Storage Services and Wholesale Award 2010

Storage Services and Wholesale Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 29 July 2017 (PR583081).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/214;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8;AM2016/15;AM2016/17

Table of Contents

[Varied by PR991593,PR994486,PR532630,PR544519,PR546288,PR557581,PR557581,PR573679,PR583081,PR584158]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

8. Facilitative provisions

Part 2—Consultation and Dispute Resolution

9. Consultation

10. Dispute resolution

Part 3—Types of Employment and Termination of Employment

11. Types of employment

12. Termination of employment

13. Redundancy

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Allowances

17. District allowances

18. Accident pay

19. Higher duties

20. Payment of wages

21. Superannuation

Part 5—Hours of work and related matters

22. Hours of work

23. Breaks

24. Overtime and penalty rates

25. Shiftwork

Part 6—Leave and Public Holidays

26. Annual leave

27. Personal/carer’s leave and compassionate leave

28. Community service leave

29. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classifications

Schedule C—National Training Wage

Schedule D—Supported Wage System

Schedule E—2016 Part-day Public Holidays

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

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

Part 1—Application and Operation

1. Title

This award is the Storage Services and Wholesale Award 2010.

2. Commencement and transitional

[Varied by PR991593,PR542204]

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 PR542204 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 PR542204 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 PR542204 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 PR994486,PR997772,PR503736,PR546067]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994486 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 PR546067 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 PR546067 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 PR503736 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 PR503736 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 PR546067 ppc 01Jan14]

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

[Definition of MySuper product inserted by PR546067 ppc 01Jan14]

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

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

[Definition of on-hire inserted by PR994486 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

    standard rate means the minimum weekly wage for a Storeworker grade 4 in

    No table of contents entries found.clause 15.1

    steel distributing employee means an employee working for an employer at a site in or in connection with receiving,unloading,storing,packing,sorting,handling,cutting material to order,preparation for dispatch,loading and dispatch of steel or any similar material

    storage services and wholesale industry means the receiving,handling,storing,freezing,refrigerating,bottling,packing,preparation for sale,sorting,loading,dispatch,delivery,or sale by wholesale,of produce,goods or merchandise as well as activities and processes connected,incidental or ancillary

[Definition of transitional minimum wage instrument inserted by PR994486 from 01Jan10]

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

    wholesale means the sale of commodities in large quantities other than to final consumers

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

4. Coverage

[Varied by PR994486]

4.1 This industry award covers employers throughout Australia in the storage services and wholesale industry and their employees in the classifications listed in clause 14Classifications.

4.2 Notwithstanding clause 4.1,the award does not cover:

    (a) an employer to the extent that the employer is covered by another modern award that contains classifications relating to functions included within the definition of the storage services and wholesale industry with respect to any employee who is covered by that award;

    (b) 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 4.2(c) inserted by PR994486 from 01Jan10]

    (c) 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;or

[4.2(c) renumbered as 4.2(d) by PR994486 from 01Jan10]

    (d) the Road Transport and Distribution Award 2010.

[New 4.3 inserted by PR994486 from 01Jan10]

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

[New 4.4 inserted by PR994486 from 01Jan10]

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

[4.3 renumbered as 4.5 by PR994486 from 01Jan10]

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

[4.4 renumbered as 4.6 by PR994486 from 01Jan10]

4.6 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 PR542204]

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 PR542204 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 PR542204 ppc 04Dec13]

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

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

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

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

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

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

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

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

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

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

7.8 The agreement may be terminated:

[7.8(a) varied by PR542204 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 PR542204 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 PR542204 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 PR542204 ppc 04Dec13]

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

8. Facilitative provisions

8.1 Agreement to vary award provisions

    (a) This award contains facilitative provisions that allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or enterprise level.

    (b) The specific award provisions establish both the standard award conditions and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.

8.2 Facilitation by individual agreement

    (a) The following facilitative provisions can be utilised upon agreement between an employer and an employee:

      (i) Travelling allowances;

      (ii) Hours of work—ordinary hours;

      (iii) Hours of work—days of the week;

      (iv) Hours of work—spread of hours;

      (v) Hours of work—normal rostered day off;and

      (vi) Shiftwork—transfer to or from shiftwork.

    (b) The agreement reached must be recorded in writing and kept as a time and wages record.

8.3 Facilitation by majority agreement

    (a) The following facilitative provisions can be utilised upon agreement between the employer and the majority of employees in the workplace or part of it. Once such an agreement has been reached,the particular form of flexibility agreed upon may be utilised by agreement between the employer and an individual employee without the need for the majority to be consulted:

      (i) Payment of wages—electronic funds transfer;

      (ii) Hours of work—ordinary hours;

      (iii) Hours of work—days of week;

      (iv) Hours of work—spread of hours;

      (v) Hours of work—maximum number of hours;and

      (vi) Shift rosters.

    (b) The agreement reached must be recorded in writing and kept as a time and wages record.

