Gardening and Landscaping Services Award 2010

Gardening and Landscaping Services Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 4 December 2017 (PR598110).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/228; AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8;AM2016/15;AM2016/17

Table of Contents

[Varied by PR532630,PR544519,PR546288,PR557581,PR573679,PR583007,PR584106]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. District allowances

17. Accident pay

18. Higher duties

19. Payment of wages

20. Superannuation

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work and rostering

22. Overtime and penalty rates

23. Breaks

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classification Structure

Schedule C—Supported Wage System

Schedule D—School-based Apprentices

Schedule E—National Training Wage

Schedule F—2017 Part-day Public Holidays

Schedule G—Agreement to Annual Leave in Advance

Schedule H—Agreement to Cash Out Annual Leave

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

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Gardening and Landscaping Services Award 2010.

2. Commencement and transitional

[Varied by PR542221]

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 PR542221 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 PR542221 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 PR542221 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 PR997772,PR503702,PR544224,PR546093]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

[Definition of adult apprentice inserted by PR544224 ppc 01Jan14]

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

    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 PR546093 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 PR546093 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 PR503702 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 PR503702 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 PR546093 ppc 01Jan14]

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

    leading hand means an employee who is required to supervise,direct or be in charge of another employee or employees

[Definition of MySuper product inserted by PR546093 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)

    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 Level 4 employee in clause 14Minimum wages. This rate is to be used for the purposes of calculating various allowances that require a designated standard rate

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

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

4. Coverage

4.1 This industry award covers employers throughout Australia in the gardening and landscaping services industry and their employees in the classifications listed in Schedule B—Classification Structure to the exclusion of any other modern award.

4.2 Gardening and landscaping services industry means:

    (a) the design,preparation and installation of pavements,landscape features,and/or associated lawns and gardens in parklands,public domain and recreation areas;

    (b) maintenance or horticultural establishment work following practical completion of work;

    (c) the laying-out,construction,cultivation or keeping in order of gardens in connection with private houses;

    (d) landscape and environmental rehabilitation and restoration works on private or public lands;or

    (e) the preparation and maintenance of gardens and grounds including related turf and renovation works in sports fields.

4.3 The award does not cover employers or employees covered by the following awards:

    (a) Aged Care Award 2010;

    (b) Amusement,Events and Recreation Award 2010;

    (c) Building and Construction General On-site Award 2010;

    (d) Cemetery Industry Award 2010;

    (e) Educational Services (Schools) General Staff Award 2010;

    (f) Health Professionals and Support Services Award 2010;

    (g) Local Government Industry Award 2010

    (h) Racing Industry Ground Maintenance Award 2010;or

    (i) Registered and Licensed Clubs Award 2010.

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

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

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

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

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

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

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Award flexibility

[Varied by PR542221]

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 PR542221 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 PR542221 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 PR542221 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 PR542221 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 PR542221 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 PR542221 ppc 04Dec13]

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

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

8. Consultation

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

8.1 Consultation regarding major workplace change

    (a) Employer to notify

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

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

    (b) Employer to discuss change

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

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

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

8.2 Consultation about changes to rosters or hours of work

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

    (b) The employer must:

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

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

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

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

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

9. Dispute resolution

[Varied by PR542221]

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

[9.2 varied by PR542221 ppc 04Dec13]

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

[9.3 varied by PR542221 ppc 04Dec13]

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

[9.4 varied by PR542221 ppc 04Dec13]

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

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

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

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

10.1 General

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

      (i) full-time;

      (ii) part-time;or

      (iii) casual.

    (b) At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time,part-time or casual.

10.2 Full-time employment

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

10.3 Part-time employment

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

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

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

    (b) At the time of engagement the employer and the regular part-time employee will agree in writing,on a regular pattern of work,specifying the hours worked each day,which days of the week the employee will work and the actual starting and finishing times each day. These hours can only be varied by mutual agreement in writing.

    (c) For each ordinary hour worked,a part-time employee will be paid no less than the minimum hourly rate of pay for the relevant classification in clause 14Minimum wages.

10.4 Casual employment

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

    (b) For each hour worked,a casual employee will be paid no less than the minimum hourly rate of pay for an employee in that classification in clause 14Minimum wages,plus a casual loading of 25%.

