Table of Contents - MA000112 Local Government 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. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Employment categories

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. District allowances

17. Accident pay

18. Higher duties

19. Payment of wages

20. Superannuation

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work and rostering

22. Meal breaks

23. Penalty rates

24. Overtime

Part 6—Leave and Public Holidays

25. Annual leave

25A. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Parental leave

28. Public holidays

29. Transitional provision—annual leave,personal/carer’s or sick leave and compassionate or bereavement leave

SCHEDULE A—TRANSITIONAL PROVISIONS
SCHEDULE B—CLASSIFICATIONS
SCHEDULE C—SUPPORTED WAGE SYSTEM
SCHEDULE D—SCHOOL-BASED APPRENTICES
SCHEDULE E—NATIONAL TRAINING WAGE
SCHEDULE F—2016 PART-DAY PUBLIC HOLIDAYS
SCHEDULE G—MUNICIPAL MANAGERS (TASMANIAN ONLY)
SCHEDULE H—AGREEMENT TO TAKE ANNUAL LEAVE IN ADVANCE
SCHEDULE I—AGREEMENT TO CASH OUT ANNUAL LEAVE
SCHEDULE J—AGREEMENT FOR TIME OFF INSTEAD OF PAYMENT FOR OVERTIME
Local Government Industry Award 2010

Local Government Industry Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 29 July 2017 (PR583026).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/234;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/13;AM2016/15;AM2016/17;AM2016/8

Table of Contents

[Varied by PR998674,PR532630,PR544519,PR546288,PR555189,PR557581,PR573679,PR583026,PR584116]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Employment categories

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. District allowances

17. Accident pay

18. Higher duties

19. Payment of wages

20. Superannuation

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work and rostering

22. Meal breaks

23. Penalty rates

24. Overtime

Part 6—Leave and Public Holidays

25. Annual leave

25A. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Parental leave

28. Public holidays

29. Transitional provision—annual leave,personal/carer’s or sick leave and compassionate or bereavement leave

Schedule A—Transitional Provisions

Schedule B—Classifications

Schedule C—Supported Wage System

Schedule D—School-based Apprentices

Schedule E—National Training Wage

Schedule F—2016 Part-day Public Holidays

Schedule G—Municipal Managers (Tasmanian only)

Schedule H—Agreement to Take Annual Leave in Advance

Schedule I—Agreement to Cash Out Annual Leave

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

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Local Government Industry Award 2010.

2. Commencement and transitional

[Varied by PR542232]

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 PR542232 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 PR542232 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 PR542232 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,PR503674,PR544259,PR546113,PR575440]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

[Definition of adult apprentice inserted by PR544259 ppc 01Jan14]

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

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

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

    community services means those employees whose role is to encourage,promote or conduct community pursuits or community development programs for the maintenance or improvement of general social and living standards with regard to family support,services related to income,welfare,employment,education,health,housing,youth,the aged,domiciliary,arts and/or culture including arts programs,exhibitions,museums,art galleries,events,entertainment and theatres

[Definition of default fund employee inserted by PR546113 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 PR546113 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 PR503674 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 PR503674 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 PR546113 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

    garbage,sanitary and sullage services means services in the following work functions:recycling,street sweeping,waste collection,waste disposal including at tips,landfills and waste transfer stations including mechanical services in connection with these work functions

    hourly ordinary time rate of an employee is 1/38th of the minimum weekly rate of pay specified in clause 14Minimum wages for the employee’s classification

    local government entity means a council,local council,county council,municipal council,shire council or other local government body created under or regulated by local government legislation of a State or Territory

    local law enforcement and community safety services means those services undertaken to enforce one or more of the local government entity’s by-laws or any legislative requirements which the local government entity is empowered to enforce or to ensure community safety or security including rangers,security,parking inspectors,watchpersons or night patrol

    minimum weekly rate of an employee is the minimum weekly rate of pay specified in clause 14Minimum wages,for the employee’s classification

[Definition of MySuper product inserted by PR546113 ppc 01Jan14]

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

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

    on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client

[Definition of recreation centres varied by PR575440 ppc 23Dec15]

    recreation centres means a recreation centre,leisure centre,swimming pool,aquatic centre,golf course or sports centre or any other municipal centre that provides physical,recreational and/or cultural/historical activities or such other similar activities provided in the public interest

    standard rate means the minimum hourly rate for a Level 4 employee in clause 14Minimum wages being the minimum weekly rate divided by 38

    tourism services means the following services:visitor and regional information centres;exhibition,convention and amusement complexes;heritage,tourism and cultural centres;animal parks and aquariums;guided tours and other educational services operated by local government for the benefit of tourists,visitors and the local community

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

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

4. Coverage

[Varied by PR993408,PR575440]

4.1 This industry award covers employers throughout Australia in the local government industry and their employees in the classifications listed in Schedule B—Classifications to the exclusion of any other modern award.

4.2 In this award local government industry means all activities undertaken by local government entities,including activities undertaken by corporations controlled by one or more local government entities. In this subclause a corporation is controlled by one or more local government entities if one or more local government entities have the capacity to determine the outcome of decisions about the corporation’s financial and operating policies.

4.3 This award does not cover:

      (a) the chief executive officer of a local government entity,however described;

      (b) nurses engaged in accordance with the Nurses Award 2010;

      (c) doctors engaged in accordance with the Medical Practitioners Award 2010;

[4.3(d) varied by PR575440 ppc 23Dec15]

      (d) early childhood teachers (university qualified) engaged in accordance with the Educational Services (Teachers) Award 2010;or

[4.3(e) deleted by PR575440 ppc 23Dec15]

[4.3(f) renumbered as 4.3(e) by PR575440 ppc 23Dec15]

      (e) local government associations and their employees.

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

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

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

[4.7 substituted by PR993408 ppc 08Feb10]

4.7 This award covers any employer which supplies labour on an on-hire basis in the local government industry as defined in clause 4.2 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

[4.8 substituted by PR993408 ppc 08Feb10]

4.8 This award covers employers which provide group training services for apprentices and trainees engaged in the local government industry as defined in clause 4.2 and those apprentices and trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

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

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Award flexibility

[Varied by PR542232]

7.1 Notwithstanding any other provision of this award,an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

    (a) arrangements for when work is performed;

    (b) overtime rates;

    (c) penalty rates;

    (d) allowances;and

    (e) leave loading.

[7.2 varied by PR542232 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:

    (a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

[7.3(b) varied by PR542232 ppc 04Dec13]

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

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

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

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

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

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

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

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

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

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

7.8 The agreement may be terminated:

[7.8(a) varied by PR542232 ppc 04Dec13]

    (a) by the employer or the individual employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

    (b) at any time,by written agreement between the employer and the individual employee.

[Note inserted by PR542232 ppc 04Dec13]

    Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542232 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542232 ppc 04Dec13]

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

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

8. Consultation

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

8.1 Consultation regarding major workplace change

    (a) Employer to notify

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

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

    (b) Employer to discuss change

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

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

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

8.2 Consultation about changes to rosters or hours of work

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

    (b) The employer must:

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

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

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

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

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

9. Dispute resolution

[Varied by PR542232,PR575440]

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

[9.2 varied by PR542232 ppc 04Dec13]

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

[9.3 varied by PR542232 ppc 04Dec13]

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

[9.4 varied by PR542232 ppc 04Dec13]

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

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

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

9.7 Dispute resolution training leave

[9.7 inserted by PR575440 ppc 23Dec15]

    (a) An eligible employee shall be entitled to a maximum of five days paid leave to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award and /or industrial issues which arise at the workplace.

    (b) Eligible employees are only entitled to leave in accordance with this clause for accredited courses.

    (c) Such leave will be available to an individual eligible employee once only during their employment. The employer and eligible employee may reach an agreement on any requests for refresher training.

    (d) For the purpose of this clause an accredited course means Dispute Resolution Training Course conducted by or on behalf of a registered training organisation whose scope of registration Includes industrial relations training.

    (e) Nothing in this clause will prevent the employer and the eligible employee from reaching agreement that such training can be provided by a union or other accredited training provider(s).

    (f) An eligible employee is defined as a full-time or part-time employee:

      (i) who is a union delegate,who has been duly appointed by a union and the employer has been formally notified of that appointment;and

      (ii) who has completed 12 months continuous service with the current employer.