Part 2—Consultation and Dispute Resolution

9. Consultation

10. Dispute resolution

9. Consultation

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

9.1 Consultation regarding major workplace change

    (a) Employer to notify

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

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

    (b) Employer to discuss change

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

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

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

9.2 Consultation about changes to rosters or hours of work

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

    (b) The employer must:

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

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

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

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

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

10. Dispute resolution

[Varied by PR542204]

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

[10.2 varied by PR542204 ppc 04Dec13]

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

[10.3 varied by PR542204 ppc 04Dec13]

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

[10.4 varied by PR542204 ppc 04Dec13]

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

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

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

Part 3—Types of Employment and Termination of Employment

11. Types of employment

12. Termination of employment

13. Redundancy

11. Types of employment

11.1 Engagement of employees

    An employee is to be engaged as a full-time,a regular part-time,or a casual employee.

11.2 Full-time employment

    A full-time employee is one engaged and paid by the week.

11.3 Part-time employment

    (a) An employer may employ part-time employees in any classification in this award.

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

      (i) works fewer than full-time hours of 38 per week;

      (ii) has reasonably predictable hours of work;and

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

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

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

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

    (f) All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 24Overtime and penalty rates.

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

    (h) Commencement of part-time work and return from part-time to full-time work will not break the continuity of service or employment.

    (i) An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 11.4.

11.4 Casual employment

    (a) A casual employee is one engaged and paid as such and will be guaranteed not less than four hours’engagement every start.

    (b) Casual work will be paid for at the ordinary wage rate with an addition of 25%.

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 PR994486,PR503736,PR561478]

13.1 Redundancy pay is provided for in the NES.

13.2 Transfer to lower paid duties

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

13.3 Employee leaving during notice period

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

13.4 Job search entitlement

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

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

    (c) This entitlement applies instead of clause 12.3.

13.5 Transitional provisions –NAPSA employees

[13.5 varied by PR994486;renamed by PR503736;deleted by PR561478 ppc 05Mar15]

13.6 Transitional provisions –Division 2B State employees

[13.6 inserted by PR503736;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Allowances

17. District allowances

18. Accident pay

19. Higher duties

20. Payment of wages

21. Superannuation

14. Classifications

[Varied by PR991593]

The classifications under this award are set out in Schedule B—Classifications.

15. Minimum wages

[Varied by PR991593,PR997989,PR509115,PR522946,PR536749,PR551672,PR566762,PR579865,PR592184,PR593860]

15.1 Minimum wage rates

    The minimum wage rates of pay for a full-time adult employee are set out below:

[15.1 varied by PR997989,PR509115,PR522946,PR536749,PR551672,PR566762,PR579865,PR592184 ppc 01Jul17]

    Classification

    Minimum weekly rate

     

    $

    Storeworker grade 1

     

      On commencement

    742.30

      After 3 months

    751.70

      After 12 months

    760.70

    Storeworker grade 2

    767.70

    Storeworker grade 3

    790.30

    Storeworker grade 4

    813.40

    Wholesale employee level 1

     

      On commencement

    742.30

      After 3 months

    751.70

      After 12 months

    760.70

    Wholesale employee level 2

    767.70

    Wholesale employee level 3

    790.30

    Wholesale employee level 4

    813.40

15.2 Juniors

    The minimum wage rate to be paid to junior employees is as follows:

    Age

    Percentage of weekly wage for Storeworker grade 1 or Wholesale employee level 1

     

      %

    Under 16 years of age

    40

    16 years of age

    50

    17 years of age

    60

    18 years of age

    70

    19 years of age and over

    The appropriate adult rate

15.3 National training wage

[15.3 substituted by PR593860 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 Storage Services and Wholesale Award 2010 and not the Miscellaneous Award 2010.’

15.4 Supported wage system

16. Allowances

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

[Varied by PR994486,PR998094,PR509236,PR523066,PR536869,PR545767,PR551792,PR566893,PR579588,PR592339]

16.1 Meal allowance

[16.1 varied by PR998094,PR509236,PR523066,PR536869, PR551792,PR566893,PR579588,PR592339 ppc 01Jul17]

    An employee required to work overtime in excess of one hour after the usual finishing time will be paid an allowance of $16.28. Provided that such meal allowance will not be payable to an employee who can reasonably return home for a meal.

16.2 First aid allowance

    (a) An employee,qualified to St John Ambulance standard or equivalent,if requested to act as the first aid attendant will be paid an allowance of 1.5% of the standard rate per week.

    (b) An employee,on being requested by the employer to obtain first aid attendant qualifications (St John Ambulance standard or equivalent) will,on attaining such qualification,be reimbursed by the employer for the cost of approved books/manuals and other approved out-of-pocket expenses associated with attending the first aid course.

16.3 Travelling,transport and fares reimbursement

    (a) An employee who on any day,or from day to day,is required to work at a job away from the employee’s accustomed workshop or depot,will at the direction of the employer,present for work at such job at the usual starting time,but for all time reasonably spent in reaching and returning from such job (in excess of the time normally spent in travelling from the employee’s home to such workshop or depot and returning),will be paid travelling time,and any fares reasonably incurred in excess of those normally incurred in travelling between home and such workshop or depot.

    (b) The rate of pay for travelling time will be at ordinary rates,except on Sundays and public holidays when it will be time and a half.

