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Queensland Newspapers Pty Ltd Printing (Murarrie) Award 2015
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771404).
Clause(s) affected by the most recent variation(s):
21—Superannuation
Table of Contents
5. Access to the award and the National Employment Standards................................... 5
Part 1—Application and Operation
This award is the Queensland Newspapers Pty Ltd Printing (Murarrie) Award 2015.
2. Commencement and transitional
2.1 This award commences on 15 May 2015.
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.
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 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.
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
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship
apprentice means an employee who is bound by a contract of training registered with the appropriate State or Territory training authority
[Definition of casual employee inserted by PR733966 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
Commission means the Fair Work Commission or any successor organisation
Company means Queensland Newspapers Pty Ltd
employee means national system employee within the meaning of the Act
employer or company means Queensland Newspapers Pty Ltd
exempt public sector superannuation scheme 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)
Non Technology Redundancy means a redundancy which is not a Technology Redundancy which includes but is not limited to redundancies caused by loss of business, economic downturn, rationalisation or closure of operations or part of an operation
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
Rate of pay means an employee's award weekly rate of pay, plus the weekly average of shift allowances, personal margins, service payments and weekend penalties, but excluding overtime, over the period of 12 months immediately preceding termination, redeployment or relocation whichever is applicable
standard rate means the minimum wage for a “Printing Machinist Grade 1” in clause 16
Technology Redundancy means a redundancy which arises solely from the introduction of new or updating of existing technology
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This enterprise award covers Queensland Newspapers Pty Ltd and its employees in the classifications listed in clause 16 to the exclusion of any other modern award.
4.2 The award does not cover an employee excluded from award coverage by the Act.
4.3 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.
4.4 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and/or 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.
4.5 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.
(a) arrangements for when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances; and
(e) leave loading.
7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.
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
(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:
(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:
(b) at any time, by written agreement between the employer and the individual employee.
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)).
7.9 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
8.1 Consultation regarding major workplace change
(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.
9.2 If a dispute about a matter arising under this award 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 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.
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
10.1 A part-time employee shall be an employee who works a day/s or part of a day/s on a regular basis each week but whose ordinary hours shall not exceed 36.5 hours per week.
10.2 Part-time employees shall be paid at an hourly rate equal to the ordinary rate for the class of work performed set out in this award divided by 36.5.
10.3 Part-time employees shall be entitled to a proportionate amount of annual leave, sick leave, long service leave. In each instance the proportionate entitlement shall be determined by dividing the average number of hours worked each week by 36.5.
10.4 Subject to the provisions contained herein all other provisions of this award relevant to weekly employees shall apply to part-time employees.
[Varied by PR733966]
[11.1 substituted by PR733966 from 27Sep21]
11.1 A casual employee’s employment may be terminated upon one hour’s notice, subject to the minimum described in clause 11.4.
11.2 A casual employee for working ordinary time will be paid at the entry level hourly rate for the work classification prescribed by this award for the work being performed plus 25 per cent loading. The loading is paid in lieu of all other allowances including sick and annual leave except night allowance, Saturday, Sunday and public holiday rates and overtime.
11.3 A casual employee will be paid overtime rates after eight hours work.
11.4 A casual employee shall be rostered for a minimum of four hours pay for each day.
11.5 Offers and requests for casual conversion
[11.5 inserted by PR733966 ppc 27Sep21]
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 9—Dispute resolution.
New employees will be subject to a probationary period of three calendar months with an option of a further three months in the event of borderline performance. Notice will be determinable on a weekly basis.
13.1 It is a term and condition of employment and of the rights applying under this award that an employee:
(a) Attends work during rostered hours of work.
(b) Not absent themselves from work during such rostered hours without prior notice and approval from the immediate supervisor except for sick leave.
(c) Uses, as directed by the Company, protective clothing and equipment provided for specific circumstances.
13.2 Abandonment of employment
(a) The absence of an employee from work for a continuous period exceeding three working days without the consent of the Company and/or without notification to the Company will evidence that the employee has abandoned employment.
(b) If, within a period of seven days from the employee’s last attendance at work or the date of the last absence in respect of which notification has been given or consent has been granted, an employee who has not established to the satisfaction of the Company that the absence was for a reasonable cause, will be considered to have abandoned employment and will be dismissed.
(c) Termination of employment by abandonment in accordance with this sub-clause will operate as from the date of the last attendance at work or the last day’s absence in respect of which notification was given to the Company, whichever is the later.
(d) Where the employee relies upon another term of this award or the NES and provides notice and satisfactory reasons for an absence at the earliest possible opportunity to the employer, this clause will not apply.
