Educational Services (Schools) General Staff Award 2010

Educational Services (Schools) General Staff Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 29 July 2017 (PR582995).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/225;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2015/6;AM2016/15;AM2016/17;AM2016/8

Table of Contents

[Varied by PR991584,PR994501,PR532630,PR544519,PR546288,PR557581,PR573679,PR582995,PR584095]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Leave without pay during non-term weeks

12. Termination of employment

13. Redundancy

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Allowances

17. Accident pay

18. Higher duties

19. Payment of wages

20. Superannuation

21. Supported wage and national training wage

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work

23. Rostered days off

24. Breaks

25. Shiftwork

26. Penalty rates

27. Overtime

Part 6—Leave and Public Holidays

28. Annual leave

29. Personal/carer’s leave and compassionate leave

30. Community service leave

31. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classifications

Schedule C—Supported Wage System

Schedule D—National Training Wage

Schedule E—Apprentices

Schedule F—2016 Part-day Public Holidays

Schedule G—Agreement to Take Annual Leave in Advance

Schedule H—Agreement to Cash Out Annual Leave

Schedule I

Schedule J—Agreement for Time Off Instead Of Payment for Overtime

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Educational Services (Schools) General Staff Award 2010.

2. Commencement and transitional

[Varied by PR991584,PR542196]

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 PR542196 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 PR542196 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 PR542196 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 PR994501,PR997772,PR503720,PR544176,PR546056]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

[Definition of adult apprentice inserted by PR544176 ppc 01Jan14]

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

[Definition of agreement-based transitional instrument inserted by PR994501 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 PR546056 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 PR546056 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 PR503720 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 PR503720 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 PR546056 ppc 01Jan14]

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

    general employee means an employee of a school providing:

    (a) boarding supervision services—being an employee whose principal duties are to support the operation of a school’s boarding house in relation to the supervision of students;

    (b) classroom support services—being an employee whose principal duties are to provide support to teachers and students in a primary or secondary classroom or to individual students or groups of students;

    (c) curriculum/resources services—being an employee whose principal duties are to support the operation of curriculum-related services,such as those provided by a library,laboratory or a technology centre;

    (d) instructional services—being an employee,other than a qualified teacher,whose principal duties are to develop the framework for and provide instruction to students (within a structured learning environment) under the general supervision of a member of the teaching staff;

    (e) nursing services—being an employee who is a registered nurse in the relevant State/Territory and is employed as such;

    (f) preschool/childcare services—being an employee whose principal duties are to work with children in a preschool,early learning centre or kindergarten operated by a school for pre-primary aged children,a childcare centre or an outside school hours care program (other than a qualified preschool/early childhood teacher);

    (g) school administration services—being an employee whose principal duties are in the functional areas of a school’s business operations,including but not limited to clerical,administration,finance,marketing,fundraising,public relations,information technology,human resources administration and information management;

    (h) school operational services—being an employee whose principal duties are to support the other services of a school,including but not limited to:

      (i) construction,plumbing,carpentry,painting and other trades;

      (ii) cleaning,maintenance,school facility management;

      (iii) security,caretaking;

      (iv) gardening,turf management,farming;

      (v) retailing—canteens,uniform shops,book shops;

      (vi) cooking/catering,housekeeping,laundry;and

      (vii) bus driving and vehicle maintenance.

    (i) wellbeing services—being an employee whose principal duties are to support the health and wellbeing of students,and employees,where appropriate. This may include home/school liaison,counsellors and therapists.

[Definition of MySuper product inserted by PR546056 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)

    non-term week means weeks in the school year other than term weeks and include periods designated as school holidays for students

[Definition of on-hire inserted by PR994501 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

    principal means the employee appointed by the employer to the most senior leadership position in a school

    school education industry means the provision of education including preschool or early childhood education in a school,registered and/or accredited under the relevant authority in each state or territory or in an early childhood service operated by a school,including all operations of the school. Where the provision of school education is directed,managed and/or controlled by a central or regional administration of a system of schools it may also include persons involved in providing such services to schools.

    school year means the period of 12 months commencing from the day the employees are required to attend the school for the new educational year or the calendar year,as determined by the school,and includes term weeks and non-term weeks

    standard rate means the annual salary applicable to Level 3.1 in clause 15Minimum wages

    term weeks means the weeks in the school year that students are required to attend school as set out in the school calendar of each school

[Definition of transitional minimum wage instrument inserted by PR994501 from 01Jan10]

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

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

4. Coverage

[Varied by PR994501]

4.1 Subject to clauses 4.2,4.3 and,4.4 this award covers employers in the school education industry throughout Australia and their employees employed in the classifications contained in Schedule B to the exclusion of any other modern award.

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

4.3 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 4.4 inserted by PR994501 from 01Jan10]

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

[New 4.5 inserted by PR994501 from 01Jan10]

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

[4.6 inserted by PR994501 from 01Jan10]

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

[4.4 renumbered as 4.7 by PR994501 from 01Jan10]

4.7 This award does not apply to:

    (a) a teacher engaged as such;

    (b) a principal or deputy principal,however named;

    (c) a bursar or business manager,however named being the most senior administrative employee employed with delegated authority to act for the employer;or

    (d) a member of a recognised religious teaching order and/or a Minister of Religion or a person engaged for the purpose of religious instruction,supervision of prayers or to undertake other religious duties of a non-teaching nature.

[4.5 renumbered as 4.8 by PR994501 from 01Jan10]

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

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Award flexibility

[Varied by PR542196]

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 PR542196 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 PR542196 ppc 04Dec13]

    (b) result in the employee being better of 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 PR542196 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 PR542196 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 PR542196 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 PR542196 ppc 04Dec13]

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

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

8. Consultation

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

8.1 Consultation regarding major workplace change

    (a) Employer to notify

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

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

    (b) Employer to discuss change

      (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

      (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).

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

8.2 Consultation about changes to rosters or hours of work

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

    (b) The employer must:

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

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

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

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

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

9. Dispute resolution

[Varied by PR542196]

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

[9.2 varied by PR542196 ppc 04Dec13]

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

[9.3 varied by PR542196 ppc 04Dec13]

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

[9.4 varied by PR542196 ppc 04Dec13]

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

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

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

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Leave without pay during non-term weeks

12. Termination of employment

13. Redundancy

10. Types of employment

[Varied by PR994501]

10.1 Employees under this award will be employed in one of the following categories:

    (a) full-time employment;

    (b) part-time employment;or

    (c) casual employment.

10.2 At the time of engagement,an employer will inform each employee whether they are employed on a full-time,part-time or casual basis and the employee’s classification.

10.3 Full-time employment

    A full-time employee is an employee engaged to work 38 hours per week or an average of 38 hours per week pursuant to clause 22Ordinary hours of work.

10.4 Part-time employment

    (a) A part-time employee is an employee who is engaged to work less than 38 ordinary hours per week or an average of less than 38 hours per week and/or for less than the full school year and who has reasonably predictable hours of work.

    (b) A part-time employee will be paid an hourly rate of 1/38th of the weekly rate for the employee’s classification.

    (c) A part-time employee’s award entitlements will be calculated on a pro rata basis.

    (d) At the time of engagement,the employer and the part-time employee will agree in writing on a regular pattern of work,specifying the number of hours worked each day,the days of the week the employee will work,the number of weeks of the school year the employee will work and starting and finishing times each day.

    (e) The terms of the agreement in clause 10.4(d) may be varied by agreement between the employer and an employee. Any such variation will be recorded in writing.

10.5 Casual employment

    (a) A casual employee is an employee engaged as such.

    (b) A casual employee will be paid an hourly rate of 1/38th of the weekly rate for the employee’s classification,plus 25%.

[10.5(c) varied by PR994501 from 01Jan10]

    (c) A casual employee will be engaged and paid for a minimum of two hours for each engagement. Except that a preschool/childcare services employee working in an out of school hours care program may satisfy the two hour minimum by working one hour before school and one hour after school on the same day.

    (d) A casual employee must be paid at the termination of each engagement,or fortnightly or monthly in accordance with usual payment methods for full-time employees.

11. Leave without pay during non-term weeks

11.1 Arrangements

    An employee may be required to take leave without pay during non-term weeks,provided that:

    (a) the employee’s contract of employment specifies the arrangement in writing;

    (b) all such periods count as service for the purpose of calculating accrued leave entitlements and do not break continuity of service;

    (c) if appropriate work is available for an employee during any such period,the existing employee may be offered such employment (whether on a full-time,part-time or casual basis). The employee who is on leave without pay may refuse an offer of employment without prejudice to their normal employment relationship;and

    (d) appropriate work will mean such work as is available that is capable of being performed by the employee. Remuneration for such work will be at the rate of pay applicable to the work being performed.

11.2 Calculating annual salary for an employee on leave without pay during non-term weeks

    (a) The formula in this subclause may be used to calculate an annual salary for an employee whose contract of employment makes provision,in writing,for leave without pay during non-term weeks.

    (b) The adjusted annual salary for an employee is:

      A = C x working weeks + 4 weeks annual leave

      52.18

      Where:

      A means the employee’s adjusted annual salary

      C means the annual salary (as contained in clause 15Minimum wages) for the employee’s classification

      Working weeks means the number of weeks that the employee is required to work

    (c) For the purpose of calculating any allowance or penalty for an employee,the allowance or penalty will be calculated on the ordinary hourly rate applicable before the adjustment provided for in this clause is applied.

    (d) An employee may elect,in writing,to be paid only for the time worked (and therefore not during non-term weeks) rather than to be paid an adjusted annual salary as provided by this clause.

    (e) Where a person employed as at the date of making this award is not employed on a contract which allows for leave without pay during non-term weeks or is not employed under an award or a notional agreement preserving a State award which permits an employee to be required to take leave without pay during non-term weeks (however expressed). That employee will not be required to take such leave or have their contract of employment changed as a result of this award coming into operation.

    (f) The making of this award is not intended to prevent other arrangements for staff who are not required to work during non-term weeks to be agreed between the employer and majority of employees in a school.

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 PR994501,PR503720,PR561478]

13.1 Redundancy pay is provided for in the NES.

13.2 Transfer to lower paid duties

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

13.3 Employee leaving during notice period

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

13.4 Job search entitlement

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

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

    (c) This entitlement applies instead of clause 12.3.

13.5 Transitional provisions –NAPSA employees

[13.5 substituted by PR994501;renamed by PR503720;deleted by PR561478 ppc 05Mar15]

13.6 Transitional provisions –Division 2B State employees

[13.6 inserted by PR503720;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Allowances

17. Accident pay

18. Higher duties

19. Payment of wages

20. Superannuation

21. Supported wage and national training wage

14. Classifications

All employees must be classified according to the structure set out in Schedule B—Classifications and paid the minimum wage in clause 15Minimum wages. An employer must advise an employee in writing of their classification and of any changes to their classification.

