Supported Employment Services Award 2010

Supported Employment 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;AM2014/286;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8;AM2016/15;AM2016/17;AM2016/8

Table of Contents

[Varied by PR994843;PR529171,PR532630,PR544519,PR546288,PR557581,PR573679,PR583085,PR584161,PR596711,PR597498]

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. Payment of wages

19. Superannuation

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work and rostering

21. Overtime and penalty rates

Part 6—Leave and Public Holidays

22. Annual leave

23. Personal/carer’s leave and compassionate leave

24. Community service leave

25. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classifications

Schedule C—National Training Wage

Schedule D—Supported Wage System

Schedule E—2017 Part-day Public Holidays

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

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

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Supported Employment Services Award 2010.

2. Commencement and transitional

[2 substituted by PR994843 ppc 15Mar10;varied by PR542223]

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 PR542223 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 PR542223 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 PR542223 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 PR997775,PR503698]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

    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 Division 2B State award inserted by PR503698 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 PR503698 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 PR997775 from 01Jan10]

    employee means national system employee within the meaning of the Act and includes an employee with a disability

    employee with a disability means a national system employee who qualifies for a disability support pension as set out in sections 94 or 95 of the Social Security Act 1991 (Cth),or who would be so qualified but for paragraph 94(1)(e) or paragraph 95(1)(c) of that Act

[Definition of employer substituted by PR997775 from 01Jan10]

    employer means national system employer within the meaning of the Act and includes a supported employment service

    enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (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 Grade 5 (trade qualified) employee in clause 14.2

    supported employment services means a service as defined in section 7 of the Disability Services Act 1986 (Cth)

    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 who operate supported employment services and their employees working in the classifications listed in Schedule B—Classifications to the exclusion of any other modern award. The award does not cover employers in respect of other activities that are covered by the awards referred to below or their employees engaged in or in connection with those other activities:

    (a) Aged Care Award 2010;

    (b) Health Professionals and Support Services Award 2010;or

    (c) Social,Community,Home Care and Disability Services Industry Award 2010.

4.2 The award does not cover employees who hold executive and management positions not covered by the classification structure contained within this award.

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

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

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

4.6 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.

4.7 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 PR542223]

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 PR542223 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 PR542223 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,or if the employee is usually represented by a parent or guardian,by 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 PR542223 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 PR542223 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 PR542223 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 PR542223 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) Employers 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) Employers 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 PR542223]

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 PR542223 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 PR542223 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 PR542223 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

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

    (a) full-time employees;

    (b) part-time employees;or

    (c) casual employees.

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

10.3 Full-time employees

    For the purpose of this award a full-time employee will be a permanent employee engaged to work an average of 38 ordinary hours per week over a roster cycle.

10.4 Part-time employees

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

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

      (ii) has reasonably predictable hours of work;and

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

    (b) When determining what is reasonably predictable for an employee with a disability,the nature of the employee’s disability and other relevant personal circumstances are to be taken into account.

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

    (d) Subject to clause 21.5,all time worked in excess of the hours as mutually arranged will be paid overtime at the rates as prescribed in clause 21Overtime and penalty rates.

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

    (f) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work,specifying at least the hours worked each day,which days of the week the employee will work and the actual starting and finishing times each day. The employer and the employee may agree from time to time to vary this regular pattern of work,but any variation agreement must be recorded in writing.

10.5 Casual employees

    (a) A casual employee is an employee engaged as such on an hourly basis other than a part-time or full-time employee.

    (b) A casual employee will be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed,plus an additional loading of 25% of the hourly rate. The casual loading will be instead of any entitlement of annual leave and personal/carer’s leave and paid public holidays (not worked). All other payments such as shift penalties,overtime etc will be paid in addition to the loaded rate. The casual loading will also form part of the employee’s ordinary rate of pay for the purpose of superannuation.

    (c) On each occasion a casual employee is required to attend work they are entitled to a minimum payment 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 PR503698,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 PR503698;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503698;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. Payment of wages

19. Superannuation

13. Classifications

13.1 The definitions of the classification levels in clause 14Minimum wages are contained in Schedule B—Classifications.

14. Minimum wages

[Varied by PR998003,PR509134,PR522965;PR529171,PR536768,PR551691,PR568011,PR566783,PR579890,PR592204,PR593877]

14.1 Upon appointment,an employee will be graded by the employer in one of the grades in Schedule B—Classifications having regard to the employee’s skills,experience and qualifications.

[14.2 varied by PR998003,PR509134,PR522965,PR536768,PR551691,PR566783,PR579890,PR592204 ppc 01Jul17]

14.2 Subject to clauses 14.3,14.4 and 14.5 the following minimum rates of pay will apply for the grades set out below:

    Grade

    Weekly rate

    $

    Hourly rate

    $

    Grade 1

    694.90

    18.29

    Grade 2

    714.90

    18.81

    Grade 3

    742.30

    19.53

    Grade 4

    767.80

    20.21

    Grade 5

    809.10

    21.29

    Grade 6

    882.80

    23.23

    Grade 7

    918.50

    24.17

    NOTE:For the purpose of this award,the hourly rate for all employees will be calculated by dividing the weekly rate by 38,then rounded to the nearest cent.