    (g) An eligible employee must comply with the following notice requirements:

      (i) provide the employer with at least five (5) weeks prior notice in writing of their request to attend a dispute resolution training course;

      (ii) outline details of the type,content,venue and duration of the course to be attended in the written notice provided in accordance with clause 9.7(g)(i).

    (h) The employer will consider a request for leave in accordance with this clause having regard to:

      (i) the operational requirements of the employer;and

      (ii) the capacity of the employer to make adequate staffing arrangements among current employees during the proposed period of leave.

    (i) An employer must not unreasonably refuse to agree to a request by the employee to take dispute resolution training leave.

    (j) An employer will not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary hourly ordinary time rate for such absence.

    (k) An eligible employee will be required to provide the employer with proof of attendance at,and satisfactory completion of,the course to qualify for payment of leave.

    (l) Leave granted pursuant to this clause counts as service for all purposes of this award.

Part 3—Types of Employment and Termination of Employment

10. Employment categories

11. Termination of employment

12. Redundancy

10. Employment categories

[Varied by PR536549]

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

    (a) full-time;

    (b) part-time;or

    (c) casual.

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

10.3 Full-time employees

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

10.4 Part-time employees

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

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

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

      (ii) has reasonably predictable hours of work;and

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

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

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

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

    (f) Agreed additional hours

[10.4(f) substituted by PR536549 ppc 13May13]

      A part-time employee may agree to work up to an average of 38 ordinary hours per week at the hourly ordinary time rate provided the agreement is entered into without duress,in writing and stipulates that hours are to be paid at hourly ordinary time rates.

    (g) Additional hours by direction

      Where a part-time employee is directed to work hours in excess of the hours agreed under clause 10.4(c) or as varied under clause 10.4(d),such hours will be overtime and paid for at the rates prescribed in clause 24.2.

    (h) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the minimum weekly rate prescribed in clause 14Minimum wages for the work performed.

10.5 Casual employees

    (a) A casual employee is an employee who is engaged and paid as such but does not include a part-time or full-time employee.

    (b) Casual loading

      Casual employees will be paid,in addition to the hourly ordinary time rate and rates payable for shift and weekend work on the same basis as a weekly employee,an additional loading of 25% of the hourly ordinary time rate for the classification in which they are employed as compensation instead of paid leave under this award and the NES.

    (c) Penalties and overtime

      Penalties,including public holiday penalties and overtime,for casual employees will be calculated on the hourly ordinary time rate for the classification in which they are employed exclusive of the casual loading.

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

    The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

11.3 Job search entitlement

    Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

12. Redundancy

[Varied by PR503674,PR561478]

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

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

12.3 Employee leaving during notice period

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

12.4 Job search entitlement

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

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

    (c) This entitlement applies instead of clause 11.3.

12.5 Transitional provisions –NAPSA employees

[12.5 renamed by PR503674;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503674;deleted by PR561478 ppc 06Mar15]

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. District allowances

17. Accident pay

18. Higher duties

19. Payment of wages

20. Superannuation

13. Classifications

13.1 All employees covered by this award will be classified according to the structure set out in Schedule B—Classifications.

13.2 Employers must advise employees in writing of their level on commencement of employment and of any subsequent changes to their level. The level will be determined by the employer according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of their employment.

14. Minimum wages

[Varied by PR998012,PR509143,PR522974,PR536549,PR536777,PR544259,PR551700,PR559286,PR566792,PR579903,PR592214,PR593888]

[14.1 varied by PR998012,PR509143,PR522974,PR536777,PR551700,PR566792,PR579903,PR592214 ppc 01Jul17]

14.1 A full-time adult employee will be paid not less than the minimum weekly rate of pay applicable to the employee’s classification for their 38 ordinary weekly hours as follows:

    Classification

    Minimum weekly rate
    $

    Level 1

    742.90

    Level 2

    767.80

    Level 3

    797.30

    Level 4

    809.10

    Level 5

    859.80

    Level 6

    930.40

    Level 7

    946.50

    Level 8

    1022.80

    Level 9

    1094.10

    Level 10

    1195.90

    Level 11

    1348.50

14.2 Junior rates

    Junior employees will be paid the following percentage of the appropriate wage rate set out in clause 14.1 as follows:

    Age

    % of Minimum weekly rate

    Under 17 years

    55

    17 years

    65

    18 years

    75

    19 years

    85

    20 years

    95

14.3 Apprentices

[14.3 substituted by PR544259 ppc 01Jan14]

    (a) The terms of this award apply to apprentices,except where otherwise provided.

    (b) The weekly minimum wage rates for apprentices who commenced before 1 January 2014 are as follows:

      (i) Four year apprenticeship

      Year

      % of Level 4

      1st year

      45

      2nd year

      60

      3rd year

      75

      4th year

      90

      (ii) Three year apprenticeship

      Year

      % of Level 4

      1st year

      45

      2nd year

      70

      3rd year

      90

[14.3(c) substituted by PR566792 ppc 01Jul15]

    (c) The weekly minimum wage rates for apprentices who commenced a four year apprenticeship on or after 1 January 2014 are as follows:

    Year of apprenticeship

    Have not completed year 12

    Have completed year 12

     

    % of Level 4

    1st year

    50

    55

    2nd year

    60

    65

    3rd year

    75

    75

    4th year

    90

    90

[14.3(d) substituted by PR566792 ppc 01Jul15]

    (d) The weekly minimum wage rates for apprentices who commenced a three year apprenticeship on or after 1 January 2014 are as follows:

    Year of apprenticeship

    Have not completed year 12

    Have completed year 12

     

    % of Level 4

    1st year

    50

    55

    2nd year

    70

    70

    3rd year

    90

    90

    (e) An adult apprentice will be paid no less than the minimum weekly rate for level 2 in clause 14.1.

    (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.

[14.3(g) inserted by PR559286 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.

[14.3(h) inserted by PR559286 ppc 01Jan15]

    (h) For the purposes of clause 14.3(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.

[14.3(i) inserted by PR559286 ppc 01Jan15]

    (i) The amount payable by an employer under clause 14.3(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.

[14.3(j) inserted by PR559286 ppc 01Jan15]

    (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.

[14.3(k) inserted by PR559286 ppc 01Jan15]

    (k) An employer may meet its obligations under clause 14.3(j) by paying any fees and/or cost of textbooks directly to the RTO.

[14.3(l) inserted by PR559286 ppc 01Jan15]

    (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.

[14.3(m) inserted by PR559286 ppc 01Jan15]

    (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 D—School-based Apprentices.

[14.3(n) inserted by PR559286 ppc 01Jan15]

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

14.4 Supported wage system

14.5 School-based apprentices

14.6 National training wage

[14.6 substituted by PR593888 ppc 01Jul17]

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

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

14.7 Annualised Salaries

[14.7 inserted by PR536549 ppc 13May13]

    (a) Annual salary instead of award provisions

      Notwithstanding any other provision of this award,an employer and an employee may agree that the employer may pay the employee an annual salary in satisfaction of any or all of the following provisions of the award:

      (i) Minimum Wages –clause 14;

      (ii) Allowances –clause 15;

      (iii) Higher duties –clause 18;

      (iv) Penalty rates –clause 23;

      (v) Overtime –clause 24;and

      (vi) Annual leave loading –clause 25.4

    (b) Annual salary not to disadvantage employees

      (i) 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).

      (ii) 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.

    (c) 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 annual salary equivalent to the relevant rate of pay in clause 14 and excludes any incentive-based payments,bonuses,loadings,monetary allowances,overtime and penalties.

    (d) An annual salary agreement must:

      (i) be in writing and signed by both parties;

      (ii) state the date on which the arrangement commences;

      (iii) be provided to the employee;

      (iv) contain a provision that the employee will receive no less under the arrangement than the employee would have been entitled to if all award obligations had been met,taking account of the value of the provision of matters not comprehended by the award such as private use of an employer provided motor vehicle;

      (v) be subject to an annual review;

      (vi) contain details of any salary package arrangements,including the annual salary that is payable;

      (vii) contain details of any other non-salary benefits provided to the employee such as an employer provided motor vehicle;

      (viii) contain details of any performance pay arrangements and performance measurement indicators;

      (ix) contain the salary for the purposes of accident make up pay;and

      (x) contain the award level classification for the role.