16.4 Tools to be provided by employer

    If tools which employees are required to use in the course of their work are not provided by the employer,employees will be fully reimbursed for the cost of purchasing or supplying such tools.

16.5 Protective clothing and uniforms reimbursement

    (a) In respect of:

      (i) any person employed in a paint manufacturer’s store;or

      (ii) any employee whose work normally involves the lifting or carrying of crates or similar containers which are likely to damage clothing;

      the employer will reimburse an employee for the cost of purchasing overalls. This will not apply where the employer provides the overalls.

    (b) Where an employer requires an employee to wear any special uniform,dress or clothing,such uniform,dress or clothing will either be supplied and laundered by the employer,or the employer will reimburse the employee for the cost of laundering and purchase of such clothing.

    (c) Where it is agreed between the employer and the employee that the work normally performed by the employee is of an unusually dirty,wet or obnoxious nature,suitable protective clothing and/or footwear will be supplied by the employer,or else the employer will reimburse the employee for the cost of such protective clothing and footwear.

16.6 Damaged personal effects allowance

[16.6 varied by PR998094,PR509236,PR523066,PR536869;substituted by PR545767 ppc 17Dec13]

[16.6(a) varied by PR551792,PR566893,PR579588,PR592339 ppc 01Jul17]

    (a) An employer will reimburse an employee for the replacement or repair of the employee’s dentures and/or prescription spectacles which are damaged or destroyed in the course of the employee’s ordinary duties,other than through the employee’s own negligence,up to a maximum of $866.95 for each set of dentures and/or spectacles.

    (b) Provided that the employer may require the employee to provide a statutory declaration setting out the circumstances of the damage or destruction and supporting evidence of the value of the item damaged or destroyed will be provided by the employee.

    (c) In a situation where an employee has already received reimbursement of costs from the employer under clause 16.6(a),and later receives compensation which covers the replacement or repair of an employee’s dentures and/or prescription spectacles through an applicable workers’compensation scheme in the relevant state or territory,then the following shall apply;

      ●Where any compensation received from a workers’compensation scheme fully covers the cost of replacement or repair,then the employee will reimburse the employer the amount already received under clause 16.6(a).

      ●If any compensation received from a workers’compensation scheme does not fully cover the cost of replacement or repair and the total payments received from both the workers’compensation scheme and the employer exceed the cost of replacement or repair,the employee is only required to reimburse the employer the difference between the cost of replacement or repair and the total amount received from the scheme and the employer.

16.7 Cold temperatures

    Employees required to work in cold temperatures will be paid the rates prescribed in clause 15Minimum wages of this award with additional rates as follows:

    (a) from –15.6�C (4�F) down to –18.9�C (–2�F)—0.1% of the standard rate per hour or part thereof;

[16.7(b) varied by PR994486 from 01Jan10]

    (b) less than –18.9�C (–2�F) down to –23.3�C (–10�F)—0.15% of the standard rate per hour or part thereof;or

    (c) less than –23.3�C (–10�F)—0.2% of the standard rate per hour or part thereof.

16.8 Adjustment of expense related allowances

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

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

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

    Damaged personal effects allowance

    Health group

   

17. District allowances

[Varied by PR994486;deleted by PR561478 ppc 05Mar15]

18. Accident pay

[Varied by PR994486,PR503736;deleted by PR561478 ppc 05Mar15;new 18 inserted by PR571845 ppc 15Oct15]

18.1 Definitions

    For the purposes of this clause,the following definitions will apply:

    (a) Accident pay means a weekly payment made to an employee by the employer that is the difference between the weekly amount of compensation paid to an employee pursuant to the applicable workers’compensation legislation and the employee’s weekly wage payable under this Award for the classification of work if the employee had been performing their normal duties (not including over award payments,shift loadings or overtime).

    (b) Injury will be given the same meaning and application as applying under the applicable workers’compensation legislation covering the employer.

18.2 Entitlement to accident pay

    The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’compensation legislation for a maximum period of 26 weeks.

18.3 Calculation of the period

    (a) The 26 week period commences from the date of injury. In the event of more than one absence arising from one injury,such absences are to be cumulative in the assessment of the 26 week period.

    (b) The termination by the employer of the employee’s employment within the 26 week period will not affect the employee’s entitlement to accident pay.

    (c) For a period of less than one week,accident pay (as defined) will be calculated on a pro rata basis.

18.4 When not entitled to payment

    An employee will not be entitled to any payment under this clause in respect of any period of paid annual leave or long service leave,or for any paid public holiday.

18.5 Return to work

    If an employee entitled to accident pay under this clause returns to work on reduced hours or modified duties,the amount of accident pay due will be reduced by any amounts paid for the performance of such work.

18.6 Redemptions

    In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’compensation legislation,the liability of the employer to pay accident pay will cease from the date the employee receives that payment.

18.7 Damages independent of the Acts

    Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers’compensation legislation,such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under this clause and the employee will not be entitled to any further accident pay thereafter.

18.8 Casual employees

    For a casual employee,the weekly payment referred to in clause 18.1(a) will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or,if the employee has been employed for less than 12 months by the employer,the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over award payments,shift loadings or overtime.