14.3 National training wage

[14.3 substituted by PR593877 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 Supported Employment Services Award 2010 and not the Miscellaneous Award 2010.

14.4 Wage assessment—employees with a disability

    (a) An employee with a disability will be paid such percentage of the rate of pay of the relevant grade in clause 14.2 as assessed under an approved wage assessment tool chosen by a supported employment service.

    (b) For the purposes of this clause,an approved wage assessment tool means and is limited to:

      (i) the Supported Wage System;

      [14.4(b)(ii) deleted by PR568011 ppc 05Jun15]

      (ii) [the Business Services Wage Assessment Tool—deleted];

      (iii) the Civic Industries Supported Employees Wage Assessment Tool;

      (iv) the Elouera Association Wage Assessment Tool;

      (v) the FWS Wage Assessment Tool;*

      (vi) the Greenacres Association Competency Based Wages System;

      (vii) the Hunter Contracts Wage Assessment Tool;*

      (viii) the Phoenix Wage Assessment Tool;*

      (ix) the PHT Wage Assessment Tool;

      (x) the Skillsmaster Wage Assessment Tool;

      (xi) the Yumaro Wage Assessment Tool;

      (xii) the Woorinyan Wage Assessment Tool;

      (xiii) the RVIB Enterprises Wage Assessment Tool;

      (xiv) the Koomarri Competency Based Wages System;

      (xv) the Valmar Support Services Wage System;

      (xvi) the Sunnyfield Association Wage Assessment Tool;

      (xvii) the New Horizons Wage Assessment Tool;

      (xviii) the Cumberland Industries Wage Assessment Tool;

      (xix) the Endeavour Wage Assessment Tool;*

      (xx) the Wangarang Industries Wage Assessment Tool;

      (xxi) the Bedford Employee Wage Assessment Tool;

      (xxii) the Blue Mountains Employment Services Wage Assessment Tool;*

      (xxiii) the Ability Options Wage Assessment Tool;

      (xxiv) the Blueline Laundry Inc Wage Assessment Tool;

      (xxv) the Caloola Vocational Services Inc Wage Assessment Tool;

      (xxvi) the GDP Industries Wage Assessment Tool;

      (xxvii) the Kurri Contracting Service Wage Assessment Tool;

      (xxviii) the Mai-Wel Group Wage Assessment Tool;

      (xxix) the Merriwa Industries Limited Wage Assessment Tool;and

      (xxx) the Waverley Helpmates Wage Assessment Tool.

      * Wage Assessment Tools restricted to those specific organisations unless an employer was using that tool on or before 27 June 2005.

[14.4(c) substituted by PR529171 ppc 27Sep12]

    (c) The Supported Wage System is at Schedule D.

    (d) Wage assessment tools clauses 14.4(b)(i) to (xxii) are described in the Final Report dated 12 April 2006 prepared for the Department of Families,Housing,Community Services and Indigenous Affairs,entitled Analysis of Wage Assessment Tools used by Business Services.

    (e) Wage assessment tools clauses 14.4(b)(xxiii) to (xxx) are described in the Final Report dated 18 October 2007 prepared for the Department of Families,Housing,Community Services and Indigenous Affairs,entitled Analysis of Wage Assessment Tools used by Business Services.

    (f) No decrease—regression of disability

      An employee with a disability will not have their rate of pay reduced as a result of a wage assessment made pursuant to clause 14.4(a). This clause does not cover the circumstance where the wage of an employee with a disability may need to be reduced due to the regression of the employee’s disability. However,a wage assessment that determines a lower percentage than an earlier wage assessment of the employee against the same duties is of no effect unless the reduction in percentage is solely due to the regression of the employee’s disability. Before the wage of an employee may be reduced the employer must exhaust all reasonable training options and options to allocate the employee new tasks to avoid the regression. Where regression of wages is provided for in the wage assessment tool against which the employee was assessed,regression may only occur in accordance with the method provided for in that tool.

    (g) Review of assessment

      For the purpose of clause 14.4(a):

      (i) unless otherwise provided under the relevant wage assessment tool,the wage assessment of each employee with a disability will be reviewed within a period not exceeding three years’service with the supported employment service since the last assessment,and the rate of pay adjusted accordingly;and

      (ii) unless otherwise provided under the relevant wage assessment tool,a wage assessment may be reviewed at the initiative of either the employee with a disability or the supported employment service,once every six months and not more than four times every three years,and the rate of pay adjusted accordingly.

    (h) Documentation of assessment

      Any assessment made under clause 14.4(a) must be documented by the supported employment service and a copy provided to the employee with a disability,and,if requested,to the employee’s authorised representative.

14.5 Higher duties

    Employees will be paid at a higher grade if carrying out the duties of a higher grade for two or more hours in any shift. They will be paid at the higher grade for the time so worked. This clause will not apply whilst an employee is carrying out work in a higher grade for training purposes only.

14.6 Transitional arrangement

[14.6 inserted by PR568011 ppc 05Jun15]

    (a) The Business Services Wage Assessment Tool is no longer an approved wage assessment tool for the purpose of this clause. Continued use of the Business Services Wage Assessment tool under this clause is only permissible in terms of this transitional arrangement.

