR994506 from 01Jan10]

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

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

4. Coverage

[Varied by PR994506]

4.1 This industry award covers employers throughout Australia in the raw wool testing,skin,hide and wool storage services industry and their employees in the classifications listed in clause 13Classifications and minimum wage rates to the exclusion of any other modern award.

4.2 The raw wool testing,skin,hide and wool storage services industry means the receipt,handling,processing (including sampling,testing,blending or dumping),storage,shipping or transport of skins,hides and wool.

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

[4.4 substituted by PR994506 from 01Jan10]

4.4 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.

[4.5,4.6 and 4.7 inserted by PR994506 from 01Jan10]

4.5 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.

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

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

[4.5 renumbered as 4.8 by PR994506 from 01Jan10]

4.8 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. Individual flexibility arrangements

[Varied by PR542164;7—Award flexibility renamed and substituted by PR610207 ppc 01Nov18]

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

      (a) arrangements for when work is performed;or

      (b) overtime rates;or

      (c) penalty rates;or

      (d) allowances;or

      (e) annual leave loading.

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

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

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

      (a) give the employee a written proposal;and

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

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

7.6 An agreement must do all of the following:

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

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

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

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

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

7.7 An agreement must be:

      (a) in writing;and

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

7.8 Except as provided in clause 7.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

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

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

7.11 An agreement may be terminated:

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

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

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

7.12 An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause.

7.13 The right to make an agreement under clause 7 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

9. Dispute resolution

8. Consultation about major workplace change

[8—Consultation regarding major workplace change renamed and substituted by PR546288,8—Consultation renamed and substituted by PR610207 ppc 01Nov18]

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

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

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

      (i) the introduction of the changes;and

      (ii) their likely effect on employees;and

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

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

8.2 For the purposes of the discussion under clause 8.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

      (a) their nature;and

      (b) their expected effect on employees;and

      (c) any other matters likely to affect employees.

8.3 Clause 8.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

8.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 8.1(b).

8.5 In clause 8:

      significant effects,on employees,includes any of the following:

      (a) termination of employment;or

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

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

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

      (e) alteration of hours of work;or

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

      (g) job restructuring.

8.6 Where this award makes provision for alteration of any of the matters defined at clause 8.5,such alteration is taken not to have significant effect.

8A. Consultation about changes to rosters or hours of work

[8A inserted by PR610207 ppc 01Nov18]

8A.1 Clause 8A applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

8A.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

8A.3 For the purpose of the consultation,the employer must:

      (a) provide to the employees and representatives mentioned in clause 8A.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

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

8A.4 The employer must consider any views given under clause 8A.3(b).

8A.5 Clause 8A is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

9. Dispute resolution

[Varied by PR994506 from 01Jan10,PR542164 ppc 04Dec13;substituted by PR610207 ppc 01Nov18]

9.1 Clause 9 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

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

9.3 If the dispute is not resolved through discussion as mentioned in clause 9.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

9.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 9.2 and 9.3,a party to the dispute may refer it to the Fair Work Commission.

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

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

9.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 9.

9.8 While procedures are being followed under clause 9 in relation to a dispute:

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

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

9.9 Clause 9.8 is subject to any applicable work health and safety legislation.

Part 3—Types of Employment and Termination of

10. Employment categories

11. Termination of employment

12. Redundancy

Employment

10. Employment categories

[Varied by PR700624,PR700687]

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

10.1 Full-time employment

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

10.2 Part-time employment

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

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

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

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

      (c) An employer must inform a part-time employee of the ordinary hours of work and starting and finishing times.

      (d) All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

10.3 Casual employment

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

      (b) For each hour worked,a casual employee will be paid no less than 1/38th of the minimum weekly rate of pay for their classification in clause 13Classifications and minimum wage rates,plus a casual loading of 25%.

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

[10.3(d) inserted by PR700687 ppc 01Oct18]

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

10.4 Right to request casual conversion

[New 10.4 inserted by PR700624 ppc 01Oct18]

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

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

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

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

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

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

      (g) Reasonable grounds for refusal include that:

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

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

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

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

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

      (i) Where the employer refuses a regular casual employee’s request to convert,the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the employer’s refusal,this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure,the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

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

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

      (ii) if it is agreed that the employee will become a part-time employee,the matters referred to in clause 10.2(c).

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

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

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

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

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

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

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

10.5 Probation period

[10.4 renumbered as 10.5 by PR700624 ppc 01Oct18]

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

      (a) three months or less;or

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

10.6 Abandonment of employment

[10.5 renumbered as 10.6 by PR700624 ppc 01Oct18]

      An employee who is absent from work for a continuous period exceeding three working days without the consent of the employer and without reasonable excuse will be deemed to have abandoned their employment. The termination of employment will be deemed to have taken effect from the employee’s last attendance or the last day on which the employee notified the employer of the reason for the absence.

11. Termination of employment

[11 substituted by PR610207 ppc 01Nov18]

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

11.1 Notice of termination by an employee

      (a) This clause applies to all employees except those identified in ss.123(1) and 123(3) of the Act.

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

      Table 1—Period of notice

    Column 1

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

    Column 2

    Period of notice

    Not more than 1 year

    1 week

    More than 1 year but not more than 3 years

    2 weeks

    More than 3 years but not more than 5 years

    3 weeks

    More than 5 years

    4 weeks

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

      (c) In paragraph (b) continuous service has the same meaning as in s.117 of the Act.

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

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

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

11.2 Job search entitlement

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

11.3 The time off under clause 11.2 is to be taken at times that are convenient to the employee after consultation with the employer.

12. Redundancy

[Varied by PR994506,PR503659,PR561478]

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

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

12.3 Employee leaving during notice period

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

12.4 Job search entitlement

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

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

      (c) This entitlement applies instead of clause 11.2.

