Coal Export Terminals Award 2010

Coal Export Terminals Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 26 October 2018 (PR610067,PR610208).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/220;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/15;AM2016/8

Table of Contents

[Varied by PR991551,PR994520,PR546288,PR582987,PR584088,PR609362,PR610067,PR610208]

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. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Allowances

14A. Payment of wages

14A.1 Payment on termination of employment

15. Superannuation

Part 5—Hours of Work and Related Matters

16. Ordinary hours of work and rostering

17. Breaks

18. Overtime

Part 6—Leave and Public Holidays

19. Annual leave

20. Personal/carer’s leave and compassionate leave

21. Community service leave

22. Public holidays

23. Leave to deal with Family and Domestic Violence

Schedule A—Transitional Provisions

Schedule B—Classification Structure

Schedule C—Supported Wage System

Schedule D—School-based Apprentices

Schedule E—Agreement to Take Annual Leave in Advance

Schedule F—Agreement to Cash Out Annual Leave

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

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

1. Title

This award is the Coal Export Terminals Award 2010.

2. Commencement and transitional

[Varied by PR991551,PR542165]

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 PR542165 ppc 04Dec13]

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

[2.4 varied by PR542165 ppc 04Dec13]

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

[2.6 varied by PR542165 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

    (a) on its own initiative;or

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

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

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

3. Definitions and interpretation

[Varied by PR994520,PR997772,PR503660,PR546016]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994520 from 01Jan10]

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

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

    base rate of pay has the meaning in the NES

    continuous shiftworker means an employee engaged in a continuous process who is rostered to work regularly on Sundays and public holidays

    day means a calendar day commencing at midnight on one day and concluding 24 hours later (unless otherwise agreed by the employer and a majority of the employees affected)

[Definition of default fund employee inserted by PR546016 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 PR546016 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 PR503660 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 PR503660 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 PR997772 from 01Jan10]

    employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

    employer means national system employer within the meaning of the Act

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

[Definition of exempt public sector superannuation scheme inserted by PR546016 ppc 01Jan14]

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

[Definition of MySuper product inserted by PR546016 ppc 01Jan14]

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

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

[Definition of on-hire inserted by PR994520 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

    ordinary hours means the hours required to be worked by an employee for the payment of their award classification rate

    roster means any arrangement of rostered hours worked by an employee

    rostered hours means ordinary hours of work and rostered overtime

    rostered overtime means reasonable additional hours which are required to be worked by an employee as an integral part of the employee’s roster

    standard rate means the minimum weekly wage for an Operations employee Competent level in clause 13

[Definition of transitional minimum wage instrument inserted by PR994520 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 PR994520]

4.1 This industry award covers employers who operate coal export terminals in respect of work by their employees in the classifications listed in clause 13 to the exclusion of any other modern award.

4.2 A coal export terminal is a facility that receives and stockpiles coal,and loads coal onto vessels for export and which does not deal with other cargo or undertake other port activities unless such cargo or activities are of a minor nature or incidental to that facility’s activities relating to the receipt,stockpiling and loading of coal.

4.3 The award does not cover an employer who is covered by the Port Authorities Award 2010 or its employees.

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

4.5 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.6,4.7 and 4.8 inserted by PR994520 from 01Jan10]

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

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

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

[4.6 renumbered 4.9 by PR994520 from 01Jan10]

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

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Individual flexibility arrangements

[Varied by PR542165;7—Award flexibility renamed and substituted by PR610208 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 PR610208 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 PR610208 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 PR542165;substituted by PR610208 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 Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

[Varied by PR700554]

An employee may be engaged in any classification in this award 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 35 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 35 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) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work,specifying at least the days to be worked and the starting and finishing times.

    (c) Any variation to the regular pattern of work will be recorded in writing.

    (d) A part-time employee will be paid per hour 1/35th of the weekly minimum rate prescribed for their relevant classification and level found in clause 13.

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 35 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 1/35th of the minimum weekly rate of pay for their classification in clause 13,plus a casual loading of 25%. The loading constitutes part of the casual employee’s all purpose rate. A casual employee will receive a minimum of four hours payment for each engagement.

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

10.4 Right to request casual conversion

[10.4 inserted by PR700554 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(b).

