Table of Contents - MA000107 Salt Industry Award 2010

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. Individual flexibility arrangements

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

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. Payment of wages

18. Annualised salaries

19. Superannuation

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work and rostering

21. Maximum weekly hours

22. Breaks

23. Overtime and penalty rates

24. Rostering

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave and compassionate leave

27. Community service leave

28. Public holidays

29. Leave to deal with Family and Domestic Violence

SCHEDULE A—TRANSITIONAL PROVISIONS
SCHEDULE B—CLASSIFICATION AND STRUCTURE
SCHEDULE C—SUPPORTED WAGE SYSTEM
SCHEDULE D—NATIONAL TRAINING WAGE
SCHEDULE E—SCHOOL-BASED APPRENTICES
SCHEDULE F—2017 PART-DAY PUBLIC HOLIDAYS
SCHEDULE G—AGREEMENT TO TAKE ANNUAL LEAVE IN ADVANCE
SCHEDULE H—AGREEMENT TO CASH OUT ANNUAL LEAVE
SCHEDULE I—AGREEMENT FOR TIME OFF INSTEAD OF PAYMENT FOR OVERTIME
Salt Industry Award 2010

Salt Industry Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 26 October 2018 (PR610141,PR610273).

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

Current review matter(s):AM2014/47;AM2014/88;AM2014/190;AM2014/196;AM2014/197;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8;AM2016/13;AM2016/15;AM2016/17

Table of Contents

[Varied by PR532630,PR544519,PR546288,PR557581,PR573679;PR583071,PR585483,PR609436,PR610273]

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. Individual flexibility arrangements

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

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. Payment of wages

18. Annualised salaries

19. Superannuation

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work and rostering

21. Maximum weekly hours

22. Breaks

23. Overtime and penalty rates

24. Rostering

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave and compassionate leave

27. Community service leave

28. Public holidays

29. Leave to deal with Family and Domestic Violence

Schedule A—Transitional Provisions

Schedule B—Classification and Structure

Schedule C—Supported Wage System

Schedule D—National Training Wage

Schedule E—School-based Apprentices

Schedule F—2017 Part-day Public Holidays

Schedule G—Agreement to Take Annual Leave in Advance

Schedule H—Agreement to Cash Out Annual Leave

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

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

1. Title

This award is the Salt Industry Award 2010.

2. Commencement and transitional

[Varied by PR542227]

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 PR542227 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 PR542227 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 PR542227 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

      (a) on its own initiative;or

      (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

      (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

      (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR997772,PR503685,PR544301,PR546102]

3.1 In this award,unless the contrary intention appears:

      Act means the Fair Work Act 2009 (Cth)

[Definition of adult apprentice inserted by PR544301 ppc 01Jan14]

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

      afternoon shift means any shift finishing after 6.00 pm and at or before midnight

      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)

      base rate of pay has the meaning in the NES

      continuous shiftworker means an employee engaged in a continuous process who is rostered to work regularly on Sundays and public holidays

[Definition of default fund employee inserted by PR546102 ppc 01Jan14]

      default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of defined benefit member inserted by PR546102 ppc 01Jan14]

      defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503685 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 PR503685 ppc 01Jan11]

      Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR997772 from 01Jan10]

      employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

      employer means national system employer within the meaning of the Act

      enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of exempt public sector superannuation scheme inserted by PR546102 ppc 01Jan14]

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

      full rate of pay has the meaning in the NES

      minimum weekly rate means the minimum weekly rate of pay set out in clause 14Minimum wages

[Definition of MySuper product inserted by PR546102 ppc 01Jan14]

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

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

      night shift means any shift finishing after midnight and at or before 8.00 am

      ordinary hourly base rate of pay means the ordinary base rate of pay contained in the appropriate classification in clause 14.1 divided by 38

      shiftworker means an employee for the time being engaged to work in a system of shifts,being afternoon shifts,night shifts or both,or a continuous shiftworker

      standard rate means the minimum weekly rate for a Level 4 employee in clause 14.1

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

      work cycle means a roster cycle made up of working and non-working days

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 are engaged in the salt industry in respect of work by their employees engaged in the classifications listed in Schedule B—Classification and Structure,to the exclusion of any other modern award.

4.2 Definition of salt industry

      For the purposes of this clause salt industry means:

      (a) the producing,gathering,extracting,harvesting,storing,distributing,packaging,manufacturing,treating,refining,brine handling,processing and transporting,shipping and conveying of salt and incidental related work by employees of the employer;

      (b) the servicing,maintaining (including mechanical,electrical,fabricating or engineering) or repairing of plant and equipment or camp facilities used in the activities set out in clause 4.2(a) by employees employed by employers principally engaged in the salt industry;and

      (c) the provision of temporary labour services used in the activities set out in clauses 4.2(a) and (b),by temporary labour personnel principally engaged to perform work at a location where the activities described in clause 4.2(a) and (b) are being performed.

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

4.4 Exclusions

      This award does not cover:

      (a) an employee excluded from award coverage by the Act;and

      (b) employers in respect of their operations or activities covered by the Manufacturing and Associated Industries and Occupations Award 2010,except for work covered by clause 4.2.

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

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

4.7 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. Individual flexibility arrangements

[Varied by PR542227;7—Award flexibility renamed and substituted by PR610273 ppc 01Nov18]

7.1 Despite anything else in this award,an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

      (a) arrangements for when work is performed;or

      (b) overtime rates;or

      (c) penalty rates;or

      (d) allowances;or

      (e) annual leave loading.

