Surveying Award 2010

Surveying Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 29 July 2017 (PR583086).

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

24Annual leave

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/287;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/15;AM2016/8

Table of Contents

[Varied by PR991574,PR532628,PR544519,PR546288,PR557581,PR573679,PR583086,PR584162]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

8. Facilitative provisions

Part 2—Consultation and Dispute Resolution

9. Consultation

10. Dispute resolution

Part 3—Types of Employment and Termination of Employment

11. Types of employment

12. Termination of employment

13. Redundancy

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Allowances

17. District allowances

18. Payment of wages

19. Accident pay

20. Superannuation

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work and rostering

22. Breaks

23. Overtime and penalty rates

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classification Structure and Definitions

Schedule C—Supported Wage System

Schedule D—School-based Apprentices

Schedule E—2016 Part-day Public Holidays

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

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

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

8. Facilitative provisions

1. Title

This award is the Surveying Award 2010.

2. Commencement and transitional

[Varied by PR991574,PR542186]

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 PR542186 ppc 04Dec13]

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

[2.5 varied by PR542186 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 PR542186 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 PR993030,PR994489,PR997772,PR503699,PR532239,PR536241,PR546042]

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 PR994489 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)

[Definition of default fund employee inserted by PR546042 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 PR546042 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 PR503699 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 PR503699 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 PR546096 ppc 01Jan14]

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

[Definition of Graduate surveyor varied by PR994489 from 01Jan10;substituted by PR536241 ppc 07May13]

    Graduate surveyor means a person who possesses a bachelor degree in a relevant spatial discipline and who is eligible for admission as an Associate Member - Graduate of the Surveying and Spatial Sciences Institute.

[Definition of Licensed Surveyor substituted by PR536241 ppc 07May13]

    Licensed Registered surveyor is an employee who is required to be registered in accordance with the provisions of relevant legislation,and/or endorsed (if required),and qualified to carry out surveying duties.

[Definition of MySuper product inserted by PR546042 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 PR994489 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

[Definition of Professional surveying duties substituted by PR536241 ppc 07May13]

    professional surveying duties means duties carried out by a person in a particular employment the adequate discharge of any portion of which duties requires Graduate qualifications of the employee acceptable to Surveying and Spatial Sciences Institute for admission to the grade of Associate member.

[Definition of Professional surveyor substituted by PR536241 ppc 07May13]

    Professional surveyor means an employee qualified to carry out professional surveying duties as defined. The term Professional surveyor will include Graduate surveyor and Licensed/Registered surveyor and other Professional Surveyors whose field of surveying does not require formal registration.

[Definition of standard rate inserted by PR532239 ppc 12Dec12]

    standard rate means the minimum hourly rate for a Level 10 in clause 15.1(a)

[Definition of transitional minimum wage instrument inserted by PR994489 from 01Jan10]

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

[Definition of union deleted by PR993030 ppc 25Feb10]

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

4. Coverage

[Varied by PR994489,PR544811]

[4.1 varied by PR994489 from 01Jan10]

4.1 This occupational award covers employers throughout Australia who employ professional surveyors and other employees in the classifications listed in Schedule B—Classification Structure and Definitions and their employees to the exclusion of any other modern award.

4.2 The award does not cover employees of a local government covered by another award.

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

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

[New 4.5 inserted by PR994489 from 01Jan10]

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

[4.6 inserted by PR994489 from 01Jan10]

4.6 This award covers any employer which supplies on-hire employees in classifications set out in Schedule B and those on-hire employees,if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. This subclause operates subject to the exclusions from coverage in this award.

[4.5 renumbered as 4.7 by PR994489 from 01Jan10;substituted by PR544811 ppc 01Jan14]

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

[4.8 inserted by PR544811 ppc 01Jan14]

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Award flexibility

[Varied by PR542186]

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

    (a) arrangements for when work is performed;

    (b) overtime rates;

    (c) penalty rates;

    (d) allowances;and

    (e) leave loading.

[7.2 varied by PR542186 ppc 04Dec13]

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

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

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

[7.3(b) varied by PR542186 ppc 04Dec13]

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

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

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

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

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

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

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

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

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

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

7.8 The agreement may be terminated:

[7.8(a) varied by PR542186 ppc 04Dec13]

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

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

[Note inserted by PR542186 ppc 04Dec13]

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

[New 7.9 inserted by PR542186 ppc 04Dec13]

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

[7.9 renumbered as 7.10 by PR542186 ppc 04Dec13]

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

8. Facilitative provisions

[Varied by PR993030]

8.1 Agreement to vary award provisions

    (a) This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in clauses 8.2(a) and 8.3(a).

    (b) The specific award provisions establish both the standard award conditions and the framework within which agreement can be reached as to how the particular provisions would be applied in practice.

    (c) Facilitative provisions are not a device to avoid award obligations,nor should they result in unfairness to an employee or employees covered by this award.

8.2 Facilitation by individual agreement

    (a) The following facilitative provisions can be utilised upon agreement between an employer and an employee provided that the agreement complies with clause 8.2(b):

    Clause title

    Clause number

    Part-time hours and variations to them

    11.3

    Monthly payment of wages

    18.1

    Method of payment of wages

    18.2

    Change to rostered day off

    21.2

    Accumulation of rostered days off

    21.4

    Meal breaks

    22.1

    Time off instead of overtime

    23.1(b)

    Alternatives to time off instead of overtime

    23.1(c)

    Change to meal break on overtime

    23.6

    (b) The agreement reached must be kept by the employer as a time and wages record.