15. Minimum wages

[Varied by PR994501,PR997982,PR509107,PR522938,PR536741,PR538572,PR544176,PR551664,PR566754,PR575283,PR579856,PR592176]

15.1 Annual rates of pay

[15.1 varied by PR997982,PR509107,PR522938,PR536741,PR538572 ppc 22Jul13,PR551664,PR566754,PR579856,PR592176 ppc 01Jul17]

    An employer will pay an adult employee not less than the rate of pay specified for the employee’s classification.

    Classification level

    Weekly rate

    Annual salary

     

    $

    $

    Level 1

      

    1.1

    714.90

    37,303

    1.2

    742.30

    38,733

    1.3

    769.40

    40,147

    Level 2

      

    2.1

    775.40

    40,460

    2.2

    799.60

    41,723

    Level 3

      

    3.1

    809.60

    42,245

    3.2

    824.10

    43,002

    Level 4

      

    4.1

    854.60

    44,593

    4.2

    897.40

    46,826

    Level 5

      

    5.1

    926.50

    48,345

    5.2

    970.90

    50,662

    Level 6

      

    6.1

    1005.70

    52,477

    6.2

    1074.20

    56,052

    Level 7

      

    7.1

    1105.70

    57,695

    7.2

    1141.20

    59,548

    7.3

    1176.40

    61,385

    Level 8

    1281.20

    66,853

    Note:The Annual salary will be determined by multiplying the weekly rate by 52.18 and rounding to the nearest dollar amount.

15.2 Commencement level and progression

    (a) Where there is more than one minimum pay point for a classification level an employee will be eligible for movement to the next highest pay point within the classification level after each 12 month period,following a performance review which the employer will complete before the end of the 12 month period.

    (b) Movement to the next pay point within a classification level will occur unless a review implemented by the employer demonstrates that performance against the relevant classification descriptors has not been satisfactory.

[15.2(c) substituted by PR575283 ppc 21Dec15]

    (c) The commencement levels for employees will be as follows:

    Classification

    Commencement level

    School operations services grade 1

    Level 1.1

    School administration services grade 1

    Level 1.2

    Classroom support services grade 1
    Preschool/childcare services grade 1

    Level 1.3

    Classroom support services grade 2
    Curriculum/resources services grade 1
    Preschool/childcare services grade 2
    Boarding supervision services grade 1
    Wellbeing services grade 1
    School administration services grade 2
    School operational services grade 2
    Instructional services grade 1

    Level 2.1

    Classroom support services grade 3
    Curriculum/resources services grade 2
    Preschool/childcare services grade 3
    Boarding supervision services grade 2
    School administration services grade 3
    School operational services grade 3
    Instructional services grade 2

    Level 3.1

    Curriculum/resources services grade 3
    Preschool/childcare services grade 3A
    Boarding supervision services grade 3
    Wellbeing services grade 2
    School administration services grade 4
    School operational services grade 4

    Level 4.1

    Instructional services grade 3

    Level 4.2

    Curriculum/resources services grade 4
    Preschool/childcare services grade 4
    Boarding supervision services grade 4
    School administration services grade 5
    School operational services grade 5
    Instructional services grade 4

    Level 5.1

    Preschool/childcare services grade 5
    Instructional services grade 5
    Wellbeing services grade 3
    Nursing services grade 1
    School administration services grade 6
    School operational services grade 6

    Level 6.1

    Wellbeing services grade 4
    Nursing services grade 2
    School administration services grade 7

    Level 7.1

    Preschool/childcare services grade 6 (1–39 places)

    Level 7.2

    Preschool/childcare services grade 6 (40–59 places)

    Level 7.3

    Nursing services grade 3
    Preschool/childcare services grade 6 (60 or more places)
    Wellbeing services grade 5
    School administration services grade 8

    Level 8

15.3 Junior employees

    A junior employee appointed at classification level 1 or 2 is to be paid at the following percentage of the appropriate adult rate for the position performed.

    Age

    % of adult rate

    Under 17 years of age

    50

    17 years of age

    60

    18 years of age

    70

    19 years of age

    80

    20 years of age

    90

15.4 Apprentices

[Paragraph numbered as 15.4(a) and varied by PR994501 from 01Jan10;substituted by PR544176 ppc 01Jan14]

    (a) Apprentices may be employed in accordance with the provisions of Schedule E—Apprentices.

    (b) An apprentice,other than an adult apprentice,who commenced before 1 January 2014 will be paid a percentage of the standard rate as follows:

    Year of apprenticeship

    % of the standard rate

    First year

    45

    Second year

    55

    Third year

    75

    Fourth year

    90

[15.4(c) substituted by PR566754 ppc 01Jul15]

    (c) An apprentice,other than an adult apprentice,who commenced on or after 1 January 2014 will be paid a percentage of the standard rate as follows:

    Year of apprenticeship

    Has not completed Year 12

    Has completed Year 12

     

    % of the standard rate

    First year

    50

    55

    Second year

    60

    65

    Third year

    75

    75

    Fourth year

    90

    90

    (d) The rate of pay for an adult apprentice will be the rate prescribed for the lowest classification in clause 15.1,or the relevant rate prescribed in clause 15.4(b) or 15.4(c),whichever is the greater.

    (e) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement,provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 15.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

16. Allowances

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

[Varied by PR994501,PR998086,PR509229,PR523059,PR536862,PR551785,PR561478,PR566886,PR575283,PR579582,PR592334]

16.1 Caretakers’accommodation

    (a) An employee who is employed as a caretaker and who is required by the employer to reside in premises provided by the employer,will be provided with living quarters,fuel and light at no cost to the employee.

    (b) The on call and recall allowances in clause 16.4 do not apply to a caretaker provided with accommodation.

16.2 District allowances

[16.2 deleted by PR561478 ppc 05Mar15]

16.2 First aid allowance

[16.3 renumbered as 16.2 by PR561478 ppc 05Mar15]

    (a) Application

      An employee who is designated by the employer to perform first aid duty,including the dispensing of medication to students in accordance with medication plans,and who holds a current recognised first aid qualification,will be paid an allowance of:

      (i) 1.65% of the standard rate per annum;or

      (ii) 1/240th of the allowance in clause 16.2(a)(i),if designated on a per day basis.

    (b) Excluded employees

      This allowance does not apply to:

      (i) a nurse;

      (ii) an employee employed exclusively as a first aid officer;or

      (iii) an employee whose appointment to the position of first aid officer has been taken into account in classifying their position.

16.3 Meal allowance

[16.4 renumbered as 16.3 by PR561478 ppc 05Mar15]

    Where an employer requires an employee:

    (a) to undertake more than two hours’overtime after the completion of a full day of work (defined as not less than 7.6 hours),the employer will provide a meal to the employee. The exceptions to this are:

      (i) if an employee could reasonably return home for a meal;or

[16.4(a)(ii) varied by PR998086,PR509229,PR523059,PR536862,PR551785;16.4 renumbered as 16.3 by PR561478 ppc 05Mar15;16.3(a)(ii) varied by PR566886,PR579582 ,PR592334 ppc 01Jul17]

      (ii) if it is not possible to provide a meal,the employer will pay a meal allowance of $15.14 to the employee,

    (b) employed in a boarding role,to be on duty during meal times,the employee will be entitled to the meal provided to the school’s boarding students.

16.4 On call and recall allowance

[16.5 renumbered as 16.4 by PR561478 ppc 05Mar15]

    (a) On call allowance

      An on call allowance will be paid to an employee who is required by an employer to hold themselves available to be recalled to work. The employee will be paid an allowance equal to one ordinary hour’s pay for each period of up to 24 hours that the employee is required to be on call.

    (b) Recall allowance

      An employee recalled to duty at the workplace will be paid a minimum of two hours at the appropriate overtime rate where that duty is not continuous with their ordinary hours of duty.

    (c) Exceptions

      The on call and recall allowances do not apply to:

      (i) an employee paid a sleepover allowance in accordance with clause 16.5;or

      (ii) an employee provided with reasonable accommodation,including living quarters,fuel and light,and available to the employee for their exclusive use at no cost to the employee.

16.5 Sleepover allowance

[16.6 renumbered as 16.5 by PR561478 ppc 05Mar15]

    (a) Subject to clause 16.5,where the employer requires a boarding supervision services employee or a nursing services employee to sleepover on the employer’s premises or at a school camp site for a period outside that of the employee’s normal rostered hours of duty,the following arrangements will apply:

      (i) the employee will be entitled to an amount of 0.11% of the standard rate per sleepover,which is defined as sleeping in at night to undertake duty of care requirements and to be on call for emergencies;

      (ii) where the employee is required by the employer to perform work during a sleepover,the employee will be paid for the time worked at the rate of 150% of the ordinary hourly rate of pay with a minimum payment being for 30 minutes;

      (iii) any time worked under clause 16.5(a)(ii) will not be taken into account for the purposes of clause 10Types of employment,and clause 22Ordinary hours of work;

      (iv) the payments in this subclause will not extend beyond the period of the sleepover;and

      (v) the employee will be provided with suitable accommodation,including reasonably convenient bathroom facilities,at no cost to the employee.

[16.5(b) substituted by PR575283 ppc 21Dec15]

    (b) Clause 16.5(a) does not apply to an employee who is provided with reasonable accommodation including living quarters,fuel and light,and available to the employee for their exclusive use at no cost to the employee.

16.6 Tool allowance

[16.7 varied by PR998086;16.7 renumbered as 16.6 by PR561478 ppc 05Mar15;varied by PR579582,PR592334 ppc 01Jul17]

    Where an employer does not provide all tools necessary for a tradesperson to perform their work,a tradesperson will be paid $15.29 per week (except for a carpenter or joiner who must be paid $28.94 per week) extra for supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson. An apprentice will receive the relevant percentage of this allowance.

16.7 Uniform/protective clothing allowance

[16.8 renumbered as 16.7 by PR561478 ppc 05Mar15]

    (a) Where an employer requires an employee to wear a uniform or protective clothing,which includes clothing and/or footwear,during the performance of the employee’s duties,the employer will:

      (i) provide the uniform or protective clothing,which includes the maintenance and laundering of the items;or

      (ii) provide a uniform or protective clothing allowance of $1.20 per day up to a maximum of $6.00 per week and a laundry allowance of $0.30 per day up to a maximum of $1.50 per week;or

      (iii) reimburse the employee for the purchase price of the uniform or protective clothing and provide a laundry allowance of $0.30 per day up to a maximum of $1.50 per week,if the employer does not launder the items.