7.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

7.3 An agreement may only be made after the individual employee has commenced employment with the employer.

7.4 An employer who wishes to initiate the making of an agreement must:

      (a) give the employee a written proposal;and

      (b) if the employer is aware that the employee has,or reasonably should be aware that the employee may have,limited understanding of written English,take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

7.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

7.6 An agreement must do all of the following:

      (a) state the names of the employer and the employee;and

      (b) identify the award term,or award terms,the application of which is to be varied;and

      (c) set out how the application of the award term,or each award term,is varied;and

      (d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made;and

      (e) state the date the agreement is to start.

7.7 An agreement must be:

      (a) in writing;and

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

7.8 Except as provided in clause 7.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

7.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

7.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.

7.11 An agreement may be terminated:

      (a) at any time,by written agreement between the employer and the employee;or

      (b) by the employer or employee giving 13 weeks’written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

      Note:If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in s.144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see s.145 of the Act).

7.12 An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause.

7.13 The right to make an agreement under clause 7 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

9. Dispute resolution

8. Consultation about major workplace change

[8—Consultation regarding major workplace change renamed and substituted by PR546288,8—Consultation renamed and substituted by PR610273 ppc 01Nov18]

8.1 If an employer makes a definite decision to make major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must:

      (a) give notice of the changes to all employees who may be affected by them and their representatives (if any);and

      (b) discuss with affected employees and their representatives (if any):

        (i) the introduction of the changes;and

        (ii) their likely effect on employees;and

        (iii) measures to avoid or reduce the adverse effects of the changes on employees;and

      (c) commence discussions as soon as practicable after a definite decision has been made.

8.2 For the purposes of the discussion under clause 8.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

      (a) their nature;and

      (b) their expected effect on employees;and

      (c) any other matters likely to affect employees.

8.3 Clause 8.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

8.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 8.1(b).

8.5 In clause 8:

      significant effects,on employees,includes any of the following:

      (a) termination of employment;or

      (b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or

      (c) loss of,or reduction in,job or promotion opportunities;or

      (d) loss of,or reduction in,job tenure;or

      (e) alteration of hours of work;or

      (f) the need for employees to be retrained or transferred to other work or locations;or

      (g) job restructuring.

8.6 Where this award makes provision for alteration of any of the matters defined at clause 8.5,such alteration is taken not to have significant effect.

8A. Consultation about changes to rosters or hours of work

[8A inserted by PR610273 ppc 01Nov18]

8A.1 Clause 8A applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

8A.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

8A.3 For the purpose of the consultation,the employer must:

      (a) provide to the employees and representatives mentioned in clause 8A.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

      (b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

8A.4 The employer must consider any views given under clause 8A.3(b).

8A.5 Clause 8A is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

9. Dispute resolution

[Varied by PR542227;substituted by PR610273 ppc 01Nov18]

9.1 Clause 9 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

9.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

9.3 If the dispute is not resolved through discussion as mentioned in clause 9.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

9.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 9.2 and 9.3,a party to the dispute may refer it to the Fair Work Commission.

9.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute,including mediation,conciliation and consent arbitration.

9.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

9.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 9.

9.8 While procedures are being followed under clause 9 in relation to a dispute:

      (a) work must continue in accordance with this award and the Act;and

      (b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace, that is safe and appropriate for the employee to perform.

9.9 Clause 9.8 is subject to any applicable work health and safety legislation.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

[Varied by PR700609]

An employee may be engaged on a full-time,part-time or casual basis.

10.1 Full-time employment

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

10.2 Part-time employment

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

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

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

      (b) For each ordinary hour worked,a part-time employee will be paid no less than 1/38th of the minimum weekly rate of pay for the relevant classification in clause 14Minimum wages.

      (c) An employer must inform a part-time employee of the ordinary hours of work and starting and finishing times. All time worked in excess of these hours will be paid at the appropriate overtime rate.

10.3 Casual employment

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

      (b) For each hour worked,a casual employee will be paid no less than 1/38th of the minimum weekly rate of pay for their classification in clause 14Minimum wages,plus a casual loading of 25%. The loading constitutes part of the casual employee’s all-purpose rate.

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

10.4 Right to request casual conversion

[10.4 inserted by PR700609 ppc 01Oct18]

      (a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

      (b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which,without significant adjustment,the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

      (c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to full-time employment.

      (d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

      (e) Any request under this subclause must be in writing and provided to the employer.

      (f) Where a regular casual employee seeks to convert to full-time or part-time employment,the employer may agree to or refuse the request,but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

      (g) Reasonable grounds for refusal include that:

        (i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award –that is,the casual employee is not truly a regular casual employee as defined in paragraph (b);

        (ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months;

        (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months;or

        (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

      (h) For any ground of refusal to be reasonable,it must be based on facts which are known or reasonably foreseeable.

      (i) Where the employer refuses a regular casual employee’s request to convert,the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the employer’s refusal,this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure,the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

      (j) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause,the employer and employee must discuss and record in writing:

        (i) the form of employment to which the employee will convert –that is,full-time or part-time employment;and

        (ii) if it is agreed that the employee will become a part-time employee,the matters referred to in clause 10.2(c).

      (k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

      (l) Once a casual employee has converted to full-time or part-time employment,the employee may only revert to casual employment with the written agreement of the employer.