12.5 Transitional provisions –NAPSA employees

[12.5 substituted by PR994506;renamed by PR503659;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503659;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Supported wage system

15. National training wage

16. Pieceworkers

17. Allowances

18. Accident pay

19. Annualised wage

20. Payment of wages

21. Superannuation

13. Classifications and minimum wage rates

[Varied by PR988422,PR997929,PR509075,PR522906,PR536709,PR551632,PR566716,PR579811,PR592142,PR606369]

13.1 Adult employees

[13.1 varied by PR997929,PR509075,PR522906,PR536709,PR551632,PR566716,PR579811,PR592142,PR606369 ppc 01Jul18]

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

    Classification

    Minimum rate per week

    Minimum rate per hour

     

    $

    $

    Wool Storage

      

    Wool Industry Worker Level 1 (Wool Storage)

    735.90

    19.37

    Wool Industry Worker Level 2 (Wool Storage)

    765.00

    20.13

    Wool Industry Worker Level 3 (Wool Storage)

    776.10

    20.42

    Wool Industry Worker Level 4 (Wool Storage)

    813.10

    21.40

    Wool Industry Worker Level 5 (Wool Storage)

    837.40

    22.04

    Wool Industry Worker Level 6 (Wool Storage)

    877.60

    23.09

       

    Wool Testing

      

    Wool Industry Worker Level 1
    (Wool Testing)—First 3 months

    735.90

    19.37

    Wool Industry Worker Level 1
    (Wool Testing)—After 3 months

    750.60

    19.75

    Wool Industry Worker Level 2
    (Wool Testing)

    765.00

    20.13

    Wool Industry Worker Level 3
    (Wool Testing)

    776.10

    20.42

    Wool Industry Worker Level 4
    (Wool Testing)

    813.10

    21.40

    Wool Industry Worker Level 5
    (Wool Testing)

    844.60

    22.23

       

    Skin and Hide Stores

      

    Wool Industry Worker Level 1
    (Skin and Hide Stores)—First 3 months

    735.90

    19.37

    Wool Industry Worker Level 1
    (Skin and Hide Stores)—After 3 months up until 12 months

    750.60

    19.75

    Wool Industry Worker Level 1
    (Skin and Hide Stores)—After 12 months

    765.00

    20.13

    Wool Industry Worker Level 2
    (Skin and Hide Stores)

    776.10

    20.42

    Wool Industry Worker Level 3
    (Skin and Hide Stores)

    812.40

    21.38

    Wool Industry Worker Level 4
    (Skin and Hide Stores)

    844.60

    22.23

13.2 Junior employees

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

    Age

    %

    At 17 years of age or under

    60

    At 18 years of age

    70

    At 19 years of age

    80

    At 20 years of age

    90

   

14. Supported wage system

[Varied by PR988422]

See Schedule C

15. National training wage

[Varied by PR988422;substituted by PR593834 ppc 01Jul17;varied PR606369]

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

[15.2 varied by PR606369 ppc 01Jul18]

15.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2018. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Wool Storage,Sampling and Testing Award 2010 and not the Miscellaneous Award 2010.

16. Pieceworkers

      (a) An employer and an employee may agree to remunerate the employee in whole or part by piece rates,instead of (in whole or part) the rates and allowances provided for in this award. The agreement must be made without coercion or duress.

      (b) The employer must record a piece rate agreement made under this clause in writing and provide a copy to the employee. The employer must keep the agreement as a time and wages record.

      (c) The piece rate agreement must set out the following information:

      (i) the parties to the agreement;

      (ii) the date the agreement commences to operate;and

      (iii) the basis on which the piece rate payment is made and how piecework will be measured.

      (d) An employee working under a piece rate agreement must:

      (i) be paid no less than the amount to which the employee would have been entitled to receive under the rates and allowances prescribed by this award if the piece rate agreement had not been made;and

      (ii) not disadvantage the employee in relation to their terms and conditions of employment.

      (e) An agreement made under this clause may be terminated by written agreement between the employer and the employee or by either party giving four weeks notice in writing to the other party and the agreement will cease to operate at the end of the notice period.

      (f) For the purpose of the NES,the base rate of pay for a pieceworker is the base rate of pay as defined in the NES.

      (g) For the purpose of the NES,the full rate of pay for a pieceworker is the full rate of pay as defined in the NES.

17. Allowances

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

[Varied by PR994506,PR998161,PR509197,PR523027,PR536830,PR551753,PR566854,PR579549,PR592304,PR606525]

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

17.2 Responsibility and qualification allowances

      (a) Leading hand allowance

      A leading hand engaged in a skin and hide store must be paid a weekly allowance of 230% of the standard rate per week.

      (b) First aid allowance

      An employee who holds first aid qualifications from St John Ambulance or an equivalent body,and who is appointed by the employer to participate in the emergency response team or otherwise to perform first aid duty,will be paid a first aid payment of 86% of the standard rate per week.

17.3 Work conditions and disability allowances

[17.3(a) varied by PR998161,PR509197,PR523027,PR536830, PR551753,PR566854,PR579549,PR592304,PR606525 ppc 01Jul18]

      (a) Meal allowance for overtime work

      An employee will be paid a meal allowance of $13.34 on each occasion that the employee is entitled to a rest break during overtime work,provided that an allowance is not required to be paid if the employer provides a meal or meal-making facilities or if the employee was notified no later than the previous day or shift that they would be required to work the overtime.

      (b) Footwear allowance

      Where the employer requires an employee engaged in wool testing to wear safety footwear,the employer must reimburse the employee for the cost of purchasing such footwear. The provisions of this clause do not apply where the safety footwear is paid for by the employer.

      (c) Clothing allowance

      Where the employer requires an employee engaged in wool testing to wear protective clothing,the employer must reimburse the employee for the cost of purchasing such clothing. The provisions of this clause do not apply where the protective clothing is paid for by the employer.