    (e) An annual salary agreement may be terminated:

      (i) by the employer or the employee giving four weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

      (ii) at any time,by written agreement between the employer and the employee.

    (f) On termination of an annual salary agreement,the employee will revert to the Award entitlements unless a new annual salary agreement is reached.

15. Allowances

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

[Varied by PR998146,PR500775,PR503674,PR509264,PR523094,PR536549,PR536897,PR547349,PR551820,PR566921,PR579617,PR592365]

15.1 Meal allowance in relation to overtime

[15.1 varied by PR998146,PR509264,PR523094,PR536897,PR551820,PR566921,PR579617,PR592365 ppc 01Jul17]

      (a) Employees who work more than two hours’overtime in a minimum of 10 hours on duty will be paid a meal allowance of $15.14.

      (b) Where the employer requires the employee to continue working for a further four hours of continuous overtime work,the employee will be paid an additional meal allowance of $15.14.

      (c) A meal allowance is not payable:

      (i) where the employee has been notified at least 24 hours in advance of the requirement to work overtime;or

      (ii) where the employee is only required to work less than the time prescribed;or

      (iii) where a meal is provided by the employer.

15.2 Vehicle allowance

      (a) Where an employer requires an employee to use their own vehicle in or in connection with the performance of their duties,such employee will be paid an allowance for each kilometre of authorised travel as follows:

[15.2(a)(i) varied by PR523094,PR536897,PR551820 ppc 01Jul14]

      (i) motor vehicle—$0.78 per kilometre;and

[15.2(a)(ii) varied by PR551820 ppc 01Jul14]

      (ii) motorcycle—$0.26 per kilometre.

      (b) An employer may require an employee to record full details of all such official travel requirements in a log book.

15.3 Tool allowance—tradespersons and apprentices

[15.3(a) varied by PR998146,PR579617,PR592365 ppc 01Jul17]

    (a) Where the employer requires a tradesperson or an apprentice tradesperson to supply and maintain tools ordinarily required by the employee in the performance of their duties as a tradesperson,the employee will be paid an additional weekly amount of $19.00.

    (b) This provision will not apply where the employer provides the tradesperson or apprentice with the required tools or while employees are absent from work.

15.4 Transfers,travelling and working away from normal starting point

      (a) Normal starting point

      (i) All employees upon engagement will be given a starting point which will be,subject to clause 15.4(a)(v),the commencement point of their daily work activities.

      (ii) For the purposes of this clause,normal starting point means a workshop,depot,office or facility to which the employee is usually assigned or any other designated starting and/or finishing point.

      (iii) Unless otherwise provided,each employee will be attached to one normal starting point only.

      (iv) An employee may be attached to more than one normal starting point where multiple starting points form part of the nature of the work being performed.

      (v) An employee may be transferred to a different normal starting point within the employer’s local government area at any time by the giving of reasonable notice provided that the relocation is reasonable in the circumstances and does not unreasonably disadvantage the employee.

      (b) Excess travelling time and fares

      (i) Where an employer requires an employee,other than a casual,to start work at a place away from the employee’s normal starting point,the employer will pay the employee:

        ●excess travelling time—at the employee’s ordinary rate for all time reasonably spent reaching and/or returning from the job which is in excess of the time normally spent in travelling between the employee’s usual residence and their normal starting point;and

        ●excess fares—any fares reasonably incurred by the employee that are in excess of the fares normally incurred in travelling between the employee’s usual residence and the employee’s normal starting point. The excess fares allowance will not be paid where the employee is provided with a vehicle by the employer or is paid the allowance as provided in clause 15.2 or has an arrangement with the employer for a regular vehicle allowance in excess of the allowance provided in clause 15.2.

      (ii) Where a community services employee providing home care is required by the employer to travel between two or more work locations in any one day the employee will be reimbursed for travel expenses incurred for travel between the first and successive service points and will be paid at the appropriate rate of pay during travel time between the first and successive service points.

15.4A Camping allowance

[15.4A inserted by PR547349 ppc 31Jan14]

    (a) An employee required to camp at the site of any work by direction of the employer or because no reasonable transport facilities are available to enable the employee to proceed to and from home each day will be paid a camping allowance of 115% of the standard rate per night as a camping allowance.

    (b) At the end of each working week the employee shall be allowed to return to the employee’s home and in such cases all the time reasonably required for travelling to and from the employee’s home shall be treated as time of duty in addition to the time of actual working.

15.5 Reimbursement of expenses

    (a) All reasonable expenses incurred by the employee at the direction of the employer,including out-of-pocket expenses,course fees and materials,telephones,accommodation,travelling expenses and the cost of special protective clothing,incurred in connection with the employee’s duties will be paid by the employer and,where practicable will be included in the next pay period.

    (b) The method and mode of travelling or the vehicle to be supplied or to be used will be arranged mutually between the employer and the employee. Travelling arrangements will be agreed between the employer and the employee in advance.

    (c) The employer will reimburse an employee,other than a tradesperson or apprentice,for the cost of any tools,instruments or special equipment purchased and supplied by the employee at the direction of the employer. However,reimbursement need not be made if the employer supplies the tools,instruments or equipment.

    (d) The employer may require the employee to present proof of payment prior to the reimbursement.

15.6 Leading hand allowance

    An employee at Level 3,4 or 5 who is required by the employer to supervise other employees will be paid an allowance in addition to their classification rate of pay as follows:

Supervisor’s classification level

Number of employees supervised

% of the standard rate per week

3 or 4

1 to 5

110

3 or 4

6 to 15

150

3,4 or 5

Over 15

190

    NOTE:The Level 1 and Level 2 classifications do not involve the supervision of other employees.

15.7 First aid allowance

    (a) Where an employee who holds an appropriate first aid qualification is appointed by the employer to perform first aid duty,such an employee will be paid an additional weekly allowance of 70% of the standard hourly rate.

    (b) Clause 15.7(a) will not apply where the requirement to hold a first aid certificate is a requirement of the position.

[15.7(c) inserted by PR536549 ppc 13May13]

    (c) First aid allowance is payable during periods of paid leave.

15.8 Adverse working conditions

      (a) Operational and trade employees engaged in Levels 1 to 5 of this award will be paid an additional hourly allowance at the rate specified in clause 15.8(b) for all time worked by direction under adverse working conditions as defined in clause 15.8(c) provided that in all cases,in addition to the payment of this allowance,the employer will supply all appropriate protective clothing and equipment for working in the particular adverse conditions.

      (b) An employee will be paid an additional hourly allowance for each hour in which work under adverse working conditions is performed as follows:

      (i) Level 1 working conditions—3.5% of the standard rate;or

      (ii) Level 2 working conditions—5% of the standard rate;or

[15.8(b)(iii) varied by PR500775 ppc 18Feb10]

      (iii) Level 3 working conditions—50% of the standard rate.

      (c) Definition of adverse working conditions definition

      (i) Level 1 working conditions

[15.8(c)(i) varied by PR536549 ppc 13May13]

        The Level 1 working conditions allowance compensates for all adverse conditions associated with working outdoors and/or for moderately obnoxious,offensive or dirty working conditions,including:

        ●working in confined or cramped spaces;

        ●working in wet places;

        ●working in hot places where temperatures are artificially raised above 45 degrees Celsius;

        ●working at heights above 5 metres from the ground or other stable surface,including on temporary structures;

        ●working in dusty,muddy or dirty conditions;

        ●cleaning of public toilets and animal shelters;

        ●operating mechanical and pneumatic equipment;

        ●removing or destroying dead animals;

        ●handling or use of herbicides,insecticides and/or other poisonous or toxic substances;

        ●working with dirty materials such as asphalt,concrete,epoxy compounds,green or second-hand timber,insulation materials,grease,oil and other dirty building and construction materials;

        ●collection,removal and/or disposal of non-putrescible waste;

        ●collection,removal and/or disposal of non-putrescible waste by mechanical means;and

        ●fighting fires.