8.3 Facilitation by majority agreement

    (a) The following facilitative provisions can be utilised only upon agreement between the employer and the majority of employees in the workplace or section or sections of it,provided the requirements of 8.2(b),8.3(b) and 8.3(c) have been met.

    Clause title

    Clause number

    Spread of hours

    21.1

    Spread of hours during daylight saving

    21.1(b)

    Working less than five days

    21.2

    Substitution of public holidays

    27.3

    (b) Where agreement has been reached with the majority of employees in the workplace,or a section or sections of it,to implement a facilitative provision in clause 8.3(a),that agreement is binding on all such employees.

[8.3(c) substituted by PR993030 ppc 25Feb10]

    (c) If there are employees of the enterprise covered by this award who are members of the union,the employer must inform the union/s of the intention to use the facilitative provision and the union/s must be given a reasonable opportunity to participate in negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

    (d) A vote of employees in the workplace,a section or sections of it,taken in accordance with this subclause,to determine if there is a majority employee support for implementation of a facilitative provision,will be of no effect unless taken with the agreement of the employer.

Part 2—Consultation and Dispute Resolution

9. Consultation

10. Dispute resolution

9. Consultation

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

9.1 Consultation regarding major workplace change

    (a) Employer to notify

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

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

    (b) Employer to discuss change

      (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 9.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

      (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 9.1(a).

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

9.2 Consultation about changes to rosters or hours of work

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

    (b) The employer must:

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

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

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

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

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

10. Dispute resolution

[Varied by PR542186]

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

[10.2 varied by PR542186 ppc 04Dec13]

10.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace,and all appropriate steps under clause 10.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.

[10.3 varied by PR542186 ppc 04Dec13]

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

[10.4 varied by PR542186 ppc 04Dec13]

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

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

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

Part 3—Types of Employment and Termination of Employment

11. Types of employment

12. Termination of employment

13. Redundancy

11. Types of employment

[Varied by PR994489]

11.1 Employment categories

    (a) Employees under this award are to be employed in one of the following categories:

      (i) full-time;

      (ii) part-time;or

      (iii) casual

    (b) At the time of engagement the employer must inform each employee in writing of the terms of their engagement and classification.

11.2 Casual employment

    (a) A casual employee means an employee specifically engaged as such.

[11.2(b) varied by PR994489 from 01Jan10]

    (b) A casual employee will be paid per hour 1/38th of the weekly rate prescribed in this award for the work performed. In addition,a casual employee will receive a 25% loading instead of annual leave,personal/carer’s leave,bereavement leave and public holidays.

11.3 Part-time employment

    (a) A part-time employee is an employee engaged specifically to regularly work less hours per day or week than a full-time employee on such specified days and hours as agreed in writing at the commencement of engagement. Such specified days and hours cannot be altered without mutual agreement between the employer and employee and any variation must be recorded in writing.

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

    (c) Part-time employees are to be paid per hour 1/38th of the weekly rate prescribed for the work performed.

    (d) The terms of this award will apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

    (e) The rates for overtime,Sunday and public holiday work apply respectively for time worked in excess of the specified hours in accordance with clause 11.3(a).

    (f) An employee whose employment is terminated while working:

      ●part-time after converting from full-time;or

      ●full-time after converting or reverting from part-time;

      is entitled to all termination payments under this award at the full-time rate of pay applying to their work.

    (g) Length of service for the purposes of all termination payments under this award are calculated on the basis of the total of:

      ●all periods of full-time employment;and

      ●all periods of part-time employment being converted to the pro rata full-time equivalent.

11.4 Full-time employment

    Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee,unless otherwise specified in the award.

11.5 Professional development

    (a) It is understood and accepted that it is the responsibility of the employees to keep themselves informed of developments in their profession,and to develop their professional knowledge and ability and that it is appropriate for employees to be encouraged to undertake self-development programs.

    (b) Where,the employee and the employer agree that an activity be undertaken by the employee as a component of a structured training program or otherwise,the employer will meet all costs associated with the training.

12. Termination of employment

12.1 Notice of termination is provided for in the NES.

12.2 Notice of termination by an employee

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

12.3 Job search entitlement

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

13. Redundancy

[Varied by PR994489,PR503699,PR561478]

13.1 Redundancy pay is provided for in the NES.

13.2 Transitional provisions –NAPSA employees

[13.2 varied by PR994489;renamed by PR503699;deleted by PR561478 ppc 05Mar15]

13.2 Transfer to lower paid duties

[13.3 renumbered as 13.4 by PR503699;13.4 renumbered as 13.2 by PR561478 ppc 05Mar15]

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

13.3 Transitional provisions –Division 2B State employees

[13.3 inserted by PR503699;deleted by PR561478 ppc 05Mar15]

13.3 Employee leaving during notice period

[13.4 renumbered as 13.5 by PR503699;13.5 renumbered as 13.3 by PR561478 ppc 05Mar15]

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

13.4 Job search entitlement

[13.5 renumbered as 13.6 by PR503699;13.6 renumbered as 13.4 by PR561478 ppc 05Mar15]

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

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

    (c) This entitlement applies instead of clause 12.3.

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Allowances

17. District allowances

18. Payment of wages

19. Accident pay

20. Superannuation

14. Classifications

The classification structure and definitions for employees covered by this award are set out in Schedule B—Classification Structure and Definitions.

14.1 Disclosure of qualifications

    An employee who is employed in,or who is an applicant for employment covered by this award will,if and when required to do so by their employer or an employer to whom they have applied for employment,produce to their employer or prospective employer written evidence that they possess or have acquired the qualifications necessary for the classification applied for.