17.4 Adjustment of expense related allowances

[17.4 varied by PR994506 from 01Jan10]

      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

   

18. Accident pay

[Varied by PR994506,PR503659,PR561478;deleted by PR561478 ppc 05Mar15]

19. Annualised wage

19.1 Annual salary instead of award provisions

19.2 Annual salary not to disadvantage employees

      The annual salary must be no less than the amount to which the employee would have been entitled to receive under the relevant wage rates,penalties,allowances and loadings prescribed by this award over the duration of the arrangement. The annual salary is paid in full satisfaction of any obligation to otherwise make payments to the employee under this award for the provisions that will not apply instead of the salary and may be relied upon to set off any such obligation,whether of a different character or not.

19.3 Base rate of pay for employees on annual salary arrangements

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

20. Payment of wages

[Varied by PR610066]

20.1 The employer will pay the employees wages,penalties and allowances weekly,fortnightly or monthly by electronic funds transfer into the employee’s bank (or other recognised financial institution) nominated by the employee.

20.2 An employer may deduct from any amount required to be paid to an employee under this clause the amount of any overpayment of wages or allowances.

20.3 Payment on termination of employment

[20.3 inserted by PR610066 ppc 01Nov18]

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

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

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

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

      Note 1:Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.

      Note 2:Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

      Note 3:State and Territory long service leave laws or long service leave entitlements under s.113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

21. Superannuation

[Varied by PR994506,PR546015]

21.1 Superannuation legislation

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

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

21.2 Employer contributions

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

21.3 Voluntary employee contributions

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

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

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

21.4 Superannuation fund

[21.4 varied by PR994506 from 01Jan10]

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

      (a) LUCRF;

[21.4(b) deleted by PR546015 ppc 01Jan14]

[21.4(c) renumbered as 21.4(b) by PR546015 ppc 01Jan14]

      (b) AustralianSuper;

[New 21.4(d) inserted by PR992292 ppc 19Jan10;deleted by PR546015 ppc 01Jan14]

[21.4(d) renumbered as 21.4(e) by PR992292 ppc 19Jan10,renumbered as 21.4(c) and varied by PR546015 ppc 01Jan14]

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

[New 21.4(d) inserted by PR546015 ppc 01Jan14]

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

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work and rostering

23. Rostering

24. Breaks

25. Overtime and penalty rates

25A. Requests for flexible working arrangements

22. Ordinary hours of work and rostering

[Varied by PR994506]

      Maximum weekly hours are provided for in the NES.

22.1 Ordinary hours of work

      (a) A full-time employee’s ordinary hours of work will be an average of 38 hours per week. The ordinary hours of part-time and casual employees will be in accordance with clause 10Employment categories.

      (b) An employer may require an employee to work reasonable additional hours at overtime rates.

22.2 Employees other than shiftworkers

      (a) Employees,other than shiftworkers,may be required to work up to 12 ordinary hours per day,between the hours of 5.00 am and 6.30 pm Monday to Friday.

      (b) An employer may agree with a majority of affected employees or an individual employee to alter the spread of hours in clause 22.2(a) to suit their individual needs.

22.3 Shiftworkers

      Shiftworkers may be required to work a shift of up to 12 consecutive ordinary hours (including meal breaks).

22.4 Work cycle

      (a) Employees may be engaged to work on a work cycle made up of working and non-working days.

      (b) The total ordinary hours of work during a work cycle must not exceed 38 hours multiplied by the total number of working and non-working weeks in the cycle.

      (c) The applicable overtime rates will be paid for work required to be performed in addition to rostered hours on any shift and for time required to be worked in excess of the total ordinary hours in the work cycle.

22.5 Maximum weekly hours

[22.5(a) varied by PR994506 from 01Jan10]

      (a) This clause provides industry specific detail and supplements Division 3 of the NES which deals with maximum weekly hours.

[22.5(b) varied by PR994506 from 01Jan10]

      (b) For the purposes of s.63 of the Act,an employee’s weekly hours may be averaged over a period of up to 26 weeks.

23. Rostering

[23 renumbered as 22 by PR561478 ppc 05Mar15]

23.1 Employees other than shiftworkers

      An employer may vary an employee’s days of work or starting and finishing times to meet the needs of the business by giving 48 hours’notice or such shorter period as is agreed between the employer and an individual employee.

23.2 Shiftworkers

      (a) A shift system may be implemented by the employer and may be altered from time to time to meet the needs of the business in accordance with this clause. The employer may carry out operations 24 hours per day,seven days of the week and implement and change roster systems to meet its operational requirements from time to time,having regard to the health and safety of employees.

      (b) Employees may be required to change between day work and shiftwork. An employee may be required to commence to perform or cease to perform shiftwork upon one week’s notice.

      (c) Where an employee is performing shiftwork,the employer may change shift rosters or require an employee to work a different shift roster upon 48 hours’notice. These time periods may be reduced where agreed by the employer and the employee or at the direction of the employer where operational circumstances require.

      (d) The employer must,upon request by a directly affected employee,consult with directly affected employees about any changes made under this clause.

24. Breaks

24.1 Meal breaks

      (a) All employees are entitled to an unpaid meal break of not less than 30 minutes after every five hours worked.

      (b) The time of taking a scheduled meal break by one or more employees may be altered by the employer if it is necessary to do so in order to meet a requirement for continuity of operations.

      (c) The employer may stagger the taking of meal breaks to meet operational requirements.

      (d) The employer will not require an employee to work more than five hours before the first meal is taken or between subsequent meal breaks if any.

24.2 Rest breaks

      (a) An employee may take a paid rest break of 20 minutes per day or shift.

      (b) The employer and an employee may agree to any variation of this clause to meet the requirements of the workplace and continuity of operations,provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under this clause.