    (b) Where an employee is required to work in the rain they will be supplied with adequate rainproof clothing.

16.8 Vehicle allowance

[16.9 renumbered as 16.8 by PR561478 ppc 05Mar15]

    (a) An employee required by the employer to use the employee’s motor vehicle in the performance of duties must be paid the following allowances:

      (i) Motor car

[16.9(a)(i) varied by PR523059,PR536862,PR551785 ppc 01Jul14]

        $0.78 per kilometre with a maximum payment as for 400 kilometres per week.

      (ii) Motorcycle

[16.9(a)(ii) varied by PR551785 ppc 01Jul14]

        $0.26 per kilometre with a maximum payment as for 400 kilometres per week.

    (b) Where an employer provides a motor vehicle which is used by an employee in the performance of the employee’s duties the employer must pay all expenses including registration,running and maintenance.

16.9 Adjustment of expense related allowances

[16.10 varied by PR523059;16.10 renumbered as 16.9 by PR561478 ppc 05Mar15]

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

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

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

    Tool allowance

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

    Uniform/protective clothing allowance

    Clothing and footwear group

    Vehicle allowance

    Private motoring sub-group

   

17. Accident pay

[Varied by PR994501,PR503720;deleted by PR561478 ppc 05Mar15]

18. Higher duties

18.1 An employer may direct an employee to temporarily perform duties applicable to a classification higher than their current classification.

18.2 Subject to clause 18.3 where the employee performs such duties for more than five days and those duties constitute the whole or substantially the whole type of duties which would attract the higher classification,the employee will be paid the rate of pay applicable to the higher classification for the whole period during which the duties are performed.

18.3 Where the employee is a school operational services employee,and they perform those duties for one day or more and those duties constitute the whole or substantially the whole type of duties which would attract the higher classification,the employee will be paid the rate of pay applicable to the higher classification for the whole period during which the duties are performed.

19. Payment of wages

19.1 All monies payable will be paid:

    (a) once each fortnight;

    (b) once every four weeks at the end of the first fortnight including payment for two weeks in arrears and two weeks in advance;or

    (c) once every month with payment being made as nearly as possible on the middle of each month including one half month in arrears and one half month in advance.

19.2 An employer may elect to pay wages and allowances by cash,cheque or direct transfer. Where monies are paid by direct transfer,the employee has the right to nominate the financial institution and the account.

19.3 Where an employee is being paid on a fortnightly basis as at the date that this award becomes operative,that employee will not have the basis of their payment changed as a result of the award coming into force.

20. Superannuation

[Varied by PR990818,PR994501,PR530224,PR533380,PR546056]

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 PR994501 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) The Non-Government Schools Superannuation Fund (NGS Super);

    (b) Catholic Superannuation and Retirement Fund (CSRF);

[20.4(c) deleted by PR533380 ppc 22Jan13]

[20.4(d) renumbered as 20.4(c) by PR533380 ppc 22Jan13]

    (c) Catholic Super (CSF);

[20.4(e) renumbered as 20.4(d) by PR533380 ppc 22Jan13]

    (d) Combined Fund;

[20.4(f) renumbered as 20.4(e) by PR533380 ppc 22Jan13]

    (e) The Victorian Independent Schools Superannuation Fund;

[20.4(g) renumbered as 20.4(f) by PR533380 ppc 22Jan13]

    (f) HESTA Super Fund;

[20.4(h) substituted by PR530224 ppc 26Oct12;20.4(h) renumbered as 20.4(g) by PR533380 ppc 22Jan13]

    (g) CareSuper;

[20.4(i) renumbered as 20.4(h) by PR533380 ppc 22Jan13]

    (h) AustralianSuper;

[20.4(j) renumbered as 20.4(i) by PR533380 ppc 22Jan13]

    (i) Tasplan;

[20.4(k) renumbered as 20.4(j) by PR533380 ppc 22Jan13]

    (j) Sunsuper;

[20.4(l) renumbered as 20.4(k) by PR533380 ppc 22Jan13]

    (k) Queensland Independent Education and Care Superannuation Trust;

[20.4(m) renumbered as 20.4(l) by PR533380 ppc 22Jan13]

    (l) AMP Superannuation Savings Trust;

[20.4(n) renumbered as 20.4(m) by PR533380 ppc 22Jan13]

    (m) Concept One Superannuation Plan;

[20.4(o) renumbered as 20.4(n) by PR533380;deleted by PR546056 ppc 01Jan14]

[20.4(p) renumbered as 20.4(o) by PR533380,renumbered as 20.4(n) by PR546056 ppc 01Jan14]

    (n) Lutheran Super;

[20.4(q) renumbered as 20.4(p) by PR533380;deleted by PR546056 ppc 01Jan14]

[20.4(r) renumbered as 20.4(q) by PR533380,renumbered as 20.4(o) by PR546056 ppc 01Jan14]

    (o) Christian Super;

[20.4(s) renumbered as 20.4(r) by PR533380,renumbered as 20.4(p) and varied by PR546056 ppc 01Jan14]

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

[New 20.4(q) inserted by PR546056 ppc 01Jan14]

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

21. Supported wage and national training wage

[Varied by PR593855 ppc 01Jul17]

21.1 For provisions in relation to the supported wage system see Schedule C—Supported Wage System.

21.2 National training wage

[21.2 substituted by PR593855 ppc 01Jul17]

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

    (b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2017. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Educational Services (Schools) General Staff Award 2010 and not the Miscellaneous Award 2010.

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work

23. Rostered days off

24. Breaks

25. Shiftwork

26. Penalty rates

27. Overtime

22. Ordinary hours of work

[Varied by PR538572, PR575283]

22.1 Subject to this clause,a full-time employee’s ordinary hours of work will be 38 per week. The ordinary hours of work for a part-time or casual employee will be in accordance with clause 10Types of employment.

22.2 The ordinary hours of work in clause 22.1 may be averaged over a period of a fortnight or four weeks. The exception to this is a curriculum/resources services employee employed in outdoor education,or a boarding supervision services employee whose hours of work may be averaged over a period of up to 12 months. Where a boarding supervision services employee’s hours of work are averaged over a period of 12 months,they will be paid the applicable annual rate in clause 15.1 for all weeks of the year,excluding periods of unpaid leave provided for in this award or the NES,and clauses 11Leave without pay during non-term weeks,23Rostered days off,24Shiftwork,26Penalty rates and 27Overtime will not apply.

22.3 The ordinary hours of work will be worked on no more than five days in any seven days and may be worked as follows:

    (a) On any day from Monday to Friday between 7.00 am and 6.00 pm for the following groups of employees:

      (i) Classroom support services;

[22.3(a)(ii) varied by PR538572 ppc 22Jul13]

      (ii) Curriculum/resources services;

      (iii) Wellbeing services;

      (iv) School administration services;or

      (v) School operational services—retail employees only.

    (b) On any day from Monday to Friday between 6.00 am and 6.00 pm for school operational services employees in the following groups:

      (i) Construction,plumbing,carpentry,painting and other trades;

      (ii) Cleaning,maintenance,school facilities management;or

      (iii) Bus driving/non-trade vehicle maintenance.

    (c) On any day from Monday to Friday between 6.30 am and 6.30 pm for the following employees:

      (i) Preschool/childcare/out of school hours care services;or

      (ii) Nursing services.

    (d) On any day from Monday to Friday between 6.00 am and 6.00 pm and on Saturday between 6.00 am and 12 noon for gardening,turf maintenance and farming employees.

    (e) On any day from Monday to Saturday between 6.00 am and 6.00 pm for the following employees:

[22.3(e)(i) varied by PR538572 ppc 22Jul13]

      (i) Curriculum/resources services—outdoor education only;or

      (ii) Instructional services.

    (f) On any day Monday to Sunday between 6.00 am and 6.00 pm for the following employees:

      (i) Boarding supervision services;or

      (ii) School operational services—security/caretaking and cooking,catering,housekeeping and laundry services only.

    Provided that where a daily span of hours is specified,and there is mutual agreement between the employer and the majority of employees in the particular group,the starting and finishing times may be varied by up to one hour so long as the total hours remain unchanged.

22.4 An employer may require a part-time employee to work reasonable additional hours in accordance with the provisions of this clause.

    (a) Where the employee’s hours are averaged:

      (i) the employee will be paid for all such additional hours at the casual hourly rate of pay,provided that the additional hours fall within the applicable daily spread of hours in clause 22.3,do not result in the employee working more than eight hours on that day,and do not result in the employee working more than the allowed maximum weekly ordinary hours during the averaging period;and

      (ii) in all other cases the employee will be entitled to payment at the appropriate overtime rate of pay for any additional hours worked.

    (b) Where the employee’s hours are not averaged:

      (i) the employee will be paid for all such additional hours at the casual hourly rate of pay,provided that the additional hours worked fall within the applicable daily spread of hours in clause 22.3,and do not result in the employee working more than eight hours on that day;and

      (ii) in all other cases the employee will be entitled to payment at the appropriate overtime rate of pay for any additional hours worked.

    (c) Where additional hours are worked on a day the employee is already attending for work,the minimum casual engagement of two hours will not apply.

    (d) Additional hours worked by a part-time employee in accordance with this clause do not accrue leave entitlements under this award or the NES.

22.5 Breaks between periods of duty

    (a) An employee will be entitled to a minimum break of 10 consecutive hours between the end of one period of duty and the beginning of the next. This applies in relation to both ordinary hours and where overtime is worked.

    (b) Where an employer requires an employee to continue or resume work without having a 10-hour break off duty,the employee is entitled to be absent from duty without loss of pay until a 10-hour break has been taken,or be paid at 200% of the ordinary rate of pay until released from duty.

    (c) The entitlements in clauses 22.5(a) and (b) do not apply to:

      (i) a boarding supervision services employee,where the periods of duty are concurrent with a sleepover;

[22.5(c)(ii) substituted by PR575283]

      (ii) an employee who is provided with accommodation on the employer’s premises or in the vicinity of the employer’s premises at no cost to the employee;

      (iii) an employee who is attending a school camp or excursion;or

      (iv) an employee working a broken shift.

23. Rostered days off

An employer and employee may agree that the ordinary hours of work provided by clause 22Ordinary hours of work will be worked over 19 days in each four week period,in which case the following provisions will apply.

23.1 The employee will work 152 hours over 19 days in each four week period with one rostered day off on full pay in each such period.

23.2 An employee will accrue 24 minutes for each eight hour day worked to give the employee an entitlement to take rostered days off.

23.3 Each day of paid leave taken by an employee (but not including long service leave,any period of stand-down,any public holiday or any period of absence for which workers compensation payments apply occurring during any cycle of four weeks) will be regarded as a day worked for the purpose of accruing an entitlement under clause 23.2.

