Table of Contents - MA000116 Legal Services 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. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Junior employees

16. Higher duties

17. Supported wage system

18. National training wage

19. Allowances

20. District allowances

21. Accident pay

22. Payment of wages

23. Superannuation

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work and rostering (day workers)

25. Ordinary hours of work (continuous shiftworkers)

26. Ordinary hours of work (non-continuous shiftworkers)

27. Methods of arranging ordinary working hours

28. Daylight saving

29. Make-up time

30. Annualised salaries

31. Shiftwork

32. Rosters

33. Breaks

34. Overtime and penalty rates

Part 6—Leave and Public Holidays

35. Annual leave

36. Personal/carer’s leave and compassionate leave

37. Community service leave

38. Public holidays

39. Special conditions of employment—Law graduate

SCHEDULE A—TRANSITIONAL PROVISIONS
SCHEDULE B—CLASSIFICATIONS
SCHEDULE C—SUPPORTED WAGE SYSTEM
SCHEDULE D—NATIONAL TRAINING WAGE
SCHEDULE E—2016 PART-DAY PUBLIC HOLIDAYS
SCHEDULE F—AGREEMENT TO TAKE ANNUAL LEAVE IN ADVANCE
SCHEDULE G—AGREEMENT TO CASH OUT ANNUAL LEAVE
SCHEDULE H—AGREEMENT FOR TIME OFF INSTEAD OF PAYMENT FOR OVERTIME
Legal Services Award 2010

Legal Services Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 29 July 2017 (PR583024).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/233;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/13;AM2016/15;AM2016/17,AM2016/8

Table of Contents

[Varied by PR532630,PR544519,PR546288,PR557581,PR573679,PR583024,PR584115]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Junior employees

16. Higher duties

17. Supported wage system

18. National training wage

19. Allowances

20. District allowances

21. Accident pay

22. Payment of wages

23. Superannuation

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work and rostering (day workers)

25. Ordinary hours of work (continuous shiftworkers)

26. Ordinary hours of work (non-continuous shiftworkers)

27. Methods of arranging ordinary working hours

28. Daylight saving

29. Make-up time

30. Annualised salaries

31. Shiftwork

32. Rosters

33. Breaks

34. Overtime and penalty rates

Part 6—Leave and Public Holidays

35. Annual leave

36. Personal/carer’s leave and compassionate leave

37. Community service leave

38. Public holidays

39. Special conditions of employment—Law graduate

Schedule A—Transitional Provisions

Schedule B—Classifications

Schedule C—Supported Wage System

Schedule D—National Training Wage

Schedule E—2016 Part-day Public Holidays

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

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

Part 1—Application and Operation

1. Title

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 Legal Services Award 2010.

2. Commencement and transitional

[Varied by PR542236]

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 PR542236 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 PR542236 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 PR542236 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,PR503655,PR546121]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

    admission means admission as a practitioner of the Supreme Court of any State or Territory in the Commonwealth of Australia

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

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

[Definition of default fund employee inserted by PR546121 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 PR546121 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 PR503655 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 PR503655 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 PR546121 ppc 01Jan14]

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

    law clerk means a clerk who is engaged for the major part of their time in interviewing clients,preparing documents and general work assisting a barrister or solicitor in their practice,but will not include account clerks,law graduates,titles office clerks,receptionists and employees principally engaged in word processing,computer use,filing,machine operation,switchboard,delivery of documents or duties of a routine nature

    law graduate means a lawyer not admitted to practice but who is undertaking a period of training within a law firm with the view to being admitted to practice

    legal clerical and administrative employee means an employee in the clerical and administrative stream

    legal services industry means employers engaged in the business of providing legal and legal support services

[Definition of MySuper product inserted by PR546121 ppc 01Jan14]

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

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

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

    standard rate means the minimum wage for a Level 2 employee in clause 14Minimum wages

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

    work experience clerk means a person,whether a student or not,who is employed for not more than two months in any consecutive period of 12 months for the purposes of gaining experience,but does not include law students or any person who is undertaking work experience according to the provisions of the relevant State or Territory legislation or secondary school student on a formal work program

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

4. Coverage

4.1 This industry award covers employers throughout Australia in the legal services industry and their employees in the classifications listed in clause 14Minimum wages to the exclusion of any other modern award. The award does not cover employers in the following industries:

    (a) community legal centres;

    (b) aboriginal legal services;or

    (c) an employer whose primary activity is not within the legal services industry.

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

4.3 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.

4.4 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.

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

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

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

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Award flexibility

[Varied by PR542236]

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 PR542236 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 PR542236 ppc 04Dec13]

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

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

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

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

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

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

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

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

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

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

7.8 The agreement may be terminated:

[7.8(a) varied by PR542236 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 PR542236 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 PR542236 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 PR542236 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 PR542236]

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 PR542236 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 PR542236 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 PR542236 ppc 04Dec13]

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

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

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

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

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

    (a) full-time employment;

    (b) part-time employment;or

    (c) casual employment.

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

10.3 Full-time employment

    (a) The full-time hours are 38 per week.

    (b) Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee.

10.4 Part-time employment

    (a) A part-time employee is an employee who is engaged to perform less than 38 hours per week on a reasonably predictable basis.

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

    (c) Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time employees.

    (d) Before commencing part-time employment,the employer and the employee must agree in writing:

      (i) upon a regular pattern of work,specifying at least the numbers of hours worked each day,the days of the week upon which the employee will work and the commencing and finishing times for the work;and

      (ii) the classification applying to the work to be performed.

      The terms of this agreement may be varied by consent. Any variation to the agreement must be in writing and retained by the employer. A copy of the agreement and any variation to it must be provided to the employee by the employer.

    (e) The minimum period of engagement applying to part-time employees is three hours.

    (f) A part-time employee who is required by the employer to work in excess of the hours agreed upon in accordance with clause 10.4(d) must be paid overtime in accordance with clause 34Overtime and penalty rates.

10.5 Casual employment

    (a) A casual is an employee engaged and paid as such.