      (c) The employer may stagger the time of taking rest breaks to meet operational requirements.

24.3 Minimum break between work on successive day or shifts

      (a) Employees other than shiftworkers

      (i) When overtime work is necessary it must,wherever reasonably practicable,be arranged so that employees have at least 10 consecutive hours off work between work on successive working days.

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

      (iii) If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off work,the employee must be paid at the relevant overtime rate until released from work for such period. The employee is then entitled to be absent until they have had 10 consecutive hours off work without loss of pay for ordinary working time occurring during the absence.

      (b) Shiftworkers

      For shiftworkers,the required period of consecutive hours off work is eight hours. Other arrangements are as per clauses 24.3(a)(i) to 24.3(a)(iii) above.

25. Overtime and penalty rates

[Varied by PR584175]

25.1 Overtime payments—employees other than continuous shiftworkers

      Except where provided otherwise in this clause,an employee (other than a continuous shiftworker) will be paid the following additional payments for all work done in addition to their ordinary hours:

      (a) 50% of the ordinary hourly base rate of pay for the first two hours and 100% of the ordinary hourly base rate of pay thereafter,for overtime worked from Monday to 12.00 pm Saturday;

      (b) 100% of the ordinary hourly base rate of pay for overtime worked after 12.00 pm on a Saturday and at any time on a Sunday;and

      (c) 150% of the ordinary hourly base rate of pay for overtime worked on a public holiday.

25.2 An employee recalled to work overtime after leaving the employer’s premises (whether notified before or after leaving the premises) will be engaged to work for a minimum of four hours or will be paid for a minimum of four hours work in circumstances where the employee is engaged for a lesser period.

25.3 Overtime—continuous shiftworkers

      A continuous shiftworker will be paid an additional payment for all work done in addition to ordinary hours of 100% of the ordinary hourly base rate of pay.

25.4 Method of calculation

      (a) When computing overtime payments,each day or shift worked will stand alone.

      (b) Any payments under this clause are in substitution for any other loadings or penalty rates.

25.5 Time off instead of payment for overtime

[25.5 substituted by PR584175 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 25.5.

      (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 H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 25.5 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 25.5 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 25.5 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 25.5 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 25.5 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 25.5 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 25.5.

25.6 Shiftwork penalties

      (a) A shiftworker or continuous shiftworker whilst on afternoon shift or night shift must be paid a loading of 15% of the ordinary hourly base rate of pay.

      (b) A shiftworker or continuous shiftworker whilst on permanent night shift must be paid a loading of 30% of the ordinary hourly base rate of pay.

25.7 Weekend work

      An employee will be paid the following loadings for ordinary hours worked on a Saturday or Sunday:

      (a) 50% of the ordinary hourly base rate of pay for the first two hours and 100% of ordinary hourly base rate of pay thereafter,for ordinary hours worked at any time on a Saturday;and

      (b) 100% of the ordinary hourly base rate of pay,for ordinary hours worked at any time on a Sunday.

25.8 The rate of pay referred to in clause 25.7(a) and 25.7(b) does not apply where the time worked forms part of the normal continuous hours in a normal shift.

25.9 Public holidays

      An employee will be paid at the rate of 250% of the ordinary base rate of pay for any ordinary hours worked on a public holiday.

25A. Requests for flexible working arrangements

[25A inserted by PR701444 ppc 01Dec18]

25A.1 Employee may request change in working arrangements

      Clause 25A applies where an employee has made a request for a change in working arrangements under s.65 of the Act.

      Note 1:Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in s.65(1A).

      Note 2:An employer may only refuse a s.65 request for a change in working arrangements on ‘reasonable business grounds’(see s.65(5) and (5A)).

      Note 3:Clause 25A is an addition to s.65.

25A.2 Responding to the request

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

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

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

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

      Note 1:The employer must give the employee a written response to an employee’s s.65 request within 21 days,stating whether the employer grants or refuses the request (s.65(4)).

      Note 2:If the employer refuses the request,the written response must include details of the reasons for the refusal (s.65(6)).

25A.3 What the written response must include if the employer refuses the request

      Clause 25A.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 25A.2.

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

      (b) If the employer and employee could not agree on a change in working arrangements under clause 25A.2,the written response under s.65(4) must:

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

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

25A.4 What the written response must include if a different change in working arrangements is agreed

      If the employer and the employee reached an agreement under clause 25A.2 on a change in working arrangements that differs from that initially requested by the employee,the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

25A.5 Dispute resolution

      Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 25A,can be dealt with under clause 9Dispute resolution.

Part 6—Leave and Public Holidays

26. Annual leave

27. Personal/carer’s leave and compassionate leave

28. Community service leave

29. Public holidays

30. Leave to deal with Family and Domestic Violence

26. Annual leave

[Varied by PR994506 from 01Jan10;PR583099]

Annual leave is provided for in the NES. Annual leave does not apply to casual employees.

For the purposes of Division 6—Annual leave of the NES,shiftworker means a continuous shiftworker as defined in this award.

26.1 Arrangements for taking leave

      (a) A week’s leave for employees is based on the average number of ordinary hours worked per week under the employee’s rostering arrangements.

      (b) When annual leave is taken by an employee,the employer may require that the leave be taken in accordance with the employee’s roster.

26.2 Annual leave loading

[26.2 varied by PR994506 from 01Jan10]

      When an employee takes a period of paid annual leave,the employee will be paid an annual leave loading of 17.5% of the base rate of pay for the period in addition to the payment required to be made under Division 6 of the NES.

26.3 Taking of annual leave during shut downs etc.

      An employer may direct an employee to take paid annual leave during all or part of a period where the employer shuts down the business or part of the business where the employee works. If an employee does not have sufficient accrued annual leave for the period of the shut down,then the employee may be required to take leave without pay.