19. Higher duties

19.1 Where a weekly employee performs work temporarily at a classification higher than that under which the employee is engaged or deemed to be working,the employee will be paid as follows:

    (a) Up to three hours on any one day—the rate prescribed for such higher classification with a minimum of one hour.

    (b) Over three hours on any one day—a full day’s pay at the rate prescribed for such higher classification.

    (c) Over 20 hours in any one week—a full week’s pay at the rate prescribed for such higher classification.

19.2 A weekly employee must not suffer any reduction in wages during any week by reason of the employee performing work for a part of such week at a classification lower than that under which the employee was engaged or deemed to be working.

20. Payment of wages

[Varied by PR545767]

20.1 Period of payment

    Wages must be paid weekly or fortnightly.

20.2 Method of payment

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

20.3 Payment of wages on termination of employment

[20.3 substituted by PR545767 ppc 17Dec13]

    On termination of employment,wages due to an employee must be paid on the day of termination or forwarded to the employee as soon as reasonably practicable and within two working days after the termination.

20.4 Public holiday or day off coinciding with pay day

[20.4 substituted by PR545767 ppc 17Dec13]

    Where an employee is paid wages by cash or cheque and the employee is,by virtue of the day being a public holiday or of the arrangement of the employee’s ordinary hours,to take a day off on a day which coincides with pay day,such employee must be paid no later than the working day preceding pay day. However,if the employer is able to make suitable arrangements and the employee agrees,wages may be paid on the working day immediately following pay day.

21. Superannuation

[Varied by PR990544,PR994486,PR999890,PR530254,PR546067]

21.1 Superannuation legislation

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

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

21.2 Employer contributions

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

21.3 Voluntary employee contributions

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

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

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

21.4 Superannuation fund

[21.4 varied by PR994486 from 01Jan10]

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

    (a) AustralianSuper;

    (b) Labour Union Co-operative Retirement Fund (LUCRF);

    (c) TasPlan;

    (d) Sunsuper;

[21.4(e) substituted by PR530254 ppc 26Oct12]

    (e) CareSuper;

    (f) REST;

[21.4(g) deleted by PR530254 ppc 26Oct12]

[21.4(h) substituted by PR999890 from 27Jul10;renumbered as 21.4(g) by PR530254 ppc 26Oct12]

    (g) MTAA Superannuation Fund;

[21.4(i) inserted by PR999890 from 27Jul10;renumbered as 21.4(h) by PR530254 ppc 26Oct12,varied by PR546067 ppc 01Jan14]

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

[New 21.4(i) inserted by PR546067 ppc 01Jan14]

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

Part 5—Hours of work and related matters

22. Hours of work

23. Breaks

24. Overtime and penalty rates

25. Shiftwork

22. Hours of work

22.1 Ordinary hours of work—day workers

    (a) The ordinary hours of work will be an average of 38 hours per week Monday to Friday inclusive,spread over a period of four weeks.

    (b) The ordinary hours will be worked on four or five days of not more than eight hours (Monday to Friday inclusive) each continuously,except for meal breaks,at the discretion of the employer.

    (c) An employee may work up to 10 ordinary hours in a day,subject to agreement between the employer and the majority of employees concerned or between the employee and the employer.

    (d) The days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned or between the employee and the employer.

    (e) The method of implementation of ordinary hours as specified in this award over a period of four weeks may be by employees working less than eight ordinary hours on one or more days a week or by rostering employees off on days of the week during a particular work cycle so that each employee has one day off during that work cycle.

22.2 Spread of hours

    (a) Ordinary hours will be worked between 7.00 am and 5.30 pm.

    (b) The spread of hours may be altered by up to one hour at either end of the spread,by agreement between an employer and the majority of employees concerned or between the employee and the employer.

22.3 Changing ordinary hours of work

    An employer will not alter the starting and finishing times in any establishment without giving one week’s notice.

22.4 Rostered days off

    (a) Where a system of working is adopted to allow one rostered day off in each four weeks an employee will not be entitled to more than 12 such rostered days off in any 12 month period.

    (b) Notice of rostered days off

      Where,by virtue of the arrangement of the employee’s ordinary working hours,an employee is entitled to a rostered day off,such employee will be advised by the employer at least four weeks in advance of the weekday the employee is to take off.

    (c) Flexibility in relation to rostered days off

      An individual employee,with the agreement of the employer may substitute the day the employee is to take off for another day.

    (d) Rostered days off—substitute days

      Notwithstanding clause 22.4(b),an employer with the agreement of the majority of employees concerned may substitute a rostered day off for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

22.5 Make-up time

    (a) 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.

    (b) An employee on shiftwork may elect,with the consent of the employee’s employer,to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time,at the shiftwork rate which would have been applicable to the hours taken off.

    (c) On each occasion that the employee elects to use this provision the resulting agreement will be recorded at the time when the agreement is made.

23. Breaks

23.1 Time for taking meal breaks

    (a) No employee will be required to work longer than five hours without a break for a meal,not less than 30 minutes or more than one hour in duration.