14.1 Notice of termination is provided for in the NES.
14.2 Notification of technology redundancies
This clause supplements the NES. The employer will give each affected individual employee a minimum of 4 weeks notice prior to the termination of the employee's employment on the ground of a Technology Redundancy which is inclusive of the NES entitlement.
14.3 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.
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.
15.1 Redundancy pay is provided for in the NES.
15.2 This clause supplements the NES.
(a) A casual employee who has worked an average of 21 hours per week over the previous 12 months ('eligible casual') but who is not a casual publishing inserter ('Employees') is also entitled to redundancy under this award.
(b) An employee whose employment is terminated on the grounds of redundancy will receive a total severance and redundancy payment calculated according to the following formula, which will be inclusive of the NES entitlement.
(i) 2 weeks’ pay, in the first instance, and in addition
(ii) 4 weeks’ pay for each completed year of continuous service.
The payments referred to in these clauses shall be calculated pro rata for each completed month of service.
(c) Redundancy payments under this clause will be calculated on an employee's rate of pay as defined in clause 3.
(d) Permanent part-time employees and eligible casual employees shall receive pro rata redundancy payments.
(e) Permanent part-time employees shall have their period of service calculated from the time of their appointment as a permanent part-time employee, unless they had an entitlement as an eligible casual prior to such appointment and in those circumstances their service as an eligible casual will be taken into account.
(f) No employee shall be entitled under these provisions to a payment greater than he/she would have received in wages had they remained in employment until the age of 65 years.
(g) For employees who commenced on or after 1 July 1970, the maximum redundancy entitlement will be a sum equivalent to the employee's rate of pay as defined for 112 weeks.
(h) In addition to a redundancy payment, an employee whose employment is terminated on the ground of Technology Redundancy will receive:
(i) a pro rata long service leave payment in accordance with the relevant industrial award, industrial agreement or statue after 5 years continuous service;
(ii) if a member of NewSuper (formally Newsplan - Group Retirement and Assurance Plan), the Herald Pension Fund, or the News Limited Group Superannuation Fund the Employee will receive the payment provided for by the relevant fund trust deed;
(iii) entitlements to annual leave in accordance with the relevant industrial award, agreement or statute.
15.3 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.
15.4 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.
15.5 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) An employee whose employment is terminated on the ground of Technology Redundancy will also have available reasonable paid time off to seek alternative employment at times mutually agreed between the employee and the company and provided there is no interference with production requirements.
(c) 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.
(d) This entitlement applies instead of clause 14.4.
Part 4—Minimum Wages and Related Matters
16.1 Incidental or peripheral tasks
Employees within the scope of this award are to perform a wider range of duties, including work which is incidental or peripheral to their main task or function, including any function for which they have been trained.
16.2 Printing
(a) Grade 1
A tradesperson who has completed a trade certificate course.
(b) Grade 2
A tradesperson who has the qualifications of Grade 1 and who has completed six months satisfactory service or has the equivalent to trade qualification in rotary webfed Lithographic printing machining.
(c) Grade 3
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1 and 2 has successfully completed at least 50% of a TAFE accredited post-trade course, or Advanced Certificate, in printing machining equivalent to at least two years part-time study, or a tradesperson who, by successful completion of an on-site testing process, demonstrates the ability to perform competently the same tasks, or in undertaking on-site training on computer assisted multi-colour webfed Lithographic printing machines producing process colour work to precise registration and definition.
(d) Grade 4
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1, 2 and 3 has successfully completed all the requirements for the award of a TAFE accredited post-trade, or Advanced Certificate, course in printing machining at least equivalent to two years part-time study, and who demonstrates over a period of not more than three months an ability to carry out this class of work, or who has successfully completed on-site training in the functions and operations of computer assisted multi-colour webfed Lithographic printing machines producing process colour work to precise registration and definition.
16.3 Electrical
(a) Grade 1
A tradesperson who has completed a trade certificate course.
(b) Grade 2
A tradesperson who has the qualifications of Grade 1 and who has completed six months satisfactory service.
(c) Grade 3
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1 and 2 has successfully completed at least 50% of a TAFE accredited post-trade course, or Advanced Certificate, in electronics equivalent to at least two years part-time study, or a tradesperson who, by successful completion of an on-site testing process, demonstrates the ability to perform competently the same tasks as those covered by the above course.
(d) Grade 4
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1, 2 and 3 has successfully completed all the requirements for the award of a TAFE accredited post-trade, or Advanced Certificate, course in electronics at least equivalent to two years part-time study, and who demonstrates over a period of not more than three months an ability to carry out this class of work.
(e) Grade 5
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1, 2, 3 and 4, has successfully completed 75% of an accredited TAFE Associate Diploma in Engineering (Electrical or Electronics), or an approved equivalent, including electives in programmable controllers and variable speed drives at this level, and who is required to carry out this class of work and who demonstrates over a period of not more than three months an ability to do so.