    (b) A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed,plus 25%. This loading is to be paid instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.

    (c) A casual employee must be paid for a minimum of four hours for each day that the casual employee is engaged.

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 PR503655,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 PR503655;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503655;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Junior employees

16. Higher duties

17. Supported wage system

18. National training wage

19. Allowances

20. District allowances

21. Accident pay

22. Payment of wages

23. Superannuation

13. Classifications

13.1 Employees covered by this award must be classified according to the structure set out in Schedule B—Classifications and paid the minimum wage in clause 14Minimum wages. Employers must advise their employees in writing of their classification and of any changes to their classification.

13.2 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.

14. Minimum wages

[14 varied by PR998016,PR509147,PR522978,PR536781,PR551704,PR566796,PR579908,PR592218,ppc 01Jul17]

Classification

Per week

$

Level 1—Legal clerical and administrative employee

775.40

Level 2—Legal clerical and administrative employee

809.10

Level 3—Legal clerical and administrative employee

854.60

Level 4—Legal clerical and administrative employee

897.40

Level 5—Legal clerical and administrative employee

933.80

Level 5—Law graduate

933.80

Level 6—Law clerk

989.90

   

15. Junior employees

Junior employees must be paid the following percentage of the appropriate wage rate in clause 14Minimum wages.

Age

%

Under 16 years

45

16 years

50

17 years

60

18 years

70

19 years

80

20 years

90

   

16. Higher duties

An employee,whilst called upon to perform any of the duties set out in Levels 2–5 of Schedule B—Classifications,in the absence of the employee normally exercising such duties,or whilst called upon to perform such duties on a temporary basis,must be paid at least the rate which would be applicable if such duties were performed on a permanent basis;provided that this clause does not apply when the time period is of less than one day’s duration.

17. Supported wage system

See Schedule C

18. National training wage

[18 substituted by PR593887 ppc 01Jul17]

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

18.2 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 Legal Services Award 2010 and not the Miscellaneous Award 2010.

19. Allowances

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

[Varied by PR998153,PR509268,PR523098,PR536901,PR551824,PR566925,PR579622,PR592369]

19.1 Meal allowance

    An employee must be supplied with an adequate meal where an employer has their own cooking and dining facilities or be paid meal money in addition to any overtime payment as follows:

[19.1(a) varied by PR998153,PR509268,PR523098,PR536901,PR551824,PR566925,PR579622,PR592369 ppc 01Jul17]

    (a) when required to work not less than one hour of overtime (Monday to Friday inclusive) and such overtime finishes one and a half hours after the normal finishing time or five hours after the preceding meal break,whichever first occurs,or in the case of a shiftworker when the overtime work on any shift exceeds one hour,$15.14. Provided that where such overtime work exceeds four hours a further meal allowance of $12.07 must be paid;

[19.1(b) varied by PR998153,PR509268,PR523098,PR536901,PR551824,PR566925,PR579622,PR592369 ppc 01Jul17]

    (b) when required to work more than five hours overtime on a Saturday or a Sunday,or more than five hours by a shiftworker on their rostered day off,$15.14 and a further $12.07 when required to work more than nine hours on such day. The provisions of this clause will not apply where an employee could reasonably return home for a meal within the period allowed;and

    (c) on request,meal money must be paid on the same day as overtime is worked.

19.2 Uniform allowance

    Where an employer requires an employee to wear any special uniform,dress or clothing,such employee must be paid an allowance of $3.65 per week unless such uniform,dress,or clothing is supplied and laundered by the employer.

19.3 Vehicle allowance

[19.3(a) varied by PR523098,PR536901,PR551824 ppc 01Jul14]

    (a) Where an employer requires an employee to use an employee’s own motor vehicle in the performance of the employees duties such employee must be paid an allowance of $0.26 per kilometre for a motorcycle and $0.78 per kilometre for a motor car on any day when the employee is so required to use their vehicle.

    (b) Where an employee is required as a condition of employment to provide a motor vehicle,which is used in the performance of the employees duties,all expenses including registration,running and maintenance of such motor vehicle must be paid by the employer.

19.4 Transport of employees—overtime

    When an employee is required to work overtime and such overtime concludes when reasonable means of transport to the employee’s home is not reasonably available,the employer will reimburse the employee an amount equal to the cost of any transport which allows the employee to reach the employee’s home by other means of transport,unless the employer provides suitable transport.

19.5 Living away from home allowance

    (a) An employee,required by the employer to work temporarily for the employer away from the employee’s usual place of employment,and who is required to sleep away from the employee’s usual place of residence,will be entitled to the following:

      (i) the payment of an allowance to cover all fares to and from the place at which the employer requires the employee to work;and

      (ii) the payment of an allowance to cover all reasonable expenses incurred for board and lodging.

    (b) The allowances referred to in this clause will not be paid where the fares and the board and lodging are provided by the employer.

    (c) In addition to the above,the employee must receive payment at ordinary rates of pay for all time spent in travelling between the employee’s usual place of employment and the temporary location,such paid time not to exceed eight hours in 24 hours.

19.6 Protective clothing

    The employer will reimburse employees engaged in work damaging to clothing an amount equal to the costs of uniforms and/or protective clothing,except where uniforms and/or protective clothing are provided free of charge by the employer.

19.7 Adjustment of expense related allowances

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

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

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

    Uniform allowance

    Clothing and footwear group

    Vehicle allowance

    Private motoring sub-group

   

20. District allowances

[20 deleted by PR561478 ppc 05Mar15]

21. Accident pay

[Varied by PR503655;deleted by PR561478 ppc 05Mar15]

22. Payment of wages

22.1 An employee will be paid fortnightly unless the employer and the employee otherwise agree.

22.2 Method of payment

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

23. Superannuation

[Varied by PR523922,PR530236,PR546121]

23.1 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.

23.2 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.

23.3 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 23.2.

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

    (c) The employer must pay the amount authorised under clauses 23.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 23.3(a) or (b) was made.