    (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).

11. Termination of employment

[11 substituted by PR610208 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 PR994520,PR503660,PR561478]

12.1 Redundancy pay is provided for in the NES.

12.2 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.

12.3 Transitional provisions –NAPSA employees

[12.3 renamed by PR503660;deleted by PR561478 ppc 05Mar15]

12.4 Transitional provisions –Division 2B State employees

[12.4 inserted by PR503660;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Allowances

14A. Payment of wages

15. Superannuation

13. Classifications and minimum wage rates

[Varied by PR994520,PR997953,PR509076,PR522907,PR536710,PR544172,PR549879,PR551633,PR559273,PR566717,PR579812,PR592143,PR606370]

13.1 Adult employees

[13.1(a) varied by PR997953,PR509076,PR522907,PR536710,PR551633,PR566717,PR579812,PR592143,PR606370 ppc 01Jul18]

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

    Classification

    Minimum weekly rate
    $

    Operations and Services

     

    Entry Level - Introductory

    756.90

    Basic

    797.20

    Competent

    837.40

    Advanced

    917.60

    Maintenance Trades

     

    Entry Level - Introductory

    797.20

    Competent

    837.40

    Advanced

    917.60

    Dual Trade

    998.20

[13.2 varied by PR994520 from 01Jan10]

13.2 The employer will pay the employee’s wages,penalties and allowances at a frequency of not longer than fortnightly by electronic funds transfer into the employee’s bank (or other recognised financial institution) account nominated by the employee.

13.3 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.

13.4 Apprentices

[13.4 substituted by PR544172 ppc 01Jan14]

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

[13.4(b) substituted by PR549879 ppc 01Jan14]

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

    Year of apprenticeship

    Percentage of adult rate

     

    %

    1st year

    45

    2nd year

    55

    3rd year

    75

    4th year

    88

[13.4(c) substituted by PR566717 ppc 01Jul15]

    (c) Apprentices who commenced on or after 1 January 2014 will be entitled to the percentage of the Maintenance Trades –Competent Rate as set out in the tables below.

    Year of apprenticeship

    Percentage of Maintenance Trades –Competent Rate for apprentices who have not completed Year 12

    Percentage of Maintenance Trades –Competent Rate for apprentices who have completed Year 12

     

    %

    %

    1st year

    50

    55

    2nd year

    60

    65

    3rd year

    75

    75

    4th year

    88

    88

[13.4(d) to (k) inserted by PR559273 ppc 01Jan15]

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

    (e) For the purposes of clause 13.4(d) above,excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,which exceed those incurred in travelling to and from work. For the purposes of this subclause,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

    (f) The amount payable by an employer under clause 13.4(d) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

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

    (h) An employer may meet its obligations under clause 13.4(g) by paying any fees and/or cost of textbooks directly to the RTO.

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

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

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

13.5 Adult apprentices

[New 13.5 inserted by PR544172 ppc 01Jan14]

    (a) An adult apprentice is a person who is 21 years of age or over when they commence their apprenticeship.

    (b) Adult apprentices who commenced a three year apprenticeship before 1 January 2014 will be entitled to the percentage of the applicable adult weekly wage for their classification as set out in the table below:

    Year of apprenticeship

    Percentage of adult rate

     

    %

    1st year

    80

    2nd year

    90

    3rd year

    95

    (c) Adult apprentices who commence a three year apprenticeship on or after 1 January 2014 will be entitled to the percentage of the Maintenance Trades—Competent Rate as set out in the table below,or,in the case of a second or third year apprentice only,the rate for the lowest adult classification in clause 13.1,whichever is the greater.

    Year of apprenticeship

    Percentage of Maintenance Trades –Competent Rate

     

    %

    1st year

    80

    2nd year

    90

    3rd year

    95

    (d) Adult apprentices who commence a four year apprenticeship on or after 1 January 2014 and are in the first year of their apprenticeship will be entitled to 80% of the Maintenance Trades—Competent Rate,or the rate prescribed by clause 13.4(c) for the relevant year of the apprenticeship,whichever is the greater.