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

    (d) A casual employee is entitled to a minimum period of engagement of three hours.

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 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.

11.3 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.

12. Redundancy

[Varied by PR503702,PR561478]

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

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

12.3 Employee leaving during notice period

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

12.4 Job search entitlement

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

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

    (c) This entitlement applies instead of clause 11.3.

12.5 Transitional provisions –NAPSA employees

[12.5 renamed by PR503702;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503702;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. District allowances

17. Accident pay

18. Higher duties

19. Payment of wages

20. Superannuation

13. Classifications

Employees will be classified in accordance with the classification descriptions contained in Schedule B—Classification Structure.

14. Minimum wages

[Varied by PR998001,PR509132,PR522963,PR536766,PR544224,PR551689,PR559278,PR566781,PR579888,PR592202,PR593875]

14.1 The classifications and minimum wages for an adult employee are set out in the following table:

[14.1 varied by PR998001,PR509132,PR522963,PR536766,PR551689,PR566781,PR579888,PR592202 ppc 01Jul17]

    Classification

    Minimum weekly wage

    Minimum hourly wage

    Gardener/Landscaper

    $

    $

    Introductory Level

    694.90

    18.29

    Level 1

    714.90

    18.81

    Level 2

    742.30

    19.53

    Level 3

    776.60

    20.44

    Level 4

    809.10

    21.29

    Level 5

    834.40

    21.96

14.2 Juniors

    The minimum wage payable to a junior employee will be the percentage of the adult rate prescribed for the classification in which the employee is employed as set out in the following table:

    Age

    % of adult rate

    17 years and under

    70

    18 years

    80

    19 years

    90

    20 years

    100

    The wage payable to a junior will,in the case of a weekly employee,be calculated to the nearest $0.10,and in the case of an hourly employee,be calculated to the nearest quarter of one cent.

14.3 Apprentices

[14.3 substituted by PR544224 ppc 01Jan14]

    (a) Apprentices who commenced before 1 January 2014 must be paid the following minimum percentage of the minimum wage rates for the tradesperson classification:

    Year of apprenticeship

    % of Level 4 rate

    1st year

    47.5

    2nd year

    60

    3rd year

    75

    4th year

    95

[14.3(b) substituted by PR566781 ppc 01Jul15]

    (b) Apprentices who commenced their apprenticeship on or after 1 January 2014 must be paid the following minimum percentage of the minimum wage rates for the tradesperson classification:

    Year of apprenticeship

    % of Level 4 rate for apprentices who have not completed year 12

    % of Level 4 rate for apprentices who have completed year 12

    1st year

    50

    55

    2nd year

    60

    65

    3rd year

    75

    75

    4th year

    95

    95

14.4 Adult apprentices

[New 14.4 inserted by PR544224 ppc 01Jan14]

    (a) The minimum rate for an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the minimum wage for Level 4,or the rate prescribed by clause 14.3(b) for the relevant year of the apprenticeship,whichever is the greater.

    (b) The minimum rate for an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 14.1 or the rate prescribed by clause 14.3(b) for the relevant year of the apprenticeship,whichever is the greater.

    (c) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement,provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 14.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

14.5 Apprentice conditions of employment

[New 14.5 inserted by PR559278 ppc 01Jan15]

    (a) Except as provided in this clause or where otherwise stated,all conditions of employment specified in this award apply to apprentices.

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

    (c) For the purposes of clause 14.5(b) above,excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,which exceed those incurred in travelling to and from work. For the purposes of this subclause,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

    (d) The amount payable by an employer under clause 14.5(b) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

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

    (f) An employer may meet its obligations under clause 14.5(e) by paying any fees and/or cost of textbooks directly to the RTO.

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

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

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

14.6 Supported wage system

[14.4 renumbered as 14.5 by PR544224,14.5 renumbered as 14.6 by PR559278 ppc 01Jan15]

14.7 School-based apprentices

[14.5 renumbered as 14.6 by PR544224,14.6 renumbered as 14.7 by PR559278 ppc 01Jan15]

14.8 National training wage

[14.6 renumbered as 14.7 by PR544224 ppc 01Jan14]

[14.7 renumbered as 14.8 by PR559278 ppc 01Jan15]

[14.8 substituted by PR593875 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 Gardening and Landscaping Services Award 2010 and not the Miscellaneous Award 2010.