      (m) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage),or have their hours reduced or varied,in order to avoid any right or obligation under this clause.

      (n) Nothing in this clause obliges a regular casual employee to convert to full-time or part-time employment,nor permits an employer to require a regular casual employee to so convert.

      (o) Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

      (p) An employer must provide a casual employee,whether a regular casual employee or not,with a copy of the provisions of this subclause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018,an employer must provide such employees with a copy of the provisions of this subclause by 1 January 2019.

      (q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in paragraph (p).

11. Termination of employment

[11 substituted by PR610273 01Nov18]

Note:The NES sets out requirements for notice of termination by an employer. See ss.117 and 123 of the Act.

11.1 Notice of termination by an employee

      (a) This clause applies to all employees except those identified in ss.123(1) and 123(3) of the Act.

      (b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

        Table 1—Period of notice

      Column 1
      Employee’s period of continuous service with the employer at the end of the day the notice is given

      Column 2
      Period of notice

      Not more than 1 year

      1 week

      More than 1 year but not more than 3 years

      2 weeks

      More than 3 years but not more than 5 years

      3 weeks

      More than 5 years

      4 weeks

        Note:The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

      (c) In paragraph (b) continuous service has the same meaning as in s.117 of the Act.

      (d) If an employee who is at least 18 years old does not give the period of notice required under paragraph (b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

      (e) If the employer has agreed to a shorter period of notice than that required under paragraph (b),then no deduction can be made under paragraph (d).

      (f) Any deduction made under paragraph (d) must not be unreasonable in the circumstances.

11.2 Job search entitlement

      Where an employer has given notice of termination to an employee,the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

11.3 The time off under clause 11.2 is to be taken at times that are convenient to the employee after consultation with the employer.

12. Redundancy

[Varied by PR503685,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.

12.5 Transitional provisions –NAPSA employees

[12.5 renamed by PR503685;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503685 deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. District allowances

17. Payment of wages

18. Annualised salaries

19. Superannuation

13. Classifications

The classifications under this award are set out in Schedule B—Classification and Structure.

14. Minimum wages

[Varied by PR998007,PR509138,PR522969,PR536772,PR544301,PR549885,PR551695,PR559301,PR566787,PR579898,PR592209,PR593880,PR606433]

14.1 Adult employees

[14.1 varied by PR998007,PR509138,PR522969,PR536772,PR551695,PR566787,PR579898,PR592209,PR606433 ppc 01Jul18]

      A full-time adult employee must be paid a minimum weekly rate for their classification as set out in the table below:

    Level

    Minimum weekly rate

     

    $

    Level 1—Introductory

    752.80

    Level 2—Basic

    775.30

    Level 3—Intermediate

    806.80

    Level 4—Competent

    837.40

    Level 5—Advanced

    871.20

14.2 Junior employees

      Junior employees will be entitled to the percentage of the applicable adult weekly wage (in the case of part-time or casual employees the hourly rate) for the Level 2 classification as set out in the table below:

    Age

    % adult rate

    16 years or less

    65

    At 17 years

    80

    At 18 years

    90

    At 19 years

    100

14.3 School-based apprentices

14.4 Apprentices

[14.4 substituted by PR544301 ppc 01Jan14]

      (a) The terms of this award apply to apprentices,subject to the provisions of an applicable contract of apprenticeship agreement operating under Federal,State or Territory apprenticeship legislation.

[14.4(b) substituted by PR549885 ppc 01Jan14]

      (b) Apprentices who commenced before 1 January 2014 will be entitled to the percentage of the applicable adult weekly wage (in the case of part-time employees the hourly rate) for their classification as set out in the table below:

      Year of apprenticeship

      % of adult rate

      1st year

      45

      2nd year

      55

      3rd year

      75

      4th year

      88

[14.4(c) substituted by PR566787 ppc 01Jul15]

      (c) Apprentices who commenced their apprenticeship on or after 1 January 2014 will be entitled to the percentage of the standard rate (in the case of part-time employees the hourly rate) as set out in the table below:

      Year of apprenticeship

      Not completed year 12

      Completed year 12

       

      % standard rate

      1st year

      50

      55

      2nd year

      60

      65

      3rd year

      75

      75

      4th year

      88

      88

      (d) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the standard rate,or the rate prescribed by clause 14.4(c) for the relevant year of the apprenticeship,whichever is the greater.

      (e) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification clause 14.1Adult employees,or the rate prescribed by clause 14.4(c) for the relevant year of the apprenticeship,whichever is the greater.

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

[14.4(g) to (m) inserted by PR559301 ppc 01Jan15]

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

      (h) For the purposes of clause 14.4(g) above,excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,which exceed those incurred in travelling to and from work. For the purposes of this subclause,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

      (i) The amount payable by an employer under clause 14.4(g) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

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

      (k) An employer may meet its obligations under clause 14.4(j) by paying any fees and/or cost of textbooks directly to the RTO.

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

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

14.5 Supported wage system

14.6 National training wage

[14.6 substituted by PR593880 ppc 01Jul17]

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

[14.6(b) varied by PR606433 ppc 1Jul18]

      (b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2018. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Salt Industry Award 2010 and not the Miscellaneous Award 2010.

15. Allowances

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

[Varied by PR998132,PR509259,PR523089,PR536892,PR551815,PR566916,PR579612,PR592360, PR606583]

15.1 Allowances are all-purpose allowances only if expressly stated in this clause. Where an employee is paid by the hour,the allowance will be 1/38th of the weekly allowance.