    (e) Adult apprentices who commence a four year apprenticeship on or after 1 January 2014 and are in the second and subsequent years of their apprenticeship are entitled to the rate for the lowest adult classification in clause 13.1Adult employees,or the rate prescribed by clause 13.4(c) for the relevant year of the apprenticeship,whichever is the greater.

    (f) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement,provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 13.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

13.6 Supported wage system

[13.5 renumbered as 13.6 by PR544172 ppc 01Jan14]

13.7 School-based apprentices

[13.6 renumbered as 13.7 by PR544172 ppc 01Jan14]

14. Allowances

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

[Varied by PR998172,PR509198,PR523028,PR536831,PR551754,PR566855,PR579550,PR592305,PR606526]

14.1 Except where specifically indicated,the following allowances will apply to employees covered by this award and are payable in addition to an employee’s classification rate of pay,but are not taken into account in the calculation of any other penalty rate prescribed by the award.

14.2 Tool allowance—tradespersons

[14.2(a) varied by PR998172,PR579550,PR592305 ppc 01Jul17]

    (a) A tradesperson must be paid $15.29 per week extra for supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson.

    (b) An employer may reach agreement with an individual tradesperson to provide all of the tools required in the performance of their work. In such circumstances,the tool allowance is not payable.

    (c) A tradesperson is to replace or pay for any tools supplied by their employer which are lost as a result of negligence on the part of the employee.

14.3 Licence reimbursement

    Where an employee is required by an employer to obtain and use for work a statutory licence,the employer must reimburse the employee for the cost of the licence. A pro rata rate will apply to casual or part-time employees.

14.4 Meal allowance

[14.4(a) varied by PR998172,PR509198,PR523028,PR536831, PR551754,PR566855,PR579550,PR592305,PR606526 ppc 01Jul18]

    (a) An employee must be paid a meal allowance of $14.25 on each occasion the employee is entitled to a rest break during overtime work,except in the following circumstances:

      (i) if the employee is a day worker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime;

      (ii) if the employee is a shiftworker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime;

      (iii) if the employee lives in the same locality as the enterprise and could reasonably return home for meals;or

      (iv) if the employee is provided with an adequate meal by the employer.

    (b) If an employee has provided a meal or meals on the basis that they have been given notice to work overtime and the employee is not required to work overtime or is required to work less than the amount advised,they must be paid the prescribed meal allowance for the meal or meals which they have provided but which are surplus.

14.5 First aid allowance

    An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid 0.76% of the standard rate per week extra if appointed by their employer to perform first aid duty.

14.6 Protective clothing and equipment allowance

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

14.7 Adjustment of expense related allowances

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

[14.7(b) varied by PR523028 ppc 01Jul12]

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

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

    Tool allowance

    Tools and equipment for house and garden component of the household appliances,utensils and tools sub-group

   

14A. Payment of wages

[14A inserted by PR610067 ppc 01Nov18]

14A.1 Payment on termination of employment

    (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.

15. Superannuation

[Varied by PR994520,PR546016]

15.1 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.

15.2 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.

15.3 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 15.2.

    (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 15.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 15.3(a) or (b) was made.

15.4 Superannuation fund

[15.4 varied by PR994520 from 01Jan10]

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 15.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 15.2 and pay the amount authorised under clauses 15.3(a) or (b) to one of the following superannuation funds or its successor:

    (a) Maritime Super;

[15.4(b) deleted by PR546016 ppc 01Jan14]

[15.4(c) renumbered as 15.4(b) by PR546016 ppc 01Jan14]

    (b) BHP Billiton Super Fund;

[15.4(d) renumbered as 15.4(c) by PR546016 ppc 01Jan14]

    (c) Plum Super;

[15.4(e) renumbered as 15.4(d) by PR546016 ppc 01Jan14]

    (d) Auscoal Super;

[15.4(f) renumbered as 15.4(e) by PR546016 ppc 01Jan14]

    (e) QSuper;

[15.4(g) renumbered as 15.4(f) and varied by PR546016 ppc 01Jan14]

    (f) 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 15.4(g) inserted by PR546016 ppc 01Jan14]

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

Part 5—Hours of Work and Related Matters

16. Ordinary hours of work and rostering

17. Breaks

18. Overtime

16. Ordinary hours of work and rostering

16.1 The ordinary hours of work will be an average of 35 hours per week. For the purposes of the NES an employee’s ordinary hours may be averaged over the roster cycle (not more than 26 weeks) for shiftworkers or a period of up to four weeks for day workers.