      (ii) Level 2 working conditions

        The Level 2 working conditions allowance compensates for the nature of highly obnoxious,offensive or dirty working conditions,which typically includes:

        ●clearing of sewer chokes;

        ●maintenance,connections to and/or repair of sewerage equipment;

        ●cleaning septic tanks,septic closets and/or chemical closets by mechanical means;

        ●reopening or exhumation of graves;digging graves in wet ground or where there is seepage from adjacent graves;

        ●handling infected materials;

        ●collection,removal and/or disposal of putrescible waste other than by mechanical means;

        ●working at waste depots,waste collection and/or waste transfer stations (other than employees engaged in gardening and/or lawn maintenance and employees engaged to work in enclosed weighbridges);and

        ●engaged in the collection,removal and/or disposal of,sludge from cess pits and/or grease traps.

      (iii) Level 3 working conditions

        The Level 3 working conditions allowance compensates for the nature of extremely obnoxious,offensive or dirty work in septic and sewerage treatment services,which typically includes:

        ●working in digestion tanks at sewerage treatment works;

        ●entering and cleaning aeration ponds or wet wells at sewer pump stations;

        ●working in live sewers;and

        ●cleaning septic tanks,septic closets and/or chemical closets by other than mechanical means.

      (d) An employer may make an average payment equivalent to an agreed number of hours per week where the employee is regularly required to work under adverse working conditions as defined in clause 15.8(c).

      (e) Adverse working conditions allowances are not payable during periods of leave.

15.9 Transitional provision—payment of fares and library allowance

[15.9(a) substituted by PR503674 ppc 01Jan11]

    (a) An employee is entitled to the payment of fares on engagement or completion of employment (fares) or a library allowance in accordance with the terms of a federal award applying in only one State or Territory made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006,a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:

      (i) if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument,enterprise agreement or Division 2B State employment agreement had applied to the employee;and

      (ii) that would have entitled the employee to provisions for the payment of fares on engagement or completion of employment in excess of the employee’s entitlement to such fares or library allowance under this award,

      is entitled to the amount of such fares or library allowance which exceeds the employee’s entitlement,if any,in respect of those matters under this award.

    (b) Clause 15.9 ceases to operate on 31 December 2014.

15.10 Adjustment of expense related allowances

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

[15.10(b) varied by PR523094 ppc 01Jul12]

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

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

    Vehicle allowance

    Private motoring sub-group

    Tool allowance

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

   

16. District allowances

[16 deleted by PR561478 ppc 05Mar15]

17. Accident pay

[Varied by PR503674;deleted by PR561478 ppc 05Mar15]

18. Higher duties

[18.1 substituted by PR536549 ppc 13May13;varied by PR547349]

18.1 An employee directed or appointed to relieve in a higher level position where the employee is required to perform the substantive functions of the role for more than one day will be paid at the higher hourly ordinary award rate pursuant to clause 14.1.

[18.2 substituted by PR547349 ppc 31Jan14]

18.2 Subject to subclause 18.3,higher duties will not be paid when the relieving employee is absent on leave or on a public holiday.

[18.3 inserted by PR547349 ppc 31Jan14]

18.3 (a) Where an employee performs higher duties and is in receipt of a higher hourly ordinary time rate of pay for three (3) continuous months or more immediately prior to commencing a period of paid annual leave or paid personal/carer’s leave the leave shall be paid at the higher hourly ordinary time rate of pay.

    (b) The amount of annual leave or personal/carer’s leave that is paid at the higher hourly ordinary time rate of pay shall be proportional to the amount of annual leave or personal/carer’s leave accrued whilst performing the higher duties work.

19. Payment of wages

At the employer’s discretion,employees will be paid weekly,fortnightly or as otherwise agreed by the employer and employee,by electronic funds transfer into the employee’s nominated account or other agreed method.

20. Superannuation

[Varied by PR546113,PR549543]

20.1 Superannuation legislation

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

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

20.2 Employer contributions

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

20.3 Voluntary employee contributions

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

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

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

20.4 Superannuation fund

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

[20.4(a) deleted by PR546113 ppc01Jan14]

[20.4(b) deleted by PR546113 ppc01Jan14]

[20.4(c) deleted by PR546113 ppc01Jan14]

[20.4(d) renumbered as 20.4(a) by PR546113 ppc01Jan14]

    (a) LGsuper;

[20.4(e) renumbered as 20.4(b) by PR546113 ppc01Jan14]

    (b) Local Government Superannuation Scheme (LGSS);

[20.4(f) deleted by PR546113 ppc01Jan14]

[20.4(g) renumbered as 20.4(c) by PR546113 ppc01Jan14]

    (c) Quadrant Superannuation Scheme;

[20.4(h) renumbered as 20.4(d) by PR546113 ppc01Jan14]

    (d) Tasplan;

[20.4(i) renumbered as 20.4(e) by PR546113 ppc01Jan14]

    (e) Vision Super;

[20.4(j) renumbered as 20.4(f) by PR546113 ppc01Jan14]

    (f) WA Local Government Superannuation Plan;

[New 20.4(g) inserted by PR549543 ppc 01Jan14]

    (g) City of Perth Superannuation Fund;

[New 20.4(h) inserted by PR549543 ppc 01Jan14]

    (h) Local Super;

[20.4(k) renumbered as 20.4(g) and varied by PR546113 ppc 01Jan14;renumbered as 20.4(i) by PR549543 ppc 01Jan14]

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

[New 20.4(h) inserted by PR546113 ppc01Jan14;renumbered as 20.4(j) by PR549543 ppc 01Jan14]

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

20.5 Absence from work

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

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

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

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

      (ii) the employee remains employed by the employer.

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work and rostering

22. Meal breaks

23. Penalty rates

24. Overtime

21. Ordinary hours of work and rostering

[Varied by PR536549]

21.1 For the purpose of the NES,ordinary hours of work under this award are 38 per week.

21.2 Days on which ordinary hours can be worked

    (a) Except as otherwise provided,days on which an employee’s ordinary hours can be worked are Monday to Friday.

    (b) Days on which ordinary hours for employees in the following roles or work areas can be worked are Monday to Sunday:

      (i) aerodromes/airports;

[21.2(b)(ii) varied by PR536549 ppc 13May13]

      (ii) caretakers/hall keepers/caravan park employees;

      (iii) catering/hospitality;

      (iv) cleaners;

      (v) community services;

      (vi) customer service centres;

      (vii) garbage,sanitary and sullage services;

      (viii) local law enforcement and community safety services;

      (ix) libraries;

      (x) livestock and saleyards;

      (xi) parking station attendants;

[21.2(b)(xii) varied by PR536549 ppc 13May13]

      (xii) recreation centres/golf courses;and

      (xiii) tourism services.

    (c) Except as otherwise provided,an employee who works ordinary hours on a Saturday or Sunday in a role/work area as prescribed in clause 21.2(b) will be entitled to weekend penalty rates in accordance with clause 23.2.

21.3 Span of ordinary hours

    (a) The span of ordinary hours of work on a day on which ordinary hours can be worked will be between 6.00 am and 6.00 pm,except for employees engaged in the following roles/work areas:

      (i) childcare services—the span of hours will be 6.00 am to 7.00 pm;

      (ii) libraries—the span of hours will be 8.00 am to 9.00 pm;and

      (iii) aerodromes,airports,caretakers,catering,cleaners,community services,garbage,sanitary and sullage services,hall keepers,hospitality,livestock and saleyards,local law enforcement and community safety services,parking station attendants,recreation centres and tourism services—the span of hours will be 5.00 am to 10.00 pm.

    (b) An employee may work ordinary hours outside of the span provided in this clause,provided the employee is paid a weekday penalty in accordance with clause 23.1 for hours actually worked.

21.4 Arrangements of hours

    (a) The ordinary hours of work for a full-time employee are an average of 38 hours per week (not including unpaid meal breaks) over a period of 28 days worked.

    (b) If an accrued rostered day off falls on a public holiday as prescribed in the NES,the next working day will be substituted,or another day by written agreement.

21.5 Maximum ordinary hours in a day

    An employee may work up to a maximum of 10 ordinary hours on any day/shift (excluding unpaid meal breaks) or,by agreement between the employer and employee,up to a maximum of 12 ordinary hours on any day/shift.

21.6 Rosters and changes to rosters

    (a) A roster for full-time and part-time employees showing normal starting and finishing times and the surname and initials of each employee will be prepared by the employer and will be made available to employee/s at their request.