26.4 Excessive leave accruals:general provision

[26.4 accrual renamed and substituted by PR583099 ppc 29Jul16]

      Note:Clauses 26.4 to 26.6 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

      (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave (or 10 weeks’paid annual leave for a shiftworker,as defined by clause 3.1).

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

      (c) Clause 26.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

      (d) Clause 26.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[New 26.5 inserted by PR583099 ppc 29Jul16]

      (a) If an employer has genuinely tried to reach agreement with an employee under clause 26.4(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 26.4,26.5 or 26.6 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 26.5(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.

26.6 Excessive leave accruals:request by employee for leave

[New 26.6 inserted by PR583099;substituted by PR583099 ppc 29Jul17]

      (a) If an employee has genuinely tried to reach agreement with an employer under clause 26.4(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

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

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

      (ii) the employee has not been given a direction under clause 26.5(a) that,when any other paid annual leave arrangements (whether made under clause 26.4,26.5 or 26.6 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

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

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 26.4,26.5 or 26.6 or otherwise agreed by the employer and employee) are taken into account;or

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

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

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

      (d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 3.1) in any period of 12 months.

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

26.7 Taking of annual leave over an extended period

[26.5 renumbered as 26.7 by PR583099 from 29Jul16]

      An employer and employee may agree that the employee can take a period of paid leave over a longer period. Where this occurs,the payment for the leave will be reduced in proportion to the period of extension. For example it may be agreed that the leave period is doubled and taken on half pay.

26.8 Annual leave in advance

[26.6(a) varied by PR994506 from 01Jan10;26.6 renumbered as 26.8 by PR583099 from 29Jul16;26.8 renamed and substituted by PR583099 ppc 29Jul16]

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

      (b) An agreement must:

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

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

      Note:An example of the type of agreement required by clause 26.8 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.

      (c) The employer must keep a copy of any agreement under clause 26.8 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 26.8,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.

26.9 Cashing out of annual leave

[26.9 inserted by PR583099 ppc 29Jul16]

      (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 26.9.

      (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 26.9.

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

      (d) An agreement under clause 26.9 must state:

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

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

      (e) An agreement under clause 26.9 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

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

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

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

      (i) The employer must keep a copy of any agreement under clause 26.9 as an employee record.

      Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 26.9.

      Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 26.9.

      Note 3:An example of the type of agreement required by clause 26.9 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

27. Personal/carer’s leave and compassionate leave

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

28. Community service leave

Community service leave is provided for in the NES.

29. Public holidays

[Varied by PR994506]

29.1 Public holidays are provided for in the NES.

29.2 Substitution of public holidays

[29.2 varied by PR994506 from 01Jan10]

      An employer and a majority of affected employees or an individual employee may reach agreement in writing to substitute a day or part-day for a day or part-day that would otherwise be a public holiday under Division 10 of the NES.

30. Leave to deal with Family and Domestic Violence

[30 inserted by PR609361 ppc 01Aug18]

30.1 This clause applies to all employees,including casuals.

30.2 Definitions

      (a) In this clause:

      family and domestic violence means violent,threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.

      family member means:

      (i) a spouse,de facto partner,child,parent,grandparent,grandchild or sibling of the employee;or

      (ii) a child,parent,grandparent,grandchild or sibling of a spouse or de facto partner of the employee;or

      (iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

      (b) A reference to a spouse or de facto partner in the definition of family member in clause 30.2(a) includes a former spouse or de facto partner.

30.3 Entitlement to unpaid leave

      An employee is entitled to 5 days’unpaid leave to deal with family and domestic violence,as follows:

      (a) the leave is available in full at the start of each 12 month period of the employee’s employment;and

      (b) the leave does not accumulate from year to year;and

      (c) is available in full to part-time and casual employees.

      Note:1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer.

      2. The employer and employee may agree that the employee may take more than 5 days’unpaid leave to deal with family and domestic violence.

30.4 Taking unpaid leave

      An employee may take unpaid leave to deal with family and domestic violence if the employee:

      (a) is experiencing family and domestic violence;and

      (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work.

      Note:The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation),attending urgent court hearings,or accessing police services.

30.5 Service and continuity

      The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee’s continuity of service.

30.6 Notice and evidence requirements

      (a) Notice

      An employee must give their employer notice of the taking of leave by the employee under clause 30. The notice:

      (i) must be given to the employer as soon as practicable (which may be a time after the leave has started);and

      (ii) must advise the employer of the period,or expected period,of the leave.

      (b) Evidence

      An employee who has given their employer notice of the taking of leave under clause 30 must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 30.4.

      Note:Depending on the circumstances such evidence may include a document issued by the police service,a court or a family violence support service,or a statutory declaration.

30.7 Confidentiality

      (a) Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause 30.6 is treated confidentially,as far as it is reasonably practicable to do so.

      (b) Nothing in clause 30 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life,health or safety of the employee or another person.

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

30.8 Compliance

      An employee is not entitled to take leave under clause 30 unless the employee complies with clause 30.

Schedule A—Transitional Provisions

[Varied by PR988422,PR994506,PR503659]

A.1 General

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

[A.1.2 substituted by PR994506 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 PR994506 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 PR994506 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 PR994506 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 PR994506 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 PR994506 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 PR994506 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 PR994506 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 PR994506 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 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 PR503659 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 and Progression Principles

[Varied by PR988422]

B.1 Classification

      In each of the classifications under this award it is a requirement that an employee must:

      (a) perform work in a fully flexible manner as reasonably required by the employer and in accordance with the employee’s ability and competence;

      (b) acquire any skills as reasonably requested by the employer and,where necessary,undertake required training and assist with the training of others;and

      (c) use such tools and equipment as may be required,subject to the limit of the employee’s skills and competence and provided that the employee has been properly trained in the use of such tools and equipment.