15.2 Allowances for responsibilities or skills that are not taken into account in rates of pay

      (a) Leading hand

        A leading hand must be paid a weekly allowance of:

      In charge of

      % of the standard rate per week

      3–10 employees

      2.35

      11–20 employees

      3.92

      More than 20 employees

      4.71

      (b) Higher duties

        (i) An employee required to work at a higher level for more than two hours on any day will be paid at the higher rate for all time worked on the day.

        (ii) An employee required to work for two hours or less on any day will be paid at the higher rate for the time worked at the higher level.

      (c) First aid allowance

        An employee who holds first aid qualifications from St John Ambulance or an equivalent body,and who is appointed by the employer to participate in the emergency response team or otherwise to perform first aid duty,will be paid a first aid allowance of 2% of the standard rate per week.

15.3 Industry allowance

      (a) Employees will be paid weekly an all-purpose industry allowance of 2.5% of the standard rate.

      (b) The industry allowance is in payment for all aspects of work in the industry including the location and nature of salt industry operations,salt and chemical particles in the air,dust,glare from bulk salt and heat.

15.4 Reimbursement and expense related allowances

      (a) Motor vehicle allowance

[15.4(a) varied by PR523089,PR536892,PR551815 ppc 01Jul14]

        An employee who uses their own motor vehicle by agreement with the employer will be paid an allowance of $0.78 per kilometre.

      (b) Meal allowance for overtime work

[15.4(b) varied by PR998132,PR509259,PR523089,PR536892, PR551815,PR566916,PR592360, PR606583,ppc 01Jul18]

        An employee required to work more than two hours overtime will be paid a meal allowance of $14.25. The allowance is not required to be paid if the employer provides a meal or meal-making facilities or if the employee was notified no later than the previous day or shift that the employee would be required to work the overtime.

15.5 Adjustment of expense related allowances

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

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

      Allowance

      Applicable Consumer Price Index figure

      Meal allowance

      Take away and fast foods sub-group

      Motor vehicle allowance

      Private motoring sub-group

   

16. District allowances

[16 deleted by PR561478 ppc 05Mar15]

17. Payment of wages

[Varied by PR610141]

17.1 The employer will pay the employees wages,penalties and allowances at a frequency of not longer than monthly by electronic funds transfer into the employee’s bank (or other recognised financial institution) account nominated by the employee.

17.2 An employer may deduct from any amount required to be paid to an employee under this clause the amount of any overpayment of wages or allowances.

17.3 Payment on termination of employment

[17.3 inserted by PR610141 ppc 01Nov18]

      (a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

        (i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination;and

        (ii) all other amounts that are due to the employee under this award and the NES.

      (b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

        Note 1:Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.

        Note 2:Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

        Note 3:State and Territory long service leave laws or long service leave entitlements under s.113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

18. Annualised salaries

18.1 Annual salary instead of award provisions

      (a) An employer may pay an employee an annual salary in satisfaction of any or all of the following provisions of the award:

      (b) Where an annual salary is paid the employer must advise the employee in writing of the annual salary that is payable and which of the provisions of this award will be satisfied by payment of the annual salary.

18.2 Annual salary not to disadvantage employees

      (a) The annual salary must be no less than the amount the employee would have received under this award for the work performed over the year for which the salary is paid (or if the employment ceases earlier over such lesser period as has been worked).

      (b) The annual salary of the employee must be reviewed by the employer at least annually to ensure that the compensation is appropriate having regard to the award provisions which are satisfied by the payment of the annual salary.

18.3 Base rate of pay for employees on annual salary arrangements

      For the purposes of the NES,the base rate of pay of an employee receiving an annual salary under this clause comprises the portion of the annual salary equivalent to the relevant rate of pay in clause 14Minimum wages and excludes any incentive-based payments,bonuses,loadings,monetary allowances,overtime and penalties.

19. Superannuation

[Varied by PR546102]

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

      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) Sunsuper;

      (b) AustralianSuper;

[19.4(c) varied by PR546102 ppc 01Jan14]

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

[19.4(d) inserted by PR546102 ppc 01Jan14]

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

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work and rostering

21. Maximum weekly hours

22. Breaks

23. Overtime and penalty rates

24. Rostering

20. Ordinary hours of work and rostering

20.1 A full-time employee’s ordinary hours of work will be an average of 38 hours per week. The ordinary hours of part-time and casual employees will be in accordance with clause 10Types of employment.

20.2 Employees other than shiftworkers

      (a) Subject to clause 20.2(c) employees,other than shiftworkers,may be required to work up to 10 ordinary hours per day,between the hours of 6.00 am and 6.00 pm,Monday to Friday.

      (b) An employer may agree with a majority of affected employees to alter the spread of hours in clause 20.2(a) and/or to increase the ordinary hours per day to a maximum of 12.

      (c) Where employees were required to work 12 hour shifts under roster and working hours arrangements which were in place before 1 January 2010 those arrangements may continue to operate in respect to both existing employees and new employees.

20.3 Shiftworkers

      (a) Subject to clause 20.3(c) shiftworkers may be required to work a shift of up to 10 consecutive ordinary hours (including meal breaks). Shiftwork may be worked on any or all days of the week.

      (b) An employer may agree with a majority of affected employees to alter the spread of hours in clause 20.3(a) and/or to increase the ordinary hours per day to a maximum of 12.