    (b) A roster can be altered by mutual consent at any time and may be altered by the employer on seven days’notice. Where practicable,two weeks’notice of rostered day or days off should be given provided that the days off may be changed by mutual consent or through illness or other cause over which the employer has no control.

21.7 Flexible working arrangements

    An employer and employee may agree to flexible working arrangements which include flexitime,banked hours,make-up time,accrued and rostered days off,and/or seasonal working arrangements.

22. Meal breaks

[Varied by PR547349]

22.1 An employee will not be required to work more than five hours without receiving an unpaid meal break of at least 30 minutes.

22.2 In the case of unforeseen circumstances,the meal break may be delayed and will be taken as soon as practicable,subject to the observance of appropriate health and safety standards.

[22.3 inserted by PR547349 ppc 31Jan14]

22.3 An employer may require an employee in the following roles or work areas to remain at their place of work during the meal break if a replacement employee is not reasonably available:

    (a) Childcare services;

    (b) Recreation centres;

    (c) Tourism services;

    (d) Community services.

    Provided that where the employee is required to perform work during their meal break the employee shall have their meal break extended so that they receive an unpaid meal break of at least 30 minutes in the aggregate.

23. Penalty rates

23.1 Weekday penalty rates

      An employee required to work ordinary hours on a Monday to Friday outside the span of hours provided in clause 21.3 will be paid a penalty of 20% in addition to the hourly ordinary time rate for hours worked outside of such span.

23.2 Weekend penalty rates

      An employee who works on a Saturday or Sunday in a role/work area specified in clause 21.2(b) will be entitled to the following penalties for all ordinary hours worked:

      (a) all ordinary hours worked on a Saturday will be paid at the rate of time and a half. Saturday is taken to commence at midnight on Friday and finish at midnight on Saturday;

      (b) all ordinary hours worked on a Sunday will be paid at the rate of time and three quarters. Sunday is taken to commence at midnight on Saturday and finish at midnight on Sunday;and

      (c) weekend penalty rates for ordinary hours worked in accordance with clauses 23.2(a) and (b) will be paid for the actual time worked on Saturday and/or Sunday.

23.3 Weekend penalties for recreation centres and community services

    Employees engaged in recreation centres or community services will not be entitled to weekend penalty rates for ordinary hours worked on Saturday or Sunday between the hours of 5.00 am and 10.00 pm. All other weekend hours for such employees will be paid according to clause 23.2.

24. Overtime

[Varied by PR536549,PR575440, PR584116]

24.1 Overtime

    Unless otherwise provided,overtime means all work performed at the direction of the employer:

    (a) in excess of the employee’s ordinary weekly hours as specified in clause 21.1;

    (b) on days other than ordinary working days as specified in clause 21.2;or

    (c) in excess of the maximum ordinary hours on any day provided by clause 21.5.

24.2 Payment for overtime

    (a) Except as otherwise provided,overtime will be paid at the rate of time and a half for the first two hours and double time thereafter.

[24.2(b) substituted by PR575440 ppc 23Dec15]

    (b) Overtime worked from 12 noon on a Saturday and all day on a Sunday will be paid at the rate of double time.

    (c) The payment for overtime rates is calculated on the employee’s hourly ordinary time rate.

[24.2(d) inserted by PR536549 ppc 13May13]

    (d) In computing overtime,each day’s work stands alone.

24.3 Time off instead of payment for overtime

[24.3 substituted by PR584116 ppc 22Aug16]

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

    (b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 24.3.

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

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

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

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

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

      Note:An example of the type of agreement required by this clause is set out at Schedule J. There is no requirement to use the form of agreement set out at Schedule J. An agreement under clause 24.3 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

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

      EXAMPLE:By making an agreement under clause 24.3 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

    (e) Time off must be taken:

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

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

    (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 24.3 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

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

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

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

    (j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 24.3 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

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

    (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 24.3 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.3.

24.4 Rest period after overtime

      (a) Wherever reasonably practicable,working hours should be arranged so that an employee has at least 10 consecutive hours off duty between the work on successive days or shifts.

      (b) An employee,other than a casual employee,who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the employee has not had at least 10 consecutive hours off duty between those times must,subject to the other provisions of this clause,be released until the employee has had 10 consecutive hours off duty without loss of pay of ordinary hours occurring during such absence.

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

      (d) On call,call-back and remote response

      Notwithstanding clauses 24.4(a) to (c),this clause will not apply where an employee works for less than three hours on call,call-back or remote response on any one day in accordance with clauses 24.5 or 24.6.

24.5 Call-back

      (a) For the purposes of this award,an employee will be deemed to be on a call-back if the employee is recalled to work overtime after leaving the employer’s premises or worksite and without receiving prior notice of the requirement to work overtime before ceasing work. Provided that employees will not be deemed to be on call-back where the employee works such overtime continuous with the employee’s ordinary hours.

      (b) Any employee who is called back to work will be paid for a minimum of three hours’work at the appropriate overtime rate for each time so recalled. Provided that any subsequent call-backs occurring within three hours of a call-back will not attract any additional payment. An employee working on a call-back will be paid the appropriate overtime rate from the time that such employee departs for work.

    (c) Except in the case of unforeseen circumstances arising,the employee will not be required to work the full three hours if the job that the employee was recalled to perform is completed within a shorter period. This clause will not apply in cases where the call-back is continuous subject to a reasonable meal break with the commencement of ordinary hours.

24.6 On call

      (a) An employee directed by the employer to be available for duty outside of the employee’s ordinary working hours will be on call. An employee on call must be able to be contacted and immediately respond to a request to attend work.

      (b) On call allowance

      Where the employee is on call,the employee will be paid an on call allowance each day equivalent to:

      (i) one hour at the standard rate for an employee on call,Monday to Friday inclusive;

      (ii) one and a half hours at the standard rate if required to be on call on a Saturday;or

      (iii) two hours at the standard rate if required to be on call on a Sunday or a public holiday.

      (c) Call out

      An employee who is on call and in receipt of an on call allowance will be paid at the appropriate overtime rate for time required to attend work. Actual time worked will be deemed to apply from the time the employee leaves home.

      (d) Remote response

      An employee who is in receipt of an on call allowance and available to immediately:

      (i) respond to phone calls or messages;

      (ii) provide advice (‘phone fixes’);

      (iii) arrange call out/rosters of other employees;and

      (iv) remotely monitor and/or address issues by remote telephone and/or computer access,

      will be paid the applicable overtime rate for the time actually taken in dealing with each particular matter.

    (e) An employee remotely responding will be required to maintain and provide to the employer a time sheet of the length of time taken in dealing with each matter remotely for each day commencing from the first remote response. The total overtime paid to an employee for all time remotely responding in any day commencing from the first response will be rounded up to the nearest 15 minutes.

24.7 Sleepover allowance

      (a) A community service employee who is required to be present at the workplace for any period while on a sleepover shift will be paid 50% of the standard rate for each hour plus the on call allowance provided for in clause 24.6(b).

      (b) Time spent while on a sleepover shift will not be regarded as ordinary hours or as time worked for any purpose whatsoever.

      (c) Payment of the on call allowance referred to in clause 24.7(a) will be payment for work undertaken by the employee during any continuous period of a sleepover shift unless the work is in excess of either:

      (i) one hour;or

      (ii) two call outs.

      (d) Subject to clause 24.7(c),an employee called out to work will be paid at overtime rates for the period of the call out with a minimum payment of 30 minutes.

      (e) A sleepover shift will not exceed 12 hours unless the premises at which the employee is required to remain is the employee’s principal place of residence,in which case the employee may be on a sleepover shift for up to 14 hours.

      (f) An employee will not be entitled to the sleepover shift allowance prescribed by this clause for any hour in respect of which they are entitled to payment for ordinary hours or overtime.

Part 6—Leave and Public Holidays

25. Annual leave

25A. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Parental leave

28. Public holidays

29. Transitional provision—annual leave,personal/carer’s or sick leave and compassionate or bereavement leave

25. Annual leave

[Varied by PR998674,PR547349,PR567238,PR583026]

25.1 Annual leave is provided for in the NES. This clause supplements or deals with matters incidental to the NES provisions.