B.2 Progression

      An employee will progress through the classification levels subject to:

      (a) possessing the applicable skills for the level;and

      (b) being required by the employer to perform work at that level.

B.3 Classification structure

      An employee will be classified in accordance with the classification descriptions below based on whether they are employed in a wool store,a raw wool testing laboratory or a skin and hide store.

B.3.1 Wool Industry Worker Level 1 (Wool Storage)

      (a) Prerequisites

      ●basic interpersonal and communication skills;and

      ●basic literacy and numeracy skills.

      (b) Skills/duties

      ●become familiar with company policies and procedures;

      ●responsible for quality of their own work subject to detailed direction;

      ●obtain knowledge and apply appropriate manual handling skills and/or testing or sampling skills;

      ●ability to work in a team environment and/or under routine supervision;

      ●ability to exercise discretion within the limits of skills and/or training;and

      ●ability to undertake duties in a safe and responsible manner.

      The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●core sampling (non-mechanical);

      ●feeding wool into blending machines;

      ●head marking or branding of head bale at receival or weighing;

      ●inserting lot plates or dividers;

      ●lobbing;

      ●opening or closing bales (including fadging and boodling);

      ●pushing into or taking from elevators or drops;

      ●sewing;

      ●wheeling baskets;

      ●hand trucking;

      ●use of non-licensed material handling equipment;

      ●operate wool bending machine;and

      ●responsible for housekeeping in own work environment.

      (c) Promotional criteria

      An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.

B.3.2 Wool Industry Worker Level 2 (Wool Storage)

      (a) Prerequisites

      Wool Industry Worker Level 1 or equivalent

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 1 the following skills/duties are required:

      ●able to work in a team environment under limited supervision;

      ●responsible for quality of own work;and

      ●appropriate licence to operate required materials handling equipment (other than crane or fork-lift rated in excess of 20,000 kg),(as required).

      The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●breaking out of specified bales for shipping,showing,pooling or blending;

      ●breaking out for rail trucks (including the use of mechanical aids);

      ●breaking down stacks of wool;

      ●port marking and branding of wool for shipment;

      ●operating and in charge of semi automatic dump press;

      ●operation of all appropriate materials handling equipment (other than crane or fork-lift rated in excess of 20,000 kg),not requiring ancillary or incidental clerical functions;

      ●sheetman or fossicker;

      ●wool pressing;and

      ●weight adjusting.

      (c) Promotional criteria

      An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.

B.3.3 Wool Industry Worker Level 3 (Wool Storage)

      (a) Prerequisites

      Wool Industry Worker Level 2 or equivalent

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 2 the following skills/duties are required:

      ●understands and is responsible for quality control standards;

      ●advanced level of interpersonal and communications skills;

      ●keyboard skills;

      ●able to perform work required under minimal supervision;and

      ●ability to operate computerised inventory equipment (as required).

      The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●sworn weigher or employee (including fork lift driver) recording or carrying out clerical functions in receiving,weighing and delivering or shipping of bales including notifying locations of bales by radio or other electronic means;

      ●employee in charge of an out-store;

      ●operation of semi automatic core line;and

      ●employee responsible for the actual packing of containers with dumped bales.

      (c) Promotional criteria

      An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.

B.3.4 Wool Industry Worker Level 4 (Wool Storage)

      (a) Prerequisites

      Wool Industry Worker Level 3 or equivalent

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 3 the following skills/duties are required:

      ●appropriate licence to operate required materials handling equipment and/or container handling equipment and/or crane,with capacity rated greater than 20,000 kg (as required);

      ●knowledge of operation of fully automated core line operation;

      ●ability to operate computerised wool handling equipment (as required);and

      ●ability to perform a greater number of testing and sampling functions without direct supervision and to accept additional responsibilities.

      The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●operator in charge of a fully automated core line operation;

      ●operator in charge of fully automatic dump press (i.e. TriPak);

      ●operator of container handling equipment rated greater than 20,000 kg;and

      ●employee charged by employer with the responsibility of supervising and directing not more than 10 employees (not being a number of employees working as a team).

      (c) Promotional criteria

      An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.

B.3.5 Wool Industry Worker Level 5 (Wool Storage)

      (a) Prerequisites

      Wool Industry Worker Level 4 or equivalent

      Appropriate certification

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 4 the following skills/duties are required:

      ●ability to sort all types of wool to desired graded lines;

      ●ability to allocate bin types and calculate bin weights and percentages;

      ●responsible for sorting wool to industry quality control standards;

      ●understanding of operation of a wool re-handling department;and

      ●wool testing –understanding the operations of the company’s testing and/or sampling functions.

      ●The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●classing or sorting wool with or without mechanical aids;and

      ●undertake appropriate recording functions.

      (c) Promotional criteria

      An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.

B.3.6 Wool Industry Worker Level 6 (Wool Storage)

      (a) Prerequisites

      Wool Classer or equivalent

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Classer the following skills/duties are required:

      ●proven ability to train and supervise;

      ●must be competent to train wool classers;

      ●proficient in the accurate allocation of types and component percentages and weights of all wool bales;

      ●must ensure quality control standards are met by all wool re-handling personnel;

      ●must ensure the efficient operation of a wool re-handling department;and

      ●ability to perform testing and sampling functions and duties without supervision and to accept additional responsibilities.

      The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●control and co-ordinate all relevant functions of a wool re-handling operation.

B.3.7 Wool Industry Worker Level 1 (Wool Testing)

      (a) Prerequisites

      ●basic interpersonal and communication skills;and

      ●basic literacy and numeracy skills.

      (b) Skills/duties

      ●become familiar with company policies and procedures;

      ●responsible for quality of their own work subject to detailed direction;

      ●obtain knowledge and apply appropriate manual handling skills and/or testing or sampling skills;

      ●ability to work in a team environment and/or under routine supervision;

      ●ability to exercise discretion within the limits of skills and/or training;and

      ●ability to undertake duties in a safe and responsible manner.