15. Minimum wages

[Varied by PR997941,PR509097,PR522928,PR536241,PR536731,PR551654,PR566743,PR579836,PR592164,PR592164]

15.1 Wages

[15.1(a) varied by PR997941,PR509097,PR522928,PR536731,PR551654,PR566743,PR579836,PR592164 ppc 01Jul17]

    Wage group

    Hourly rate

    Weekly rate

     

    $

    $

    Level 12

    18.81

    714.90

    Level 11

    19.88

    755.60

    Level 10

    21.29

    809.10

    Level 9

    22.63

    859.80

    Level 8

    24.41

    927.50

    Level 7

    24.91

    946.50

    Level 6

    25.58

    971.90

    Level 5

    26.92

    1022.80

    Level 4

    27.59

    1048.30

    Level 3

    28.79

    1094.10

    Level 2

    31.47

    1195.90

    Level 1

    35.49

    1348.50

15.2 Junior rates

    The weekly rate for juniors is the appropriate percentage of the Level 10 rate in accordance with clause 15.1,as follows:

    Age

    Relativity

     

    %

    17

    52

    18

    62

    19

    75

    20

    88

15.3 Employees who possess relevant technical qualifications on commencement of employment under this award are paid in accordance with clause 15.5.

15.4 Professional surveyors/Licensed surveyors receive incremental advancement in accordance with clause B.1.16(a).

15.5 Phasing in of wage rate of employees without relevant work experience

[15.5 substituted by PR536241 ppc 07May13]

    An employee who possesses the appropriate level of academic qualifications and who otherwise meets the requirements of the relevant classification,but who is without prior experience in the industry or other relevant work experience,is to be paid in accordance with the following formula:

    Qualification

    Years of relevant work experience

    % of award rate of pay

    Diploma

    0

    77 of Level 7 rate

     

    1

    85 of Level 7 rate

     

    2

    96 of Level 7 rate

     

    3

    100 of Level 7 rate

       

    Advanced diploma

    0

    72 of Level 5 rate

     

    1

    79 of Level 5 rate

     

    2

    89 of Level 5 rate

     

    3

    93 of Level 5 rate

     

    4

    100 of Level 5 rate

   

16. Allowances

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

[Varied by PR998177,PR509219,PR523049,PR536852,PR551775,PR566876,PR579569,PR592324]

16.1 Meal allowance

[16.1 varied by PR998177,PR509219,PR523049,PR536852,PR551775,PR566876,PR579569,PR592324 ppc 01Jul17]

    An employee required to work on a Sunday or public holiday for more than four hours must either be supplied with a meal by the employer or paid $12.12 for the meal taken during the first and/or subsequent rest break.

16.2 Fares

    (a) If an employee is directed to work at a place other than their usual place of employment,all reasonable fares necessarily incurred by them each day in excess of the normal fares of travelling from their home to their usual place of employment and return must be paid by the employer.

    (b) If an employee is directed to work at a place other than their usual place of employment the fare which is payable under this clause must be such as to enable them to travel economy class,where available.

16.3 Air travel

    Air travel will be economy class. In the case of economy air travel the allowance prescribed in clause 16.1 must be paid for each meal period occurring during the duration of the travel,provided the employee did not receive a meal in flight for each period concerned.

16.4 Travelling time payment

    Where an employee is directed to work at a place other than their usual place of employment,all time occupied by them on any day in travelling which is in excess of the time normally occupied in travelling when working at their usual place of employment is deemed to be working time. Provided that where the excess travelling time is in excess of one hour each way,the employer has the option,subject to mutual agreement between the employer and employee concerned,of providing reasonable living away from home expenses for any period in excess of four weeks.

16.5 Living away from home allowance

    An employee required by their employer to work temporarily away from their usual place of employment and,as a result,is required to sleep away from their usual place of residence,is entitled to the following:

    (a) fares to and from the place at which their employer requires the employee to work;

    (b) all reasonable expenses including board and lodging;and

    (c) payment at ordinary rates of pay for all time spent in travelling between the employee’s usual place of employment and the temporary location,such paid time not to exceed 7.6 hours in 24 hours.

16.6 Vehicle allowance

[16.6 varied by PR523049,PR536852,PR551775 ppc 01Jul14]

    In cases where it is mutually agreed that an employee will be required to use their private vehicle during the course of employer’s business,an employee must be paid reasonable compensation,but in no case will they receive payment at a rate less than the equivalent of $0.78 per kilometre so travelled.

16.7 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.

    (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

    Vehicle allowance

    Private motoring sub-group

   

17. District allowances

[Varied by PR994489;17 deleted by PR561478 ppc 05Mar15]

18. Payment of wages

18.1 Wages will be paid weekly or fortnightly at the discretion of the employer or monthly by mutual agreement between the employee and the employer.

18.2 Wages will be paid by mutual agreement between the employee and the employer either in cash,by cheque or by electronic funds transfer into an account nominated by the employee.

18.3 Payment of wages either by cash or by cheque must be made during working hours.

18.4 Where it is known that the employee will be absent from their normal workplace on pay day,the employer must make arrangements for the payment of wages no later than the normal pay day.

18.5 Where an employee is required to work at a location other than their normal place of employment for an extended period,the employer must make prior arrangement for the payment of wages to such employee no later than the normal pay day.

19. Accident pay

[Varied by PR994489,PR503699;19 deleted by PR561478 ppc 05Mar15]

20. Superannuation

[Varied by PR994489,PR546042]

20.1 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.

20.2 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.

20.3 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 20.2.

    (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 20.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or (b) was made.