15. Allowances

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

[Varied by PR998123,PR509253,PR523083,PR536886,PR551809,PR566910,PR579608,PR592356]

15.1 Leading hands

    (a) A leading hand (as defined) must be paid a weekly allowance as follows:

    In charge of:

    % of standard rate

    1–2 employees

    2

    3–6 employees

    4

    7–9 employees

    5

    10 or more employees

    7

    (b) These allowances are in addition to any other wage specified for the employee.

15.2 Vehicles and/or plant

    An employee who is required to drive a work vehicle (which requires a licence for a truck or tractor) or operate plant in the course of their work,but not when the employee merely assists a fitter or engineer to do such,will receive an additional payment of 0.6% of the standard rate per day.

15.3 Tool allowance

[15.3(a) varied by PR998123,PR592356 ppc 01Jul17]

    (a) Tradespersons must be paid a tool allowance of $13.52 per week,for all purposes of the award.

    (b) This allowance does not apply where the employer provides all the tools reasonably required by the tradesperson to perform all the functions of the tradesperson’s employment.

    (c) An employee provided with tools of the trade by the employer is not responsible for the loss of such tools if outside the control of the employee.

    (d) An employee provided with tools of the trade by the employer will replace all or any tools of trade lost due to negligence of the employee.

15.4 Clothing and equipment

    (a) Where an employee is required to wear protective clothing (e.g. oilskins,gumboots,overalls,goggles,safety boots,bowling shoes etc.),the employer must reimburse the employee for the cost of purchasing such special clothing and equipment. The provisions of this paragraph do not apply where the clothing and equipment is paid for by the employer.

    (b) If required to be worn,the employer will provide the employee with a uniform at the commencement of employment,to be replaced on a fair wear and tear basis. The employer may deduct an agreed amount from the wages due to an employee to cover the cost of the initial uniform issue. The employee will have that amount reimbursed by the employer when the employee returns the uniform on termination of employment or at the expiration of six months from the commencement of employment.

15.5 Travel and accommodation

    (a) Where an employee is required to work away from their usual place of residence,the employer will provide reasonable board and lodging or will pay the demonstrable cost of such lodging.

    (b) An employee who is required to work away from their usual place of employment will,at the direction of the employer,present themselves for work on such a job at the usual starting time. For all time reasonably spent in reaching and returning from such a job in excess of the time normally spent in travelling,they will be paid travel time and fares reasonably incurred in excess of those normally incurred in travelling between home and the depot.

15.6 Vehicle allowance

[15.6 varied by PR523083,PR536886,PR551809 ppc 01Jul14]

    Where an employee is directed by the employer to use the employee’s motor vehicle for any purpose,the employer must pay an allowance of $0.78 per kilometre travelled. The time spent travelling will be paid for at ordinary rates provided that an employee will not be paid more than an ordinary day’s wages for any time not exceeding 24 hours spent in travelling.

15.7 Meal allowance

[15.7 varied by PR998123,PR509253,PR523083,PR536886,PR551809,PR566910,PR592356 ppc 01Jul17]

    An employee who is required to work overtime for one and a half hours or more immediately after the completion of their ordinary hours of work on an ordinary working day or immediately after the completion of eight hours of work on a Saturday,Sunday or public holiday,will be paid a meal allowance of $14.31.

15.8 First aid allowance

    An employee holding a first aid qualification from St John Ambulance or equivalent and who is appointed by the employer to perform first aid duties will be paid an allowance of 2% of the standard rate per week.

15.9 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.

[15.9(b) varied by PR523083 ppc 01Jul12]

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

    Allowance

    Applicable Consumer Price Index figure

    Tool allowance

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

    Vehicle allowance

    Private motoring sub-group

    Meal allowance

    Take away and fast foods sub-group

   

16. District allowances

[16 deleted by PR561478 ppc 05Mar15]

17. Accident pay

[Varied by PR503702;deleted by PR561478 ppc 05Mar15]

18. Higher duties

18.1 An employee who is required to perform work for which a higher rate is fixed than that provided for in their ordinary duties will,if such work exceeds a total of three hours on any day,be paid for all work done on such day at the higher rate.