23.4 Superannuation fund

[23.4 varied by PR523922]

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 23.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 23.2 and pay the amount authorised under clauses 23.3(a) or (b) to one of the following superannuation funds or its successor:

    (a) Legalsuper;

    (b) AustralianSuper;

    (c) Tasplan;

    (d) CareSuper;

    (e) Statewide Superannuation Trust;

[23.4(f) deleted by PR530236 ppc 26Oct12]

[23.4(g) inserted by PR523922 ppc 17May12;renumbered as 23.4(f) by PR530236 ppc 26Oct12]

    (f) Law Employees Superannuation Fund;

[23.4(g) renumbered as 23.4(h) by PR523922;renumbered as 23.4(g) by PR530236 ppc 26Oct12;varied by PR546121 ppc 01Jan14]

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

[New 23.4(h) inserted by PR546121 ppc 01Jan14]

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

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work and rostering (day workers)

25. Ordinary hours of work (continuous shiftworkers)

26. Ordinary hours of work (non-continuous shiftworkers)

27. Methods of arranging ordinary working hours

28. Daylight saving

29. Make-up time

30. Annualised salaries

31. Shiftwork

32. Rosters

33. Breaks

34. Overtime and penalty rates

24. Ordinary hours of work and rostering (day workers)

24.1 Weekly hours of work

    (a) The ordinary hours of work for day workers are to be an average of 38 per week but not exceeding 152 hours in 28 days.

    (b) The ordinary hours of work may be worked on any day or all of the days of the week,Monday to Friday.

    (c) The ordinary hours of work are to be worked continuously,except for meal breaks,at the discretion of the employer between 7.00 am to 6.30 pm,Monday to Friday. The spread of hours may be altered by up to one hour at either end of the spread,by agreement between the employer and the majority of employees concerned.

    (d) Any work performed outside the spread of hours is to be paid for at overtime rates. However any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose,for example,of getting the workplace in a state of readiness for other employees to start work is to be regarded as part of the 38 ordinary hours of work.

    (e) Rostered days off

      Arrangements for rostered days off may be reached between an employee and an employer. Such arrangements will outline the method of accruing time towards a rostered day off as well as an agreed method of accumulating and taking rostered days off.

25. Ordinary hours of work (continuous shiftworkers)

25.1 Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of an employer.

25.2 Subject to clause 25.3,the ordinary hours of continuous shiftworkers are,at the discretion of the employer,to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days. Continuous shiftworkers are entitled to a 12 minute meal break on each shift which will be counted as time worked.

25.3 By agreement between an employer and the majority of employees concerned,a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed 12 months.

25.4 Except at the regular changeover of shifts,an employee must not be required to work more than one shift in each 24 hours.

26. Ordinary hours of work (non-continuous shiftworkers)

26.1 The ordinary hours of work for non-continuous shiftworkers are to be an average of 38 per week and must not exceed 152 hours in 28 consecutive days.

26.2 By agreement between an employer and the majority of employees concerned,a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed 12 months.

26.3 The ordinary hours of work are to be worked continuously,except for meal breaks,at the discretion of the employer.

26.4 Except at changeover of shifts,an employee will not be required to work more than one shift in each 24 hours.

27. Methods of arranging ordinary working hours

Subject to the employer’s right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in this award and the employer’s right to fix the commencing and finishing time of shifts from time to time,the arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude an employer reaching agreement with individual employees about how their working hours are to be arranged.

28. Daylight saving

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

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

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

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

28.2 In this clause,the expressions standard time and summer time have the same meaning as are prescribed by the relevant State legislation.

29. Make-up time

29.1 An employee may elect,with the consent of the employer,to work make-up time under which the employee takes time off during ordinary hours,and works those hours at a later time,during the spread of ordinary hours provided in the award.

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

30. Annualised salaries

30.1 Annual salary instead of award provisions

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

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

30.2 Annual salary not to disadvantage employees

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

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

30.3 Base rate of pay for employees on annual salary arrangements

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

31. Shiftwork

31.1 Definitions

    (a) For the purposes of this award:

      (i) rostered shift means any shift of which the employee concerned has had at least 48 hours’notice;

      (ii) afternoon shift means any shift finishing after 6.00 pm and at or before midnight;

      (iii) night shift means any shift finishing subsequent to midnight and at or before 8.00 am;

      (iv) early morning shift applies to an employee whose ordinary hours on a regular shift commence between 5.00 am and 6.00 am,except where such a shift is part of a shift system and preceding an afternoon shift finishing at 11.00 pm;and

      (v) seven day shiftworker means an employee who is rostered to work regularly on Sundays and public holidays.

    (b) By agreement between an employer and the majority of employees concerned,or in appropriate cases an individual employee,the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.

31.2 Early morning,afternoon and night shift allowances

    (a) An employee whilst on afternoon or night shift must be paid for such shift 15% more than their ordinary rate.

    (b) An employee whilst on early morning shift must be paid for such shift 10% more than their ordinary rate.

    (c) An employee who works on an afternoon or night shift which does not continue:

      (i) for at least five successive afternoon or night shifts or six successive afternoon or night shifts in a six day workplace (where no more than eight ordinary hours are worked on each shift);or

      (ii) for at least 38 ordinary hours (where more than eight ordinary hours are worked on each shift),

      must be paid a loading for each shift of 50% for the first three hours and 100% for the remaining hours,in addition to their ordinary rate.

    (d) An employee who:

      (i) during a period of engagement on shift,works night shift only;

      (ii) remains on night shift for a longer period than four consecutive weeks;or

      (iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle,

      must,during such engagement,period or cycle,be paid 30% more than their ordinary rate for all time worked during ordinary working hours on such night shift.

31.3 Rate for working on Saturday shifts

    The minimum rate to be paid to a shiftworker for work performed between midnight on Friday and midnight on Saturday will be time and a half. This extra rate is in substitution for and not cumulative upon the shift allowance prescribed in clause 31.2.