    (b) A supported employment service that is using the Business Services Wage Assessment Tool may continue to use the Business Services Wage Assessment tool:

      (i) until 31 October 2015 provided that within 1 month of the date of this variation the supported employment service indicates in writing to the Fair Work Commission its decision to transition to another approved wage assessment tool and the name of the tool it intends to transition to;and

      (ii) for a further transitional period not extending past close of business,Monday 29 February 2016 granted by the Fair Work Commission following application in writing by the supported employment service.

15. Allowances

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

[Varied by PR994843,PR998124,PR509255,PR523085,PR536888,PR551811,PR566912,PR579609,PR592357]

15.1 Use of vehicle

[15.1 varied by PR523085,PR536888, PR551811 ppc 01Jul14]

    An employee required to use their own vehicle during working hours will be paid $0.78 per kilometre travelled.

15.2 First aid allowance

    An employee who is appointed by the employer as a first aid officer to render first aid assistance in the workplace and who maintains a current senior first aid qualification from St John Ambulance or similar body will be paid an allowance of 2.03% of the standard rate per week.

15.3 Meal allowance

[15.3 varied by PR998124,PR509255,PR523085,PR536888, PR551811,PR566912,PR592357 ppc 01Jul17]

    Where an employee is entitled to a meal allowance in accordance with clause 21.4,the employee will be paid $10.67 per meal.

15.4 Laundry allowance

    An employee required to perform work determined by the leading hand or supervisor to be of a dirty nature will be paid an allowance of $0.70 per day unless the employer provides and launders a uniform at no cost to the employee.

15.5 Special and protective clothing

    Where it is necessary that an employee wear special and/or protective clothing,the employer must reimburse the employee for the cost of purchasing such clothing. The provisions of this clause do not apply where the special clothing is supplied without cost to the employee. Where the employer provides the special clothing it will remain the property of the employer.

15.6 Toilet cleaning allowance

[15.6 inserted by PR994843 ppc 15Mar10]

    An employee engaged for the major portion of a day or shift in cleaning toilets will be paid an allowance of 1.615% of the standard rate per week or 0.329% of the standard rate per shift.

15.7 Leading hand allowance

[15.6 renumbered as 15.7 by PR994843 ppc 15Mar10]

    Leading hands classified at Grade 4 or below are entitled to an all-purpose allowance according to the following table:

    In charge of

    % of standard rate per week

    Not less than 3 employees and not more than 10 employees

    4.52

    More than 10 employees and not more than 20 employees

    6.76

    More than 20 employees

    8.58

15.8 Adjustment of expense related allowances

[15.7 renumbered as 15.8 by PR994843 ppc 15Mar10]

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

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

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

    Laundry allowance

    Clothing and footwear group

    Vehicle allowance

    Private motoring sub-group

   

16. District allowances

[16 deleted by PR561478 ppc 05Mar15]

17. Accident pay

[Varied by PR503698;17 deleted by PR561478 ppc 05Mar15]

18. Payment of wages

[Varied by PR588654]

18.1 Wages will be paid weekly or fortnightly,or,by agreement between the employer and the majority of employees,monthly.

18.2 Payment will be made in cash,by cheque or by electronic funds transfer,as determined by the employer,into the bank or financial institution account nominated by the employee.

18.3 Overtime will be paid not later than the pay day next succeeding the week in which the overtime has been worked.

18.4 Where an employee is discharged from employment the employee will be paid immediately for all wages,overtime,pro rata payment for annual leave,annual leave loading or any remuneration due. Payment may be made by cash,cheque or electronic funds transfer at the discretion of the employer.

18.5 Where an employee lawfully leaves their employment they will be paid all monies due at the time of leaving. Payment may be made by cash,cheque or electronic funds transfer at the discretion of the employer.

[18.6 substituted by PR588654 ppc 16Dec16]

18.6 Where an employee is paid by cash or cheque,in the event of there being any delay in the making of any payment mentioned in this clause,other than a delay beyond the direct control of the employer,an employee will be paid at ordinary rates for all time the employee is kept waiting at the workplace for payment.

18.7 Composite rates

    (a) As an alternative to an employee’s wages being calculated and paid on a weekly or fortnightly basis,agreement may be reached between an employee and the employer that the employee can be paid a composite annual salary which properly remunerates the employee in accordance with the award for work performed over an agreed roster cycle. In such cases the composite annual salary will be calculated to ensure that such salary paid over the year is sufficient to cover what the employee would have been entitled to if all award overtime and penalty rate obligations have been complied with. The employee is entitled to be represented in discussions with the employer by a registered organisation,or by the employee’s parent or guardian.

    (b) However,in the event of termination of employment prior to completion of a year,the salary paid during such period of employment,must be sufficient to cover what the employee would have been entitled to if all award overtime and penalty rate payment obligations had been complied with.

    (c) Where payment is adopted in accordance with this clause,the employer must keep a daily record of the hours worked by an employee which must show the date,start and finish times of the employee for the day. This record will be countersigned weekly by the employee (or their parent or guardian) and must be kept at the place of employment for a period of at least seven years.

19. Superannuation

19.1 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.

19.2 Employer contributions

    Subject to clause 19.5 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.

19.3 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 19.2.

    (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 19.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or (b) was made.