      (c) Where employees were required to work 12 hour shifts under roster and working hours arrangements which were in place before 1 January 2010 those arrangements may continue to operate in respect to both existing employees and new employees.

20.4 Cycle work

      (a) Employees may be engaged to work on a work cycle made up of working and non-working days. The total ordinary hours of work during a work cycle must not exceed 38 hours multiplied by the total number of working (on-duty period) and non-working (off-duty period) days in the cycle,divided by seven.

      (b) The on-duty period commences at the commencement of work at the workplace. The off-duty period commences at the time of cessation of work.

20.5 Summer time

      Where,by reason of legislation,summer time is prescribed as being in advance of the standard time,the length of any shift:

      (a) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period;and

      (b) commencing on or before the time prescribed by such legislation for the termination of the summer time period,

      will be deemed to be the number of hours represented by the differences between the time recorded by the clock at the beginning of the shift and the time so recorded at the end of the shift,the time of the clock in each case to be set to the time fixed pursuant to the relevant legislation.

21. Maximum weekly hours

21.1 This clause provides industry specific detail and supplements the NES which deals with maximum weekly hours.

21.2 For the purposes of the NES an employee’s weekly hours may be averaged over a period of up to 26 weeks.

22. Breaks

[Varied by PR529172]

22.1 Meal breaks and rest breaks

      (a) An employee,other than a shiftworker,is entitled to an unpaid meal break of not less than 30 minutes after every five hours worked.

      (b) A shiftworker working 10 hours or less will be entitled to a paid meal break of 20 minutes per shift.

      (c) A shiftworker working for longer than 10 hours will be entitled to paid meal breaks totalling 40 minutes per shift.

      (d) Breaks will be scheduled by the employee’s supervisor based upon operational requirements so as to ensure continuity of operations. The employer will not normally require an employee to work more than five hours before the first meal is taken or between subsequent meal breaks if any.

      (e) Employees required to attend or repair a breakdown may be required to work during a regular meal break at ordinary rates of pay for the purposes of repairing a breakdown,or conducting routine maintenance that can only be done while the plant is idle.

22.2 Rest breaks during overtime

      (a) An employee may take a paid rest break of 20 minutes after each four hours of overtime worked,if the employee is required to continue work after the rest break.

      (b) The employer and an employee may agree to any variation of this clause to meet the circumstances of the workplace,provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under this clause.

22.3 Minimum break between work on successive days or shifts

      (a) Employees other than shiftworkers

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

        (ii) An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least 10 consecutive hours off work between those times must be released after completion of the overtime until the employee has had 10 consecutive hours off work without loss of pay for ordinary working time occurring during such absence.

        (iii) If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off work,the employee must be paid at the relevant overtime rate until released from work for such period. The employee is then entitled to be absent until they have had 10 consecutive hours off work without loss of pay for ordinary working time occurring during the absence.

      (b) Shiftworkers

[22.3(b) varied by PR529172 ppc 27Sept12]

        For shiftworkers,the required period of consecutive hours off work is eight hours. Other arrangements are as per clause 22.3(a).

23. Overtime and penalty rates

[Varied by PR585483]

23.1 Overtime payments—employees other than continuous shiftworkers

      (a) Except where provided otherwise in this clause,an employee (other than a continuous shiftworker) will be paid the following additional payments for all work done in addition to their ordinary hours:

        (i) 50% of the ordinary hourly base rate of pay for the first two hours and 100% of ordinary hourly base rate of pay thereafter,for overtime worked from Monday until Saturday;

        (ii) 100% of the ordinary hourly base rate of pay for any overtime worked on a Sunday;and

        (iii) 150% of the ordinary hourly base rate of pay for overtime worked on a public holiday.

      (b) An employee recalled to work overtime after leaving the employer’s premises (whether notified before or after leaving the premises) will be engaged to work for a minimum of four hours or will be paid for a minimum of four hours work in circumstances where the employee is engaged for a lesser period.

23.2 Overtime payments—continuous shiftworkers

      A continuous shiftworker will be paid an additional payment for all work done in addition to ordinary hours of 100% of the ordinary hourly base rate of pay.

23.3 Method of calculation

      (a) When computing overtime payments,each day or shift worked will stand alone.

      (b) Any overtime payments are in substitution of any other loadings or penalty rates.

23.4 Time off instead of payment for overtime

[23.4 substituted by PR585483 ppc 16Sep16]

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

      (b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 23.4.

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

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

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

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

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

        Note:An example of the type of agreement required by this clause is set out at Schedule I. There is no requirement to use the form of agreement set out at Schedule I. An agreement under clause 23.4 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

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

        EXAMPLE:By making an agreement under clause 23.4 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

      (e) Time off must be taken:

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

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

      (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 23.4 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

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

      (h) The employer must keep a copy of any agreement under clause 23.4 as an employee record.

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

      (j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 23.4 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

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

      (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 23.4 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

        Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 23.4.

23.5 Recall to work overtime

      An employee who is recalled to work overtime after leaving the employer’s premises will be paid for a minimum of two hours’work at the appropriate overtime rate.

23.6 Rest break during overtime

      An employee working overtime will take a paid rest break of 20 minutes after each four hours of overtime worked if required to continue work after the break.

      (a) An employee may elect,with the consent of the employer,to take time off instead of payment for overtime at a time or times agreed with the employer.

      (b) The employee may take one hour of time off for each hour of overtime,paid at the employee’s ordinary hourly base rate of pay.