    (b) Where a meal break is to be taken immediately prior to or during a period of overtime,it will not exceed one hour in duration.

23.2 Rest period

    A rest break of 10 minutes each morning and afternoon will be granted to all employees. Such rest break is to be counted as time worked and taken at a time fixed by the employer,provided that the rest break will not be granted within one hour of normal commencement or cessation of work or within one hour either side of a meal break.

24. Overtime and penalty rates

[Varied by PR584158]

24.1 Payment for overtime

    All time worked by an employee in excess of or outside the ordinary hours of work prescribed by this award will be paid at the rate of time and a half for the first two hours and double time after that.

24.2 Calculation of overtime

    For the purpose of this clause:

    (a) each day or shift worked will stand alone;

    (b) day means all the time between the normal commencing time of one day and the normal commencing time of the next succeeding day;

    (c) Saturday means all the time between midnight Friday and midnight Saturday;and

    (d) Sunday means all the time between midnight Saturday and midnight Sunday.

24.3 Time off instead of payment for overtime

[24.3 substituted by PR584158 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 24.3.

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

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

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

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

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

      Note:An example of the type of agreement required by this clause is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 24.3 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 24.3 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 24.3 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 24.3 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 24.3 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 24.3 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 24.3.

24.4 Rest period after overtime

    (a) Wherever reasonably practicable overtime will be arranged so that employees have at least 10 consecutive hours off duty between the work of successive days.

    (b) Where an employee works so much overtime that there are fewer than 10 hours between finishing overtime on one day and commencing ordinary work on the next day,the employee will be released until the employee has had at least 10 consecutive hours off without loss of pay for ordinary working time occurring during such absence.

    (c) If,on the instructions of the employer,an employee resumes work or continues work without having had 10 consecutive hours off duty,the employee will be paid at the rate of double time until released from duty and will then be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

24.5 Penalty rates for weekends and public holidays

    (a) Saturdays

      (i) All time worked on a Saturday must be paid for at the rate of time and a half.

      (ii) An employee required to work overtime on a Saturday must be afforded at least three hours’work or must be paid for three hours at the appropriate rate,except where such overtime is worked immediately prior to or at the conclusion of ordinary hours of work.

    (b) Sundays

      (i) All time worked on a Sunday must be paid for at the rate of double time.

      (ii) An employee required to work overtime on a Sunday must be afforded at least four hours’work or must be paid for four hours at the appropriate rate,except where such overtime is worked immediately prior to or at the conclusion of ordinary hours of work.

    (c) Public holidays

      (i) All work performed on any of the holidays prescribed or substituted must be paid for at the rate of double time and a half.

      (ii) An employee required to work on a public holiday will be afforded at least four hours’work or be paid for four hours at the appropriate rate.

24.6 Call-back

    (a) Mondays to Fridays

      An employee called back to work after the employee has left work for the day must be paid for a minimum of four hours’work calculated at the appropriate rate for each time the employee is called back.

    (b) Saturdays

      An employee called back to work after 12 noon on a Saturday must be paid for a minimum of four hours’work calculated at the rate of double the appropriate rate.

    (c) Sundays

      An employee called back to work on a Sunday must,for the first call-back,be paid for a minimum of four hours’work at the rate of double the appropriate rate. Each subsequent call-back must be paid at the rate of double time for the actual time worked.

25. Shiftwork

25.1 Definitions

    (a) Early morning shift means a shift commencing between 2.00 am and 7.00 am.

    (b) Afternoon shift means a shift finishing after 6.00 pm and at or before midnight.

    (c) Night shift means a shift finishing after midnight and at or before 8.30 am.

    (d) By agreement between the employer and the majority of employees in the workplace or a section or sections of it,the span of hours over which afternoon shift may be worked may be altered by up to one hour at either end of the span.

25.2 No requirement to work shift

    Employees employed as day shift employees must not be required to work afternoon shift in the absence of the employee’s specific agreement. Afternoon shift will be worked by the employees engaged specifically for this purpose,or by volunteers from day shift. Employees must not be discriminated against in any way for not volunteering to work a particular shift.

25.3 Hours of work

    (a) The ordinary hours of work of shiftworkers will average 38 per week as provided in clause 22.1 and must not exceed 152 in any work cycle;and

    (b) except as provided in clause 25.3(c) will not exceed:

      (i) eight hours in one day;

      (ii) 38 hours in any one week;

      (iii) 76 hours in any 14 consecutive days;

      (iv) 114 hours in any 21 consecutive days;or

      (v) 152 hours in any 28 consecutive days.

    (c) The ordinary hours for shift employees may be worked between Monday and midnight Friday,inclusive,(subject to clause 25.1(c)) and will be worked on four or five days of not more than eight hours (Monday to Friday inclusive) each continuously,except for meal breaks,at the discretion of the employer. An employee may work up to 10 ordinary hours in a day,subject to agreement between the employer and the majority of employees in the workplace or a section or sections of it. The days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees in the workplace or a section or sections of it.

    (d) Where agreement is reached in accordance with clause 25.3(c),the minimum rate to be paid for a shiftworker for ordinary time worked between midnight on Friday and midnight on Saturday will be time and a half.