25.2 Shiftworkers for the purposes of the NES

[25.2 substituted by PR567238 ppc 27May15]

    For the purpose of s.87(1)(b) of the Act,a shiftworker is an employee:

    (a) who works a roster and who,over the roster cycle,may be rostered to work ordinary shifts on any of the seven days of the week;and

    (b) who is regularly rostered to work on Sundays and public holidays.

25.3 Payment for annual leave

[25.3 substituted by PR547349 ppc 31Jan14]

    Employees will be paid their hourly ordinary time rate of pay during periods of annual leave for the hours so taken.

25.4 Annual leave loading

      (a) The employee will be paid an annual leave loading of 17.5% calculated on the employee’s minimum weekly rate of pay in addition to payment for annual leave provided.

      (b) Annual leave loading will,at the discretion of the employer,be paid in any of the following ways:

      (i) on the anniversary date of employment;

      (ii) on the same date each year as determined by the employer;or

      (iii) when taking annual leave.

      (c) The maximum amount of annual leave loading that an employer may be required to pay in any year of service will not exceed 70% of the minimum weekly rate for Level 11.

25.5 Annual close-down

[25.5 renamed and substituted by PR583026 ppc 29Jul16]

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

25.6 Excessive leave accruals:general provision

[25.6 inserted by PR583026 ppc 29Jul16]

    Note:Clauses 25.6 to 25.8 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

    (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave (or 10 weeks’paid annual leave for a shiftworker,as defined by clause 25.2).

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

    (c) Clause 25.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

    (d) Clause 25.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[25.7 deleted by PR998674 ppc 01Jan10]

[25.7 inserted by PR583026 ppc 29Jul16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 25.6(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

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

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.6,25.7 or 25.8 or otherwise agreed by the employer and employee) are taken into account;and

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

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

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

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

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

    Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 25.7(b)(i).

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

25.8 Excessive leave accruals:request by employee for leave

[25.8 inserted by PR583026 ppc 29Jul16;substituted by PR583026 ppc 29Jul17]

    (a) If an employee has genuinely tried to reach agreement with an employer under clause 25.6(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

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

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

      (ii) the employee has not been given a direction under clause 25.7(a) that,when any other paid annual leave arrangements (whether made under clause 25.6,25.7 or 25.8 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

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

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.6,25.7 or 25.8 or otherwise agreed by the employer and employee) are taken into account;or

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

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

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

    (d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 25.2) in any period of 12 months.

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

25.9 Annual leave in advance

[25.6 renumbered as 25.9 by PR583026 ppc 29Jul16;25.9 renamed and substituted by PR583026 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 25.9 is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H.

    (c) The employer must keep a copy of any agreement under clause 25.9 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 25.9,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.

25.10 Cashing out of annual leave

[25.10 inserted by PR583026 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.10.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.10.

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

    (d) An agreement under clause 25.10 must state:

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

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

    (e) An agreement under clause 25.10 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

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

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

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

    (i) The employer must keep a copy of any agreement under clause 25.10 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 25.10.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 25.10.

    Note 3:An example of the type of agreement required by clause 25.10 is set out at Schedule I. There is no requirement to use the form of agreement set out at Schedule I.

25A. Personal/carer’s leave and compassionate leave

[25A inserted by PR998674 ppc 01Jan10]

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

26. Community service leave

Community service leave is provided for in the NES.

27. Parental leave

Parental leave is provided for in the NES.

28. Public holidays

28.1 Public holidays are provided for in the NES.

28.2 Where an employee is required to work on a public holiday they will be paid at the rate of double time and a half for the actual hours worked.

28.3 Where an employee is required to work on the observed public holiday they will be paid at the rate of double time and a half for the actual hours worked. An employee who works on an observed and actual public holiday will be paid the penalty rate for working on the observed public holiday,but not both.

28.4 An employer and employee may agree to substitute a public holiday as provided by the NES with an alternative day.

28.5 When a public holiday occurs on a day on which an employee is rostered off while employed on a seven day a week rotating roster system,the employee will be paid a day’s pay at ordinary rates in addition to the ordinary week’s pay. The employer may instead of making such additional payment,grant a day’s leave for each such public holiday which may be taken at such time as is mutually agreed to between the employer and the employee.

29. Transitional provision—annual leave,personal/carer’s or sick leave and compassionate or bereavement leave

[29 inserted by PR998674 ppc 01Jan10;varied by PR503674]

29.1 Transitional provision –other than Division 2B State award employees

[29.1 heading inserted by PR503674 ppc 01Jan11]

    (a) An employee who is entitled to annual leave,personal/carer’s or sick leave or compassionate or bereavement leave in accordance with the terms of a notional agreement preserving a State award or a federal award applying in only one State or Territory:

      (i) that would have applied to the employee immediately prior to 1 January 2010,if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or no agreement made under the Act had applied to the employee;and

      (ii) that would have entitled the employee to personal or sick leave in excess of the employee’s entitlement to such leave under this award or the NES,

      is entitled to the amount of such leave which exceeds the employee’s entitlement to such leave under this award or the NES.

[29.1(b) varied by PR503674 ppc 01Jan11]

    (b) Clause 29.1 ceases to operate on 31 December 2014

29.2 Transitional provision –Division 2B State award employees

[29.2 inserted by PR503674 ppc 01Jan11]

    (a) An employee who is entitled to annual leave,personal/carer’s or sick leave or compassionate or bereavement leave in accordance with the terms of a Division 2B State award:

      (i) that would have applied to the employee immediately prior to 1 January 2011,if the employee had at that time been in their current circumstances of employment and no Division 2B State employment agreement or enterprise agreement made under the Act had applied to the employee;and

      (ii) that would have entitled the employee to personal or sick leave in excess of the employee’s entitlement to such leave under this award or the NES,

      is entitled to the amount of such leave which exceeds the employee’s entitlement to such leave under this award or the NES.

    (b) Clause 29.2 ceases to operate on 31 December 2014.

Schedule A—Transitional Provisions

[Varied by PR503674]

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 PR503674 ppc 01Jan11]

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

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

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

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

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

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

Schedule B—Classifications

This award structure consists of skill-based classifications defined according to the following skill descriptors. Various positions may also require employees to hold and maintain appropriate licences,certificates and/or tickets for the operation of machinery,plant and/or tools.

B.1 Level 1

Level 1 covers entry level for operational employees with minimal experience and qualifications.

B.1.1 Authority and accountability:Completion of generic and basic tasks involving the utilisation of basic skills under established practices and procedures. Individual or team work is closely monitored under direct supervision.

B.1.2 Judgment and problem solving:Judgment is minimal and work activities include routine and clearly defined work which is co-ordinated by other employees. The tasks to be performed may involve the use of a basic range of tools,techniques and methods within a limited range of work.

B.1.3 Specialist knowledge and skills:Job specific knowledge and skill are obtained through on-the-job training and workplace-based induction training.

B.1.4 Management skills:Not required at this level.

B.1.5 Interpersonal skills:Limited to basic communications with other staff and possibly with the public.

B.1.6 Qualifications and experience:An employee in this level will have commenced on-the-job training,which may include an induction course.

B.2 Level 2

Level 2 covers operational employees undertaking duties and responsibilities in excess of Level 1 with relevant local government industry or equivalent experience.

B.2.1 Authority and accountability:Completion of basic tasks involving the utilisation of a range of basic skills under established practices and procedures. Work is monitored under supervision either individually or in a team environment.

B.2.2 Judgment and problem solving:Judgment is limited to the tasks to be performed and may involve the use of a limited range of tools,techniques and methods within a specified range of work. An employee may resolve minor problems that relate to immediate work tasks.

B.2.3 Specialist knowledge and skills:Obtained through on-the-job training and workplace induction training. May include off-the-job training through accredited short courses.

B.2.4 Management skills:Not required at this level.

B.2.5 Interpersonal skills:Limited to basic communications with other staff and possibly with the public.

B.2.6 Qualifications and experience:Completion of Year 10 and/or an appropriate labour market program or similar work/skills.

B.3 Level 3

Level 3 covers operational employees undertaking duties and responsibilities in excess of Level 2 and entry level administrative employees.