16.2 Employees other than shiftworkers

    (a) Employees,other than shiftworkers,may be required to work up to 10 ordinary hours per day,between the hours of 6.00 am and 6.00 pm Monday to Sunday. If the employer and a majority of affected employees agree,up to 12 ordinary hours per day may be worked.

    (b) All ordinary hours worked by an employee other than a shiftworker on the following days will be paid for at the following rates:

    Day

    Rate of pay

    Monday to Friday

    Single time

    Saturday

    First 4 hours at time and a half

     

    After 4 hours at double time

    Sunday

    Double time

16.3 Shiftwork

    (a) Definitions

      (i) Afternoon shift means any shift,the ordinary hours of which finish after 7.00 pm and at or before midnight.

      (ii) Night shift means any shift,the ordinary hours of which finish after midnight and at or before 8.00 am.

      (iii) Permanent night shift employee is an employee who:

        ●works night shift only;

        ●stays on night shift for a longer period than four consecutive weeks;or

        ●works on a roster that does not give at least one third of the employee’s working time off night shift in each roster cycle.

    (b) Shiftwork rates

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

      (ii) A shiftworker or a continuous shiftworker whilst on permanent night shift must be paid a loading of 25% of the ordinary hourly base rate of pay.

16.4 Rostering

    (a) Rostering of hours and length of shifts

      (i) The employer can determine the type of rosters to be worked.

      (ii) The employer can determine the shift length to be worked as long as the ordinary hours do not exceed 10. Shifts of more than 10 ordinary hours can only be implemented by agreement between the employer and the majority of employees affected or,in the absence of agreement,as resolved in accordance with clause 9 of this award.

    (b) Shift starting and finishing times

      The start and finish times of shifts up to 10 ordinary hours may be determined by the employer. Shifts in excess of 10 ordinary hours will be worked between the starting and finishing times that are agreed between the employer and the majority of employees affected or,in the absence of agreement,as resolved in accordance with clause 9 of this award.

    (c) Roster and shift changes

      (i) An employer may vary an employee’s days of work or start and finish times to meet the needs of the business by giving at least 48 hours’notice,or such shorter period as is agreed between the employer and an individual employee.

      (ii) 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.

      (iii) The employer must consult with directly affected employees about any changes made under this clause.

      (iv) Notwithstanding anything elsewhere contained in this clause,an employer may vary or suspend any roster arrangement immediately in the case of an emergency.

17. Breaks

17.1 An employee,other than a shiftworker,is entitled to an unpaid meal break of 30 minutes after every five consecutive hours worked.

17.2 A shiftworker working 10 hours or less will be entitled to a paid meal break of 30 minutes per shift.

17.3 A shiftworker working for longer than 10 hours will be entitled to paid meal breaks totalling 60 minutes per shift.

17.4 Breaks will be scheduled by the employee’s supervisor based upon operational requirements so as to ensure continuity of operations. 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.

17.5 An employee may take a paid rest break of 20 minutes after each four hours of overtime worked,if the employee is required to continue work after the rest break.

17.6 The employer and an employee may agree to any variation of this clause to meet the circumstances of the workplace,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.

18. Overtime

[Varied by PR584088]

18.1 Payment for overtime

    All time worked in excess of or outside the ordinary hours of any shift on the following days will be paid for at the following rates:

    Day

    Rate of pay

    Monday to Saturday

    First 3 hours at time and a half

     

    After 3 hours at double time

    Sunday

    Double time

    Public holidays

    Double time and a half

18.2 Method of calculation

    When computing overtime,except for clause 18.5,each day or shift worked will stand alone.

18.3 Overtime—continuous shiftworkers

    A continuous shiftworker will be paid for all work done in addition to the ordinary hours at the rate of double time.

18.4 Rest period after working overtime

    (a) Length of the rest period

      When overtime work is necessary it will be arranged where possible for employees to have at least 10 consecutive hours off duty between the work of successive days.