18.2 In all other cases the employee will be paid at the higher rate for the actual time worked.

19. Payment of wages

19.1 Period of payment

    Wages must be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight.

19.2 Method of payment

    Wages must be paid by cash,cheque or electronic funds transfer into the employee’s bank or other nominated financial institution account.

20. Superannuation

[Varied by PR530229,PR546093]

20.1 Superannuation legislation

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

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

20.2 Employer contributions

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

20.3 Voluntary employee contributions

    (a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 20.2.

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

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

20.4 Superannuation fund

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

    (a) AustralianSuper;

    (b) HOSTPLUS;

    (c) Cbus Super;

[20.4(d) substituted by PR530229 ppc 26Oct12]

    (d) CareSuper;

[20.4(e) deleted by PR546093 ppc 01Jan14]

[20.4(f) renumbered as 20.4(e) by PR546093 ppc 01Jan14]

    (e) Statewide Superannuation Trust;

[20.4(g) renumbered as 20.4(f) by PR546093 ppc 01Jan14]

    (f) AustSafe Super;

[20.4(h) renumbered as 20.4(g) and varied by PR546093 ppc 01Jan14]

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

[New 20.4(h) inserted by PR546093 ppc 01Jan14]

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

20.5 Absence from work

    Subject to the governing rules of the relevant superannuation fund,the employer must also make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b):

    (a) Paid leave—while the employee is on any paid leave;

    (b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

      (i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements;and

      (ii) the employee remains employed by the employer.

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work and rostering

22. Overtime and penalty rates

23. Breaks

21. Ordinary hours of work and rostering

21.1 The ordinary working hours will be 38 or an average of 38 hours per week,Monday to Friday between 6.00 am and 6.00 pm and Saturday between 6.00 am and 12.00 noon or,in accordance with clause 21.3,an average of 38 hours per week over a four week cycle.

21.2 Ordinary hours will not exceed 10 hours per day.

21.3 Rostered days off

    (a) An employer may employ a system of rostered days off (instead of working 38 hours per week) by any of the following methods:

      (i) by fixing one weekday in a particular working cycle on which all employees will be off;or

      (ii) by rostering employees off on various days in a particular work cycle so that each employee has one day off during that cycle;or

      (iii) by any other method which best suits the workplace and is agreed to by the employer and a majority of employees affected.

    (b) Provided that any existing arrangement will not be altered without the agreement of a majority of employees in the affected workplace.

      (i) Where any rostered day off prescribed by this clause above falls on a gazetted public holiday,the next working day will be taken instead of the rostered day off unless an alternative day in that four week cycle or the next is agreed in writing between the employer and the employee.

      (ii) Where agreement has been reached between the employee and employer,up to 10 rostered days off may be accumulated and taken at an agreed time.

    (c) Each day of paid leave taken (except a rostered day off) and any gazetted public holiday occurring during any cycle of four weeks will be regarded as a day worked for accrual purposes.

21.4 Water restrictions

    (a) Where an employer is subject to water restrictions,the employer may require any employee to perform their ordinary hours of work (or any such ordinary hours) at any time on any day other than a Saturday after 12 noon or on a Sunday.

    (b) Where the ordinary hours are performed outside the spread of hours specified in clause 21.1,then those hours will be paid at time and a half.

    (c) For the purpose of this clause,water restrictions means restriction or rationing in the use of water in accordance with orders or regulations approved by the appropriate lawful authority.

22. Overtime and penalty rates

[Varied by PR584106]

22.1 Payment for working overtime

    All time worked in excess of 38 hours a week or outside the spread of hours set out in clause 21Ordinary hours of work and rostering,or in excess of 10 hours per day will be paid for at the rate of time and a half for the first two hours and double time after that.