19.4 Superannuation fund

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or (b) to one of the following superannuation funds or its successor:

    (a) AustralianSuper;or

    (b) 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.

19.5 Employees with disabilities

    Where an employee with a disability is being paid less than $450 per month in accordance with clause 14.4,contributions for such employees will be either 3% of their ordinary time earnings or $6.00 per week whichever is the greater.

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work and rostering

21. Overtime and penalty rates

20. Ordinary hours of work and rostering

20.1 The ordinary hours of work will be worked in not more than five consecutive shifts of not more than eight hours or,by agreement with the employee,10 consecutive hours,and will not exceed 38 hours per week or an average of 38 hours per week over an agreed roster cycle.

20.2 Subject to clause 21Overtime and penalty rates,ordinary time will be worked between the hours of 6.00 am and 6.00 pm Monday to Sunday.

20.3 Where work is carried out on weekends,payment will be at time and half on Saturdays and double time on Sundays,other than for employees engaged on catering services who will be paid at the rate of time and three quarters on Sunday.

20.4 An employee who works their ordinary hours in a shift which finishes after 6.00 pm and at or before 12.00 midnight Monday to Friday,will be paid 15% more than their ordinary rate for the whole shift.

20.5 By agreement between an employer and an employee,an employee who works their hours in a rotating roster shift which finishes after 12.00 midnight and at or before 8.00 am Monday to Friday,will be paid for the whole shift 30% more than their ordinary rate.

20.6 The actual starting and finishing time will be determined by the employer.

20.7 Meal and tea breaks

    All employees will be allowed at least 30 minutes unpaid lunch break not later than five hours after the commencement of work unless otherwise agreed between the employer and employee. An employee will not be required to work for more than five hours without a meal break of 30 minutes. All employees will receive one paid tea break of 15 minutes in the morning.

20.8 Rosters

    The employer will notify all permanent employees of their roster upon commencement with the employer. Rosters can only be changed by the employer by giving employees at least seven days’notice,except in the case of emergency where the employer will have the right to alter rosters immediately.

21. Overtime and penalty rates

[Varied by PR584161]

21.1 Subject to clause 21.7 all time worked outside the ordinary hours of work will be overtime and will be paid for at the rate of time and a half for the first two hours and double time thereafter. Overtime at the rate of double time will be paid for all time worked after 12.00 noon on a Saturday where such time is not part of an employee’s ordinary shift and all day Sunday.

21.2 In computing overtime,each day’s work will stand alone.

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

21.4 An employee working overtime will be provided with a half hour for meal break and a suitable meal or be paid a meal allowance in any of the following circumstances:

    (a) when required to work beyond 6.00 pm;or

    (b) if overtime continues beyond 10.00 pm.

21.5 Where an employee’s ordinary hours of work are less than 38 per week,by agreement between that employee and the employer,an employee may work and be paid at ordinary time up to two hours beyond their normal finishing time. In any case,an employee will not be required to work more than 10 hours in any one day nor more than 38 hours in any one week without the payment of overtime. For the purposes of this clause week means Monday to Friday inclusive.

21.6 In computing overtime,calculation will be made to the nearest five minutes.

21.7 Time off instead of payment for overtime

[21.7 substituted by PR584161 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 21.7.

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

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

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

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

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

      Note:An example of the type of agreement required by this clause is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 21.7 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 21.7 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 21.7 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 21.7 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 21.7 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 21.7 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 21.7.

Part 6—Leave and Public Holidays

22. Annual leave

23. Personal/carer’s leave and compassionate leave

24. Community service leave

25. Public holidays

22. Annual leave

[Varied by PR583085]

22.1 Leave entitlement

    (a) Annual leave is provided for in the NES. It does not apply to casual employees.

    (b) For the purposes of the additional leave provided by the NES,a shiftworker is an employee who is regularly rostered to work their ordinary hours on a Saturday and/or Sunday (that is,not less than 10 in any 12 month period).

22.2 Payment for annual leave

    (a) The NES prescribes the basis for payment of annual leave,including payments for untaken leave upon termination of employment.

    (b) In addition to the payment provided for in the NES,an employer is required to pay an additional leave loading of 17.5% of that payment.

22.3 Close-down

[22.3 renamed and substituted by PR583085 ppc 29Jul16]

    An employer may require an employee to take annual leave as part of a close-down of its operations,by giving at least four weeks’notice.

22.4 Excessive leave accruals:general provision

[22.4 inserted by PR583085 ppc 29Jul16]

    Note:Clauses 22.4 to 22.6 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 22.1(b)

    (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 22.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

    (d) Clause 22.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[22.5 inserted by PR583085 ppc 29Jul16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 22.4(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 22.4,22.5 or 22.6 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 22.5(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.

22.6 Excessive leave accruals:request by employee for leave

[22.6 inserted by PR583085 ppc 29Jul16;substituted by PR583085 ppc 29Jul17]

    (a) If an employee has genuinely tried to reach agreement with an employer under clause 22.4(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.

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

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

      (ii) the employee has not been given a direction under clause 22.5(a) that,when any other paid annual leave arrangements (whether made under clause 22.4,22.5 or 22.6 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

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

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.4,22.5 or 22.6 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.

    (d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 22.1(b)) in any period of 12 months.