    (b) Where the employee does not get a 10 hour rest

      (i) The following conditions apply to an employee who works so much overtime that the employee has not had at least 10 consecutive hours off duty between the end of the employee’s rostered hours of work on one day and the start of the employee’s rostered hours of work on the next day:

        ●the employee will be released from duty after that overtime is finished until the employee has had 10 consecutive hours off duty;and

        ●there will be no loss of pay for rostered hours of work time which occur during this absence.

      (ii) The following conditions apply to an employee who,on the instructions of the employer,resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 18.4(b)(i):

        ●the employee will be paid at double time during rostered hours and after that until the employee is released from duty;

        ●the employee will then be entitled to be absent for 10 consecutive hours;and

        ●there will be no loss of pay for rostered hours of work time which occur during this absence.

18.5 Call-back

    (a) Payment for call-back

      (i) An employee who is recalled to work overtime after leaving the coal export terminal (whether the employee was notified before or after leaving it) will be paid for at least four hours’work at the appropriate rate for each time the employee is recalled.

      (ii) Except where unforeseen circumstances arise,the employee will not be required to work the full four hours if the job to be performed is completed within a shorter period.

      (iii) The provisions of this clause do not apply in the following cases:

        ●where it is customary for an employee to return to the coal export terminal to perform a specific job outside the employee’s ordinary working hours;or

        ●where the overtime is continuous (subject to a reasonable meal break) with the end or start of ordinary working time.

    (b) Call-back less than four hours

      Overtime worked in the circumstances specified in clause 18.5(a) will not be regarded as overtime for the purposes of a rest period as set down in clause 18.4 if the actual time worked is less than four hours on any recall or on each of any recalls.

18.6 Time off instead of payment for overtime

[18.6 inserted by PR584088 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 18.6.

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

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

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

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

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

      Note:An example of the type of agreement required by this clause is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G. An agreement under clause 18.6 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 18.6 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 18.6 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 18.6 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 18.6 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 18.6 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 18.6.

Part 6—Leave and Public Holidays

19. Annual leave

20. Personal/carer’s leave and compassionate leave

21. Community service leave

22. Public holidays

23. Leave to deal with Family and Domestic Violence

19. Annual leave

[Varied by PR582987]

19.1 Annual leave is provided for in the NES. This clause supplements those entitlements and provides industry specific detail.

19.2 Definition of shiftworker

    For the purpose of the additional week of annual leave provided for in the NES,a shiftworker is a continuous shiftworker as defined in clause 3.1.

19.3 Deduction of annual leave

    For each period of annual leave taken the ordinary hours of rostered shifts that would have been worked by an employee will be deducted from the employee’s accrued annual leave entitlement.

19.4 Payment for annual leave

    An employee taking annual leave must be paid either:

    (a) the employee’s ordinary rate of pay plus a loading of 17.5% of that rate;or

    (b) the employee’s rostered earnings for the period of annual leave,which includes all rostered overtime and rostered public holidays (paid at double time),but does not include shift allowances,other than for seven day roster employees,

    whichever is the greater.

19.5 When payment will be made for annual leave

    An employee will be paid for a period of annual leave in accordance with the employee’s normal pay periods,unless an employee requests that payment of the entire period of annual leave be made prior to the employee commencing leave.

19.6 Electronic funds transfer (EFT) payment of annual leave

[New 19.6 inserted by PR582987 ppc 29Jul16]

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

19.7 Taking of annual leave during shut downs

[19.6 renumbered as 19.7 by PR582987 ppc 29Jul16]

    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,then the employee may be required to take leave without pay. A minimum of four weeks notice will be given for a shutdown under this clause.

19.8 Excessive leave accruals:general provision

[19.7 renumbered as 19.8 by PR582987 ppc 29Jul16;19.8 renamed and substituted by PR582987 ppc 29Jul16]

    Note:Clauses 19.8 to 19.10 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 19.2).

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

    (c) Clause 19.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

    (d) Clause 19.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[19.9 inserted by PR582987 ppc 29Jul16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 19.8(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 19.8,19.9 or 19.10 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 19.9(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.