22.2 Rest period after overtime duty

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

    (b) Where an employee (other than a casual employee) works so much overtime that there is less than 10 hours between finishing overtime from one day and the commencement of their ordinary work on the next day,the employee will be released,subject to clause 22.2(c) until they have 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,such an employee resumes work or continues work without having had such 10 consecutive hours off duty they will be paid at double time until the employee is released from duty for such period and the employee can then be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

22.3 Transport after overtime work

    When an employee after having worked overtime finishes work at a time when reasonable means of transport are not available the employer will provide the employee with transportation to their home.

22.4 Call-back

    An employee required to attend for work after leaving the place of employment will be paid a minimum of four hours pay at the appropriate rate for each attendance,provided that the employee will not be required to work a full four hours’work if the job they were recalled to perform is completed within a shorter period.

22.5 Time off instead of payment for overtime

[New 22.5 inserted by PR584106 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 22.5.

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

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

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

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

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

      Note:An example of the type of agreement required by this clause is set out at Schedule I. There is no requirement to use the form of agreement set out at Schedule I. An agreement under clause 22.5 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

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

      EXAMPLE:By making an agreement under clause 22.5 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

    (e) Time off must be taken:

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

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

    (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 22.5 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

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

    (h) The employer must keep a copy of any agreement under clause 22.5 as an employee record.

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

    (j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.5 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

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

    (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 22.5 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.5.

22.6 Public holiday work

[22.5 renumbered as 22.6 by PR584106 ppc 22Aug16]

    An employee required to work on a public holiday will be paid at the rate of double time and a half with a minimum of four hours’payment.

23. Breaks

23.1 Meal breaks

    (a) A period of not less than 30 minutes,not later than five hours after commencing work,will be allowed for an unpaid meal break.

    (b) An employee required to work through their normal meal break will be paid at the rate of time and a half until such time as they receive a meal break of the customary duration.

23.2 Paid breaks

    (a) An employee working overtime will be allowed a paid break of 20 minutes duration without deduction of pay after each four hours of overtime worked if the employee continues work after such a break.

    (b) Where the period of overtime is to be for more than one and a half hours,an employee will be allowed a meal break of 20 minutes after ordinary hours before starting overtime,paid for at ordinary rates.

    (c) An employer and employee may agree to any variation of the provisions of this clause to meet the circumstances of the work in hand provided that the employer will not be required to make payment in respect of any time allowed in excess of 20 minutes.

23.3 Rest break

    Employees will be allowed a paid rest break of 10 minutes each morning. Where agreement is reached between the employer and employee for an additional rest break,such rest break will be unpaid and exclusive of the employee’s ordinary hours of work.

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Public holidays

24. Annual leave

[Varied by PR546338,PR583007,PR588749]

24.1 Annual leave is provided for in the NES.

24.2 For the purpose of the NES,a shiftworker means an employee whose ordinary working period includes Saturdays,Sundays and/or public holidays which the employee may be regularly rostered to work.

24.3 Annual leave in advance

[24.3 substituted by PR583007 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 the leave is to commence;and

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

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

    (c) The employer must keep a copy of any agreement under clause 24.3 as an employee record.

    (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.3,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

24.4 Excessive leave accruals:general provision

[24.4 substituted by PR588749 ppc 20Dec16]

    Note:Clauses 24.4 to 24.6 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

    (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave (or 10 weeks’paid annual leave for a shiftworker,as defined by clause 24.2).

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

    (c) Clause 24.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

    (d) Clause 24.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[New 24.5 inserted by PR588749 ppc 20Dec16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 24.4(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

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

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.4,24.5 or 24.6 or otherwise agreed by the employer and employee) are taken into account;and

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

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

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

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

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

    Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 24.5(b)(i).

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

24.6 Excessive leave accruals:request by employee for leave

[New 24.6 inserted by PR588749 ppc 20Dec16]

    (a) Clause 24.6 comes into operation from 20 December 2017.

    (b) If an employee has genuinely tried to reach agreement with an employer under clause 24.4(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

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

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

      (ii) the employee has not been given a direction under clause 24.5(a) that,when any other paid annual leave arrangements (whether made under clause 24.4,24.5 or 24.6 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

    (d) A notice given by an employee under paragraph (b) must not:

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.4,24.5 or 24.6 or otherwise agreed by the employer and employee) are taken into account;or

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

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

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

    (e) An employee is not entitled to request by a notice under paragraph (b) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 24.2) in any period of 12 months.