31.4 Rate for working on Sunday and public holiday shifts

    (a) The rate at which continuous shiftworkers are to be paid for work on a rostered shift,the major portion of which is performed on a Sunday or public holiday,is double time.

    (b) The rate at which shiftworkers,other than continuous shiftworkers on other than continuous work,are to be paid for all time worked on a Sunday or public holiday is as follows:

      (i) Sundays—at the rate of double time;and

      (ii) public holidays—at the rate of double time and a half.

    (c) Where shifts commence between 11.00 pm and midnight on a Sunday or public holiday,the time so worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift. However,the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into the Sunday or public holiday will be regarded as time worked on the Sunday or public holiday.

    (d) Where shifts fall partly on a public holiday,the shift which has the major portion falling on the public holiday will be regarded as the public holiday shift.

    (e) By agreement between an employer and the majority of employees concerned,the shift which has the minor portion falling on the public holiday may be regarded as the public holiday shift instead of the above.

    (f) The extra rates in this subclause are in substitution for and not cumulative upon the shift allowances prescribed in clause 31.2.

31.5 Work on a rostered day off

    (a) An employee required to work on a rostered day off is entitled to the rate prescribed in clause 34.1. Provided that time worked on Sundays must be paid for at the rate of double time and time worked on public holidays must be paid for at the rate of double time and a half.

    (b) Where work is performed as in clause 31.5(a) on a Sunday or public holiday,such employee must be paid a minimum of four hours at the appropriate rate.

    (c) This extra rate is in substitution for and not cumulative upon the shift allowances prescribed in clause 31.2.

    (d) A shiftworker whose rostered day off coincides with a public holiday must be paid a day’s pay additional to their weekly wage,or have a day added to their annual leave.

32. Rosters

32.1 Rosters,where they apply,will be set for each fortnightly period. The roster may alter the times on which an employee works their ordinary hours.

32.2 An employer will give employees 14 days’notice of each fortnightly roster. However,in order to meet specific operational requirements,an employer may change rosters after consulting with the employee(s) concerned and giving them as much notice as possible.

33. Breaks

33.1 Meal break

    (a) A meal break of not less than 30 minutes and not more than 60 minutes must be allowed to each employee. The meal break must be taken not later than five hours after commencing work and after the resumption of work from a previous meal break.

    (b) An employee directed by an employer to work in excess of five hours without a meal break must be paid at the rate of time and a half for the meal break and the employee must be permitted to have the employee’s usual meal break without deduction from the employee’s wage as soon as possible after the prescribed meal break.

    (c) This clause will not operate outside an employee’s ordinary working hours. Meal breaks during overtime are prescribed in clause 34Overtime and penalty rates.

33.2 Rest break

    (a) All employees will be allowed two rest intervals on each day as follows:

      (i) the first of 10 minutes to be allowed between the time of commencing work and the usual meal interval;and

      (ii) the second of 10 minutes to be allowed between the usual meal interval and the time of ceasing work for the day.

    (b) All employees who work more than four hours on a Saturday before 12 noon must be allowed a rest period of 10 minutes between the times of commencing work and finishing work.

    (c) Such intervals are to be counted as part of time worked.

34. Overtime and penalty rates

[Varied by PR584115]

34.1 Payment for working overtime

    (a) Overtime will be paid for all time worked outside ordinary hours on any day or shift,or in excess of an average of 38 hours per week,at the rate of time and a half for the first three hours and double time thereafter.

    (b) For continuous shiftworkers the rate for working overtime is double time.

    (c) The hourly rate,when calculating overtime,is to be determined by dividing the appropriate weekly rate by 38,even in cases when an employee works more than 38 ordinary hours in a week. Any portion of one hour not exceeding 30 minutes will be reckoned as 30 minutes and any portion of one hour in excess of 30 minutes will be reckoned as one hour.

    (d) When not less than 7 hours 36 minutes’notice has been given to an employer by a relief shiftworker that they will be absent from work and the shiftworker whom that person should relieve is not relieved and is required to continue work on their rostered day off,the unrelieved employee will be paid double time.

    (e) When calculating overtime,each day is to stand alone.

34.2 Payment for working Saturdays and Sundays

    An employee required to work overtime on a Saturday after 12 noon and on Sunday must be paid at double time with a minimum payment of three hours.

34.3 Payment for public holiday work

    An employee required to work overtime on a public holiday must be paid double time and a half for a minimum of three hours.

34.4 Rest break

    (a) An employee working overtime must be allowed a rest break of 20 minutes without deduction of pay after each four hours of overtime worked if the employee is to continue work after the rest break.

    (b) Where an employee is required to work overtime on a Saturday,Sunday or public holiday or on a rostered day off,the first rest break will be paid at the employee’s ordinary rate of pay.

    (c) Where overtime is to be worked immediately after the completion of ordinary work on a day or shift and the period of overtime is to be more than one and a half hours,an employee,before starting the overtime,is entitled to a rest break of 20 minutes to be paid at the employee’s ordinary rate of pay.

    (d) An employer and employee may agree to any variation of this subclause to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under this clause.

34.5 Time off instead of payment for overtime

[34.5 substituted by PR584115 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 34.5.

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

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

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

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

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

      Note:An example of the type of agreement required by this clause is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 34.5 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

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

      EXAMPLE:By making an agreement under clause 34.5 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

    (e) Time off must be taken:

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

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

    (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 34.5 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

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

    (h) The employer must keep a copy of any agreement under clause 34.5 as an employee record.

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

    (j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 34.5 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

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

    (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 34.5 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 34.5.

34.6 Rest period after overtime

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

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

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

    (d) By agreement between an employer and individual employee,the 10 hour break provided for in this clause may be reduced to a period no less than eight hours.

    (e) The provisions of this subclause will apply in the case of shiftworkers as if eight hours were substituted for 10 hours when overtime is worked:

      (i) for the purpose of changing shift rosters;

      (ii) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace the shiftworker;or

      (iii) where a shift is worked by arrangement between the employees themselves.