20.4 Superannuation fund

[20.4 varied by PR994489 from 01Jan10]

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b) to one of the following superannuation funds or its successor:

    (a) AustralianSuper;

    (b) Sunsuper;

    (c) Tasplan;

    (d) Statewide Superannuation Ltd;

[20.4(e) varied by PR546042 ppc 01Jan14]

    (e) 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

[20.4(f) inserted by PR546042 ppc 01Jan14]

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

20.5 Absence from work

    Subject to the governing rules of the relevant superannuation fund,the employer must also make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b) while the employee is on any paid leave.

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work and rostering

22. Breaks

23. Overtime and penalty rates

21. Ordinary hours of work and rostering

21.1 Ordinary hours of work

    (a) The ordinary hours of work must not exceed an average of 38 per week and must be worked between 6.00 am and 6.00 pm Monday to Friday inclusive,provided that the actual hours within the spread of hours may be altered by mutual agreement between the employer and the majority of employees concerned in the establishment or section or sections concerned.

    (b) During periods when daylight saving is in operation the spread of hours may be 5.00 am to 5.00 pm where there is agreement between the employer and the majority of employees affected.

21.2 Rostered day off

    The employer and the majority of the employees concerned in the establishment or section or sections concerned may agree that the ordinary working hours be worked to enable a weekday off to be taken off on a basis to be mutually agreed.

21.3 Notice of rostered days off

    (a) The employer must advise the employee at least four weeks in advance of the weekday to be taken off.

    (b) Such days off will be subject to the operational needs of the establishment and having regard to urgent and unforeseen circumstances in which case a substitute day must be arranged by mutual agreement.

21.4 Accumulation of days off

    Where agreed with the employer,an employee may accumulate up to five days’leave to be taken when mutually convenient.

21.5 Rostered days off—building and construction industry

    Where employees subject to this award perform survey work on a recognised building and construction industry site,those employees may work on a prescribed rostered day off which is applicable to that particular site under the following circumstances:

    (a) where that is required by the employer and such work is necessary to allow other employees to be employed productively;

    (b) to carry out out-of-hours maintenance;

    (c) because of unforeseen delays to a particular project or a section of it;or

    (d) for other reasons arising from unforeseen or emergency circumstances on a project.

22. Breaks

22.1 Meal break

    (a) Not less than 30 minutes or more than one hour will be allowed for a meal break each day,as mutually agreed.

    (b) An employee must not be required to work for more than five hours without a break for a meal.

22.2 Morning and afternoon tea break

    (a) Employees are allowed a rest period of 10 minutes without deduction of pay in the morning at a time fixed by the employer.

    (b) Employees are permitted,without ceasing work,to take an afternoon tea break.

23. Overtime and penalty rates

[Varied by PR509219,PR523049,PR536852,PR551775,PR566876,PR579569,PR584162,PR592324]

23.1 An employer must compensate an employee for all authorised time worked in excess of normal hours of duty by:

    (a) payment for such excess hours at the rate of time and a half for the first three hours and double time thereafter;

[23.1(b) substituted by PR584162 ppc 22Aug16]

    (b) providing time off in lieu of payment for overtime in accordance with clause 23.11;or

    (c) such other arrangement as may be mutually agreed.

23.2 An employee must be paid at the rate of double time for work done on Sunday and such double time will continue until the employee is relieved from duty.

23.3 An employee must be paid at the rate of double time and a half for work done on public holidays as defined in this award and such double time and a half must continue until the employee is relieved from duty.

23.4 An employee recalled to work overtime,after leaving their employer’s premises or required to work overtime on a Saturday,Sunday or public holiday must be paid for a minimum of four hours’work at the appropriate overtime rate.

23.5 An employee working overtime must be allowed a rest break of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues to work after such rest break.

23.6 Unless the period of overtime is less than one and a half hours an employee before starting overtime after working ordinary hours must be allowed a meal break of 20 minutes which must be paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work at hand provided that the employer will not be required to make any payment in respect of any time allowed in excess of 20 minutes.

[23.7 varied by PR509219,PR523049,PR536852,PR551775,PR566876,PR579569,PR592324 ppc 01Jul17]

23.7 An employee required to work beyond two hours after the usual finishing time of work must be paid a meal allowance of $12.12 for the meal and for each subsequent meal,or be provided with an adequate meal.

[23.8 varied by PR509219,PR523049,PR536852,PR551775,PR566876,PR579569,PR592324 ppc 01Jul17]

23.8 An employee required to work on a Sunday or public holiday for more than four hours must either be supplied with a meal by the employer or paid $12.12 for the meal taken during the first and/or subsequent rest break.

23.9 When an employee working overtime or working on a Sunday or public holiday finishes work at a time when normal means of transport is not available,the employer must provide the employee with a conveyance to their home.

23.10 An employee working on a Sunday or public holiday must be allowed a rest break of 20 minutes without deduction of pay after such four hours of work,if the employee continues work after such rest break.

23.11 Time off instead of payment for overtime

[23.11 inserted by PR584162 ppc 22Aug16]

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

    (b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 23.11.

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

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

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

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

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

      Note:An example of the type of agreement required by this clause is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 23.11 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

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

      EXAMPLE:By making an agreement under clause 23.11 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

    (e) Time off must be taken:

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

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

    (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 23.11 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

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

    (h) The employer must keep a copy of any agreement under clause 23.11 as an employee record.

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

    (j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 23.11 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

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

    (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 23.11 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 23.11.

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Public holidays

24. Annual leave

[Varied by PR546347,PR583086]

24.1 Annual leave is provided for in the NES.

24.2 Annual leave loading

    During a period of annual leave an employee must receive a loading of 17.5% on the rate of pay they would have been entitled to receive for their ordinary hours had they not been on such leave.