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

[24.5 renumbered as 24.7 by PR588749 ppc 20Dec16]

24.7 Before the start of the employee’s annual leave the employer must pay the employee:

    (a) instead of the base rate of pay referred to in the NES,the amount the employee would have earned for working their normal hours,exclusive of overtime,had they not been on leave;and

    (b) an additional loading of 17.5% of the minimum rate prescribed in clause 14Minimum wages.

24.8 Electronic funds transfer (EFT) payment of annual leave

[New 24.6 inserted by PR583007 ppc 29Jul16;renumbered as 24.8 by PR588749 ppc 20Dec16]

    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.

24.9 Annual close-down

[24.6 renumbered as 24.7 by PR583007;renumbered as 24.9 by PR588749 ppc 20Dec16]

    (a) Where an employer intends temporarily to close (or reduce to nucleus) the place of employment or a section of it for the purpose,among others,of allowing annual leave to the employees concerned or a majority of them,the employer may give those employees one month’s notice in writing of an intention to apply the provisions of this clause. In the case of any employee engaged after notice has been given,notice must be given to that employee on the date of their engagement.

[24.6(b) substituted by PR546338 ppc 24Jan14]

    (b) Where an employee has been given notice pursuant to clause 24.9(a) and the employee has:

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

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

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

[24.6(c) substituted by PR546338 ppc 24Jan14]

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

24.10 Cashing out of annual leave

[24.8 inserted by PR583007 ppc 29Jul16;renumbered as 24.10 by PR588749 ppc 20Dec16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.10.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.10.

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

    (d) An agreement under clause 24.10 must state:

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

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

    (e) An agreement under clause 24.10 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

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

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

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

    (i) The employer must keep a copy of any agreement under clause 24.10 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 24.10.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.10.

    Note 3:An example of the type of agreement required by clause 24.10 is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H.

25. Personal/carer’s leave and compassionate leave

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

26. Community service leave

Community service leave is provided for in the NES.

27. Public holidays

27.1 Public holidays are provided for in the NES.

27.2 Substitution of certain public holidays by agreement in the workplace

    (a) By agreement between the employer and the majority of employees in the workplace or part of the workplace concerned,an alternative day may be taken as the public holiday instead of any of the prescribed days.

    (b) An employer and an individual employee may agree to the employee taking another day as the public holiday instead of the day which is being observed as the public holiday in the workplace or part of the workplace concerned.

Schedule A—Transitional Provisions

[Varied by PR503702]

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 PR503702 ppc 01Jan11]

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

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

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

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

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

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

Schedule B—Classification Structure

B.1 Introductory level

This is an entry level position.

An employee at this level is undertaking training for a period of not more than three months which may include information on the workplace,conditions of employment,introduction to supervisors and fellow workers,training and career path opportunities,workplace layout,work and documentation procedures,occupational health and safety,equal employment opportunity and quality control/assurances.

An employee at this level performs routine duties essentially of a manual nature and to the level of their training:

    (a) performs general labouring and cleaning duties;

    (b) exercises minimal judgment;

    (c) works under direct supervision;

    (d) undertakes training so as to enable them to work at Level 1;and

    (e) assists on trade works and routine landscape tasks.

B.2 Level 1

An employee at this level performs simple or routine tasks essentially of a manual nature and to the level of their training:

    (a) exercises minimal skills,knowledge and decision-making;

    (b) works under direct supervision,and is given regular direction or guidance and results are constantly monitored;and

    (c) undertakes general gardening/landscaping duties.

B.3 Level 2

An employee at this level performs work above and beyond the skills of an employee at Level 1 and to the level of their skills,competence and training:

    (a) works in accordance with standard operating procedures and established criteria;

    (b) works under direct supervision either individually or in a team environment;

    (c) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

    (d) understands and utilises basic statistical process control procedures;

    (e) follows safe work practices and can report workplace hazards;and

    (f) uses,and performs routine maintenance on,gardening tools and equipment.