      The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●performing of 3–4 less complicated testing functions,limited coreline supervision,manual coring and associated tasks to the above such as sample security,handling and delivery;

      ●operating mechanical sampling equipment;

      ●weighing of bales and recording bale weights as a sworn weigher;and

      ●clerical functions associated with the identification of bales and samples.

      (c) Promotional criteria

      An employee employed at this level in wool testing remains at this level until they have completed a period of service which in aggregate is equivalent to the ordinary time worked in 12 months by a full-time employee. 2008 ordinary hours of service by a casual employee will be the equivalent to the 12 month period referred to above. At the end of this,an employee will be reclassified to Level 2.

B.3.8 Wool Industry Worker Level 2 (Wool Testing –Sampling or Testing Officer)

      (a) Prerequisites

      Wool Industry Worker Level 1 or equivalent

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 1 the following skills/duties are required:

      ●able to work in a team environment under limited supervision;

      ●responsible for quality of own work;

      ●appropriate licence to operate required materials handling equipment (other than crane or fork lift rated in excess of 20,000 kg),(as required);and

      ●employees will have more detailed knowledge of Company Policies and procedures and the ability to perform a greater number of testing and sampling functions.

      The following tasks are indicative of the tasks which an employee at this level may be required to perform. Employees will be proficient in the following relevant tasks as required:

      ●laserscan testing;

      ●mechanical tuft sampling;

      ●auto residuals;

      ●atlas testing;

      ●burrs;

      ●vegetable matter dissection;

      ●fleece measurement testing;

      ●batching/receivals;

      ●more complicated non-routine testing;

      ●retufting;and

      ●recoring;and

      ●processing over weight bales.

      (c) Promotional criteria

      An employee classified as a Sampling Officer or a Testing Officer will automatically be entitled to an incremental pay increase upon completion of each successive continuous service period which,in aggregate,is equivalent to the ordinary time worked in 12 months by a full-time employee. In the case of a full-time employee such incremental pay increase or multiple thereof,if applicable,will take effect on each anniversary of the date upon which the employee was classified as a Sampling Officer or a Testing Officer,as the case may be.

      Provided that this clause will be applicable only where the employee continues to demonstrate the ability to perform,efficiently and with limited supervision,a comprehensive range of functions required to be performed within the scope of the employee’s classification.

      The automatic service increments referred to herein will not apply to casual employees. The exception to this is where a casual employee has completed 12,048 ordinary hours of service (equivalent to six years full-time). A casual employee who has completed 12,048 ordinary hours of service after 1 October,2005 will be moved to the Sampling Officer 3 or Testing Officer 3 wage rate. No further service increments will apply to such casual employees.

      The quantum of an incremental pay increase,referred to herein,will be calculated as one-quarter of the difference between the Wool Industry Worker (Wool Testing) Level 2 rate and the Wool Industry Worker (Wool Testing) Level 3 rate.

B.3.9 Wool Industry Worker Level 3 (Wool Testing —Sampling or Testing Officer)

      (a) Prerequisites

      Wool Industry Worker Level 2 or equivalent

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 2 the following skills/duties are required:

      ●understands and is responsible for quality control standards;

      ●advanced level of interpersonal and communications skills;

      ●keyboard skills;

      ●able to perform work required under minimal supervision;

      ●ability to operate computerised inventory equipment (as required);and

      ●employees must demonstrate the ability to perform the testing or sampling tasks of a Testing or Sampling Officer with minimal supervision and to demonstrate pro-active abilities in carrying out the required tasks.

      The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●conducting testing and sampling tasks with minimal supervision and demonstrating a pro-active approach to the conduct of those tasks.

      (c) Promotional criteria

      Before being classified formally as a Senior Sampling or Senior Testing Officer,an employee will be required to demonstrate the ability to accept those additional responsibilities specified for that classification for a probationary period of up to six months.

      During this probationary period,the employee will be paid as a Wool Industry Worker (Wool Testing) Level 4 at the entry point,provided that the minimum rate of pay for an employee who is responsible for training,organising and supervising more than five employees will be the mid-point of the Senior Sampling or Senior Testing Officer range.

B.3.10 Wool Industry Worker Level 4 (Wool Testing)

      (a) Prerequisites

      Wool Industry Worker Level 3 or equivalent

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 3 the following skills/duties are required:

      ●knowledge of operation of fully automated core line operation;

      ●ability to operate computerised wool handling equipment (as required);and

      ●ability to perform a greater number of testing and sampling functions without direct supervision and to accept additional responsibilities.

      The following tasks are indicative of the tasks which an employee at this level should be proficient in and may be required to perform:

      ●planning,organising and supervision of testing and/or sampling by other employees;

      ●administering the company’s operations in a specific area;

      ●undertaking a range of quality control duties;

      ●participating in stock control,ordering,purchasing and like activities associated with the testing and sampling operations;

      ●trials of testing functions and/or equipment for research and development purposes;

      ●calibration of instruments;

      ●ashing;and

      ●scoured wool testing.

      (c) Promotional criteria

      Promotion of an employee through the Wool Industry Worker Level 4 classification will be calculated as one-quarter of the difference between the entry point of the Wool Industry Worker Level 4 rate and the Wool Industry Worker Level 5 rate.

      Progression is not automatic and is dependent on a position becoming available.

B.3.11 Wool Industry Worker Level 5 (Wool Testing)

      (a) Prerequisites

      Wool Industry Worker Level 4 or equivalent

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 4 the following skills/duties are required:

      ●understanding the operations of the company’s testing and/or sampling functions.

      The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●detailed knowledge of the company’s testing and/or sampling functions;

      ●ability to plan,organise and supervise employees;

      ●ability to write reports on operations in the employee’s work area;and

      ●ability to work effectively unsupervised.