19.10 Excessive leave accruals:request by employee for leave

[19.10 inserted by PR582987 ppc 29Jul16 ;substituted by PR582987 ppc 29Jul17]

    (a) If an employee has genuinely tried to reach agreement with an employer under clause 19.8(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 19.9(a) that,when any other paid annual leave arrangements (whether made under clause 19.8,19.9 or 19.10 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 19.8,19.9 or 19.10 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 19.2) in any period of 12 months.

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

19.11 Annual leave in advance

[19.11 inserted by PR582987 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 19.11 is set out at Schedule E. There is no requirement to use the form of agreement set out at Schedule E.

    (c) The employer must keep a copy of any agreement under clause 19.11 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 19.11,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.

19.12 Cashing out of annual leave

[19.12 inserted by PR582987 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 19.12.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 19.12.

    (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 19.12 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 19.12 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 19.12 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 19.12.

    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 19.12.

    Note 3:An example of the type of agreement required by clause 19.12 is set out at Schedule E. There is no requirement to use the form of agreement set out at Schedule F.

20. Personal/carer’s leave and compassionate leave

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

21. Community service leave

Community service leave is provided for in the NES.

22. Public holidays

Public holidays are provided for in the NES.

23. Leave to deal with Family and Domestic Violence

[23 inserted by PR609362 ppc 01Aug18]

23.1 This clause applies to all employees,including casuals.

23.2 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 23.2(a) includes a former spouse or de facto partner.

23.3 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.

23.4 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.

23.5 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.

23.6 Notice and evidence requirements

    (a) Notice

      An employee must give their employer notice of the taking of leave by the employee under clause 23. 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 23 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 23.4.

      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.

23.7 Confidentiality

    (a) Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause 23.6 is treated confidentially,as far as it is reasonably practicable to do so.

    (b) Nothing in clause 23 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.

23.8 Compliance

    An employee is not entitled to take leave under clause 23 unless the employee complies with clause 23.

Schedule A—Transitional Provisions

[Varied by PR991551,PR503660]

A.1 General

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

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,

    (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,

    (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 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 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 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 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 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 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 PR503660 ppc 01Jan11]

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

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

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

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

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

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

Schedule B—Classification Structure

[Varied by PR991551]

B.1 Classification and progression principles

B.1.1 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.1.2 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.

    Progression from the level of Competent and above will be subject to the employee being appointed by the employer.

    Employees at a particular level in the classification structure will be expected to perform all duties within the classification and any other functions or duties which they are capable and qualified to perform.

B.2 Classification groups

B.2.1 Services employees

    A Services employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to:labouring;assisting work crews and tradespersons;operation of plant and equipment (including mobile plant);maintenance work on plant,equipment or buildings;performance of general plant,stores,workshop,warehouse and packaging tasks;preparing and cleaning equipment and materials;and on-site catering,cleaning and security.

B.2.2 Operations employees

    An Operations employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to operating and adjusting all plant equipment (and associated control panels) utilised in coal export terminal operations.

B.2.3 Maintenance Trades employees

    A Maintenance Trades employee is designated as such by their employer,performs all tasks in relation to a coal export terminal as directed by their employer and is trade qualified.

B.3 Classification structure

B.3.1 Entry Level—Introductory

    An employee at this level is undertaking the standard induction training required for the operation or business. Such training covers:conditions of employment;coal export terminal and plant safety;first aid procedures;movement around the site;work and documentation procedures;quality control and quality assurance;and introduction to supervisors and fellow workers. Employees at this level perform routine duties under direct supervision.

    This level applies to Services,Operations and Maintenance Trades employees.

B.3.2 Basic

    An employee at this level will have completed the standard induction training and have been assessed to be able to competently carry out the basic and semi-skilled work on a range of plant and equipment functions required for this level. The employee exercises discretion within their level of skill and is responsible for the quality of the work subject to routine supervision.

    An Operations employee at this level may be required to perform duties which include driving and or operating mobile plant and light vehicles such as motor vehicles,cranes and or machines. An Operations employee at this level may also perform duties relating to receiving,tipping,stacking,crushing,blending,shovelling,carting,sampling and loading of coal onto and or into wagons,rail trucks and or hoppers and or conveyor belts.

    This level applies to Services and Operations employees.