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

22.7 Annual leave in advance

[22.7 inserted by PR583085 ppc 29Jul16]

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

    (b) An agreement must:

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

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

      Note:An example of the type of agreement required by clause 22.7 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.

    (c) The employer must keep a copy of any agreement under clause 22.7 as an employee record.

    (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.7,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

22.8 Cashing out of annual leave

[22.8 inserted by PR583085 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.8.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.8.

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

    (d) An agreement under clause 22.8 must state:

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

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

    (e) An agreement under clause 22.8 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

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

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

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

    (i) The employer must keep a copy of any agreement under clause 22.8 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 22.8.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.8.

    Note 3:An example of the type of agreement required by clause 22.8 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

23. Personal/carer’s leave and compassionate leave

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

24. Community service leave

Community service leave is provided for in the NES.

25. Public holidays

25.1 Public holidays are provided for in the NES.

25.2 A full-time or part-time employee who works on a public holiday will be paid at the rate of double time and a half.

25.3 An employee,other than a casual employee,who works on Christmas Day,New Years Day,or both,will be paid at the appropriate holiday rate as provided in clause 25.2 and if such an employee also works on the substitute day or days,they will be paid at ordinary rates for work on this day or these days.

25.4 In addition to the benefit conferred by clause 25.2,an employee who works on Christmas Day or New Years Day will either be allowed a substitute holiday at a time convenient to the employer or receive an extra day’s wages at ordinary rates.

25.5 Clauses 25.3 and 25.4 override any other provisions of this award with which they are inconsistent.

Schedule A—Transitional Provisions

[Sched A inserted by PR994843 ppc 15Mar10;varied by PR503698]

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 PR503698 ppc 01Jan11]

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

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

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

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

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

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

Schedule B—Classifications

[Sched A renumbered as Sched B and substituted by PR994843 ppc 15Mar10;varied by PR529171]

B.1 Grade 1

B.1.1 An employee engaged in this grade will undertake up to 38 hours induction training which may include information on the employer’s business,conditions of employment,introduction to supervisors and fellow employees,training and career path opportunities,worksite layout,work and documentation procedures,occupational health and safety,equal employment opportunity and quality control/assurances.

[B.1.2 varied by PR529171 ppc 27Sep12]

B.1.2 An employee at this level performs basic routine duties essentially of a manual nature and to their level of training. Persons at this level exercise minimal judgment and work under direct supervision whilst undergoing structured training to Grade 2.

B.1.3 Examples of duties at this grade include basic cleaning within a kitchen or food preparation area including cleaning of dishes,tins and utensils,labouring,sorting,packing,labelling,clipping,document preparation and routine basic assembly tasks and basic picking,pruning and cultivation activities.

B.1.4 Art Union seller

    This grade applies to Art Union sellers whose performance is at or near the minimum agreed level.

B.2 Grade 2

B.2.1 An employee who has completed at least three months’structured training so as to enable them to perform work within the scope of this level.

B.2.2 An employee at this level:

    (a) performs work above and beyond the skills of an employee at Grade 1 and to the level of their training;

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

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

B.2.3 Indicative of the tasks which an employee at this level may perform are the following:

    (a) Engineering

      ●repetition work on automatic,semiautomatic or single purpose machines or equipment;

      ●assembles components using basic written,spoken and/or diagrammatic instructions in an assembly environment;

      ●uses selected hand tools;

      ●boiler cleaning;and/or

      ●uses hand trolleys and pallet trucks.

    (b) Microfilm

      ●document copying;

      ●microfilm/scanner operator basic;and/or

      ●packaging,labelling and collating.

    (c) Catering

      ●assistance to employees who are cooking and performing delivery tasks;

      ●removing food plates;

      ●setting and/or wiping down tables;

      ●cleaning and tidying of associated areas;

      ●general clearing duties within a kitchen or food preparation area and scullery;and/or

      ●assembly and preparation of ingredients for cooking.

    (d) Leather and canvas goods and sewing

      ●repetition sewing work on automatic,semiautomatic or single purpose machines (including basic operation of sewing machines) requiring some discretion with respect to kind,quantity,pressure,temperature or running speed;

      ●rudimentary marking and hand cutting;

      ●gluing (making basic eyelets) of small items;

      ●manufactures components and/or assembles to finished product;

      ●die cutting using clicking press on canvas material within the scope of this grade;and/or

      ●sorting,checking and packing.

    (e) Clerical support

      ●clerical or routine office duties including basic typing,checking figures,matching documents,simple calculating,collating,sorting or filing,photocopying and handling of mail;and/or

      ●cashier and banking functions under direct supervision.

    (f) Timberwork

      ●labouring;

      ●repetition work on automatic,semi-automatic or single purpose machines or equipment;

      ●sorting;

      ●packing;

      ●undercoat painting;and/or

      ●assembly.

    (g) Gardening

      ●basic grounds and lawn maintenance,including use of lawn-mower and whipper snipper;

      ●re-potting;and/or

      ●basic labouring.

    (h) Laundries

      ●labouring (manual handling);

      ●folding;and/or

      ●loading.

    (i) Specialist packaging

      ●sorting (manual);

      ●labelling;

      ●folding;

      ●stacking;

      ●use of hand trolleys,pallet trucks;

      ●taping;

      ●heat sealing;

      ●stapling

      ●filling;and/or

      ●check weighing.