23.4 Rostered days off will not be regarded as part of the employee’s annual leave for any purpose.

23.5 An employee will not be entitled to more than 12 rostered days off in any 12 months of consecutive employment.

23.6 An employee who is scheduled to take a rostered day off before having worked a complete four week cycle will be paid a pro rata amount for the time that the employee has accrued in accordance with clause 23.2.

23.7 An employee whose employment is terminated in the course of a four week cycle will be paid a pro rata amount for the time that the employee has accrued in accordance with clause 23.2.

23.8 Rostered days off will be determined by mutual agreement between the employer and the employee,having regards to the needs of the place of employment.

23.9 An employee will be advised by the employer at least four weeks in advance of the day on which the employee is to be rostered off duty.

24. Breaks

[24 substituted by PR575283 ppc 21Dec15]

24.1 Meal break

    An employer is required to provide an unpaid meal break of not less than 30 consecutive minutes to an employee who is engaged or rostered to work for more than five hours on a day. Such meal break will start no later than five hours after the employee commenced work on that day.

24.2 Rest break

    (a) An employee is entitled to a rest break of 10 minutes for each period of three hours worked,with a maximum of two rest breaks per shift.

    (b) Where the employee has an entitlement to two rest breaks,in place of the two 10 minute rest breaks:

      (i) the employer and the employee may agree to one rest break of 20 minutes;or

      (ii) the employer may require one rest break of 20 minutes,where the employee is engaged in classroom support services.

    (c) A rest break:

      (i) will be counted as time worked;

      (ii) will be taken at a time suitable to the employer;and

      (iii) will not be taken adjacent to a meal break,unless the employee and the employer agree.

25. Shiftwork

25.1 Ordinary hours for shiftwork

    The ordinary hours for shiftwork will:

    (a) be worked continuously each shift (except for broken shifts and meal breaks);

    (b) not exceed 10 hours,inclusive of a meal break in any single shift;and

    (c) be rostered in accordance with clause 25.4.

25.2 Definitions

    The following shift definitions apply:

    (a) day shift is a shift which commences and ceases wholly within the spread of ordinary hours identified in clause 22.3;

    (b) afternoon shift is a shift which is not a day shift and which finishes after the ordinary hours identified in clause 22.3;and at or before midnight;

    (c) night shift is a shift which is not a day shift and which finishes after midnight and at or before 6.00 am.

25.3 Broken shifts

    (a) An employee may be rostered to work ordinary hours in a broken shift,that is a rostered shift in two periods of duty,exclusive of breaks,per day,with a minimum payment (other than for a casual) of two hours for each period of duty.

    (b) An employee,other than a casual,required to work a broken shift will be paid at the ordinary time rate plus a penalty of 15% of the ordinary time rate.

    (c) The maximum spread between the start of the first period of duty and cease of the second period of duty for a broken shift is 12 hours. Any hours in excess of this 12 hour spread will be paid for as overtime.

    (d) The provisions of clause 25.3(c) do not apply to a boarding supervision services employee who is provided with reasonable accommodation including living quarters,fuel and light,and available to the employee for their exclusive use for 52 weeks of the year,at no cost to the employee.

25.4 Rostering

    (a) For employees working to a roster,a roster showing normal starting and finishing times and the name of each employee will be prepared by the employer and will be displayed in a place conveniently accessible to the employees at least seven days before the commencement of the roster period.

    (b) An employee may be rostered to work on a Saturday,Sunday or public holiday and will be paid the appropriate penalty in accordance with clause 26Penalty rates.

    (c) A roster may be altered by mutual consent at any time or by amendment of the roster by the employer on seven days’notice.

    (d) Notwithstanding clause 25.4(c) a roster may be altered at any time to enable the functions of the employer to be carried out where another employee is absent from work due to illness or in an emergency. In such circumstances,unless agreed between the employer and the employee,an employee must be given 48 hours’notice of a change to a rostered shift. If 48 hours’notice is not provided,the employee will be entitled to a penalty of 50% of the ordinary time rate instead of any other penalty that may apply.

    (e) Where such alteration requires an employee to work on a day which would otherwise have been the employee’s day off,the day off instead will be arranged by mutual consent.

26. Penalty rates

26.1 Shiftwork

    (a) Afternoon shift and night shift will attract a penalty rate of 15% of the ordinary time rate.

    (b) A permanent night shift will attract a penalty rate of 30% of the ordinary time rate.

26.2 Saturday and Sunday work

    (a) An employee other than an employee covered by clause 26.2(b) required to work ordinary time on a Saturday or Sunday will be paid the ordinary time rate of pay plus a penalty of:

      (i) for ordinary hours worked on a Saturday,50% of the ordinary time rate;and

      (ii) for ordinary hours worked on a Sunday,100% of the ordinary time rate.

    (b) Except that a school operational services employee in the cooking/catering group,or a boarding supervision services employee who is not working averaged hours in accordance with the provisions of clause 22.2,rostered to work ordinary hours on a Saturday will be paid the ordinary time rate of pay plus a penalty of 25% of the ordinary time rate and if rostered to work on a Sunday will be paid the ordinary time rate of pay plus a penalty of 75% of the ordinary time rate.

26.3 The penalty rates within this clause and in clause 27Overtime are not cumulative. Where an employee is entitled to more than one penalty or overtime rate,the employee will be entitled to the highest single penalty rate.

27. Overtime

[Varied by PR584095]

27.1 Overtime rates

    (a) An employee will be paid overtime for all authorised work performed outside of or in excess of the ordinary or rostered hours as follows:

    Time worked

    Overtime rate

    Monday–Friday

    150% of the ordinary hourly rate of pay for the first 3 hours and 200% of the ordinary hourly rate of pay after that

    Saturday

    150% of the ordinary hourly rate of pay for the first 3 hours and 200% of the ordinary hourly rate of pay after that

    Sunday

    200% of the ordinary hourly rate of pay

    Public holidays

    250% of the ordinary hourly rate of pay

    (b) Except that a nursing services employee rostered to work overtime on a Saturday or Sunday will be paid the ordinary time rate of pay plus a penalty of 50% of the ordinary time rate for all time worked.

    (c) Overtime will be calculated daily.

27.2 Time off instead of payment for overtime

[27.2—Time off instead of overtime payment renamed as Time off instead of payment for overtime and substituted by PR584095 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 27.2.

    (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 0. There is no requirement to use the form of agreement set out at 0. An agreement under clause 27.2 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 27.2 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 27.2 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 27.2 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 27.2 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 27.2 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 27.2.

27.3 Make-up time

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

Part 6—Leave and Public Holidays

28. Annual leave

29. Personal/carer’s leave and compassionate leave

30. Community service leave

31. Public holidays

28. Annual leave

[Varied by PR994501,PR582995]

28.1 Annual leave is provided for in the NES. This clause supplements the NES provisions.

28.2 An employer may require an employee to take their annual leave during non-term weeks.

[28.3 deleted by PR994501 from 01Jan10]

28.3 Annual leave loading

[28.4 renumbered as 28.3 by PR994501 from 01Jan10]

    (a) During a period of annual leave,an employee will receive a loading calculated on the rate of wage prescribed in clause 15Minimum wages of this award. Annual leave loading is payable on leave accrued on the following bases:

      (i) Employees who would have worked on day work only had they not been on leave—17.5% of their ordinary rate of pay.

      (ii) Employees who would have worked on shiftwork had they not been on leave—17.5% of their ordinary rate of pay or the applicable shift loading,whichever is the greater.

    (b) Except that an employer may,at its election,pay:

      (i) annual leave loading to the employee with each salary payment throughout the school year by increasing the annual rate of pay as at the commencement of the school year,or as subsequently varied,by 1.3426%. Where an employer elects to pay annual leave loading with each salary payment throughout the school year,the employer must advise the employee in writing;or

      (ii) annual leave loading in respect of the school year to the employee with the first salary payment in December of that school year at the rate of pay applicable on 1 December of that school year.

28.4 Annual leave in advance

[28.5 renumbered as 28.4 by PR994501 from 01Jan10;renamed and substituted by PR582995 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 28.4 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

    (c) The employer must keep a copy of any agreement under clause 28.4 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 28.4,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.

28.5 Cashing out of annual leave

[28.5 inserted by PR582995 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 28.5.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 28.5.

    (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 28.5 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 28.5 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 28.5 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 28.5.

    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 28.5.

    Note 3:An example of the type of agreement required by clause 28.5 is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H.

28.6 Excessive leave accruals:general provision

[28.6 inserted by PR582995 ppc 29Jul16]

    Note:Clauses 28.6 to 28.8 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 28.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

    (d) Clause 28.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[28.7 inserted by PR582995 ppc 29Jul16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 28.6(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

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

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 28.6,28.7 or 28.8 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 28.7(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.

28.8 Excessive leave accruals:request by employee for leave

[28.8 inserted by PR582995;substituted by PR582995 ppc 29Jul17]

    (a) If an employee has genuinely tried to reach agreement with an employer under clause 28.6(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

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

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

      (ii) the employee has not been given a direction under clause 28.7(a) that,when any other paid annual leave arrangements (whether made under clause 28.6,28.7 or 28.8 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 28.6,28.7 or 28.8 or otherwise agreed by the employer and employee) are taken into account;or

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

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

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

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

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

29. Personal/carer’s leave and compassionate leave

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

30. Community service leave

Community service leave is provided for in the NES.

31. Public holidays

31.1 Public holidays are provided for in the NES.

31.2 Payment for work on a public holiday

    An employee required to work on a public holiday will be paid at the rate of 250% for ordinary hours performed,unless the employer and the employee have agreed to the employee taking a day off instead of payment in which case the employee will be paid at the ordinary time rate for work on the public holiday.

31.3 Substitution of public holidays

    (a) By agreement between the employer and the majority of employees,an alternative day may be taken as a public holiday instead of any of the days specified by the NES. The agreement will be recorded in writing and made available to every affected employee.

    (b) Where substitution is agreed,the substituted day will be the public holiday for all purposes of this award.

Schedule A—Transitional Provisions

[Varied by PR991584,PR503720]

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 PR503720 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—Classifications

[Varied by PR991584, PR575283]

B.1 Definitions

B.1.1 Definition 1:Supervision

    Close supervision:clear and detailed instructions are provided. Tasks are covered by standard procedures. Deviations from procedures or unfamiliar situations are referred to higher levels. Work is regularly checked.

    Routine supervision:direction is provided on the tasks to be undertaken with some latitude to rearrange sequences and discriminate between established methods. Guidance on the approach to standard circumstances is provided in procedures,guidance on the approach to non-standard circumstances is provided by a supervisor. Checking is selective rather than constant.