B.3.12 Wool Industry Worker Level 1 (Skin and Hide Stores)

      (a) Prerequisites

      ●basic interpersonal communication skills;

      ●basic literacy and numeracy skills.

      (b) Skills/duties

      ●become familiar with company policies and procedures;

      ●responsible for quality of their own work subject to detailed direction;

      ●obtain knowledge and apply appropriate manual handling skills and/or testing or sampling skills;

      ●ability to work in a team environment and/or under routine supervision;

      ●ability to exercise discretion within the limits of skills and/or training;and

      ●ability to undertake duties in a safe and responsible manner.

      The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●use of non-licensed material handling equipment;

      ●breaker out of certain specified bales for shipment or show purposes Brander postmarker wool for shipment;

      ●wool presser;

      ●wool blending machine operation (not being a wool classer function);

      ●trottering or handling green skins and/or handling hides;

      ●curing of skins and/or hides;

      ●preparing skins and/or hides for classers;

      ●operator of a feeder of skin,hide or wool press whether mobile or fixed;

      ●cleaning/maintenance;

      ●ability to measure accurately using gauges and meters;

      ●allocating and retrieving goods from specific warehouse areas;

      ●periodic stock checks;

      ●storing and packing of goods and materials in accordance with appropriate procedures and/or regulations;and

      ●preparation and receipt of documentation including liaison with supplier.

      (c) Promotional criteria

      An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.

B.3.13 Wool Industry Worker Level 2 (Skin and Hide Stores)

      (a) Prerequisites

      Wool Industry Worker Level 1 or equivalent

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 2 the following skills/duties are required:

      ●understands and is responsible for quality control standards;

      ●advanced level of interpersonal and communications skills;

      ●keyboard skills;

      ●able to perform work required under minimal supervision;and

      ●ability to operate computerised inventory equipment (as required).

      ●The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●licensed operation of all appropriate material handling equipment;

      ●bale clerk;

      ●trainee shipping officer;

      ●trainee classer;and

      ●wool classer trainee.

      (c) Promotional criteria

      An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.

B.3.14 Wool Industry Worker Level 3 (Skin and Hide Stores)

      (a) Prerequisites

      Wool Industry Worker Level 2 or equivalent

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 2 the following skills/duties are required:

      ●appropriate licence to operate required materials handling equipment and/or container handling equipment and/or crane,with capacity rated greater than 20,000 kg (as required);

      ●knowledge of operation of fully automated core line operation;

      ●ability to operate computerised wool handling equipment (as required);and

      ●ability to perform a greater number of testing and sampling functions without direct supervision and to accept additional responsibilities.

      The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●operation of tripak ashe press or any other similar automated dumping press;

      ●core and grab machine operator;and

      ●skin and hide classer.

      (c) Promotional criteria

      An employee remains at this level until they are capable of completing the tasks required of this level so as to enable them to be considered for promotion to the next level when a position becomes available.

B.3.15 Wool Industry Worker Level 4 (Skin and Hide Stores)

      (a) Prerequisites

      ●Wool Industry Worker Level 3 or equivalent;and

      ●appropriate certification

      (b) Skills/duties

      In addition to the skills/duties required of a Wool Industry Worker Level 3 the following skills/duties are required:

      ●ability to sort all types of wool to desired graded lines;

      ●ability to allocate bin types and calculate bin weights and percentages;

      ●responsible for sorting wool to industry quality control standards;and

      ●understanding of operation of a wool re-handling department.

      ●The following tasks are indicative of the tasks which an employee at this level may be required to perform:

      ●liaising with management,customers and suppliers with respect to stores operation;

      ●maintaining control registers including invention control and being responsible for the preparation and reconciliation of regular reports on stock movements,despatches,etc;

      ●buyer and seller of skin,hides or wool (responsible for arrangement of shows and setting out products for potential outside buyers);

      ●wool classer;

      ●valuer of skins,hides and wool;and

      ●weighing,shipping or receiving a delivery officer.

Schedule C—Supported Wage System

[Varied by PR988422,PR994506,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630,PR542164]

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

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

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

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

      disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991,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

C.3 Eligibility criteria

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

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

C.4 Supported wage rates

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

    Assessed capacity (clause C.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[C.4.2 varied by PR994506,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528, PR592689,PR606630 ppc 01Jul18]

C.4.2 Provided that the minimum amount payable must be not less than $86 per week.

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

C.5 Assessment of capacity

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

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

C.6 Lodgement of SWS wage assessment agreement

[C.6.1 varied by PR994506 from 01Jan10,varied by PR542164 ppc04Dec13]

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

[C.6.2 varied by PR994506 from 01Jan10,varied by PR542164 ppc04Dec13]

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

C.7 Review of assessment

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

C.8 Other terms and conditions of employment

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

C.9 Workplace adjustment

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

C.10 Trial period

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

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

[C.10.3 varied by PR994506,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528, PR592689,PR606630 ppc 01Jul18]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $86 per week.

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

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

Schedule D—National Training Wage

[Inserted by PR994506 from 01Jan10;varied by PR988422,PR997929,PR509075,PR522906,PR536709,PR551632,PR566716,PR579811;deleted by PR593834 ppc 01Jul17]

Schedule E—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,PR598110,PR701683 ppc 21Nov18]

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 in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

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

      (b) Where a part-time or full-time employee is usually rostered to work ordinary hours 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.

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR583099 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 G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR583099 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 H—Agreement for Time Off Instead of Payment for Overtime

[Sched H inserted by PR584175 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:
MA000044
Title:
Wool Storage,Sampling and Testing Award 2010
Effective:
21 Nov 2018
Updated:
28 Nov 2018
Instrument Type:
Modern Award
(31)
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
Wool Storage,Sampling and Testing Award 2010
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2 Sep 2016
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