24.3 Annual leave close-down

[24.3 substituted by PR546347 ppc 24Jan14]

    (a) Where an employer intends temporarily to close (or reduce to nucleus) their establishment or a section of it for the purposes,among other things,of allowing annual leave to the employees concerned or a majority of them,they may give in writing to such employees one month’s notice (or,in the case of any employee engaged after giving of such notice,notice on the date of the employee’s engagement) that the employer elects to apply the provisions of this clause.

    (b) Where an employee has been given notice pursuant to clause 24.3(a) and the employee has:

      (i) accrued sufficient annual leave to cover the full period of closing,the employee must take paid annual leave for the full period of closing;

      (ii) insufficient accrued annual leave to cover the full period of closing,the employee must take paid annual leave to the full amount accrued and leave without pay for the remaining period of the closing;or

      (iii) no accrued annual leave,the employee must take leave without pay for the full period of closing.

    (c) Public holidays that fall within the period of close down will be paid as provided for in this award and will not count as a day of annual leave or leave without pay.

24.4 Annual leave in advance

[24.4 inserted by PR583086 ppc 29Jul16]

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

    (b) An agreement must:

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

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

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

    (c) The employer must keep a copy of any agreement under clause 24.4 as an employee record.

    (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.4,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

24.5 Cashing out of annual leave

[24.5 inserted by PR583086 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.5.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.5.

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

    (d) An agreement under clause 24.5 must state:

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

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

    (e) An agreement under clause 24.5 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

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

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

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

    (i) The employer must keep a copy of any agreement under clause 24.5 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 24.5.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.5.

    Note 3:An example of the type of agreement required by clause 24.5 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

24.6 Excessive leave accruals:general provision

[24.6 inserted by PR583086 ppc 29Jul16]

    Note:Clauses 24.6 to 24.8 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

    (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave.

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

    (c) Clause 24.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

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

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

[24.7 inserted by PR583086 ppc 29Jul16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 24.6(a) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

    (b) However,a direction by the employer under paragraph (a):

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.6,24.7 or 24.8 or otherwise agreed by the employer and employee) are taken into account;and

      (ii) must not require the employee to take any period of paid annual leave of less than one week;and

      (iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

      (iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

    (c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect.

    (d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given.

    Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 24.7(b)(i).

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

24.8 Excessive leave accruals:request by employee for leave

[24.8 inserted by PR583086;substituted by PR583086 ppc 29Jul17]

    (a) If an employee has genuinely tried to reach agreement with an employer under clause 24.6(a) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

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

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

      (ii) the employee has not been given a direction under clause 24.7(a) that,when any other paid annual leave arrangements (whether made under clause 24.6,24.7 or 24.8 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

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

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.6,24.7 or 24.8 or otherwise agreed by the employer and employee) are taken into account;or

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

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

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

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

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

25. Personal/carer’s leave and compassionate leave

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

26. Community service leave

Community service leave is provided for in the NES.

27. Public holidays

27.1 Public holidays are provided for in the NES.

27.2 All work performed on a public holiday is deemed to be to be work in excess or outside of ordinary hours of duty and will be paid or compensated for in accordance with clause 23Overtime and penalty rates.

27.3 Public holidays—process for substitution

    (a) An employer and their employees may agree to substitute another day for any public holidays prescribed in this clause. For this purpose,the consent of the majority of affected employees constitutes agreement.

    (b) An agreement pursuant to clause 27.3(a) must be recorded in writing and be available to every affected employee.

Schedule A—Transitional Provisions

[Varied by PR991574,PR503699]

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 PR503699 ppc 01Jan11]

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

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

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

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

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

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

Schedule B—Classification Structure and Definitions

[Schedule B substituted by PR536241 ppc 07May13]

B.1 Classification Definitions

B.1.1 Definitions

    Surveying means the act or process of determining the form,contour,position,area,height,depth or any other similar particulars of the earth’s surface,whether on land or water or of any natural or artificial features on,below or above any part of that surface or planning the position or the length and direction of the bounding lines of any part of that surface,or of any such natural or artificial features thereof and includes the making or obtaining of a plan of plans thereof.

    It includes the acquisition,management,interpretation and analysis of data;the portrayal and dissemination of derived information in written,graphical,numerical,digital,photographic or magnetic media;and associated consulting,design,and plan preparation. In addition and when performed by employees in the classifications listed in Schedule B –Classification Structure and Definitions,Surveying also includes administration,management and technical support activities.

    Surveyor means an employee classified at Level 6 or above.

    Survey Technician means an employee classified at Level 9,Level 8 or Level 7.

    Survey Assistant means an employee classified at Level 12,Level 11 or Level 10.

    The words or equivalent where they appear in these definitions mean:

      ●A qualification recognised as equivalent by a State Training Authority or by a Registered Training Organisation registered by that Authority;or

      ●Equivalent skill and knowledge gained through on-the-job experience and/or relevant training which can be assessed using relevant competency standards and assessment procedures.

B.1.2 Accreditation and Regulation

    Where registration under state or federal legislation is required to carry out particular types of surveying work (such as cadastral,mining,hydrographic surveying work) at any level,then such registration is mandatory for an employee employed at that level unless responsibility for the work is taken by another surveyor appropriately registered.

    Where duties/responsibilities as described in this Schedule B - Classification Structure and Definitions require supervision by a Licensed/Registered Surveyor,such duties/responsibilities must be undertaken with the appropriate supervision by a Licensed/Registered Surveyor as defined in Clause 3 of the Award.