    General direction:direction is provided on the assignments to be undertaken,with the employee determining the appropriate use of established methods,tasks and sequences. There is some scope to determine an approach in the absence of established procedures or detailed instructions,but guidance is readily available. When performance is checked,it is on assignment completion.

    Broad direction:direction is provided in terms of objectives which may require the planning of staff,time and material resources for their completion. Limited detailed guidance will be available and the development or modification of procedures by the employee may be required. Performance will be measured against objectives.

B.1.2 Definition 2:Qualifications

    Within the Australian Qualifications Framework:

    (a) Year 12

      Completion of a senior secondary certificate of education,usually in Year 12 of secondary school.

    (b) Trade certificate

      Completion of an apprenticeship,normally of four years’duration,or equivalent recognition,e.g. Certificate III.

    (c) Post-trade certificate

      A course of study over and above a trade certificate and less than a Certificate IV.

    (d) Certificates I and II

      Courses that recognise basic vocational skills and knowledge,without a Year 12 prerequisite.

    (e) Certificate III

      A course that provides a range of well-developed skills and is comparable to a trade certificate.

    (f) Certificate IV

      A course that provides greater breadth and depth of skill and knowledge and is comparable to a two year part-time post-Year 12 or post-trade certificate course.

    (g) Diploma

      A course at a higher education or vocational educational and training institution,typically equivalent to two years’full-time post-Year 12 study.

    (h) Advanced diploma

      A course at a higher education or vocational educational and training institution,typically equivalent to three years’full-time post-Year 12 study.

    (i) Degree

      A recognised degree from a higher education institution,often completed in three or four years,and sometimes combined with a one year diploma.

    (j) Postgraduate degree

      A recognised postgraduate degree,over and above a degree as defined above.

      NOTE:Previously recognised qualifications obtained prior to the implementation of the Australian Qualifications Framework continue to be recognised. The above definitions also include equivalent recognised overseas qualifications.

B.1.3 Definition 3:Classification dimensions

    (a) Competency

      The skill,complexity and responsibility of tasks typically required at each classification level.

    (b) Judgment,independence and problem solving

      Judgment is the ability to make sound decisions,recognising the consequences of decisions taken or actions performed. Independence is the extent to which an employee is able (or allowed) to work effectively without supervision or direction. Problem solving is the process of defining or selecting the appropriate course of action where alternative courses of actions are available. This dimension looks at how much of each of these three qualities applies at each classification level.

    (c) Level of supervision

      This dimension covers both the way in which employees are supervised or managed and the role of employees in supervising or managing others.

    (d) Training level or qualifications

      The type and duration of training which the duties of the classification level typically require for effective performance. Training is the process of acquiring skills and knowledge through formal education,on-the-job instruction or exposure to procedures.

    (e) Occupational equivalent

      Examples of occupations typically falling within each classification level.

    (f) Typical activities

      Examples of activities typically undertaken by employees in different roles at each of the classification levels. Examples of occupational equivalent positions are provided. Reference to small,medium and large schools is made,based upon student enrolment. A small school enrols less than 300 students,a medium school enrols between 300 and 600 students and a large school enrols more than 600 students.

B.2 Classifications

B.2.1 Level 1

    An employee at this level will learn and gain competency in the basic skills required by the employer. In the event that the increased skills/competency are required and utilised by the employer,classification to a higher level within the structure may be possible.

    (a) Competency

      Competency involves application of knowledge and skills to a limited range of tasks and roles. There is a specific range of contexts where the choice of actions is clear. The competencies are normally used within established routines,methods and procedures that are predictable. Judgments against established criteria may also be required.

    (b) Judgment,independence and problem solving

      The employee follows standard procedures in a predefined order. The employee resolves problems where alternatives for the employee are limited and the required action is clear or can be readily referred to a more senior employee.

    (c) Level of supervision

      Close supervision or,in the case of more experienced employees working alone,routine supervision.

    (d) Training level or qualifications

      An employee is not required to have formal qualifications or work experience upon engagement. An employee will be provided with on-the-job training which will provide information about,and/or an introduction to,the conditions of employment,the school,the school’s policies and procedures in relation to the work environment and the employees with whom the employee will be working.

    (e) Typical activities

      (i) Classroom support services grade 1

        ●Providing general assistance of a supportive nature to teachers,as directed

        ●Assisting student learning,either individually or in groups,under the direct supervision of a higher level general employee or a teacher

        ●Assisting with the collection,preparation and distribution of classroom materials

        ●Assisting with clerical duties associated with normal classroom activities,e.g. student records,equipment records,etc.

        ●Assisting teachers with the care of students on school excursions,sports days and other classroom activities

        ●Occupational equivalent:teacher aide/assistant,integration aide/assistant

      (ii) Preschool/childcare services grade 1

        ●Learning and implementing the policies,procedures and routines and the requisite basic skills

        ●Learning how to establish relationships and interacting with children

        ●Attending to the physical,social and emotional needs of children on an individual or group basis

        ●Assisting in the development of good relations with families attending the facility

        ●Performing basic duties,including food preparation,cleaning or gardening

        ●Occupational equivalent:childcare assistant,outside school hours assistant,preschool assistant,kindergarten assistant

      (iii) School administration services grade 1

        ●Performing a range of general clerical duties at a basic level,for example,filing,handling mail,maintaining records,data entry

        ●Operating routine office equipment,such as a computer,photocopier,scanner,facsimile,binding machine,guillotine,franking machine,calculator,etc.

        ●Performing a reception function,including providing information and making referrals in accordance with school procedures

        ●Carrying out minor cash transactions including receipting,balancing and banking

        ●Monitoring and maintaining stock levels of stationery/materials within established parameters,including reordering

        ●Occupational equivalent:clerical assistant,data entry operator,front desk/reception assistant

      (iv) School operational services grade 1

        ●Performing general labouring tasks

        ●Performing general gardening tasks,including preparing grounds and undertaking planting

        ●Performing horticultural duties in areas such as sports playing fields,garden maintenance and foliage control

        ●Performing basic gardening and outdoor maintenance

        ●Performing basic maintenance

        ●Performing a range of industrial cleaning tasks

        ●Moving furniture and equipment

        ●Assisting in a school retail facility,such as a canteen,uniform shop or book shop

        ●Assisting trades personnel with manual duties

        ●Taking general care of school vehicles,including driving buses for less than 25 passengers

        ●Undertaking elementary food preparation and cooking duties,cleaning and tidying the kitchen and its equipment

        ●Performing gardening duties such as the planting and trimming of trees,sowing,planting and cutting of grass and the watering of plants,gardens,trees,lawns and displays

        ●Removing cuttings,raking leaves,cleaning/emptying litter bins,cleaning gutters/drains/culverts

        ●Performing routine maintenance of turf,synthetic,artificial and other play surfaces

        ●Performing non-trade tasks incidental to the employee’s work

        ●Performing general laundry duties

        ●Performing general house assistant duties in a boarding house,such as cleaning

        ●Performing minor repairs to linen or clothing such as buttons,zips,seams and working with flat materials

        ●Cleaning,dusting and polishing in classrooms or other public areas of the school

        ●Making and/or serving morning/afternoon tea,including washing up and other duties in connection with such work other than meals/refreshments in the school’s main dining area

        ●Occupational equivalent:cleaner,kitchen assistant,laundry assistant,grounds/maintenance assistant,retail assistant,bus driver,handyperson,attendant,trades assistant

B.2.2 Level 2

    An employee at this level performs work above and beyond the skills of an employee at Level 1.

    (a) Competency

      Competency at this level involves application of knowledge and skills to a range of tasks and roles. There is a defined range of contexts where the choice of actions required is clear. There is limited complexity of choice of actions required. On occasion,more complex tasks may be performed.

    (b) Judgment,independence and problem solving

      (i) Applies generally accepted concepts,principles and standards in well-defined areas. Solves relatively simple problems with reference to established techniques and practices. Will sometimes choose between a range of straightforward alternatives.

      (ii) An employee at this level will be expected to perform a combination of various routine tasks where the daily work routine will allow the latitude to rearrange some work sequences,provided the prearranged work priorities are achieved.

    (c) Level of supervision

      Routine supervision of straightforward tasks;close supervision of more complex tasks. Where employees are working alone,less direct guidance and some autonomy may be involved.

    (d) Training level or qualifications

      Level 2 duties typically require:

      (i) a skill level which assumes and requires knowledge,training or experience relevant to the duties to be performed;

      (ii) completion of Year 12 without work experience;

      (iii) completion of Certificates I or II with work related experience;or

[B.2.2(d)(iv) varied by PR575283 ppc 21Dec15]

      (iv) an equivalent combination of experience and training. An instructional services employee (sport) will have no or minimal coaching experience but will possess appropriate sporting discipline specific experience.

    (e) Typical activities

      (i) Classroom support services grade 2

        ●Providing assistance with the educational program where limited discretion and judgment and/or specific skills are involved

        ●Occupational equivalent:teacher aide/assistant,integration aide/assistant

      (ii) Curriculum/resources services grade 1

        ●Performing a range of basic library transactions,including processing,cataloguing and accessioning books,stocktaking,preparing display materials,using circulation systems,general photocopying and related clerical tasks

        ●Maintaining,controlling,operating and demonstrating the use of audio-visual equipment,where there is limited complexity,including assisting with audio and video recording

        ●Maintaining booking and repair/replacement systems for equipment

        ●Maintaining catalogues of recorded programs in accordance with established routines,methods and procedures

        ●Maintaining equipment and materials

        ●Caring for fauna and flora

        ●Preparing teaching aids under direction

        ●Preparing standard solutions and less complex experiments

        ●Assisting students and teachers to use the catalogue and/or locate books and resource materials

        ●Explaining the function and use of library and library equipment to students

        ●Under direction,assisting teaching staff to take story groups

        ●Searching and identifying fairly complex bibliographic material organising inter-library loans

        ●Answering ready references inquiries

        ●Operating a wide range of audio-visual or computer equipment

        ●Demonstrating and explaining the operation of audio-visual,computer and other similar equipment

        ●Providing technical support to teachers

        ●Recording materials by means of sound and photographic equipment,etc.