    (j) Printing/Bookbinding

      ●labouring;

      ●sorting;

      ●labelling;

      ●packaging;

      ●gluing (manual);and/or

      ●assembly.

    (k) Foam and plastic

      ●reception work on automatic,semiautomatic or single purpose machine or equipment;

      ●maintaining records;

      ●performing basic test functions,with an ability to measure accurately using gauges and meters;

      ●operate hand-operated transport and lifting devices;

      ●operate granulating,reclaiming,crumbling and shedding machines;

      ●trimming,cutting,gluing,sealing,assembling or wrapping finished goods;

      ●operate slitting and/or setting machines;

      ●operate automatic and manual press machines;

      ●repair airbags,belts and cables,fit terminals and cables;and/or

      ●operate machinery that requires basic set-up skills.

    (l) Horticulture and related activities

      ●operation of powered tools including picking and harvesting equipment not requiring a license;

      ●operation of irrigation of spraying equipment;

      ●operating tractors with engine capacity up to 70kW;

      ●grading,sorting and packing;and/or

      ●may be required to make sales from a restricted range of products.

    (m) Commercial biscuit and pastry making

      ●biscuit forming machine operator able to set up,control and efficiently operate and maintain the web on at least one production plant;

      ●assists and periodically relieves mixer;

      ●general hand and line hand duties involving loading,unloading and handling ingredients and semi-processed ingredients,cleaning or washing utensils or equipment;

      ●weighing,checking,gauging product,packed products or packaging materials;and/or

      ●packing product for despatch.

[B.2.3(n) varied by PR529171 ppc 27Sep12]

    (n) Recycling

      ●general labouring;

      ●sorting;

      ●loading bailing and strapping equipment;and/or

      ●shredding.

B.2.4 Art Union seller

    This grade applies to Art Union sellers whose performance during two consecutive Art Unions has met the enhanced performance levels of this grade.

B.3 Grade 3

B.3.1 An employee who has completed relevant training so as to enable the employee to perform work within the scope of this level.

B.3.2 An employee at this level:

    (a) performs work above and beyond the skills of an employee at Grade 2 and to the level of their training;

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

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

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

B.3.3 Indicative of the tasks which an employee at this level may perform are the following:

    (a) Engineering

      ●operates machinery and equipment requiring the exercise of skills and knowledge beyond that of an employee at Grade 2;

      ●non-trade engineering skills;

      ●sorting,checking,packing (other than repetitive packing in a standard container or containers in which such goods are ordinarily sold);

      ●basic soldering techniques;

      ●operation of forklifts,roving pendant type overhead cranes and winch operation;

      ●assists one or more tradespersons;

      ●third class machinist and/or welding operation,drilling/tapping machine operators;and/or

      ●rewind machine operators.

    (b) Catering

      ●specialised non-cooking duties in a kitchen or food preparation area;and/or

      ●elementary cooking including finger and take-away food.

    (c) Leather and canvas goods and sewing

      ●operates machinery and equipment requiring the exercise of skill,knowledge and judgment in the layout of product beyond that of an employee at Grade 2;

      ●operates heavy duty and special duty application sewing machines including bias binders;

      ●ability to perform basic machine setting skills and control adjustments;

      ●assists one or more tradespersons;and/or

      ●die cutting using click press on canvas material with discretion,within the scope of this grade.

    (d) Microfilm

      ●microfilm camera operator;

      ●microfilm jacketing;and/or

      ●dark room operators.

    (e) Clerical support

      ●general clerical or office duties within a regular work routine such as typing,operates a switchboard and basic data entry;and/or

      ●receiving,despatching,documenting and recording of goods.

    (f) Timberwork

      ●nail gun work;

      ●sewing (manual);

      ●cutting (manual);

      ●painting;and/or

      ●more complex assembly.

    (g) Gardening

      ●propagation and gardening;

      ●uses self-drive lawn-mowers;and/or

      ●landscaping.

    (h) Laundries

      ●laundering (other than labouring);

      ●sealing;

      ●stamping;and/or

      ●basic machine operation.

    (i) Specialist packaging

      ●more complex packaging blister packaging,shrink wrapping,flow wrapping,skin packing,pallet wrapping (including weighing and measuring);

      ●operation of more complex machinery;and/or

      ●operation of forklifts.

    (j) Printing/bookbinding

      ●strapping;

      ●stores assistant;

      ●basic machine operation;

      ●manual guillotine work;

      ●use of gluing machines;and/or

      ●more complex assembly.

    (k) Foam and plastic

      ●operates with flexibility between assembly/process stations;

      ●basic inventory control in the contact of the production process;

      ●basic keyboard skills;

      ●operates mixing and milling machines that require set up and operating skills;

      ●ability to measure accurately using gauges and meters;and/or

      ●operation of mobile equipment including forklifts,hand trolleys and pallet trucks.

    (l) Cleaning

      ●vacuuming and spot cleaning of carpets and soft furnishings;

      ●sweeping and mopping;

      ●toilet cleaning;

      ●rubbish collection;

      ●cleaning of glass,both internal and external;and/or

      ●polishing.