23.7 Shiftwork penalties

      (a) A shiftworker whilst on afternoon or night shift must be paid a loading of 15% of the ordinary hourly base rate of pay.

      (b) A shiftworker on permanent night shift must be paid a loading of 30% of the ordinary hourly base rate of pay.

23.8 Weekend work

      A shiftworker must be paid the following loadings for ordinary hours worked on a Saturday or Sunday:

      (a) 50% of the ordinary hourly base rate of pay for ordinary hours worked on a Saturday;and

      (b) 100% of the ordinary hourly base rate of pay for ordinary hours worked on a Sunday.

23.9 Public holidays

      A shiftworker must be paid a loading of 100% of the ordinary hourly base rate of pay for any ordinary hours worked on a public holiday.

24. Rostering

24.1 An employer may vary an employee’s days of work or start and finish times to meet the needs of the business by giving at least 48 hours’notice,or such shorter period as is agreed between the employer and an individual employee.

24.2 Where an employee is performing shiftwork,the employer may change shift rosters or require an employee to work a different shift roster upon 48 hours’notice. These time periods may be reduced where agreed by the employer and the employee or at the direction of the employer where operational circumstances require.

24.3 The employer must consult with directly affected employees about any changes made under this clause.

24.4 Emergency arrangements

      Notwithstanding anything elsewhere contained in this clause,an employer may vary or suspend any roster arrangement immediately in the case of an emergency.

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave and compassionate leave

27. Community service leave

28. Public holidays

29. Leave to deal with Family and Domestic Violence

25. Annual leave

[Varied by PR583071]

25.1 This clause of the award supplements the provisions of Division 6 of the NES which deal with annual leave. Annual leave does not apply to casual employees.

25.2 For the purposes of the provisions of the NES which deal with annual leave,shiftworker means a continuous shiftworker.

25.3 Payment for annual leave

      The amount to be paid to an employee prior to going on leave must be worked out on the basis of what the employee would have been paid for working ordinary hours during the period of annual leave,including loadings,penalties and allowances paid for all purposes. The employee is not entitled to payments in respect of overtime,or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.

25.4 Electronic funds transfer (EFT) payment of annual leave

[New 25.4 inserted by PR583071 ppc 29Jul16]

      Despite anything else in this clause,an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave. The amount to be paid to an employee must be worked out in accordance with clause 25.3 and 25.5.

25.5 Annual leave loading

[25.4 renumbered as 25.5 by PR583071 ppc 29Jul16]

      When an employee takes a period of paid annual leave,the employee will be paid an annual leave loading of 17.5% in addition to the payment required to be made under clause 25.3.

25.6 Taking of annual leave during shut-downs

[25.5 renumbered as 25.6 by PR583071 ppc 29Jul16]

      An employer may direct an employee to take paid annual leave during all or part of a period where the employer shuts down the business or part of the business where the employee works. If an employee does not have sufficient accrued annual leave for the period of the shut-down,then the employee may be required to take leave without pay.

25.7 Excessive leave accruals:general provision

[25.6 renumbered as 25.7 by PR583071 ppc 29Jul16;25.7 renamed and substituted by PR583071 ppc 29Jul16]

      Note:Clauses 25.7 to 25.9 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 3.1).

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

      (d) Clause 25.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[New 25.8 inserted by PR583071 ppc 29Jul16]

      (a) If an employer has genuinely tried to reach agreement with an employee under clause 25.7(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 25.7,25.8 or 25.9 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 25.8(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.

25.9 Excessive leave accruals:request by employee for leave

[New 25.9 inserted by PR583071 ppc 29Jul16;substituted by PR583071 ppc 29Jul17]]

      (a) If an employee has genuinely tried to reach agreement with an employer under clause 25.7(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 25.8(a) that,when any other paid annual leave arrangements (whether made under clause 25.7,25.8 or 25.9 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 25.7,25.8 or 25.9 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 3.1) in any period of 12 months.

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

25.10 Taking of annual leave over an extended period

[25.7 renumbered as 25.8 by PR583071;25.8 renumbered as 25.10 by PR583071 ppc 29Jul16]

      An employer and employee may agree that the employee can take a period of paid leave over a longer period. Where this occurs,the payment for the leave will be reduced in proportion to the period of extension. For example,it may be agreed that the leave period is doubled and taken on half pay.

25.11 Annual leave in advance

[25.8 renumbered as 25.9 by PR583071;25.9 renumbered as 25.11 by PR583071 ppc 29Jul16;25.11 renamed and substituted by PR583071 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 25.11 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

      (c) The employer must keep a copy of any agreement under clause 25.11 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 25.11,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.

25.12 Cashing out of annual leave

[25.12 inserted by PR583071 ppc 29Jul16]

      (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.12.

      (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.12.

      (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 25.12 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 25.12 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 25.12 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 25.12.

      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 25.12.

      Note 3:An example of the type of agreement required by clause 25.12 is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H.

26. Personal/carer’s leave and compassionate leave

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

27. Community service leave

Community service leave is provided for in the NES.

28. Public holidays

28.1 Public holidays are provided for in the NES.

28.2 Substitution of public holidays

      An employer and a majority of affected employees or an individual employee may reach agreement in writing to substitute a day or part-day for a day or part-day that would otherwise be a public holiday under terms of the NES.