B.1.3 Level 12 –Survey Assistant Level I (82% relativity)

    Survey Assistant Level I is a survey assistant who is capable of working in a team environment and who is aware of safe work practices.

    (a) Minimum training and requirements

    A Survey Assistant Level I means an employee who holds no relevant qualification but is capable of assisting the surveyor or survey technician.

    (b) Duties

    Indicative duties under supervision include:

    ●assisting in field work under direct supervision which may involve the setting up of basic field equipment;

    ●maintaining and cleaning basic survey equipment;and

    ●performing general office duties under instruction.

B.1.4 Level 11 –Survey Assistant Level II (90% relativity)

    Survey Assistant Level II is a survey assistant who performs work above and beyond the skills of an employee at Level 12 –Survey Assistant Level I and who is capable of working in a team environment and who is aware of safe work practices.

    (a) Minimum training and requirements

    A Survey Assistant Level II means a person who has completed a Certificate II or equivalent.

    (b) Duties

    Indicative duties,under supervision,include:

    ●setting up surveying instruments;

    ●maintaining and cleaning basic survey instruments;

    ●reducing levels;and

    ●undertaking general office duties.

B.1.5 Level 10 –Survey Assistant Level III (100% relativity)

    Survey Assistant Level III is a survey assistant who performs work above and beyond the skills of an employee at Level 11 –Survey Assistant Level II and who is able to show initiative in the performance of survey tasks and is able to adapt to form part of a team for the purpose of performing surveys.

    (a) Minimum training and requirements

    A Survey Assistant Level III means a person who:

    ●has completed 85% towards a Certificate III;or

    ●equivalent.

    (b) Duties

    Indicative duties,under supervision include:

    ●measuring accurately using the correct techniques;

    ●assisting on field surveys;

    ●understanding and performing basic survey tasks under instruction;

    ●reducing basic field measurements;and

    ●maintaining and calibrating survey equipment.

B.1.6 Level 9 –Survey Technician Level I (110% relativity)

    Survey Technician Level I is a survey technician who works above and beyond an employee at Level 10 –Survey Assistant Level III and who works in a team environment or performs their duties under regular supervision and who possesses a basic understanding of the down loading of field data into computers and basic keyboard skills. In addition employees at this level possess basic mathematical skills enabling the employee to understand EDM measurement and booking techniques and to perform the duties listed below.

    (a) Minimum training and requirements

    A Survey Technician Level I means a person who:

    ●has completed 40% towards an Advanced Diploma of 60% towards a Diploma;or

    ●has completed 85% towards a Certificate IV;or

    ●equivalent.

    (b) Duties

    Indicative duties include:

    ●the competent reduction of levels;

    ●the accurate transfer of survey information;

    ●basic plan preparation;

    ●accurate angular observation;

    ●efficient field techniques;

    ●responsibility for the acquisition of data in the field under the immediate supervision of a qualified surveyor or their appointee;and

    ●measuring accurately.

B.1.7 Level 8 –Survey Technician Level II (125% relativity)

    Survey Technician Level II is a survey technician who works above and beyond an employee at Level 9 –Survey Technician Level I and to the level of their training and who is able to use survey based computer programmes. In addition an employee at this level possesses an overall knowledge and understanding of the principles of the systems and equipment on which they are required to carry out their tasks.

    (a) Minimum training and requirements

    A Survey Technician Level II means a person who:

    ●has completed 50% towards an Advanced Diploma or 85% towards a Diploma;

    ●is an (entry point) Professional Surveyor (three year graduate);or

    ●equivalent.

    (b) Duties

    Indicative duties include:

    ●providing technical guidance or advice within the scope of this level;

    ●providing limited technical reports on assigned tasks as directed within the scope of this level;

    ●carrying out limited engineering surveys to the required accuracy under immediate supervision or direction;

    ●preparing basic plans using either manual or computer based methods under supervision;and

    ●undertaking survey computations.

B.1.8 Level 7 –Surveying Technician Level III (130% relativity)

    Surveying Technician Level III is a survey technician who works above and beyond an employee at Level 8 –Survey Technician Level II and to the level of their training and who is able to use survey based computer programmes. In addition an employee at this level will have an overall knowledge and understanding of the principles of the systems and equipment on which they are required to carry out their tasks and a basic knowledge of those aspects of civil engineering,geology,soil and fauna/environmental disciplines relevant for their surveying practice.

    (a) Minimum training and requirements

    A Survey Technician III (including an acting or part-time party leader) means a person who:

    ●has completed a Diploma;or

    ●is a Professional Surveyor who has completed a four year degree course,or three year degree course plus one year experience;or

    ●equivalent.

    (b) Duties

    Indicative duties include:

    ●providing technical guidance or advice within the scope of this level;

    ●preparing reports of a technical nature on specific tasks or assignments as directed or within the scope of discretion at this level;

    ●assisting in the provision of on-the-job training in conjunction with supervisors and trainers;

    ●carrying out surveys to the required accuracy under supervision or direction;

    ●preparing plans,using either manual or computer based methods under supervision;

    ●survey computations;

    ●obtaining survey information and interpreting this information for drawing,computation or survey needs;and

    ●being able to use survey based computer programmes.

B.1.9 Level 6 –Surveyor Level I (135% relativity)

    Surveyor Level I is a surveyor who works above and beyond an employee at Level 7 –Surveying Technician Level III,and whose duties may include document research,field and office work and checks on their own work and the leading of groups carrying out field or office work under controlled supervision. Work is carried out under prescribed methods and standards and is reviewed for validity,adequacy,and methodology.