B.4 Level 3

An employee at this level will have completed a course in horticulture at a recognised training institution and performs work above and beyond the skills of an employee at Level 2 and to the level of their skills,competence and training:

    (a) is responsible for the quality of their own work subject to routine supervision;

    (b) works under routine supervision either individually or in a team environment;

    (c) exercises discretion within their level of skills and training;

    (d) assists in the provision of on-the-job training;and

    (e) is experienced in gardening work and has demonstrated competence in plant and lawn maintenance and development,tree and shrub identification and the use and care of lawn mowers,edging machines and rotary hoes.

B.5 Level 4

B.5.1 An employee at this level will have:

    (a) completed a satisfactory period of apprenticeship in horticulture and possesses a recognised trade qualification;

    (b) completed a Parks and Gardens Certificate III,a Landscaping Certificate III,a Greenkeeping Certificate III or equivalent;or

    (c) not less than three years’experience in practical horticulture and possesses the skills,knowledge and experience to perform work within the scope of this level.

B.5.2 An employee at this level performs work above and beyond a Level 3 employee and to the level of their skills,competence and training:

    (a) understands and applies quality control techniques;

    (b) exercises good interpersonal and communications skills;

    (c) exercises discretion within the scope of this classification level;

    (d) performs work under limited supervision either individually or in a team environment;

    (e) performs work which while primarily involving the skills of the employee’s trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;and

    (f) is able to inspect products and/or materials for conformity with established operational standards.

B.6 Level 5

B.6.1 An employee at this level:

    (a) is a trades qualified person who has completed relevant post trade training at Certificate IV or Diploma level from a recognised Registered Training Organisation;or

    (b) holds a trade certificate and/or possesses the skills,knowledge and experience to perform work within the scope of this level.

B.6.2 An employee at this level performs work above and beyond a Level 4 employee,and to the level of their skills,competence and training:

    (a) works from complex instructions and procedures;

    (b) assists in the provision of on-the-job training;

    (c) co-ordinates work in a team environment or works individually under general supervision;and

    (d) is responsible for assuring the quality of their own work.

B.6.3 An employee at this level may be in charge of gardens,engaged in maintenance and/or development of suburban areas,parks,gardens and specialised horticultural construction work.

Schedule C—Supported Wage System

[Varied by PR998748,PR510670,PR525068,PR537893,PR542221,PR551831,PR568050,PR581528, PR592689]

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

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

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

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

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

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

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

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

C.3 Eligibility criteria

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

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

C.4 Supported wage rates

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

    Assessed capacity (clause C.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

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

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

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

C.5 Assessment of capacity

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

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

C.6 Lodgement of SWS wage assessment agreement

[C.6.1 varied by PR542221 ppc 04Dec13]

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

[C.6.2 varied by PR542221 ppc 04Dec13]

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

C.7 Review of assessment

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

C.8 Other terms and conditions of employment

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

C.9 Workplace adjustment

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

C.10 Trial period

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

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

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

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

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

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

Schedule D—School-based Apprentices

[Varied by PR544224]

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

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

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

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

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

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

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

[D.8 substituted by PR544224 ppc 01Jan14]

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

[D.9 substituted by PR544224 ppc 01Jan14]

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

[D.10 substituted by PR544224 ppc 01Jan14]

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

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

Schedule E—National Training Wage

[Schedule E varied by PR998001,PR509132,PR522963,PR536766,PR545787,PR551689,PR566781,PR579888;deleted by PR593875 ppc 01Jul17]

Schedule F—2017 Part-day Public Holidays

[Sched F inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110 ppc 04Dec17]

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

F.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2017) or New Year’s Even (31 December 2017) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

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

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

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

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

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

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

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

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

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

Schedule G—Agreement to Annual Leave in Advance

[Sched G inserted by PR583007 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer
representative:________________________________________

Signature of employer
representative:________________________________________

Date signed:___/___/20___

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

I agree that:

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

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule H—Agreement to Cash Out Annual Leave

[Sched H inserted by PR583007 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer
representative:________________________________________

Signature of employer
representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

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

[Sched I inserted by PR584106 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:
MA000101
Title:
Gardening and Landscaping Services Award 2010
Effective:
4 Dec 2017
Updated:
4 Dec 2017
Instrument Type:
Modern Award
(27)
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
Gardening and Landscaping Services Award 2010
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(1)
2 Sep 2016
(27)
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