29. Leave to deal with Family and Domestic Violence

[29 inserted by PR609436 ppc 01Aug18]

29.1 This clause applies to all employees,including casuals.

29.2 Definitions

      (a) In this clause:

        family and domestic violence means violent,threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.

        family member means:

        (i) a spouse,de facto partner,child,parent,grandparent,grandchild or sibling of the employee;or

        (ii) a child,parent,grandparent,grandchild or sibling of a spouse or de facto partner of the employee;or

        (iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

      (b) A reference to a spouse or de facto partner in the definition of family member in clause 29.2(a) includes a former spouse or de facto partner.

29.3 Entitlement to unpaid leave

      An employee is entitled to 5 days’unpaid leave to deal with family and domestic violence,as follows:

      (a) the leave is available in full at the start of each 12 month period of the employee’s employment;and

      (b) the leave does not accumulate from year to year;and

      (c) is available in full to part-time and casual employees.

      Note:1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer.

        2. The employer and employee may agree that the employee may take more than 5 days’unpaid leave to deal with family and domestic violence.

29.4 Taking unpaid leave

      An employee may take unpaid leave to deal with family and domestic violence if the employee:

      (a) is experiencing family and domestic violence;and

      (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work.

      Note:The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation),attending urgent court hearings,or accessing police services.

29.5 Service and continuity

      The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee’s continuity of service.

29.6 Notice and evidence requirements

      (a) Notice

        An employee must give their employer notice of the taking of leave by the employee under clause 29. The notice:

        (i) must be given to the employer as soon as practicable (which may be a time after the leave has started);and

        (ii) must advise the employer of the period,or expected period,of the leave.

      (b) Evidence

        An employee who has given their employer notice of the taking of leave under clause 29 must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 29.4.

        Note:Depending on the circumstances such evidence may include a document issued by the police service,a court or a family violence support service,or a statutory declaration.

29.7 Confidentiality

      (a) Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause 29.6 is treated confidentially,as far as it is reasonably practicable to do so.

      (b) Nothing in clause 29 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life,health or safety of the employee or another person.

      Note:Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

29.8 Compliance

      An employee is not entitled to take leave under clause 29 unless the employee complies with clause 29.

Schedule A—Transitional Provisions

[Varied by PR503685]

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 PR503685 ppc 01Jan11]

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

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

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

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

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

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

Schedule B—Classification and Structure

[Varied by PR529172]

B.1 Classification and progression principles

B.1.1 Classification

      In each of the classifications under this award it is a requirement that an employee must:

      (a) perform work in a fully flexible manner as reasonably required by the employer and in accordance with the employee’s ability and competence;

      (b) acquire any skills as reasonably requested by the employer and,where necessary,undertake required training and assist with the training of others;and

      (c) use such tools and equipment as may be required,subject to the limit of the employee’s skills and competence and provided that the employee has been properly trained in the use of such tools and equipment.

[B.1.2 varied by PR529172 ppc 27Sep12]

B.1.2 Progression

      An employee will progress through the classification levels subject to:

      (a) possessing the applicable skills for the level;and

      (b) being required by the employer to perform work at that level.

      Progression from Level 4 will be subject to the employee being appointed by the employer.

B.2 Classification groups

B.2.1 Salt industry services employees

      A Salt industry services employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to labouring,assisting work crews and tradespersons,operation of plant and equipment (including mobile plant),maintenance work on plant,equipment,buildings or camps,performance of general plant,stores,workshop,warehouse,packaging,and marine interface tasks,resource assessment,preparing and cleaning equipment and materials and on-site catering cleaning and security. This classification group also encompasses work performed by laboratory personnel,who do not hold tertiary qualifications.

B.2.2 Salt industry production and haulage employees

      A Salt industry production and haulage employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to production activities (including labouring,sampling,spotting),operating all forms of plant and equipment (including mobile plant) and operating equipment used in the transportation,handling,loading (or discharge) and shipping of salt.

B.2.3 Salt industry processing employees

      A Salt industry processing employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to operating and adjusting all plant equipment (and associated control panels) utilised in salt processing and refining operations and issuing clearances and permits as required.

B.2.4 Salt industry maintenance trades employees

      A Salt industry maintenance trades employee is designated as such by their employer,performs all tasks as directed by their employer and is trade qualified.

B.3 Classification structure

B.3.1 Level 1—Introductory

      (a) An employee at this level is undertaking the standard induction training required for the operation or business. Such training covers conditions of employment,plant safety,first aid procedures,movement around the site,work and documentation procedures,quality control and quality assurance and introduction to supervisors and fellow workers.

      (b) Employees at this level perform routine duties under direct supervision.

      (c) This level applies to the following classification groups:

        (i) Salt industry services employees;

        (ii) Salt industry production and haulage employees;and

        (iii) Salt industry processing employees.

B.3.2 Level 2—Basic

      (a) An employee at this level will have completed the standard induction training and be able to competently carry out the basic and semi-skilled work required for this level.

      (b) This level applies to the following classification groups:

        (i) Salt industry services employees;

        (ii) Salt industry production and haulage employees;and

        (iii) Salt industry processing employees.

      (c) Indicative duties at this level include:lumping,sewing,cleaning,general labouring,attendance at a machine like washplant attendants and conveyor attendant,basic records in stores and dispatch,operation of mobile equipment and vehicles not requiring specialised licences,laboratory assistants.

B.3.3 Level 3—Intermediate

      (a) An employee at this level will be able to competently carry out semi-skilled work on a broad range of plant and equipment functions. The employee exercises discretion within their level of skill and is responsible for the quality of the work subject to routine supervision.