    (a) Minimum training and requirements

    A Surveyor Level I (including a Party Leader (Supervised/Technical) Surveyor) means an employee who:

    ●has completed 80% of an Advanced Diploma;or

    ●is a Professional Surveyor who has completed a degree and experience;or

    ●equivalent.

    (b) Duties

    Indicative duties include:

    ●whilst working under controlled supervision,gathering or setting out field data and collating the resultant or separate information using computer techniques;

    ●preparing work sheets for engineering surveys and applying all relevant checks to ensure quality of computed work;

    ●preparing plans to an acceptable standard;

    ●clearly setting out all computations and checks to surveying work for checking by a Professional Surveyor;

    ●assisting in the training of staff,maintenance of equipment and office records;and

    ●assisting in the development of new techniques and procedures.

B.1.10 Level 5 –Surveyor Level II (145% relativity)

    Surveyor Level II (including a Party-Leader) is a surveyor who works above and beyond an employee at Level 6- Surveyor Level I,and who,whilst not requiring supervision for daily tasks,is still responsible to a more senior Professional Surveyor. A Surveyor Level II is able to perform surveys,to the required accuracy for the various types of surveys under direction of a co-ordinator and/or Professional Surveyor. Surveying assignments at this level require judgment with guidance available from more senior surveyors on unusual features.

    (a) Minimum training and requirements

    A Surveyor Level II (including a Party-Leader) means an employee who:

    ●has completed an Advanced Diploma;or

    ●is a Professional Surveyor who has completed a degree and relevant experience;or

    ●equivalent.

    (b) Duties

    Indicative duties include:

    ●interpreting survey information to enable field surveys to relate to previous surveys;

    ●making adoptions for boundary definitions and present these adoptions with evidence to a Licensed/Registered Surveyor for ratification;and

    ●preparing reports on the manner in which the surveys were conducted and justification of results.

B.1.11 Level 4 –Surveyor Level III (150% relativity)

    Surveyor Level III is a surveyor who acts above and beyond an employee at Level 5 –Surveyor Level II and,whilst not requiring supervision in the performance of these duties is still responsible to a more senior Professional Surveyor. Work is carried out without detailed supervision,but with guidance on unusual features based on project complexity,and the surveyor is engaged on more complex surveying assignments requiring substantial judgement.

    (a) Minimum training and requirements

    A Surveyor Level III means an employee who has completed:

    ●a three or four year degree;or

    ●an Advanced Diploma and sufficient additional training so as to enable the employee to meet the requirements of the relevant classification definition and to perform work within the scope of this level;or

    ●accredited education and training so as to reach a standard equivalent to a 3 or 4 year degree and who is required to perform the work set out;or

    ●equivalent.

    (b) Duties

    Indicative duties include:

    ●to the level of their experience,co-ordinating other field parties in the performance of their duties;

    ●carrying out field surveys to a professional standard to the satisfaction of the employer;

    ●contributing to the improvement of field and office techniques;

    ●managing computer files and job flow patterns;

    ●ensuring quality assurance for the areas directly under their control;

    ●preparing detailed reports on survey results;

    ●being of such professional attitude and demeanour to enable themselves to represent their employer at meetings;and

    ●being technically competent in all areas relating to the employee’s speciality.

B.1.12 Level 3 –Surveyor Level IV (160% relativity)

    Surveyor Level IV means a surveyor who has a mature approach to the completion of survey projects and who acts above and beyond an employee at Level 4 –Surveyor Level III. Supervision received is in broad objectives such that direction from management will enable the surveyor to determine whether targets are being reached.

    Employees at this level are required to be proficient in and maintain their knowledge of,aspects of law and technology relating to the field of surveying in which the employee practices. At this level an employee’s work is carried out within broad guidelines requiring conformity with overall objectives,project targets,relative priorities and necessary cooperation with other stakeholder units. In addition,employees at this level will have responsibility for improving the skills of those over whom they have direct control and have responsibility for conducting regular checks on Quality Control procedures in place for the surveyor’s place of equipment.

    A Surveyor Level IV will include a Licensed/Registered Surveyor who has successfully completed all necessary requirements for registration. Such a qualification however is not mandatory for work at this level.

    (a) Minimum training and requirements

    A Surveyor Level IV (including an experienced Professional SurveyorExperienced/Licensed) means an employee who has completed:

    ●a three or four year degree;or

    ●an Advanced Diploma and sufficient additional training so as to enable the employee to meet the requirements of the relevant classification definition and to perform work within the scope of this level;or

    ●accredited education and training so as to reach a standard equivalent to a 3 or 4 year degree and who is required to perform the work set out;or

    ●equivalent.

B.1.13 Level 2 –Surveyor Level V (180% relativity)

    Surveyor Level V is a senior surveyor whose normal duties require the application of mature surveying knowledge with scope for individual accomplishment and co-ordination of difficult and responsible surveying alignments. They deal with problems for which it is necessary to modify established guides and devise new approaches.

    Employees at this level are responsible for the management of complex projects and some business development tasks. They are able to work at an advanced level in project resource allocation,supervision and coordination including liaison with local governments,government agencies and clients,and determination of project technical and financial requirements with a minimum of supervision.

    Duties are assigned only in terms of broad objectives,and are reviewed for policy,soundness of approach,accomplishment and general effectiveness. They may plan,direct and co-ordinate the work of other professional surveyors and may also supervise other professional and technical staff.