        ●Evaluating and making recommendations for the purchase of technical or computer equipment

        ●Implementing measures for proper storage control and handling or disposal of dangerous or toxic substances

        ●Culturing,preparing for use and being responsible to the relevant manager for the security of bacterial,viral or other like substances

        ●Ordering supplies and materials

        ●Within a defined range of contexts,where the choice of actions is clear,maintaining scientific equipment,materials and specimens

        ●Assisting with the design/demonstration of experiments and scientific equipment,as directed

        ●Occupational equivalent:library assistant,laboratory assistant,technology centre assistant

      (iii) Preschool/childcare services grade 2

        ●Assisting in the implementation of the children’s program under supervision

        ●Assisting in the implementation of daily care routines

        ●Developing awareness of,and assisting in the maintenance of,the health and safety of children in care

        ●Understanding and working according to the policies and procedures associated with the children’s program

        ●Responsibility for food preparation,cleaning,gardening or general maintenance under the guidance of the director or the director’s nominee

        ●Demonstrating knowledge of hygienic handling of food and equipment

        ●Occupational equivalent:childcare assistant

      (iv) Boarding supervision services grade 1

        ●Performing basic duties to assist the person in charge of the boarding house in the daily routines involving the care of students and general functions of the boarding house

        ●Applying domestic and interpersonal skills

        ●Occupational equivalent:boarding house assistant

      (v) Wellbeing services grade 1

        ●Providing first aid services,as the designated first aid officer in the school

        ●Occupational equivalent:first aid officer

      (vi) School administration services grade 2

        ●Performing duties involving the inward and outward movement of mail,keeping,copying,maintaining and retrieving records,straightforward data entry and retrieval

        ●Occupational equivalent:clerical assistant

      (vii) School operational services grade 2

        ●Performing non-cooking duties in the kitchen including the assembly,preparation and measurement of food items

        ●Undertaking general gardening tasks including the preparation and planting procedures

        ●Laundry duties requiring the application of limited discretion

        ●Operating,maintaining and adjusting turf machinery under general supervision

        ●Applying fertilizers,fungicides,herbicides and insecticides under general supervision

        ●Performing a range of patrol duties,including responding to alarms,following emergency procedures and preparing incident reports

        ●Driving a bus with a carrying capacity of 25 or more passengers

        ●Occupational equivalent:non-trade qualified cook,gardener,kitchen assistant,security officer,school bus driver

[B.2.2(d)(viii) inserted by PR575283 ppc 21Dec15]

      (viii) Instructional grade 1

        ●Providing assistance to sporting teams/squads under the supervision of a teacher or an instructional services employee (Grade 3 or above)

        ●Assisting with equipment and the preparations for,and conducting of,training sessions and/or sporting events

        ●Occupational equivalent:Sports assistant

B.2.3 Level 3

    An employee at this level performs work above and beyond the skills of an employee at Level 2.

    (a) Competency

      Competency at this level involves application of knowledge with depth in some areas and a broad range of skills. There are a range of roles and tasks in a variety of contexts. There is some complexity in the extent and choice of actions required. Competencies are normally used within routines,methods and procedures. Some discretion and judgment is involved in the selection of equipment,work organisation,services,actions and achieving outcomes within time constraints.

    (b) Judgment,independence and problem solving

      Exercise judgment on work methods and task sequence within specified timelines and standard practices and procedures. Answers are usually found by selecting from specific choices defined in standard work policies or procedures.

    (c) Level of supervision

      In some positions,routine supervision,moving to general direction with experience. In other positions,general direction. This is the first level where supervision of other employees may be required. When employees are working alone,they may work semi-autonomously.

    (d) Training level or qualifications

      Level 3 duties typically require a skill level which assumes and requires knowledge or training in clerical/administrative,trades or technical functions equivalent to:

      (i) completion of a trades certificate or Certificate III;

      (ii) completion of Year 12 or a Certificate II,with relevant work experience;or

[B.2.3(d)(iii) varied by PR575283 ppc 21Dec15]

      (iii) an equivalent combination of relevant experience and/or education/training. For an instructional services employee (sport),this means coaching qualifications equivalent to those identified in clauses B.2.3(d)(i) and (ii) and/or appropriate sporting discipline specific experience.

      Persons advancing through this level may typically perform duties which require further on-the-job training or knowledge and training equivalent to progress toward completion of a Certificate IV or Diploma.

    (e) Typical activities

      (i) Classroom support services grade 3

        ●Undertaking some responsibility for other employees in the work area

        ●Providing assistance or guidance to other employees in the work area

        ●Liaising between the school,the student and the student’s family where some discretion and judgment are involved

        ●Assisting student learning,where some discretion and judgment is involved,including evaluation and assessment,under the supervision of a teacher,of the learning needs of students

        ●Occupational equivalent:student services co-ordinator

      (ii) Curriculum/resources services grade 2

        ●Undertaking some responsibility for other employees in the work area

        ●Providing assistance or guidance to other employees in the work area

        ●Providing technical assistance in the operation of a library,laboratory,or technology centre,where some discretion and judgment are involved

        ●Preparing descriptive cataloguing for library materials

        ●Supervising the operation of circulation systems

        ●Answering reference and information inquiries,other than ready reference

        ●Assisting in evaluating and selecting equipment and supplies

        ●Providing guidance in the use of information systems

        ●Producing resource materials,e.g. multi-media kits,video and film clips

        ●Teaching audio-visual,computer and other technical skills to students and teachers

        ●Searching and verifying bibliographical data where some judgment and discretion are involved

        ●Producing,displaying and/or publicising materials

        ●Assisting students and employees to access information and to use equipment in a library,laboratory or a technology centre where some discretion and judgment are involved

        ●Assisting with supervision of students in the library where some discretion and judgment are involved

        ●Providing technical assistance and advice,as requested

        ●Assisting with the planning and organisation of a laboratory or technology centre and field work

        ●Testing of experiments and demonstrating experiments (with teachers)

        ●Occupational equivalent:library technician,laboratory technician,technology centre technician

      (iii) Preschool/childcare services grade 3

        ●Assisting in the preparation,implementation and evaluation of developmentally appropriate programs for individual children or groups

        ●Responsibility for recording observations of individual children or groups for program planning purposes for qualified employees

        ●Working with individual children with particular needs,under direction

        ●Assisting in the direction of untrained employees

        ●Undertaking and implementing the requirements of quality assurance

        ●Working in accordance with food safety regulations

        ●Occupational equivalent:childcare assistant

      (iv) Boarding supervision services grade 2

        ●Deputising from time to time for the person in charge of the boarding house,while undertaking the basic duties

        ●Occupational equivalent:senior boarding house assistant

      (v) School administration services grade 3

        ●Undertaking a wide range of secretarial and clerical duties at an advanced level,including typing,word processing,maintaining email and computerised records and shorthand

        ●Managing enquiries from students,parents,employees and the general public

        ●Entering financial data into computers and preparing financial and management reports for review and authorisation

        ●Preparing and processing payroll within routines,methods and procedures

        ●Undertaking bank and ledger reconciliations

        ●Assisting with preparation of internal and external publications

        ●Providing administrative support to senior management,including arranging appointments,diaries and preparing both confidential and general correspondence

        ●Preparing government and statutory authority returns for authorisation

        ●Occupational equivalent:administration assistant,office supervisor,accounts clerk,school secretary (small school)

      (vi) School operational services grade 3

        ●Performing general maintenance work which includes the use of trade accredited skills in areas such as carpentry,plumbing or electrical services

        ●Control and responsibility for the maintenance of gardens,sports grounds and/or facilities which includes the use of accredited trade skills in areas such as horticulture,gardening or in the maintenance of sports grounds

        ●Responsibility for operating the school canteen,uniform shop or book shop,including supervision of employees and volunteers

        ●Cooking duties including a la carte cooking,baking,pastry cooking or butchery

        ●Responsibility for operating,maintaining and adjusting turf machinery,as appropriate

        ●Cleaning and inspecting machinery after each use,reporting any problems to the appropriate manager

        ●In trades positions,applying the skills taught in a trades certificate or Certificate III,including performance of a range of construction,maintenance and repair tasks,using precision hand and power tools and equipment. In some cases this will involve familiarity with the work of other trades or require further training.

        ●Performing a range of security duties,including patrols,alarm responses,emergency procedures and preparing incident reports

        ●Responsibility for the security and basic maintenance of school property

        ●Occupational equivalent:tradesperson,retail function co-ordinator,security officer,caretaker

      (vii) Instructional services grade 2

[B.2.3(e)(vii) inserted by PR575283 ppc 21Dec15]

        ●Providing assistance to individuals and/or sporting teams/squads under the supervision of a teacher or an instructional services employee (Grade 3 or above)

        ●Assisting with equipment and the preparations for,and conducting of,training sessions and/or sporting events

        ●Occupational equivalent:Sports assistant,assistant sports coach

B.2.4 Level 4

    An employee at this level performs work above and beyond the skills of an employee at Level 3.

    (a) Competency

      Competency at this level involves the application of knowledge with depth in some areas and a broad range of skills. There is a wide variety of tasks and roles in a variety of contexts. There is complexity in the ranges and choice of actions required. Some tasks may require limited creative,planning or design functions. Competencies are normally used within a variety of routines,methods and procedures. Discretion and judgment are required for self and/or others in planning,selection of equipment,work organisation,services,actions and achieving outcomes within time constraints.

    (b) Judgment,independence and problem solving

      Independent judgment is required to identify,select and apply the most appropriate available guidelines and procedures,interpret precedents and adapt standard methods or practices to meet variations in facts and/or conditions. The employee may apply extensive diagnostic skills,theoretical knowledge and techniques to a range of procedures and tasks,proficiency in the work area’s rules and regulations,procedures requiring expertise in a specialist area or broad knowledge of a range of personnel and functions.

    (c) Level of supervision

      Supervision is generally present to establish general objectives relative to a specific project,to outline the desired end product and to identify potential resources for assistance. Some positions will require routine supervision to general direction depending upon experience and the complexity of the tasks. Some positions will require general direction. May supervise or co-ordinate others to achieve objectives,including liaison with employees at higher levels. May undertake stand-alone work.

    (d) Training level or qualifications

      Level 4 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) completion of a diploma level qualification with relevant work related experience;

      (ii) completion of a Certificate IV with relevant work experience;

      (iii) completion of a post-trades certificate and extensive relevant experience and on-the-job training;

      (iv) completion of a Certificate III with extensive relevant work experience;or

[B.2.4(d)(v) varied by PR575283 ppc 21Dec15]

      (v) an equivalent combination of relevant experience and/or education/training. For an instructional services employee (sport),this means coaching qualifications equivalent to those identified in clause B.2.4(d)(i) to (iv) and/or appropriate sporting discipline specific experience

    (e) Typical activities

      (i) Curriculum/resources services grade 3

        ●Demonstrating and instructing students and employees with respect to the use of complex audio-visual or computer equipment,using a variety of routines,methods and procedures,with a depth of knowledge in the requisite areas

        ●Designing and demonstrating experiments within a variety of routines,methods and experiences under supervision of teachers where discretion and judgment are required

        ●In charge of an identifiable functional unit,which ordinarily will involve the supervision of staff

        ●Liaising with teachers on curriculum matters

        ●Assisting careers advisor/counsellor

        ●Occupational equivalent:senior technician in a library,laboratory or technology centre,careers placement officer

      (ii) Preschool/childcare services grade 3A

        ●Exercises similar responsibilities as a grade 3 but an employee at this level has a Diploma in Children’s Services.