B.3.1 Authority and accountability:Responsible for completion of regularly occurring tasks with general guidance on a daily basis. May supervise work or provide on-the-job training,based on their skills and/or experience,to employees of the same or lower levels.

B.3.2 Judgment and problem solving:Personal judgment is required to follow predetermined procedures where a choice between more than two options is present. Work performed falls within general guidelines but with scope to exercise discretion in the application of established practices and procedures.

B.3.3 Specialist knowledge and skills:Application of developed skills acquired through on-the-job training or accredited external training over a number of months. Positions may require demonstrated competence in administrative areas.

B.3.4 Management skills:Not required at this level.

B.3.5 Interpersonal skills:Employees at this level require communication skills to enable them to effectively communicate with clients,other employees and members of the public and in the resolution of minor matters.

B.3.6 Qualifications and experience:Qualifications or relevant experience in accordance with the requirements of work in this level,which may be acquired through a Certificate II or a non-trades Certificate III,however described.

B.4 Level 4

Level 4 covers operational and administrative employees undertaking duties and responsibilities in excess of Level 3 and is the entry level for technical and trades employees.

B.4.1 Authority and accountability: Work performed is within general guidelines. May supervise work or provide on-the-job training,based on their skills and/or experience,to employees of the same or lower levels. Responsible for leading employees in operational duties or the application of trades,administrative or technical skills.

B.4.2 Judgment and problem solving:The nature of the work is clearly defined with procedures well understood. Tasks performed may involve selection from a range of existing techniques,systems,equipment,methods or processes. Guidance is available from more senior staff.

B.4.3 Specialist knowledge and skills: Requires demonstrated competence in a number of key skill areas related to major elements of the job. Proficiency in the application of standardised procedures and practices. May also include the operation of tools,plant,machinery and/or equipment,in accordance with the requirements of the position. Performance of trades and non-trade tasks incidental to the work.

B.4.4 Management skills:Provide employees with on-the-job training,guidance and basic knowledge of workplace policies and procedures. Employees may lead small groups of employees at the ‘work face’.

B.4.5 Interpersonal skills: Employees at this level require effective communication skills to enable them to communicate with clients,other employees and members of the public and in the resolution of routine and usual matters.

B.4.6 Qualifications and experience:Qualifications or relevant experience in accordance with the requirements of work in this level which may be acquired through:

    (a) a trade certificate or equivalent;

    (b) completion of accredited/industry-based training courses equivalent to a Certificate IV (non-trade);and/or

    (c) knowledge and skills gained through on-the-job training.

B.5 Level 5

Level 5 covers technical,administrative and trades employees undertaking duties and responsibilities in excess of Level 4.

B.5.1 Authority and accountability: The exercise of discretion within standard practices and processes and may involve the exercise of high precision occupational skills using various specialised techniques,systems,equipment,methods or processes. Positions provide local decisions,direction,leadership and on-the-job training to supervised employees or groups of employees.

B.5.2 Judgment and problem solving:Skills to solve problems which require assessment of a range of options having elements of complexity in reaching decisions and making recommendations. For supervisors,the work processes often requires the quantification of the amount of resources needed to meet those objectives. Assistance may be readily available from other staff in the work area in solving problems.

B.5.3 Specialist knowledge and skills: Specialist knowledge in a number of advanced skill areas relating to the more complex elements of post-trades or specialist disciplines either through formal training programs or on-the-job training.

B.5.4 Management skills:May require skills in co-ordinating a team of employees,to motivate and monitor performance against work outcomes. Positions may lead large groups of employees at the ‘work face’.

B.5.5 Interpersonal skills:Persuasive communication skills are required to participate in specialised discussions to resolve issues,including explaining policy to the public and/or others and reconciling different points of view.

B.5.6 Qualifications and experience:Positions require thorough working knowledge and experience of all work procedures for the application of technical,trades or administrative skills,based upon suitable certificate or post-certificate level qualifications which may include:

    (c) post-trade certificate and/or other post-secondary qualification below diploma or degree;or

    (d) extensive knowledge and skill gained through on-the-job training in accordance with the requirements of the work in this level.

B.6 Level 6

Level 6 covers administrative,technical or trades employees undertaking duties and responsibilities in excess of Level 5.

B.6.1 Authority and accountability:May be responsible for providing a specialised/technical service and for completing work with elements of complexity. May make internal and external recommendations which represent the employer to the public and/or other organisations. Employees are accountable for the quality,effectiveness,cost and timeliness of the programs,projects or work plans under their control and for safety and security of the assets being managed.

B.6.2 Judgment and problem solving:Judgment and problem solving skills are required where there is a lack of definition requiring analysis of a number of options. Typical judgments may require variation of work priorities and approaches;some creativity and originality may be required. Guidance and counsel may be available within the time available to make a choice.

B.6.3 Specialist knowledge and skills:Employees have advanced knowledge and skills in a number of areas where analysis of complex options is involved.

B.6.4 Management skills: May provide higher level supervision of groups of operational,administrative,trades or technical employees. Employees supervised may be in a number of different work areas,requiring motivation,monitoring,managing and co-ordination to achieve specific outputs. Positions may require an understanding and implementation of relevant employment policies and practices.

B.6.5 Interpersonal skills:Skills to communicate with employees in lower levels and the public. Employees in this level are expected to write detailed and non-standard reports and correspondences in their field of expertise.

B.6.6 Qualifications and experience:Positions require working knowledge and experience of all work procedures for the application of technical,trades or administrative skills in the most complex areas of the job and suitable qualifications,which may include:

    (a) diploma or advanced diploma;or

    (b) appropriate in-house training or equivalent.

B.7 Level 7

Level 7 covers specialist technical employees undertaking duties in excess of Level 6 and is the entry level for graduate professional employees.

B.7.1 Authority and accountability: Provides professional and/or specialist technical services to complete assignments or projects in consultation with other employees. May work with a team of employees requiring the review and approval of more complex elements of the work.

B.7.2 Judgment and problem solving: Problems require assessment of a range of options having elements of complexity in reaching decisions and making recommendations. Precedent is available from the employer’s internal sources,and assistance is usually available from other professional and/or specialist technical employees in the work area.

B.7.3 Specialist knowledge and skills: Positions require considerable knowledge and a level of skill in a specific area to resolve issues having elements of complexity which may not be clearly defined.

B.7.4 Management skills: Technical and administrative employees at this level may manage minor projects involving employees in lower levels and other resources. Graduate professional employees at this level are not expected to perform such management functions.

B.7.5 Interpersonal skills: Persuasive skills are required to participate in technical discussions to resolve problems,explain policy and reconcile viewpoints. Employees may write reports in the field of their expertise and/or prepare external correspondence.

B.7.6 Qualifications and experience: Skills and knowledge needed are beyond those normally acquired through the completion of secondary education alone and normally acquired through completion of a degree with little or no relevant work experience,or a diploma with considerable work experience.

B.8 Level 8

Level 8 covers professionals/specialists positions that provide both advisory and project management responsibilities in excess of Level 7. The positions in Level 8 generally have a major impact upon the day-to-day operations of a function,department or work area of the employer.

B.8.1 Authority and accountability: Provides a specialist service in the completion of work and/or projects which have elements of complexity (composed of many parts that may be more conceptual than definite).

B.8.2 Judgment and problem solving: Positions require the interpretation of information and development of suitable procedures to achieve satisfactory outcomes. The nature of the work is usually specialised with methods,procedures and processes developed from theory or precedent. Decision making requires analysis of data to reach decisions and/or determine progress.

B.8.3 Specialist knowledge and skills: Positions require the application of extensive knowledge and a high level of skill in a specific area to resolve issues having elements of complexity.

B.8.4 Management skills: Technical employees at this level may manage more complex projects involving people and other resources. Professional employees at this level may manage minor projects involving employees in lower levels and other resources.

B.8.5 Interpersonal skills:Interpersonal skills in leading and motivating employees in different teams/locations may be required,as well as persuasive skills to resolve problems or provide specialised advice.

B.8.6 Qualifications and experience: Employees at this level supplement base level professional qualifications with additional skills training. Considerable practical experience or skills training is required to effectively control key elements of the job.

B.9 Level 9

Level 9 involves duties and responsibilities in excess of Level 8 and typically involves key specialists in a specific field and the undertaking of a management function. Level 9 also covers experienced professionals.