    (a) Minimum training and requirements

    A Surveyor Level V (including a Manager Project/Specialist) means an employee who has completed:

    ●a three or four year degree to qualify as a Professional surveyor;or

    ●additional accredited education and training so as to reach a standard equivalent to a three or four year degree and who is required to perform the work set out above;or

    ●equivalent.

B.1.14 Level 1 –Surveyor Level VI (210% relativity)

    Surveyor Level VI means a senior surveyor who is required to perform professional surveying work involving considerable independence in approach and demanding a considerable degree of originality,ingenuity and judgment. They require knowledge of more than one field of surveying or are an expert in a particular field of surveying.

    Their normal duties may include those included in Level 2 –Surveyor Level V plus strategic business management and development. They are able to work at an advanced level in resource allocation,supervision of staff,complex projects and liaison with local government and other agencies without supervision and make independent decisions on surveying policies and technical functions. Duties are assigned only in terms of broad objectives and are reviewed for policy,soundness of approach,accomplishment and general effectiveness.

    (a) Minimum training and requirements

    A Surveyor Level VI (including a Manager Business/Specialist) means an employee who has completed:

    ●a three or four year degree to qualify as a Professional surveyor;or

    ●accredited education and training so as to reach a standard equivalent to a three or four year degree and who is required to perform the work set out above;or

    ●equivalent.

B.1.15 Professional surveyor—graduate

A Professional surveyor—graduate,is a Professional surveyor (as defined) and will mean a person who has successfully completed a course of studies approved by the Surveyor’s Board or the Surveying and Spatial Sciences Institute.

    (a) Duties

      (i) The surveyor undertakes initial professional surveying tasks of limited scope and complexity,such as minor phases of broader assignments,in office,plant,field or laboratory work.

      (ii) Under supervision from higher level Professional surveyors as to method of approach and requirements,the Professional surveyor—graduate performs normal professional surveying work and exercises individual judgment and initiative in the application of surveying principles,techniques and methods.

      (iii) In assisting more senior professional surveyors by carrying out tasks requiring accuracy and adherence to prescribed methods or surveying analysis,design or computation,the surveyor draws upon advanced techniques and methods learned during and after the undergraduate course.

      (iv) Training,development and experience using a variety of standard surveying methods and procedures,enable the Professional surveyor—graduate to develop increasing professional judgment and apply it progressively to more difficult tasks at the Level 3 - Surveyor Level IV.

      (v) Decisions are related to tasks performed,relying upon precedent or defined procedures for guidance. Recommendations are related to solution of problems in connection to the tasks performed.

      (vi) Work is reviewed by higher level Professional surveyors for validity,adequacy,methods and procedures. With professional development and experience work receives less review,and the Professional surveyor—graduate progressively exercises more individual judgment until the level of competence is achieved.

      (vii) The Professional surveyor—graduate may assign and check work of technical staff assigned to work on a common project.

B.1.16

The percentage wage relativities to Level 10 in the classification definitions in Clause B.1 reflect the percentages prescribed in 1990 in Re Metal Industry Award 1984—Part I (M039 Print J2043) and in the Land Surveyors General Award 1998 (AP787068CRV Print N4014) The minimum wages in this award do not reflect these relativities because some wage increases since 1990 have been expressed in dollar amounts rather than percentages and as a result have altered the relativities.

    (a) Progression to Level 3—Professional surveyor/Licensed surveyor

      The Professional surveyor—graduate will receive increments upon the attainment of skills,and demonstration of competence which fulfill the requirements of the following levels in the classification structure as outlined in this clause.

Graduate three year course

     

    Level

    Entry point –Survey Technician Level II (125% relativity)

    8

    Survey Technician Level III (130% relativity)

    7

    Surveyor Level I (135% relativity)

    6

    Surveyor Level II (145% relativity)

    5

    Surveyor Level III (150% relativity)

    4

Graduate four year course

     

    Level

    Entry point –Survey Technician Level III (130% relativity)

    7

    Surveyor Level I (135% relativity)

    6

        Level II (145% relativity)

    5

    Surveyor Level III (150% relativity)

    4

   

Schedule C—Supported Wage System

[Varied by PR991574,PR994489,PR998748,PR510670,PR525068,PR537893,PR542186,PR551831,PR568050,PR581528, PR592689]

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

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

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

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

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

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

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

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

C.3 Eligibility criteria

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

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

C.4 Supported wage rates

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

Assessed capacity (clause C.5)

%

Relevant minimum wage

%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

[C.4.2 varied by PR994489,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528, PR592689 ppc 01Jul17]

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

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

C.5 Assessment of capacity

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

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

C.6 Lodgement of SWS wage assessment agreement

[C.6.1 varied by PR542186 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 PR542186 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 PR994489,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528, PR592689 ppc 01Jul17]

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

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

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

Schedule D—School-based Apprentices

[Varied by PR991574]

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 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.

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). 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 If an apprentice converts from school-based to full-time,all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

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

Schedule E—2016 Part-day Public Holidays

[Sched E inserted by PR532628 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863 ppc 31May16]

This schedule operates in conjunction with award provisions dealing with public holidays.

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

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

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

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

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

    (e) Where an employee works any hours between 7.00pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

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

    (g) Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.

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

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

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR583086 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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

I agree that:

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

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___


Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR583086 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

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

[Sched H inserted by PR584162 ppc 22Aug16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Amount of overtime worked:_______ hours and ______ minutes

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

About this document
(1)
Code:
MA000066
Title:
Surveying Award 2010
Effective:
29 Jul 2017
Updated:
14 Aug 2017
Instrument Type:
Modern Award
(28)
Surveying Award 2010
Surveying Award 2010
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Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
Surveying Award 2010
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(1)
2 Sep 2016
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