34.7 Call-back

    (a) An employee recalled to work overtime after leaving the employer’s place of work (whether notified before or after leaving the place of work) is to be paid for a minimum of four hours’work at the rate of time and a half for the first three hours and double time thereafter (or double time for the full period for continuous shiftworkers).

    (b) Where an employee is required to regularly hold themselves in readiness for a call-back they will be paid for a minimum of three hours’work at the appropriate overtime rate. This is subject to clause 34.8.

    (c) If the employee is recalled on more than one occasion between the termination of their ordinary work on one day and the commencement of their ordinary work on the next ordinary working day they will be entitled to the three or four hour minimum overtime payment provided for in this clause for each call-back. However,in such circumstances,it is only the time which is actually worked during the previous call or calls which is to be taken into account when determining the overtime rate for subsequent calls.

    (d) Except in the case of unforeseen circumstances arising,an employee will not be required to work the full three or four hours as the case may be if the job they were recalled to perform is completed within a shorter period.

    (e) This clause does not apply in cases where it is customary for an employee to return to the employer’s enterprise to perform a specific job outside the employee’s ordinary working hours or where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary working time.

    (f) Overtime worked in the circumstances specified in this subclause is not to be regarded as overtime for the purpose of clause 34.5 when the actual time worked is less than three hours on the call-back or on each call-back.

34.8 Standing by

    Subject to any custom prevailing at the place of work concerned,where an employee is required regularly to hold themselves in readiness to work after ordinary hours,the employee is to be paid standing by time at the employee’s ordinary rate of pay for the time they are standing by.

Part 6—Leave and Public Holidays

35. Annual leave

36. Personal/carer’s leave and compassionate leave

37. Community service leave

38. Public holidays

39. Special conditions of employment—Law graduate

35. Annual leave

[Varied by PR540979,PR583024]

35.1 Annual leave is provided for in the NES.

35.2 Definition of shiftworker

    For the purposes of the additional week or annual leave provided for in the NES,a shiftworker is a seven day shiftworker who is rostered to work regularly on Sundays and public holidays.

35.3 Annual leave loading

    (a) During a period of annual leave an employee must also receive a loading calculated on the wages prescribed in clause 14Minimum wages of this award. Annual leave loading payment is payable on leave accrued.

    (b) The loading must be as follows:

      (i) Day work

        Employees who would have worked on day work only had they not been on leave—17.5%;

      (ii) Shiftwork

        Employees who would have worked on shiftwork had they not been on leave—17.5% or the shift loading (including relevant weekend penalty rates) whichever is greater but not both.

35.4 Annual leave in advance

[35.4 renamed and substituted by PR583024 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 35.4 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.

    (c) The employer must keep a copy of any agreement under clause 35.4 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 35.4,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.

35.5 Payment for period of leave

    Each employee prior to commencing a period of annual leave must be paid a sum equal to the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave.

35.6 Close-down

[35.6 renamed and substituted by PR583024 ppc 29Jul16]

    Annual leave is to be taken at a time agreed between the employer and employee. However,an employer may require an employee to take annual leave as part of a close down of its operations,or part of its operations,where the request is reasonable,by giving at least four weeks’notice.

35.7 Excessive leave accruals:general provision

[35.7 inserted by PR583024 ppc 29Jul16]

    Note:Clauses 35.7 to 35.9 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

    (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave (or 10 weeks’paid annual leave for a shiftworker,as defined by clause 35.2).

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

    (d) Clause 35.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[35.8 inserted by PR583024 ppc 29Jul16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 35.7(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

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

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 35.7,35.8 or 35.9 or otherwise agreed by the employer and employee) are taken into account;and

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

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

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

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

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

    Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 35.8(b)(i).

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

35.9 Excessive leave accruals:request by employee for leave

[35.9 inserted by PR583024;substituted by PR583024 ppc 29Jul17]

    (a) If an employee has genuinely tried to reach agreement with an employer under clause 35.7(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

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

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

      (ii) the employee has not been given a direction under clause 35.8(a) that,when any other paid annual leave arrangements (whether made under clause 35.7,35.8 or 35.9 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

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

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 35.7,35.8 or 35.9 or otherwise agreed by the employer and employee) are taken into account;or

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

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

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

    (d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 35.2) in any period of 12 months.

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

35.10 Electronic funds transfer (EFT) payment of annual leave

[35.10 inserted by PR583024 ppc 29Jul16]

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

35.11 Cashing out of annual leave

[35.11 inserted by PR583024 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 35.11.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 35.11.

    (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 35.11 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 35.11 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 35.11 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 35.11.

    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 35.11.

    Note 3:An example of the type of agreement required by clause 35.11 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

36. Personal/carer’s leave and compassionate leave

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

37. Community service leave

Community service leave is provided for in the NES.

38. Public holidays

Public holidays are provided for in the NES.

39. Special conditions of employment—Law graduate

39.1 A law graduate is entitled to leave of absence with pay:

    (a) for study and attendance at examinations,not exceeding four days in respect of each subject for which they present themselves for examination which is necessary to enable the employee to qualify for admission;and

    (b) to attend lectures and organised classes at a university or other course of instruction which is required to enable the employee to qualify for admission.

Schedule A—Transitional Provisions

[Varied by PR503655]

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 PR503655 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

B.1 Level 1—Legal,clerical and administrative employee

B.1.1 Characteristics

    (a) Employees at this level may work under direct supervision with regular checking,but may take the form of less direct guidance and some autonomy where working in teams is required.

    (b) Competency at this level involves the application of knowledge and skill to a limited range of tasks and roles. There is a specified range of contexts where the choice of actions required is clear.

    (c) Competencies are used within established routines,methods and procedures that are predictable and within which judgment against established criteria is involved.

    (d) An indicative training and vocational educational level for this level is Year 10 standard.

B.1.2 Generic skills

    Indicative typical duties and skills at this level may include:

    (a) Problem solving

      Identify and resolve problems by being able to:

      ●identify routine problems;

      ●identify and assess options;and

      ●implement solutions.