    (e) Where agreement is reached in accordance with clause 25.3(c),the minimum rate to be paid for a shiftworker for ordinary time worked between midnight on Saturday and midnight on Sunday will be double time.

    (f) The extra rates in clause 25.3(d) and clause 25.3(e) are in substitution for and not cumulative upon the shift penalties.

25.4 Shift allowances

    (a) An employee while on early morning shift will be paid for such shift 12.5% more than the employee’s ordinary rate.

    (b) An employee while on afternoon shift will be paid for such shift 15% more than the employee’s ordinary rate.

    (c) An employee while on night shift will be paid for such shift 30% more than the employee’s ordinary rate.

    (d) Employees required to work ordinary shifts on a public holiday will be paid in accordance with clause 24.5(c),instead of their shift penalty.

25.5 Setting and alteration of shift roster

    The employer will roster shifts at least 48 hours in advance and such roster will show the commencement and finishing time of each shift. Such times having been set may be altered:

    (a) by agreement between the employer and employee;or

    (b) by the employer with the provision of 24 hours’notice in cases of changes necessitated by circumstances outside the control of the employer.

Part 6—Leave and Public Holidays

26. Annual leave

27. Personal/carer’s leave and compassionate leave

28. Community service leave

29. Public holidays

26. Annual leave

[Varied by PR567249,PR583081]

26.1 Annual leave is provided for in the NES.

26.2 The employer will pay each employee in advance before the commencement of the employee’s annual leave the employee’s ordinary pay for the holiday period together with the applicable loading.

26.3 Electronic funds transfer (EFT) payment of annual leave

[New 26.3 inserted by PR583081 ppc 29Jul16]

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

26.4 Definition of shiftworker

[26.3 substituted by PR567249 ppc 27May15;26.3 renumbered as 26.4 by PR583081 ppc 29Jul16]

    For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act,a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.

26.5 Applicable loading

[26.4 renumbered as 26.5 by PR583081 ppc 29Jul16]

    (a) The rate of pay for annual leave is the employee’s rate of pay at the time the employee takes the annual leave,plus 17.5% of that rate or the relevant weekend penalty rates,whichever is greater but not both.

    (b) In the case of a shiftworker,where the employee would have received shift loadings had the employee not been on leave during the relative period,and such loadings would have entitled such employee to a greater amount than the 17.5% loading,then the shift loadings will be added to the employee’s ordinary pay instead of the annual leave loading.

26.6 Annual close down

[26.5 renumbered as 26.6 by PR583081 ppc 29Jul16]

    Where an employer intends temporarily to close (or reduce to nucleus) any establishment or a section thereof for the purpose of allowing annual leave to the employees concerned or a majority of them,the employer may give one month’s notice in writing to such employees (or,in the case of any employee engaged after giving of such notice,notice on the date of the employee’s engagement) that the employer elects to apply the provisions of this clause;and thereupon:

    (a) any employee who at the date of closing is entitled to annual leave for the period of the closure will be given annual leave for the period of the closure;

    (b) any employee who at the date of closing is not entitled to annual leave will be given leave without pay from the date of closure,together with pay for any period for which the employee is entitled to payment;and

    (c) the next 12 monthly qualifying period of employment for every such employee will commence from the date of closing.

    In this clause date of closing in relation to each employee means the first day of annual leave or leave pursuant to this clause.

26.7 Annual leave in advance

[26.7 inserted by PR583081 ppc 29Jul16]

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

    (b) An agreement must:

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

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

      Note:An example of the type of agreement required by clause 26.7 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.

    (c) The employer must keep a copy of any agreement under clause 26.7 as an employee record.

    (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 26.7,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

26.8 Cashing out of annual leave

[26.8 inserted by PR583081 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 26.8.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 26.8.

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

    (d) An agreement under clause 26.8 must state:

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

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

    (e) An agreement under clause 26.8 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

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

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

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

    (i) The employer must keep a copy of any agreement under clause 26.8 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 26.8.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 26.8.

    Note 3:An example of the type of agreement required by clause 26.8 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

26.9 Excessive leave accruals:general provision

[26.9 inserted by PR583081 ppc 29Jul16]

    Note:Clauses 26.9 to 26.11 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

    (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave (or 10 weeks’paid annual leave for a shiftworker,as defined by clause 26.4).

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

    (c) Clause 26.10 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

    (d) Clause 26.11 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[26.10 inserted by PR583081 ppc 29Jul16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 26.9(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

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

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 26.9,26.10 or 26.11 or otherwise agreed by the employer and employee) are taken into account;and

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

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

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

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

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

    Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 26.10(b)(i).

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

26.11 Excessive leave accruals:request by employee for leave

[26.11 inserted by PR583081;substituted by PR583081 ppc 29Jul17]

    (a) If an employee has genuinely tried to reach agreement with an employer under clause 26.9(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

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

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

      (ii) the employee has not been given a direction under clause 26.10(a) that,when any other paid annual leave arrangements (whether made under clause 26.9,26.10 or 26.11 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

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

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 26.9,26.10 or 26.11 or otherwise agreed by the employer and employee) are taken into account;or

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

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

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

    (d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 26.4) in any period of 12 months.