B.3.3 Competent

    An employee at this level will have been assessed as being competent to apply skills and knowledge in complex but routine situations where discretion and judgment are involved. The skills and knowledge are acquired through the completion of a trade certificate,or through practical experience which has equipped the employee with an equivalent level of skills and knowledge.

    An employee at this level can plan tasks,select equipment and appropriate procedures from known alternatives and takes responsibility for the work of others. An employee at this level requires only limited supervision or guidance.

    An employee at this level:understands and applies quality control techniques;exercises discretion within the scope of this level;performs work under limited supervision;operates all equipment incidental to the work;and assists in the provision of on-the-job training.

    An employee at this level will provide guidance and assistance to others.

    An Operations employee at this level will be required to be proficient in performing the duties of an Operations employee at the levels of Entry Level –Introductory and Basic,and may be required to perform duties relating to operating ship loading,reclaiming and stacking machines.

    This level applies to Services,Operations and Maintenance Trades employees.

B.3.4 Advanced

    An employee at this level will have met the requirements of,and be proficient in performing the duties of an employee at the levels of Entry Level—Introductory,Basic and Competent,and been assessed as being competent to perform tasks which require in-depth skill or knowledge,or the employee is assessed as having the integration of a broad range of skills. The work may be of a non-routine nature requiring the application of the relevant skills and knowledge to new but predictable situations.

    The level of skills or knowledge required to perform this work will involve the completion of post-trade training appropriate for this level,or through the acquisition of practical skills and knowledge which has equipped the employee with the equivalent level of skills and knowledge.

    An employee at this level may be required to supervise other employees and direct the conduct of work by employees at the levels of Entry Level—Introductory,Basic and Competent.

    An Operations employee at this level may be required to be competent in coal export terminal operations computer skills and perform duties which include control room operations.

    This level applies to Services,Operations and Maintenance Trades employees.

B.3.5 Dual Trade

    A Maintenance Trades employee at this level will have met the requirements of,and be proficient in performing,the duties of a Maintenance Trades employee at the levels of Competent and Advanced,and hold a dual trade qualification or equivalent prescribed post-trade course used in the operation and has acquired additional knowledge enabling the employee to apply dual trade skills or an equivalent level of high precision specialised trade skills in one area.

    An employee at this level has high precision trade skills in more than one area;is qualified to work on machinery or equipment with complex mechanical,hydraulic,electrical circuitry or controls;and meets the skills requirements for Tradespersons in accordance with the Manufacturing and Associated Industries and Occupations Award 2010 for this level.

    This level applies to Maintenance Trades employees.

Schedule C—Supported Wage System

[Varied by PR991551,PR994520,PR998748,PR510670,PR525068,PR537893. PR542165,PR551831,PR568050,PR581528,PR592689,PR606630]

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

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

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

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

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

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

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

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

C.3 Eligibility criteria

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

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

C.4 Supported wage rates

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

    Assessed capacity (clause C.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[C.4.2 varied by PR994520,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 PR542165 ppc 04Dec13]

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

[C.6.2 varied by PR542165 ppc 04Dec13]

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

C.7 Review of assessment

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

C.8 Other terms and conditions of employment

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

C.9 Workplace adjustment

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

C.10 Trial period

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

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

[C.10.3 varied by PR994520;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—School-based Apprentices

[Varied by PR991551,PR544172]

D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.

D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.

D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award,calculated hourly,will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

D.4 For the purposes of clause D.3,where an apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.

D.5 A school-based apprentice must be allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

D.6 For the purposes of this schedule,off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

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

[D.8 substituted by PR544172 ppc 01Jan14]

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

[D.9 substituted by PR544172 ppc 01Jan14]

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

[D.10 substituted by PR544172 ppc 01Jan14]

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

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

Schedule E—Agreement to Take Annual Leave in Advance

[Sched E inserted by PR582987 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 F—Agreement to Cash Out Annual Leave

[Sched F inserted by PR582987 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 G—Agreement for Time Off Instead of Payment for Overtime

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:
MA000045
Title:
Coal Export Terminals Award 2010
Effective:
26 Oct 2018
Updated:
29 Oct 2018
Instrument Type:
Modern Award
(26)
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
Coal Export Terminals Award 2010
(15)
(1)
2 Sep 2016
(25)
1.0.10.0