      (b) This level applies to the following classification groups:

        (i) Salt industry services employees;

        (ii) Salt industry production and haulage employees;and

        (iii) Salt industry processing employees.

      (c) Indicative duties at this level include:control of brine flows and irrigation under supervision including maintenance of concentration ponds and crystallisers,knowledge of designation of flow paths,chemical additives and higher quality food grades,automatic and/or manual control bypassing equipment,operation of vehicles and or mobile plant requiring a specialised licence,laboratory assistant,washplant or conveyor operator,shiploader,brine operator.

B.3.4 Level 4—Competent

      (a) An employee at this level will be able to competently apply skills and knowledge in complex but routine situations where discretion and judgment are involved. The skills and knowledge are acquired through the completion of a trade certificate,or through practical experience,which has equipped the employee with an equivalent level of skills and knowledge.

      (b) An employee at this level can plan tasks,select equipment and appropriate procedures from known alternatives and takes responsibility for the work of others. An employee at this level requires only limited supervision or guidance.

      (c) An employee at this level understands and applies quality control techniques,exercises discretion within the scope of this level,performs work under limited supervision,operates all equipment incidental to the work and assists in the provision of on-the-job training.

      (d) This level applies to the following classification groups:

        (i) Salt industry services employees;

        (ii) Salt industry production and haulage employees;

        (iii) Salt industry processing employees;and

        (iv) Salt industry maintenance trades employees.

      (e) Indicative duties at this level include:diagnostic fault detection and ratification relating to salt flow and granule size,supervision and control of all brine flow,brine movements and irrigation,supervision of employees at Levels 1 to 3,operation of all mobile equipment in all conditions,stock control and responsibility for receipt,storage,security and dispatch of orders,certified laboratory work which may include developing sampling techniques and procedures.

B.3.5 Level 5—Advanced

      (a) An employee at this level will have met the requirements for Level 4 and been assessed as being competent to perform tasks which require in depth skill or knowledge,or the employee is assessed as having the integration of a broad range of skills. The work may be of a non-routine nature requiring the application of the relevant skills and knowledge to new but predictable situations.

      (b) The level of skills or knowledge required to perform this work will involve the completion of a post-trade training appropriate for this level,or through the acquisition of practical skills and knowledge which has equipped the employee with the equivalent level of skills and knowledge. An employee at this level will provide guidance and assistance to others.

      (c) This level applies to the following classification groups:

        (i) Salt industry production and haulage employees;

        (ii) Salt industry processing employees;and

        (iii) Salt industry maintenance trades employees.

Schedule C—Supported Wage System

[Varied by PR998748,PR510670,PR525068,PR537893,PR542227,PR551831,PR568050,PR581528, PR592689,PR606630]

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

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

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

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

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

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

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

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

C.3 Eligibility criteria

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

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

C.4 Supported wage rates

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

    Assessed capacity (clause C.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[C.4.2 varied by PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528, PR592689,PR606630 ppc 01Jul18]

C.4.2 Provided that the minimum amount payable must be not less than $86 per week.

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

C.5 Assessment of capacity

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

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

C.6 Lodgement of SWS wage assessment agreement

[C.6.1 varied by PR542227 ppc 04Dec13]

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

[C.6.2 varied by PR542227 ppc 04Dec13]

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

C.7 Review of assessment

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

C.8 Other terms and conditions of employment

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

C.9 Workplace adjustment

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

C.10 Trial period

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

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

[C.10.3 varied by PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528, PR592689,PR606630 ppc 01Jul18]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $86 per week.

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

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

Schedule D—National Training Wage

[Varied by PR998007,PR509138,PR522969,PR536772,PR545787,PR551695,PR566787,PR579898;deleted by PR593880 ppc 01Jul17]

Schedule E—School-based Apprentices

[Varied by PR544301]

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

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

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

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

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

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

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

[E.8 substituted by PR544301 ppc 01Jan14]

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

[E.9 substituted by PR544301 ppc 01Jan14]

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

[E.10 substituted by PR544301 ppc 01Jan14]

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

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

Schedule F—2017 Part-day Public Holidays

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

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

F.1 Where a part-day public holiday is declared or prescribed between 7.00pm 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 7.00pm 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 7.00pm 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 7.00pm 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 7.00pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

      (e) Excluding annualised salaried employees to whom clause F.1(f) applies,where an employee works any hours between 7.00pm 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 7.00pm and midnight.

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

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

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

Schedule G—Agreement to Take Annual Leave in Advance

[Sched G inserted by PR583071 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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

I agree that:

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

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule H—Agreement to Cash Out Annual Leave

[Sched H inserted by PR583071 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

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

[Sched I inserted by PR585483 ppc 16Sep16]

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:
MA000107
Title:
Salt Industry Award 2010
Effective:
26 Oct 2018
Updated:
30 Oct 2018
Instrument Type:
Modern Award
(31)
Salt Industry Award 2010
Salt Industry Award 2010
Salt Industry Award 2010
Salt Industry Award 2010
Salt Industry Award 2010
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Salt Industry Award 2010
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Salt Industry Award 2010
Salt Industry Award 2010
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Salt Industry Award 2010
Salt Industry Award 2010
Salt Industry Award 2010
Salt Industry Award 2010
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Salt Industry Award 2010
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Salt Industry Award 2010
Salt Industry Award 2010
Salt Industry Award 2010
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Salt Industry Award 2010
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4 Oct 2016
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