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

27. Personal/carer’s leave and compassionate leave

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

28. Community service leave

Community service leave is provided for in the NES.

29. Public holidays

29.1 Public holidays are provided for in the NES. These provisions are in addition to those provided for in the NES.

29.2 Substitution of certain public holidays by agreement at the enterprise

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

    (b) An agreement pursuant to clause 29.2 must be recorded in writing and be available to every affected employee.

29.3 Rostered day off falling on a public holiday

    (a) An employee who by the circumstances of the arrangement of their ordinary hours of work is entitled to a rostered day off which falls on a public holiday prescribed by this clause,will be granted an alternative day off to be determined by mutual agreement between the employer and the employee.

    (b) If mutual agreement is not reached then clause 10Dispute resolution will apply.

Schedule A—Transitional Provisions

[Varied by PR991593,PR503736]

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 PR503736 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 PR991593]

B.1 Storeworker grade 1

B.1.1 Point of entry

    New employee.

B.1.2 Skills/duties

    (a) Responsible for the quality of their own work subject to detailed direction.

    (b) Works in a team environment and/or under routine supervision.

    (c) Undertakes duties in a safe and responsible manner.

    (d) Exercises discretion within their level of skills and training.

    (e) Possesses basic interpersonal and communication skills.

    (f) Indicative of the tasks which an employee at this level may perform are the following:

      (i) storing and packing of goods and materials in accordance with appropriate procedures and/or regulations;

      (ii) preparation and receipt of appropriate documentation including liaison with suppliers;

      (iii) allocating and retrieving goods from specific warehouse areas;

      (iv) basic operation of computer terminal or similar equipment;

      (v) periodic stock-checks;

      (vi) responsible for housekeeping in own work environment;and

      (vii) use of non-licensed material handling equipment.

      Steel Distributing employees:

[New B.1.2(f)(viii) inserted by PR545767 ppc 17Dec13]

      (viii) Basic repair and preparation for use of pallets.

[B.1.2(f)(viii) to B.1.2(f)(xviii) renumbered as B.1.2(f)(ix) to B.1.2(f)(xix) by PR545767 ppc 17Dec13]

      (ix) maintaining the work area housekeeping;

      (x) assisting etc. (basic);

      (xi) crane chasing (basic);

      (xii) crane operating (basic);

      (xiii) fork-lift driving (basic);

      (xiv) manual strapping and packing;

      (xv) receiving goods,assembling orders,picking for processing (basic);

      (xvi) ensuring good order of equipment (maintenance,trouble shooting) (basic);

      (xvii) handling paperwork;

      (xviii) setting up and operating a simple machine (saw,cropper,punch,straightline cutter);and

      (xix) driving A (trucks,non-articulated vehicles up to 4.5 tonnes,GVM).

B.2 Storeworker grade 2

B.2.1 Points of entry

    (a) Storeworker grade 1.

    (b) Proven and demonstrated skills (including as appropriate,appropriate certification) to the level required of this grade.

B.2.2 Skills/duties

    (a) Able to understand detailed instructions and work from procedures.

    (b) Able to co-ordinate work in a team environment under limited supervision.

    (c) Responsible for quality of their own work.

    (d) Possesses sound interpersonal and communication skills.

    (e) Indicative of the tasks which an employee at this level may perform are the following:

      (i) licensed operation of all appropriate materials handling equipment;

      (ii) use of tools and equipment within the warehouse (basic non-trades maintenance);and

      (iii) computer terminal operation at a level higher than that of an employee at Storeworker grade 1.

      Steel Distributing employees:

      (iv) driving B (trucks);

      (v) crane chasing (advanced);

      (vi) crane operating (advanced);

      (vii) fork-lift driving (advanced);

      (viii) receiving goods,assembling orders,picking for processing (advanced);

      (ix) assisting (advanced);

      (x) ensuring good order of equipment (maintenance,trouble shooting) (advanced);and

      (xi) setting up and operating a mid-range machine (automatic saw,guillotine).

B.3 Storeworker grade 3

B.3.1 Points of entry

    (a) Storeworker grade 2.

    (b) Proven and demonstrated skills (including as appropriate,appropriate certification) to the level required of this grade.

B.3.2 Skills/duties

    (a) Understands and is responsible for quality control standards.

    (b) Possesses an advanced level of interpersonal and communication skills.

    (c) Competent keyboard skills.

    (d) Sound working knowledge of all warehousing/stores duties performed at levels below this grade,exercises discretion within scope of this grade.

    (e) May perform work requiring minimal supervision either individually or in a team environment.

    (f) Indicative of the tasks which an employee at this level may perform are the following:

      (i) use of a computer terminal for purposes such as the maintenance of a deposit storage system,information input/retrieval,etc. at a level higher than grade 2;

      (ii) operation of all materials handling equipment under licence;

      (iii) development and refinement of a store layout including proper location of goods and their receipt and dispatch;and

      (iv) employee who is responsible for the supervision of and the responsibility for the conduct of work of up to 10 employees.