        ●Occupational equivalent:childcare assistant

      (iii) Boarding supervision services grade 3

        ●Managing a boarding house,with significant responsibility for the welfare of students,which includes the maintenance of effective communication with the parents of students and the supervision of other boarding supervision employees

        ●Occupational equivalent:boarding house supervisor,manager or co-ordinator

      (iv) Wellbeing services grade 2

        ●Providing support and guidance to students

        ●Providing welfare services to students

        ●Occupational equivalent:youth welfare officer

      (v) School administration services grade 4

        ●Responsibility for the smooth and efficient financial administration of a small school

        ●Responsibility for both secretarial and financial administration of a school office in a small school

        ●Using computer software packages,including desktop publishing,database and/or web software,at an advanced level

        ●Planning and setting up spreadsheets and database applications

        ●Initiating and handling correspondence,which may include confidential correspondence

        ●Calculating and maintaining wage and salary records for a large payroll utilising a variety of routines,methods and procedures

        ●Applying inventory and purchasing control procedures

        ●Preparing monthly summaries of debtors and creditors ledger transactions with reconciliations

        ●Controlling the purchasing and storage for a discrete function

        ●Supervising and maintaining hardware and software components of a computer network,with appropriate support for users

        ●Preparing complex financial and administrative systems

        ●Undertaking responsibility for the co-ordination and ongoing management of fundraising activities or special projects where an advanced level of clerical and administrative skill is required

        ●Occupational equivalent:senior administration assistant,office supervisor,finance officer,school registrar,school secretary (large school),principal’s secretary,school development officer

      (vi) School operational services grade 4

        ●Performing specialised cooking,butchery,baking pastry and the supervision of the operation

        ●Responsibility for planning,scheduling and supervising of all aspects of gardening maintenance

        ●Deputising for the manager if absent,including undertaking all duties

        ●In trades positions,working on complex engineering or interconnected electrical circuits and/or exercising high precision trades skills using various materials and/or specialised techniques

        ●Occupational equivalent:advanced tradesperson,head groundsperson (medium or large school)

      (vii) Instructional services grade 3

[B.2.4(e)(vii) substituted by PR575283 ppc 21Dec15]

        ●Instructing individual students as part of an extra-curricula instrumental music program

        ●Coaching,including developing sports training sessions and programs,for individuals and/or teams/squads in various sporting disciplines

        ●Supervising instructional services employees (Grades 1 and/or 2)

        ●Occupational equivalent:instrumental music tutor,senior assistant sports coach,sports coach

        Note:An instrumental music tutor will not be employed at a Level lower than Level 4.

B.2.5 Level 5

    An employee at this level performs work above and beyond the skills of an employee at Level 4.

    (a) Competency

      Competency at this level involves self-directed application of knowledge with substantial depth in some areas. A range of technical and other skills are applied to roles and functions in both varied and highly specific contexts. Competencies are normally used independently and both routinely and non-routinely. Discretion and judgment are required in planning and selecting appropriate equipment,service techniques and work organisation for self and/or others.

    (b) Judgment,independence and problem solving

      Problem solving involves the identification and analysis of diverse problems. Solve problems through the standard application of theoretical principles and techniques at degree level. Apply standard technical training and experience to solve problems. Apply expertise to the making of decisions. Being responsible for co-ordinating a team to provide an administrative service.

    (c) Level of supervision

      Routine supervision to general direction,depending on tasks involved and experience. May supervise other staff at levels below Level 5.

    (d) Training level or qualifications

      Level 5 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) completion of a degree without subsequent relevant work experience;

      (ii) completion of an advanced diploma qualification and at least one year’s subsequent relevant work experience;

      (iii) completion of a diploma qualification and at least two years’subsequent relevant work experience;

      (iv) completion of a Certificate IV and extensive relevant work experience;

      (v) completion of a post-trades certificate and extensive (typically more than two years’) relevant experience as a technician;or

[B.2.5(d)(vi) varied by PR575283 ppc 21Dec15]

      (vi) an equivalent combination of relevant experience and/or education/training. For an instructional services employee (sport),this means coaching qualifications equivalent to those identified in clauses B.2.5(d)(i) to (v) and/or appropriate sporting discipline specific experience.

    (e) Typical activities

      (i) Curriculum/resources services grade 4

        ●Providing specialist technical advice,direction and assistance in the employee’s area of expertise using the application of knowledge gained through formal study/qualifications applicable to this level

        ●Occupational equivalent:professional assistant

      (ii) Preschool/childcare services grade 4

        ●Responsibility,in consultation with the director or the director’s nominee,for the preparation,implementation and evaluation of a developmentally appropriate program for individual children or groups of children in care

        ●Responsibility for the direction and general supervision of lower level employees

        ●Ensuring a safe environment is maintained for children and employees

        ●Ensuring that records are maintained accurately for each child in the employee’s care

        ●Developing,implementing and evaluating daily care routines

        ●Ensuring adherence to the policies and procedures

        ●Liaising with families

        ●Occupational equivalent:childcare assistant

      (iii) Boarding supervision services grade 4

        ●Responsibility to the principal of a school for the overall supervision of the recreational and personal welfare of all students and has overall responsibility for the administration of two or more boarding houses or a very large boarding house

        ●Occupational equivalent:head of boarding (large school)

      (iv) School administration services grade 5

        ●Applying theoretical knowledge,at degree level,in a straightforward way,in professional positions

        ●Providing designated support to senior management and associated committees concerning designated aspects of school management

        ●Overseeing the operations of the school’s office and other administrative activities

        ●Ensuring deadlines and targets are met

        ●Preparing the accounts of the school to operating statement stage and assisting in the formulating of period and year end entries

        ●Performing information technology tasks requiring professional qualifications involving analysis,design or computation and drawing upon advanced techniques and methods

        ●Occupational equivalent:human resources officer,office supervisor (large school),school development officer

      (v) School operational services grade 5

        ●Managing a range of functions

        ●Occupational equivalent:assistant property manager (large school),property manager (medium school)

[B.2.5(e)(vi) PR575283 ppc 21Dec15]

      (vi) Instructional services grade 4

        ●Preparing instrumental music students for external examination in their discipline as part of an extra-curricular program

        ●Coaching individuals and/or sporting teams/squads,including developing and implementing individual and/or team specific training sessions and programs

        ●Occupational equivalent:music tutor,sports coach,senior sports coach (large school)

B.2.6 Level 6

    An employee at this level performs work above and beyond the skills of an employee at Level 5.

    (a) Competency

      (i) Competency at this level involves the development and application of professional knowledge in a specialised area/s and utilising a broad range of skills. Competencies are normally applied independently and are substantially non-routine.

      (ii) Competency at this level involves the delivery of professional services within defined accountability levels. Employees may operate individually or as a member of a team.

      (iii) Significant discretion and judgment is required in planning,designing professional,technical or supervisory functions related to services,operations or processes.

      (iv) Employees are expected to plan their own professional development and such increased knowledge,relevant to the position held,will be applied to the work situation.

      (v) Perform work assignments guided by policy,precedent,professional standards and managerial or technical expertise. Employees would have the latitude to develop or redefine procedure and interpret policy so long as other work areas are not affected. In technical and administrative areas,have a depth or breadth of expertise developed through extensive relevant experience and application.

    (b) Judgment,independence and problem solving

      Discretion to:innovate within own function and take responsibility for outcomes;design,develop and test complex equipment,systems and procedures;undertake planning involving resources use and develop proposals for resource allocation;exercise high level diagnostic skills on sophisticated equipment or systems;and/or analyse and report on data and experiments.

    (c) Level of supervision

      In some positions,general direction is appropriate. In other positions,broad direction would apply. May have extensive supervisory and line management responsibility for general employees. Supervision is present to review established objectives.

    (d) Training level or qualifications

      Level 6 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) a degree with subsequent relevant experience;

      (ii) extensive experience and specialist expertise or broad knowledge in technical or administrative fields;or

[B.2.6(d)(iii) PR575283 ppc 21Dec15]

      (iii) an equivalent combination of relevant experience and/or education/training. For an instructional services employee (sport),this means coaching qualifications equivalent to those identified in clauses B.2.6(d)(i) to (ii) and/or appropriate sporting discipline specific experience.

    (e) Typical activities

      (i) Preschool/childcare services grade 5

        ●Occupational equivalent:operating as the assistant director:

        ●Responsibility for co-ordinating and directing the activities of employees,including the employees engaged in the implementation and evaluation of developmentally appropriate programs

        ●Contributing,through the director,to the development of the facility or policies and procedures

        ●Co-ordinating operations,including occupational health and safety,program planning,staff training

        ●Taking responsibility for the day-to-day management of the facility in the temporary absence of the director and for management and compliance with all licensing and all statutory and quality assurance issues

        ●Occupational equivalent:operating as the co-ordinator:

        ●Undertaking additional responsibilities,including co-ordinating the activities of more than one group,supervising employees,trainees and students on placement and assisting in administrative functions

      (ii) Wellbeing services grade 3

        ●Performing guidance and counselling,within defined accountabilities

        ●Providing specialist health services and/or therapy services to students

        ●Occupational equivalent:psychologist,speech therapist,occupational therapist

      (iii) Nursing services grade 1

        ●Providing primary nursing care with its associated administrative responsibilities

        ●Occupational equivalent:school nurse

      (iv) School administration services grade 6

        ●Operating and being responsible for a structurally and/or operationally defined section

        ●Providing professional advice to students and employees on the employee’s area of expertise

        ●Responsibility for professional development of other employees

        ●Contributing to operational and strategic planning in the area of responsibility

        ●Occupational equivalent:public relations manager/director,school development manager

      (v) School operational services grade 6

        ●Managing a range of functions

        ●Occupational equivalent:property manager

      (vi) Instructional services grade 5

[B.2.6(vi) substituted by PR575283 ppc 21Dec15]

        ●Conducting and co-ordinating a school choir,band or musical ensemble or more than one of these

        ●Managing and delivering the full coaching/training program or a significant distinct part of a coaching/training program for one or more sporting disciplines

        ●Supervising employees,including instructional services employees (Grades 1,2,3 and/or 4) or coaching (individuals,squads and/or teams) and managing sporting facilities

        ●Occupational equivalent:choir master,conductor,head coach

B.2.7 Level 7

    An employee at this level performs work above and beyond the skills of an employee at Level 6.