B.9.1 Authority and accountability:Accountable for the effective management of major sections or projects within their area of expertise. Provides a professional advisory role to people within or outside the employer on major areas of policy or on key issues of significance to the organisation. Such advice may commit the employer and have significant impact upon external parties dealing with the employer. The position’s influence would have an important role in the overall performance of the function.

B.9.2 Judgment and problem solving:Employees have a high level of independence and determine and/or oversee the framework for problem solving or set strategic plans. At this level,the position may represent management or the employer in the resolution of problems.

B.9.3 Specialist knowledge and skills:Positions require knowledge and skills for the direction and control of a key function of the employer or major functions within a department. Positions require expert knowledge and skills involving elements of creativity and innovation in addressing and resolving major issues.

B.9.4 Management skills:Employees may direct professional or other staff in the planning,implementation and review of major programs,as well as participating as a key member of a functional team. Positions at this level may also be required to manage staff,resolve operational problems and participate in a discrete management team to resolve key problems.

B.9.5 Interpersonal skills:Interpersonal skills in leading and motivating staff will be required at this level. Positions require the ability to persuade,convince or negotiate with staff,clients,members of the public,tribunals and persons in other organisations in the pursuit and achievement of specific and set objectives. Communication skills may be required to enable provision of key advice both within and outside the employer and to liaise with external bodies.

B.9.6 Qualifications and experience: Employees will have a relevant degree or equivalent with extensive practical experience.

B.10 Level 10

Level 10 positions can be described as those which have a management focus upon the attainment of operational and strategic objectives. This level includes senior managers who report to senior executive officers.

B.10.1 Authority and accountability:Makes determinative decisions and is accountable under delegated authority. Influences day-to-day and/or strategic direction of a department. May lead development and/or implementation of policy.

B.10.2 Judgment and problem solving: Resolution of problems which require analytic reasoning and integration of wide-ranging and complex information. High level of independence in determining direction and approach to issues.

B.10.3 Specialist knowledge and skills: Positions require the application of a range of specialist knowledge and skills,including relevant legislation,policies and other areas of precedent.

B.10.4 Management skills: Application of developed management skills to establish and/or monitor goals and objectives. Manage employees,budgets,work programs or major projects of the employer or a department utilising leadership,evaluation and monitoring skills to facilitate achievement of objectives. Ability to generate innovative approaches to more effectively deploy resources,meet changing circumstances and improve services.

B.10.5 Interpersonal skills: Employees at this level are required to use highly developed interpersonal skills to influence,persuade and/or motivate others to achieve objectives critical to the employer and to resolve conflict.

B.10.6 Qualifications and experience:Employees require a relevant degree or equivalent and management experience.

B.11 Level 11

Level 11 positions can be described as those which have a management focus upon the attainment of operational and strategic objectives undertaking duties and responsibilities at a higher level than Level 10 and includes senior executive officers (but not the chief executive officer,however described) who have overall responsibility and accountability for a number of significant functions.

B.11.1 Authority and accountability:Makes determinative decisions and is accountable under delegated authority. Influences day-to-day and/or strategic direction of a department. Leads policy development and implementation.

B.11.2 Judgment and problem solving: Resolution of problems which require highly analytic reasoning and integration of wide-ranging and complex information. High level of independence in determining direction and approach to issues.

B.11.3 Specialist knowledge and skills: Positions require the application of a wide range of specialist knowledge and skills,including relevant legislation and policies and other areas of precedent.

B.11.4 Management skills: Application of highly developed management skills to establish and/or monitor goals and objectives. Manage employees,budgets,work programs or major projects of the employer or a department utilising leadership,evaluation and monitoring skills to facilitate achievement of objectives. Ability to generate innovative approaches to more effectively deploy resources,meet changing circumstances and improve services.

B.11.5 Interpersonal skills: Positions at this level are required to use highly developed interpersonal skills to influence,persuade and/or motivate others to achieve objectives critical to the employer and to resolve complex conflict situations.

B.11.6 Qualifications and experience:Positions require a relevant degree or equivalent and significant management experience.

Schedule C—Supported Wage System

[Varied by PR998748,PR510670,PR525068,PR537893,PR542232,PR551831,PR568050,PR581528,PR592689]

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

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

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

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

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

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

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

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

C.3 Eligibility criteria

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

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

C.4 Supported wage rates

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

    Assessed capacity (clause C.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

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

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

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

C.5 Assessment of capacity

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

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

C.6 Lodgement of SWS wage assessment agreement

[C.6.1 varied by PR542232 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 PR542232 ppc 04Dec13]

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

C.7 Review of assessment

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

C.8 Other terms and conditions of employment

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

C.9 Workplace adjustment

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

C.10 Trial period

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

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

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

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

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

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

Schedule D—School-based Apprentices

[Varied by PR544259]

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

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

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

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

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

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

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

[D.8 substituted by PR544259 ppc 01Jan14]

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

[D.9 substituted by PR544259 ppc 01Jan14]

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

[D.10 substituted by PR544259 ppc 01Jan14]

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

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

Schedule E—National Training Wage

[Varied by PR998012,PR509143,PR522974,PR536777,PR545787,PR551700,PR566792,PR579903;deleted by PR593888 ppc 01Jul17]

Schedule F—2016 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 ppc 31May16]

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

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

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

    (b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm 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—Municipal Managers (Tasmanian only)

[Sched G inserted by PR555189 from 15Sep14]

G.1 Application

G.1.1 Despite clause 4.3(a) of this award,this Schedule G applies to employees that,but for the termination of the Municipal Managers (Tasmania) Award 2003 pursuant to Order PR555190,would have been covered by that Award.

G.1.2 The following clauses of this award do not apply to employees under this Schedule G:

    (a) Clause 14 –Remuneration;

    (b) Clause 21 –Ordinary hours of work and rostering;

    (c) Clause 23–Penalty rates;

    (d) Clause 24–Overtime

G.1.3 This Schedule G ceases to operate on 31 December 2014.

G.2 Hours of Work

G.2.1 For the purpose of the NES,ordinary hours of work under this award are an average of 38 per week.

G.2.2 An employer may require a Municipal Manager to work reasonable overtime at overtime rates.

G.3 Salaries

G.3.1 Municipal Managers will be paid the minimum annual salary applicable to the employee’s classifications:

Classification

$Annual Salary

Municipal Manager

85,000.00

G.3.2 An employer and Municipal Manager may agree on additional compensation for:

    (a) all reasonable overtime under clause G.3.2;and/or

    (b) allowances under clause 15;and/or

    (c) annual leave loading under clause 25.4.

G.3.3 The annual salary must be no less than the amount the Municipal Manager 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).

G.3.4 For the purposes of the NES,the base rate of pay of a Municipal Manager receiving an annual salary under this clause comprises the portion of annual salary equivalent to the relevant rate of pay in clause 14 and excludes any incentive-based payments,bonuses,loadings,monetary allowances,overtime and penalties.

G.3.5 An annual salary agreement must:

    (a) be in writing and signed by both parties;

    (b) state the date on which the arrangement commences;

    (c) be provided to the Municipal Manager;

    (d) contain a provision that the Municipal Manager will receive no less under the arrangement than the Municipal Manager would have been entitled to if all award obligations had been met,taking account of the value of the provision of matters not comprehended by the award such as private use of an employer provided motor vehicle.

G.3.6 An annual salary agreement may be terminated at any time,by written agreement between the employer and the employee.

Schedule H—Agreement to Take Annual Leave in Advance

[Sched H inserted by PR583026 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 I—Agreement to Cash Out Annual Leave

[Sched I inserted by PR583026 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 J—Agreement for Time Off Instead of Payment for Overtime

[Sched J inserted by PR584116 ppc 22Aug16]

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started:___/___/20___ ____ am/pm

Date and time overtime ended:___/___/20___ ____ am/pm

Amount of overtime worked:_______ hours and ______ minutes

The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

About this document
(1)
Code:
MA000112
Title:
Local Government Industry Award 2010
Effective:
29 Jul 2017
Updated:
7 Aug 2017
Instrument Type:
Modern Award
(31)
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
Local Government Industry Award 2010
(20)
(1)
2 Sep 2016
(31)
1.0.10.0