      Steel Distributing employees:

      (v) setting up and operating a complex machine (plasma cutter,profile cutter);and

      (vi) driving C (trucks).

B.4 Storeworker grade 4

B.4.1 Points of entry

    (a) Storeworker grade 3.

    (b) Proven and demonstrated skills to the level required of this grade.

B.4.2 Skills/duties

    (a) Implements quality control techniques and procedures.

    (b) Understands and is responsible for a warehouse or a large section of a warehouse.

    (c) Highly developed level of interpersonal and communication skills.

    (d) Ability to supervise and provide direction and guidance to other employees including the ability to assist in the provision of on-the-job training and induction.

    (e) Exercises discretion within the scope of this grade.

    (f) Exercises skills attained through the successful completion of an appropriate warehousing certificate.

    (g) Indicative of the tasks which an employee at this level may perform are the following:

      (i) liaising with management,suppliers and customers with respect to stores operations;

      (ii) detailing and co-ordinating activities of other storeworkers and acting in a leading hand capacity for in excess of 10 storeworkers;and

      (iii) maintaining control registers including inventory control and being responsible for the preparation and reconciliation of regular reports or stock movement,dispatches,etc.

      Steel Distributing employees:

      (iv) setting up and operating a very complex machine (NC plasma cutter,NC profile cutter,slitter,shearline).

B.5 Wholesale employee level 1

B.5.1 An employee performing one or more of the following functions at a wholesale establishment:

    (a) the receiving and preparation for sale and/or display of goods;

    (b) the pre-packing or packing,weighing,assembling,pricing or preparing of goods or provisions or produce for sale;

    (c) the display,shelf filling,replenishing or any other method of exposure or presentation for sale of goods;

    (d) the sale or hire of goods by any means;

    (e) the receiving,arranging or making payment by any means;

    (f) the recording by any means of a sale or sales;

    (g) the wrapping or packing of goods for dispatch and the dispatch of goods;

    (h) the delivery of goods;

    (i) loss prevention;

    (j) demonstration of goods for sale;

    (k) the provision of information,advice and assistance to customers;

    (l) the receipt,preparation,packing of goods for repair or replacement and the minor repair of goods;and/or

    (m) work which is incidental to or in connection with any of the above.

B.5.2 Wholesale employees will undertake duties as directed within the limits of their competence,skills and training including incidental cleaning

B.6 Wholesale employee level 2

B.6.1 An employee performing work at a wholesale establishment at a higher skill level than a Wholesale employee level 1.

B.6.2 Indicative job titles which are usually within the definition of a Wholesale employee level 2 include:

    (a) Fork-lift operator;

    (b) Ride-on equipment operator.

B.7 Wholesale employee level 3

B.7.1 An employee performing work at a wholesale establishment at a higher level than a Wholesale employee level 2.

B.7.2 Indicative of the tasks which might be required at this level are the following:

    (a) supervisory assistance to a designated section manager or team leader;

    (b) opening and closing of premises and associated security;or

    (c) security of cash.

B.8 Wholesale employee level 4

B.8.1 An employee performing work at a wholesale establishment at a higher level than a Wholesale employee level 3.

B.8.2 Indicative of the tasks which might be required at this level are the following:

    (a) management of a defined section/department;

    (b) supervision of staff;

    (c) stock control;or

    (d) buying/ordering requiring the exercise of discretion as to price,quantity,quality etc.

Schedule C—National Training Wage

[Varied by PR991593,PR994486,PR997989,PR509115,PR522946,PR536749,PR545787,PR551672,PR566762,PR579865;deleted by PR593860 ppc 01Jul17]

Schedule D—Supported Wage System

[Varied by PR991593,PR994486,PR998748,PR510670,PR525068,PR537893,PR542204,PR551831,PR568050,PR581528,PR592689]

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

[D.2 varied by PR568050 ppc 01Jul15]

D.2 In this schedule:

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

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

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

D.3 Eligibility criteria

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

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

D.4 Supported wage rates

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

    Assessed capacity (clause D.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[D.4.2 varied by PR994486,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689 ppc 01Jul17]

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

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

D.5 Assessment of capacity

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

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

D.6 Lodgement of SWS wage assessment agreement

[D.6.1 varied by PR542204 ppc 04Dec13]

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

[D.6.2 varied by PR542204 ppc 04Dec13]

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

D.7 Review of assessment

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

D.8 Other terms and conditions of employment

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

D.9 Workplace adjustment

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

D.10 Trial period

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

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

[D.10.3 varied by PR994486,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689 ppc 01Jul17]

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

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

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

Schedule E—2016 Part-day Public Holidays

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

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

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

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

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

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

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

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

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

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

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

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

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR583081 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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

I agree that:

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

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR583081 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

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

[Sched H inserted by PR584158 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:
MA000084
Title:
Storage Services and Wholesale Award 2010
Effective:
29 Jul 2017
Updated:
2 Aug 2017
Instrument Type:
Modern Award
(27)
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
Storage Services and Wholesale Award 2010
(17)
(1)
2 Sep 2016
(29)
1.0.10.0