    (a) Competency

      (i) Within constraints set by management,employees exercise initiative in the application of professional practices demonstrating independent discretion and judgment,which may have effect beyond a work area. An employee at this level is expected to carry a high proportion of tasks involving complex,specialised or professional functions.

      (ii) An employee may independently relate existing policy to work assignments or rethink the way a specific body of knowledge is applied in order to solve problems. In professional or technical positions,the employee may be a recognised authority in a specialised area.

    (b) Judgment,independence and problem solving

      Independently relate existing policy to work assignments,rethink the way a specific body of knowledge is applied in order to solve problems,adapt procedures to fit policy prescriptions or use theoretical principles in modifying and adapting techniques. This may involve stand-alone work or the supervision of employees in order to achieve objectives. It may also involve the interpretation of policy which has an impact beyond the immediate work area.

    (c) Level of supervision

      Broad direction. May manage other employees including general employees.

    (d) Training level or qualifications

      Level 7 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) a degree with at least four years of subsequent relevant experience;

      (ii) extensive experience and management expertise in technical or administrative fields;or

      (iii) an equivalent combination of relevant experience and/or education/training.

    (e) Typical activities

      (i) Preschool/childcare services grade 6

        ●Responsibility as a director,being responsible for the overall management and administration of the facility,including:

        ●Supervising the implementation of developmentally appropriate programs for children

        ●Recruiting staff in accordance with relevant regulations,as directed by the Principal

        ●Maintaining day-to-day accounts and handling all administrative matters

        ●Ensuring that the facility adheres to all relevant regulations and statutory requirements

        ●Ensuring that the facility meets or exceeds quality assurance requirements

        ●Liaising with families and outside agencies

        ●Formulating and evaluating annual budgets

        ●Providing professional leadership and development to employees

        ●Developing and maintaining policies and practices for the facility

        ●Occupational equivalent:childcare centre director

      (ii) Wellbeing services grade 4

        ●Managing counselling services with more than one psychologist under supervision

        ●Occupational equivalent:head of school counselling (small or medium school),senior therapist

      (iii) Nursing services grade 2

        ●Providing health counselling,health education and acting in a resource capacity to the school community,in addition to providing primary care with its associated administrative duties

        ●Occupational equivalent:school nurse

      (iv) School administration services grade 7

        ●Preparing advice,reports,proposals or submissions,using a high level of expertise,for the senior executives of the school and/or outside bodies

        ●Providing financial advice to the principal or the business manager

        ●Managing the school’s financial system

        ●Performing information technology tasks requiring professional qualifications involving analysis,design or computation and drawing upon advanced techniques and methods at an advanced level

        ●Occupational equivalent:information technology manager (medium school)

B.2.8 Level 8

    An employee at this level performs work above and beyond the skills of an employee at Level 7.

    (a) Competency

      Competency at this level is likely to require the development of new ways of using a specific body of knowledge which applies to work assignments,or may involve the integration of other specific bodies of knowledge.

    (b) Judgment,independence and problem solving

      Responsible for program development and implementation. Provide strategic support and advice requiring integration of a range of school policies and external requirements,and an ability to achieve objectives operating within complex organisation structures.

    (c) Level of supervision

      Broad direction,working with a degree of autonomy. May have management responsibility for a functional area and/or manage other employees including administrative,technical and/or professional employees.

    (d) Training level or qualifications

      Level 8 duties typically require a skill level which assumes and requires knowledge or training equivalent to:

      (i) postgraduate qualifications or progress towards postgraduate qualifications and extensive relevant experience;

      (ii) extensive experience and management expertise;or

      (iii) an equivalent combination of relevant experience and/or education/training.

    (e) Typical activities

      (i) Preschool/childcare services grade 6

        ●Responsibilities are the same as for a grade 6 classified at Level 7

        ●This level applies where the number of places in the centre exceeds 60

      (ii) Wellbeing services grade 5

        ●Manages a counselling or multi-disciplinary service in a large school

        ●Occupational equivalent:manager of counselling services

      (iii) Nursing services grade 3

        ●Providing health,counselling,health education and acting in a resource capacity to a school community,in addition to providing primary nursing care with its associated administrative duties and being responsible for the co-ordination,administration and management of health service and who is in charge of or directs the activities of other employees of the school’s health service

        ●Occupational equivalent:nurse in charge

      (iv) School administration services grade 8

        ●Managing a large functional unit with a diverse or complex set of functions and significant resources in a large school

        ●Undertaking the role of an assistant bursar/business manager in a large school

        ●Performing information technology tasks requiring professional qualifications involving analysis,design or computation and drawing upon advanced techniques and methods at an advanced level

        ●Occupational equivalent:information technology manager (large school),assistant bursar/business manager (large school)

Schedule C—Supported Wage System

[Varied by PR991584,PR994501,PR998748,PR510670,PR525068,PR537893,PR542196,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 PR994501,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 PR542196 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 PR542196 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 PR994501,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—National Training Wage

[Varied by PR991584,PR994501,PR997982,PR509107,PR522938,PR536741,PR545787,PR551664,PR566754,PR579856;deleted by PR593855 ppc 01Jul17]

Schedule E—Apprentices

[Varied by PR991584,PR544176,PR545429,PR559276]

E.1 Apprentices

E.1.1 An apprentice means any person employed and registered in the form prescribed by the relevant State Apprenticeship Authority.

E.1.2 For the purposes of this award,an apprentice is an employee who is engaged under a Training Agreement registered by the relevant State or Territory Training or apprenticeship Authority,where the qualification outcome specified in the Training agreement is a relevant qualification from a Training Package endorsed by the National Training Framework Committee.

E.1.3 An apprentice will also include an employee who is engaged under a Training Agreement or Contract of Training for an apprenticeship declared or recognised by the relevant State or Territory Training or Apprenticeship Authority.

E.1.4 Subject to appropriate State legislation,an employer must not employ an unapprenticed junior in a trade provided for in this award.

E.1.5 In order to undertake trade training in accordance with E.1 a person must be a party to a contract of apprenticeship training or training agreement in accordance with the requirements of the relevant Apprenticeship authority or State legislation. The employer must provide access to training consistent with the contract or training agreement without loss of pay.

[E.1.6 substituted by PR559276 ppc 01Jan15]

E.1.6 An apprentice who attends a Registered Training Organisation (RTO) must be reimbursed by their employer for all training fees and the costs of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) paid by the apprentice in respect of any course prescribed,at the end of each term,unless there is unsatisfactory progress. An employer may meet its obligation by paying any fees and/or cost of textbooks directly to the RTO.

E.1.7 The probationary period of an apprentice must be as set out in the training agreement or contract of apprenticeship consistent with the requirements of the Apprenticeship Authority or State legislation but must not exceed three months.

E.1.8 An apprentice who is under 21 years of age on completion of their apprenticeship and who is employed in the occupation to which they were apprenticed will be paid not less than the adult rate prescribed for that classification.

E.1.9 Except as provided in this schedule or where otherwise stated all conditions of employment specified in this award will apply to apprentices.

E.1.10 No apprentice under the age of 18 years will be required to work overtime unless they request to work overtime. An apprentice must not work or be required to work overtime at times which would prevent their attendance at technical school as required by this award or by State legislation.

E.1.11 No apprentice under the age of 18 years will be employed on any shift other than day shift. An apprentice over the age of 18 years,by mutual agreement may be required to work on an afternoon shift provided such shiftwork does not prevent their attendance at technical school as required by this award or by State legislation.

E.1.12 An apprentice must not work under any system of payment by results.

E.1.13 An employer must allow an apprentice to take time off during working hours to attend available classes. In order to be entitled to the time off the apprentice must produce a card showing the employee’s attendance at school for the period.

E.1.14 The provisions of this schedule will be read in conjunction with any state legislation or regulation relating to apprentices.

E.1.15 Provisions of any State legislation or regulation relating to the attendance of apprentices at technical school during ordinary working hours or to disciplinary powers of Apprenticeship Authorities over apprentices and employers are deemed not to be inconsistent with this award.

[E.1.16 substituted by PR559276 ppc 01Jan15]

E.1.16 Apprentices are entitled to the NES,as supplemented by this award,except with respect to redundancy pay.

E.1.17 The ordinary hours of work of apprentices must not exceed those of the tradespersons employed under this award.

E.1.18 The number of apprentices that may be employed by an employer at any time in the said trade or trades must not exceed the proportion of one apprentice for each individual tradesperson employed by the employer in such trade.

[E.1.19 inserted by PR559276 ppc 01Jan15]

E.1.19 Where an apprentice is required to attend block release training for training identified in or associated with their training contract,and such training requires an overnight stay,the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that this clause will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

[E.1.20 inserted by PR559276 ppc 01Jan15]

E.1.20 For the purposes of clause E.1.19,excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,which exceed those incurred in travelling to and from work. For the purposes of this subclause,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

[E.1.21 inserted by PR559276 ppc 01Jan15]

E.1.21 The amount payable by an employer under clause E.1.19 may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

[E.1.22 inserted by PR559276 ppc 01Jan15]

E.1.22 Time spent by an apprentice in attending any training and/or assessment specified in,or associated with,the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. This subclause operates subject to the provisions of clause E.2School-based Apprentices of Schedule E.

E.2 School-based Apprentices

E.2.1 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.

E.2.2 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.

E.2.3 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.

E.2.4 For the purposes of clause E.2.3,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.

E.2.5 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.

E.2.6 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.

E.2.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.

[E.2.8 substituted by PR544176 ppc 01Jan14;corrected by PR545429 ppc 01Jan14]

E.2.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.

[E.2.9 substituted by PR544176 ppc 01Jan14;corrected by PR545429 ppc 01Jan14]

E.2.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

[E.2.10 substituted by PR544176 ppc 01Jan14;corrected by PR545429 ppc 01Jan14]

E.2.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

E.2.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

[Sched F deleted by PR994501]

Schedule F—2016 Part-day Public Holidays

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

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

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

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

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

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

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

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

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

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

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

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

Schedule G—Agreement to Take Annual Leave in Advance

[Sched G inserted by PR582995 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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

I agree that:

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

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule H—Agreement to Cash Out Annual Leave

[Sched H inserted by PR582995 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule I

Schedule J—Agreement for Time Off Instead Of Payment for Overtime

[Sched I inserted by PR584095 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:
MA000076
Title:
Educational Services (Schools) General Staff Award 2010
Effective:
29 Jul 2017
Updated:
14 Aug 2017
Instrument Type:
Modern Award
(26)
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
Educational Services (Schools) General Staff Award 2010
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(1)
2 Sep 2016
(28)
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