    (b) Literacy

      Read and write routine texts.

    (c) Numeracy

      Use numbers in the workplace by being able to:

      ●operate with numbers to complete routine tasks;

      ●calculate numerical and related information to perform routine tasks;and

      ●interpret and present numerical and related information to complete routine tasks.

B.1.3 Core skills

    (a) Information handling

      (i) To handle mail to facilitate communication by being able to:

        ●receive and distribute incoming mail;

        ●receive and dispatch outgoing mail;and

        ●collate and dispatch documents for bulk mailing.

      (ii) To handle information to maintain access to and security of records by being able to:

        ●file documents;and

        ●identify and retrieve documents.

    (b) Communication

      To process information to facilitate communication flow by being able to:

      ●receive and relay oral messages;and

      ●receive and relay written messages.

    (c) Enterprise/industry

      To apply knowledge of the enterprise/industry to complete routine administrative tasks,by being able to:

      ●identify key functions and personnel/departments;and

      ●apply office procedures.

    (d) Technology

      (i) To operate a range of office equipment to complete routine tasks by being able to:

        ●select equipment to be used for tasks;

        ●locate equipment to be used for tasks;and

        ●operate equipment.

      (ii) To access and retrieve computer data using keyboard skills by being able to:

        ●open files;

        ●retrieve data;

        ●close files;and

        ●shut down equipment.

    (e) Organisational

      To follow established work schedules to achieve designated group/section goals by being able to plan and organise personal daily work routine.

    (f) Team

      To participate in a team to achieve designated tasks by being able to complete allocated tasks.

    (g) Business/financial

      To record and prepare financial documentation for cash flow and accounting records by being able to:

      ●record petty cash transactions;

      ●prepare banking documents;and

      ●prepare business source documents.

    (h) Legal

      Not applicable at this level.

B.2 Level 2—Legal,clerical and administrative employee

B.2.1 Characteristics

    (a) Employees at this level may work under routine supervision with intermittent checking,but this checking may take the form of general guidance and considerable autonomy where working in teams is required. Responsibility for some roles and co-ordination within a team may be required.

    (b) Competency at this level involves the application of knowledge and skills to a range of tasks and roles. There is a defined range of contexts where the choice of actions required is usually clear,with limited complexity in the choice.

    (c) Competencies are used within established routines,methods and procedures,in some cases involving discretion and judgment about possible actions.

    (d) An indicative training and vocational educational level for this level is Year 11 standard.

B.2.2 Generic skills

    As per Level 1.

B.2.3 Core skills

    As per Level 1,together with the following:

    (a) Information handling

      Process information to provide access to current records,by being able to:

      ●update and modify existing organisational records;and

      ●remove inactive and dead files.

    (b) Communication

      Process and respond to information to facilitate communication flow by being able to:

      ●respond to incoming telephone calls;

      ●make telephone calls;and

      ●draft simple correspondence.

    (c) Enterprise/industry

      (i) Respond to and act upon internal/external enquiries to promote the products and services of the organisation by being able to:

        ●provide information from own function area;

        ●re-direct enquiries;and

        ●undertake follow up action where required.

      (ii) Receive visitors to ensure a positive image of the organisation is presented by being able to:

        ●greet visitors;and

        ●attend to visitors’needs.

    (d) Technology

      (i) Operate a range of office equipment to complete non-routine tasks by being able to:

        ●operate equipment;and

        ●identify and/or rectify minor faults.

      (ii) Edit computer data using keyboard skills by being able to:

        ●open files;

        ●edit information;

        ●save and exit;and

        ●shut down equipment.

      (iii) Produce simple documents using keyboard skills by being able to document from written text using standard format.

    (e) Organisation

      Establish own work schedule to achieve designated group/section goals by being able to organise own work schedule.

    (f) Team

      Participate in allocation and completion of team tasks by being able to:

      ●participate in identifying tasks for team;

      ●complete own tasks;and

      ●assist others to complete (team) tasks.

    (g) Business/financial

      Process financial documentation for cash flow and accounting records by being able to:

      ●reconcile invoices for payment to creditors;

      ●prepare statements for debtors;

      ●enter payment summaries into journals;and

      ●post journals to ledgers.

    (h) Legal

      Not applicable at this level.

B.3 Level 3—Legal,clerical and administrative employee

B.3.1 Characteristics

    (a) Work is under limited supervision with checking related to overall progress,but may take the form of broad guidance and autonomy where working in teams is required. Responsibility for the work of others may be involved,and team co-ordination may be required.

    (b) Competency at this level involves the application of knowledge with depth in some areas and a broad range of skills. There is a range of tasks and roles in a variety of contexts,with some complexity in the extent and choice of actions required. Competencies are used within routines,methods and procedures where some discretion and judgment is required in selection of equipment,work organisation,services,actions and achieving outcomes within time constraints.

    (c) An indicative training and educational level for this level is the Trade Certificate or equivalent TAFE/Year 12 standard.

B.3.2 Generic skills

    As per Levels 1 and 2,together with the following:

    (a) Problem solving

      Identify,clarify and resolve problems by being able to:

      ●identify non-routine problems;

      ●clarify the nature of the problem;

      ●investigate options and decide on the appropriate course of action;

      ●implement solutions;

      ●evaluate and report on effectiveness of solutions and related outcomes;

      ●assist others to identify and resolve problems in the workplace;and

      ●report on effectiveness of solutions and related outcomes.

    (b) Literacy

      ●write non-routine texts;and

      ●read non-routine texts.

    (c) Numeracy

      Use numbers in the workplace by being able to:

      ●operate with numbers to complete non-routine tasks;

      ●calculate numerical and related information to perform non-routine tasks;and

      ●interpret and present numerical and related information to complete non-routine tasks.

B.3.3 Core skills

    As per Levels 1 and 2,together with the following:

    (a) Information handling

      Maintain information records system to ensure integrity of system by being able to:

      ●assemble new files;

      ●identify and process inactive and dead files;and

      ●record documentation movements.