    (m) Commercial biscuit and pastry making

      ●biscuit forming machine operator,able to set up,control and efficiently operate one or more pieces of biscuit forming and ancillary equipment and maintain all webs;and/or

      ●mixing ingredients for dough,batters and icings,melting chocolate and making jellies or syrups.

    (n) Horticulture and related activities

      ●operation of forklifts;powered trolleys;and/or

      ●Box making.

    (o) Recycling

      ●operate bailing and strapping equipment;and/or

      ●operate recycling equipment.

B.4 Grade 4

B.4.1 An employee who has completed relevant training so as to enable the employee to perform work within the scope of this level.

B.4.2 An employee at this level:

    (a) performs work above and beyond the skills of an employee at Grade 3 and to the level of their training;

    (b) works from complex instructions and procedures;

    (c) assists in the provision of on-the-job training to a limited degree;

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

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

B.4.3 Indicative of the tasks which an employee at this level may perform are the following:

    (a) Engineering

      ●uses precision measuring instruments;

      ●some machine setting,loading and operation;

      ●use of tools and equipment within the scope (basic non-trades maintenance);

      ●general welding to as 1554 standard at basic level;

      ●second class machinist operators;

      ●paint line operator;

      ●basic engineering and fault finding skills;

      ●performs basic quality checks on the work of others;

      ●licensed and certified for forklift,engine driving and crane driving operations to a level higher than Grade 3;

      ●has a knowledge of the employer’s operation as it relates to production process;

      ●lubrication of production machinery equipment;and/or

      ●assists in the provision of on-the-job training in conjunction with tradespersons and supervisors/trainees.

    (b) Catering

      ●undertaking general waiting duties of food including cleaning of tables with minimum supervision;

      ●assist in cookery class demonstrations;and/or

      ●basic cooking under general supervision.

    (c) Leather and canvas and sewing

      ●cutter who has a knowledge of all types of weights of materials made and used in the trades and who is capable of laying out and cutting all types of material of work and who can mark out and prepare for the machinery and the finish for the work concerned;

      ●lays out,cuts,assembles and repairs canvas and related products such as awnings,tents,tarpaulins,horse rugs and caravan annexes;

      ●lays out full-scale drawings according to blueprints or sketches;

      ●cuts materials with power cutters;

      ●die cutting using clicking press (on leather where the employee is required to exercise discretion as to the kind and quality of material cut);and/or

      ●minor machine maintenance including lubrication of (automatic and semiautomatic) production equipment.

    (d) Clerical and support

      ●clerical duties of audio typing,stenography,complex word processing,spread sheet and basic data processing,desk top publishing,tabulating machine operation,computer operator;and/or

      ●clerical duties under limited supervision.

    (e) Timberwork

      ●complex painting (i.e. use of machines);and/or

      ●complex cutting and sewing (i.e. use of machines).

    (f) Gardening

      ●operates gardening machinery (including the use and care of lawn-mowers,edging machines and rotary hoes);and/or

      ●experienced gardening work and demonstrated competence in plant and lawn maintenance and development,tree and shrub identification.

    (g) Laundries

      ●laundering (includes wide knowledge of machine operations,garment sorting and appropriate use of chemicals);

      ●repair of linen,clothing—general alterations;and/or

      ●basic tailoring.

    (h) Specialist packaging

      ●ordering;

      ●despatching;and/or

      ●inventory/record keeping.

    (i) Printing/bookbinding

      ●low level supervision;

      ●more complex binding;

      ●compactor operation;

      ●quality control (basic);and/or

      ●machine guillotine work.

    (j) Foam and plastic

      ●use precision measuring instruments;

      ●complex machine and die setting,loading,testing and operation;

      ●intermediate keyboard skills;

      ●basic engineering and fault finding skills;

      ●supervise and perform operations and calendar,mixing and milling machines;

      ●perform and implement quality control functions;

      ●basic inventory and stores control;and/or

      ●assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainees.

    (k) Cleaning

      ●ordering and distribution of cleaning stores;

      ●minor maintenance duties incidental and/or peripheral to cleaning;

      ●receiving deliveries;

      ●performing specialist cleaning functions for a greater part of each day or shifts;and/or

      ●operate cleaning equipment including steam cleaners.

    (l) Recycling

      ●despatching product;

      ●quality control of recycled stock;

      ●operate and maintain bailing machinery,conveyors and specialised recycling equipment;and/or

      ●operate weighbridge.

    (m) Horticulture and related activities

      ●receiving and despatching.

B.5 Grade 5

B.5.1 An employee at this level may hold a Trade Certificate or equivalent qualifications and is able to exercise the skills and knowledge of that trade.

B.5.2 In the absence of formal qualifications and in non-trade areas,relevant experience may be sufficient to enable an employee to work at this grade.

B.5.3 Indicative skills include the following:

    (a) understands and applies quality control techniques;

    (b) exercises good interpersonal and communications skills;

    (c) exercises discretion within the scope of this grade;

    (d) performs work under limited supervision either individually or in team environment and assists with the supervision of others;

    (e) operates all lifting equipment incidental to their work;

    (f) performs non-trade tasks incidental to their work;

    (g) 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;

    (h) able to inspect products and/or materials for conformity with established operation service standards;

    (i) supervises the work of a section or unit engaged in work of a complex nature;and

    (j) co-ordinates and broadly oversees the work of one or more assistant supervisors/leading hands at Grade 4.