    (b) Communication

      (i) Collect and provide information to facilitate communication flow by being able to:

        ●respond to telephone,oral and written requests for information;and

        ●draft routine correspondence in response to a need or request.

      (ii) Transcribe oral instructions by writing shorthand notes for the production of a text by being able to take dictation.

    (c) Enterprise/industry

      (i) Provide information and advice to promote the products/services of the organisation by being able to:

        ●clarify specific needs of a client;

        ●provide information and advice;and

        ●follow up.

      (ii) Process client complaints to ensure the goals of the organisation are met by being able to:

        ●clarify the nature of the complaint;

        ●identify options for resolution;and

        ●act to resolve the complaint.

    (d) Technology

      (i) Co-ordinate the use of a range of office equipment to complete complex tasks by being able to:

        ●operate equipment;and

        ●maintain equipment.

      (ii) Organise the copying,collating and binding of documents by being able to:

        ●select appropriate media;

        ●copy and collate documents;and

        ●distribute documents.

      (iii) Produce complex documents using keyboard skills by being able to:

        ●establish document structure;

        ●produce documents;and

        ●shut down equipment.

    (e) Organisational

      Organise schedules to achieve agreed group/section goals by being able to:

      ●co-ordinate own work routine with others;

      ●make and record appointments on behalf of another;and

      ●make travel and accommodation bookings in line with given itinerary.

    (f) Team

      Negotiate with team members to allocate and complete tasks to achieve group goals by being able to:

      ●clarify tasks to achieve group goals;

      ●negotiate allocation of tasks;and

      ●monitor completion of allocated tasks.

    (g) Business/financial

      (i) Monitor records of income and expenditure for budgetary records by being able to:

        ●reconcile accounts to balance;and

        ●prepare bank reconciliations.

      (ii) Monitor cash control accounting purposes by being able to:

        ●document and lodge takings at a bank;

        ●receive and document payments/takings;

        ●dispatch statements to debtors;

        ●follow up and record outstanding accounts;and

        ●dispatch payments to creditors.

      (iii) Monitor stock levels for control purposes by being able to maintain stock control records.

    (h) Legal

      An understanding of the basic structures of the relevant State or Territory legal system by being able to:

      ●locate the major legal institutions and process standard legal procedures;

      ●operate within the information channels and procedures of the institutions;and

      ●exhibit a basic understanding of areas of law for the purposes of information flow and referral.

B.4 Level 4—Legal,clerical and administrative employee

B.4.1 Characteristics

    (a) The employee may be required to work without supervision,with general guidance on progress and outcomes sought as required. The work of others may be supervised or teams guided or facilitated. Responsibility for and limited organisation of the work of others may be involved.

    (b) Competency at this level involves the application of knowledge with depth in some areas and a broad range of skills. There is a wide range of tasks and roles in a variety of contexts,with complexity in the range and choice of actions required.

    (c) Competencies are used within routines,methods and procedures where discretion and judgment is required,for both self and others,in planning and selection of equipment,work organisation,services,actions and achieving outcomes within time constraints.

    (d) An indicative training and vocational educational level for this level is TAFE Advanced Certificate.

B.4.2 Generic skills

    As per Levels 1,2 and 3 together with the following:

    (a) Problem solving

      Identify,clarify and resolve problems by being able to:

      ●identify problems;

      ●clarify the nature of the problem;

      ●determine criteria for optimal solution;

      ●implement solution;

      ●evaluate and report on effectiveness of solution and related outcomes;and

      ●assist others to identify,clarify and resolve problems in the workplace.

    (b) Literacy

      ●compose routine and non-routine texts;and

      ●read and analyse routine and non-routine texts.

    (c) Numeracy

      Use numbers in the workplace by being able to:

      ●operate with numbers to establish procedures;

      ●calculate numerical and related information to establish procedures;and

      ●interpret and present numerical and related information to establish procedures.

B.4.3 Core skills

    (a) Information handling

      Manage an established records management system to ensure integrity of the system by being able to:

      ●maintain existing filing arrangements;

      ●ensure distribution of files and records;

      ●maintain security of filing system;and

      ●train staff.

    (b) Communication

      (i) Organise and provide information to facilitate communication flow by being able to:

        ●receive and process a request for information;

        ●identify information sources;and

        ●compose reports/correspondence.

      (ii) Transcribe oral instructions by writing shorthand notes for the production of a text by being able to take dictation.

    (c) Enterprise/industry

      Provide advice in order to meet current and anticipated client requirements by being able to:

      ●identify current client requirements;

      ●provide information on current service provision and resource allocation within area of responsibility;and

      ●identify trends in client requirements.

    (d) Technology

      (i) Produce complex documents,reports and work sheets using keyboard skills by being able to:

        ●determine presentation and format documentation;

        ●produce documents;and

        ●shut down equipment.

      (ii) Operate computer equipment to maintain storage media and filing system by being able to:

        ●maintain storage media;

        ●maintain filing system;

        ●shut down equipment;and

        ●train others in the use of office equipment.

      (iii) Operate and maintain computer printers by being able to:

        ●set printers for document requirements;and

        ●maintain printers.

    (e) Organisational

      (i) Manage appointments to achieve identified goals by being able to:

        ●manage a diary on behalf of another/others;and

        ●assist with appointment preparation and follow up.

      (ii) Plan business trips and associated itinerary for management/executive to ensure effective use of time management principles by being able to:

        ●organise business itinerary;and

        ●identify credit facilities.

      (iii) Plan meetings to enable the stated objectives of the meeting to be met by being able to:

        ●prepare documentation for meetings;

        ●make meeting arrangements;and

        ●record minutes of meetings.

    (f) Team

      Manage the team to ensure team goals are achieved by being able to:

      ●plan work for the team;

      ●allocate tasks to members of the team;

      ●monitor team performance;and

      ●provide training for team members.