B.5.4 Typical duties may include:

    (a) Engineering

      ●all relevant trade and associated duties.

    (b) Catering

      ●gourmet chef engaged in cooking,baking,pastry cooking or butchering duties;and/or

      ●specialised catering and cookery demonstrator.

    (c) Leather,canvas and sewing clerical support

      ●trade certificate.

    (d) Timberwork

      ●tradesperson (e.g. carpenter/furnisher).

    (e) Gardening

      ●trades certificate;and/or

      ●all relevant trade and associated duties.

    (f) Laundries

      ●dry cleaning;

      ●pressing;and/or

      ●tailoring.

    (g) Specialist packaging

      ●complex machinery and computer operations.

    (h) Printing/bookbinding

      ●tradesperson.

    (i) Foam and plastic

      ●approves and passes first off samples and maintains quality of product;

      ●works from production,drawings,prints or plans;

      ●operates,sets up and adjusts all production machinery in a plant;

      ●performs a range of engineering maintenance functions;

      ●basic production scheduling and material handling within the scope of the production process;

      ●understands and applies computer techniques as they relate to production process operations;

      ●high level stores and inventory responsibility;and/or

      ●has sound knowledge of employer’s operations as it relates to the production process.

    (j) Cleaning

      ●dealing with owners and tenants responsible,with respect to the proper cleaning and servicing of building;

      ●handling routine personnel,industrial relations and health and safety matters;and/or

      ●directly involved in the provision of on-the-job training.

    (k) Welfare officers

      Persons engaged at this level as welfare officers will not be required to possess more than the trade certificate or equivalent qualifications and/or experience.

    (l) Clerical support

      ●advanced clerical duties including administration assistance,the supervision of office personnel and the checking of work;and/or

      ●work under limited supervision,receives limited instructions with little guidance,is regularly required to exercise substantial responsibility and independent initiative and judgment and possesses a requisite knowledge of office procedures.

B.6 Grade 6

B.6.1 An employee who possesses trade qualifications or equivalent experience and skill to be capable of:

    (a) assessing the ability,skill and competence of an employee with a disability to carry out specific work tasks or duties together with being able to design,develop and provide individual instructions and training for an employee with a disability as required to assist the employee with a disability in attaining their identified vocational goals;

    (b) performing specialist tasks and is fully competent in their work,requires general supervision and little direct guidance in the performance thereof,exercises substantial responsibility and independent initiative and judgment with a requisite knowledge of their specific field and of the employer’s business;

    (c) supervising the work of a section or unit engaged in work of a complex nature where trade skills or equivalent are required;

    (d) co-ordinating and broadly overseeing the work of one or more supervisors who are engaged at a lower level;and

    (e) exercising substantial responsibility and independent initiative and judgment with a requisite knowledge of their specific field and of the employer’s business.

B.6.2 Positions typically considered Grade 6 include:

    ●training/instructor;

    ●purchasing officer;

    ●developing officer;

    ●marketing officer;

    ●commis chef;

    ●supervisor/welfare support staff;and/or

    ●senior supervisor.

B.7 Grade 7

B.7.1 An employee who is responsible for the work of other employees. Such an employee will hold a trades certificate or equivalent qualification,experience and skill level and have completed formal training in personnel supervision.

B.7.2 Employees graded at this level may be expected to:

    ●organise,motivate and control subordinate staff;

    ●understand and apply quality control techniques;

    ●exercise good interpersonal and communication skills;and/or

    ●capable of operating all equipment used by subordinates.

B.7.3 Positions typically considered to be at the Grade 7 level include:

    ●senior supervisors—in charge of large and/or complex sections/units;and/or

    ●senior training officers.

Schedule C—National Training Wage

[Sched B renumbered as Sched C by PR994843 ppc 15Mar10;varied by PR998003,PR509134,PR522965,PR536768,PR545787,PR551691,PR566783,PR579890;deleted by PR593877 ppc 01Jul17]

Schedule D—Supported Wage System

[Sched D inserted by PR529171 ppc 27Sep12;varied by PR537893,PR542223,PR551831,PR568050,PR581528,PR592689;substituted by PR596711,PR597498 ppc 08Nov17]

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

D.2 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,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 means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au

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

D.3 Eligibility criteria

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

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

D.4 Supported wage rates

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

   

    Assessed capacity (clause D.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

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

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

D.5 Assessment of capacity

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

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

D.6 Lodgement of SWS wage assessment agreement

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

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

D.7 Review of assessment

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

D.8 Other terms and conditions of employment

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

D.9 Workplace adjustment

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

D.10 Trial period

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

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

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

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

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

Schedule E—2017 Part-day Public Holidays

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

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

E.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 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 E.1(f) applies,where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

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

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

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

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

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR583085 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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

I agree that:

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

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR583085 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

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

[Sched H inserted by PR584161 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:
MA000103
Title:
Supported Employment Services Award 2010
Effective:
4 Dec 2017
Updated:
4 Dec 2017
Instrument Type:
Modern Award
(29)
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
Supported Employment Services Award 2010
(27)
(1)
2 Sep 2016
(27)
1.0.10.0