    (g) Business/financial

      Produce end of period reports for cash flow projections and budgetary records by being able to:

      ●prepare financial reports;

      ●undertake and document costing procedures;and

      ●draft financial forecasts/budgets.

    (h) Legal

      An understanding and appreciation of the structures of the relevant State or Territory legal system by being able to:

      ●acquire and apply a limited knowledge of professional legal functions under direct supervision as a clerk by being able to interview clients,draft (for checking) documents and instructing on standard legal matters;and

      ●exhibit a basic understanding of different areas of law as they are dealt with,within the firm or between firms or between the firm and legal institutions for means of referral.

B.5 Level 5—Legal,clerical and administrative employee

B.5.1 Characteristics

    (a) An employee at this level may work under broad guidance. The work of others may be supervised or teams guided. Responsibility for the planning and management of the work of others may be involved.

    (b) Competency at this level involves the self-directed application of knowledge with substantial depth in some areas and a range of technical and other skills to tasks,roles and functions in both varied and highly specific contexts.

    (c) Competencies are normally used independently and both routinely and non-routinely. Judgment is required in planning and selecting appropriate equipment,services,techniques and work organisation for self and others.

    (d) An indicative training and vocational education level for this level is part achievement of Associate Diploma at TAFE or tertiary level (or equivalent).

B.5.2 Generic skills

    As per Levels 1,2,3 and 4.

B.5.3 Core skills

    As per Levels 1,2,3 and 4 together with the following:

    (a) Information handling

      Establish a records system to ensure integrity of system by being able to:

      ●determine the needs of the organisation;

      ●select appropriate system;

      ●implement new/improved system;and

      ●provide staff training.

      Establish and maintain library resource collection by being able to:

      ●store publications;

      ●update incoming publications;and

      ●circulate publications.

    (b) Communication

      Initiate research and prepare information to facilitate communication flow by being able to:

      ●identify need for documents;

      ●identify need for research;

      ●obtain data from external sources;

      ●prepare drafts;and

      ●produce reports.

    (c) Enterprise/industry

      Provide advice on response to the changing environment in order to achieve organisational goals by being able to:

      ●analyse changes to the internal/external environment which impact on the role of the department or enterprise;

      ●assist with the development of options for future strategies;and

      ●assist with planning to match future requirements.

    (d) Technology

      Manage the design and development of documents,reports and work sheets by being able to:

      ●identify document requirements;and

      ●design document format.

      Establish,maintain and supervise a small network by being able to:

      ●establish a small network;

      ●maintain a small network;

      ●assist network users;

      ●shut down network equipment;and

      ●train network users.

    (e) Organisational

      Plan and manage meetings to achieve identified group/section goals by being able to:

      ●organise meetings;and

      ●conduct meetings on behalf of management.

      Plan and manage conferences on behalf of management to achieve identified goals by being able to:

      ●plan conferences;

      ●organise conferences;

      ●promote conferences;and

      ●co-ordinate conference proceedings.

    (f) Team

      Manage the team to ensure team achievements reflect identified enterprise objectives by being able to:

      ●clarify the link between goals of the team and goals of the enterprise;

      ●plan and allocate work for the team;

      ●monitor team performance;

      ●evaluate achievements of team;and

      ●organise training for team.

      Participate in staff selection to ensure team goals are achieved by being able to:

      ●identify requirements for new team positions;

      ●draft job vacancy advertisements;

      ●select staff;and

      ●employ staff.

    (g) Business/financial

      Manage payroll records for employee salaries and statutory record keeping purposes by being able to:

      ●prepare payroll data;

      ●process payment of wages and salaries;and

      ●administer PAYG salary records.

    (h) Legal

      Acquire and apply a working knowledge of the structures and methods of the relevant State or Territory legal system by being able to:

      ●understand and participate in,under supervision,the processes of major legal institutions;

      ●display an understanding of areas of law and legal procedures for resolving matters referred to the employee,subject to general and procedural supervision;and

      ●initiate routine legal procedures and documentation.

B.6 Level 5—Law graduate

B.6.1 Characteristics

    This position requires the completion of a course of study which is recognised as an academic qualification for admission and a formal offer by the employer to the law graduate,the acceptance of that offer and registration and approval of all documentation required by the relevant governing bodies.

B.7 Level 6—Law clerk

B.7.1 General

    (a) Work is under limited guidance in line with a broad plan,budget or strategy. Responsibility and defined accountability for the management and output of the work of others and for a defined function or functions may be involved.

    (b) Competency at this level involves the self-directed development of knowledge with substantial depth across a number of areas and/or mastery of a specified area with a range of skills. Application is to major functions in either varied or highly specific contexts.

    (c) Competencies are normally used independently and are substantially non-routine. Significant judgment is required in planning,design,technical or supervisory functions related to products,services,operations or processes of the firm.

    (d) Specific clerical and administrative competencies do not automatically apply at this level or above. Legal competencies continue to apply at least in conjunction with the clerical and administrative competencies.

    (e) Employees will be graded at the level where the principal functions of their employment,as determined by the employer,require the exercise of skills at the level set out in the respective grade.

    (f) An indicative training and vocational educational level for this level is Associate Diploma at TAFE or tertiary level (or equivalent).

B.7.2 Legal

    The employee will be able to display a practical understanding and application of the structures,methods and procedures of the relevant State or Territory legal system.

Schedule C—Supported Wage System

[Varied by PR998748,PR510670,PR525068,PR537893,PR542236,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 PR542236 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 PR542236 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—National Training Wage

[Varied by PR998016,PR509147,PR522978,PR536781,PR545787,PR551704,PR566796,PR579908;deleted by PR593887 ppc 01Jul17]

Schedule E—2016 Part-day Public Holidays

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

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

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

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

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

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

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

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

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

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

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

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

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR583024 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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

I agree that:

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

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted byPR583024 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

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

[Sched H inserted by PR584115 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:
MA000116
Title:
Legal Services Award 2010
Effective:
29 Jul 2017
Updated:
2 Aug 2017
Instrument Type:
Modern Award
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