16.4 Mechanical
(a) Grade 1
A tradesperson who has completed a trade certificate course.
(b) Grade 2
A tradesperson who has the qualifications of Grade 1 and who has completed six months satisfactory service.
(c) Grade 3
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1 and 2, has completed at least 50% of a TAFE accredited post-trade course, or Advanced Certificate, in fluid power equivalent to at least two years part-time study, or a tradesperson who, by successful completion of an on-site testing process, demonstrates the ability to perform competently the same tasks as those covered by the above course.
(d) Grade 4
A tradesperson who, in addition to being able to carry out the duties specified for Grades 1, 2 and 3 has successfully completed all the requirements for the award of a TAFE accredited post-trade, or Advanced Certificate, course in fluid power, equivalent to at least two years part-time study, and who demonstrates over a period of not more than three months an ability to carry out this class of work.
(e) Grade 5
A tradesperson who, in addition to being able to carry out all the duties specified for Grades 1, 2,3 and 4, has successfully completed 75% of an approved TAFE Associate Diploma in Engineering (Mechanical), or an accredited equivalent, including electives in fluid power (hydraulics and pneumatics) at this level, and who is required to carry out this class of work and who demonstrates over a period of not more than three months an ability to do so.
16.5 Pre-Press
(a) Grade 1
A tradesperson who has completed a trade certificate course.
(b) Grade 2
A tradesperson who has the qualifications of Grade 1 and who has completed six months satisfactory service.
16.6 General
(a) Production Assistant 1
A person to be trained in all aspects of non-trades duties including reel preparation, automatic and manual reel handling, reel rewinding, loading and unloading of pallets, mechanical lifting (other than forklift), general assistance and housekeeping duties including machine room cleaning to all departments as requested. Production assistants may be deployed in any area requiring assistance.
(b) Production Assistant 2
A person who after three months employment is capable of carrying out all the duties in Production Assistant 1 and who may hold a current licence to operate a forklift and/or current rigging and scaffolding certificate and/or current crane chasers certificate. Production assistants may be deployed in any area requiring assistance.
(c) Publishing operator
A person trained to operate and adjust all Publishing Room equipment, and when necessary direct other employees in the efficient operation of the equipment. Other employees refers to employees working at a classification below Publishing Operator.
[Varied by PR567618, PR579925, PR592231, PR606454, PR707567, PR729392, PR740817, PR762237]
17.1 Minimum Rates of Pay
[17.1 varied by PR567618, PR579925, PR592231, PR606454, PR707567, PR729392, PR740817, PR762237 ppc 01Jul23]
|
Classification |
Minimum Weekly Award Rate |
|
s |
$ |
|
Production Assistant 1 |
901.00 |
|
Production Assistant 2 |
945.40 |
|
Publishing Operator |
982.60 |
|
Electrical Trades 1 |
995.00 |
|
Mechanical Trades 1 |
995.00 |
|
Printing Machinist 1 |
995.00 |
|
Pre Press Operator 1 |
995.00 |
|
Electrical Trades 2 |
1026.20 |
|
Mechanical Trades 2 |
1026.20 |
|
Printing Machinist 2 |
1026.20 |
|
Pre Press Operator 2 |
1026.20 |
|
Electrical Trades 3 |
1057.10 |
|
Mechanical Trades 3 |
1057.10 |
|
Printing Machinist 3 |
1057.10 |
|
Electrical Trades 4 |
1116.70 |
|
Mechanical Trades 4 |
1116.70 |
|
Printing Machinist 4 |
1116.70 |
|
Electrical Trades 5 |
1140.70 |
|
Mechanical Trades 5 |
1140.70 |
17.2 Relativities
The relativities are as follows:
|
Classification |
Relativity % |
|
Production Assistant 1 |
85 |
|
Production Assistant 2 |
92.5 |
|
Publishing Operator |
98.5 |
|
Printing Machinist 1 |
100 |
|
Pre Press Operator 1 |
100 |
|
Printing Machinist 2 |
105 |
|
Pre Press Operator 2 |
105 |
|
Printing Machinist 3 |
110 |
|
Printing Machinist 4 |
120 |
|
Electrical/Mechanical 5 |
125 |
17.3 Juniors
(a) Junior employees other than apprentices shall be paid the following percentage of the lowest rate in the department concerned:
|
|
Percentage |
|
Under 18 years of age |
50 |
|
18 to 19 years of age |
65 |
|
19 to 20 years of age |
80 |
|
20 to 21 years of age |
95 |
(b) Junior rates shall be calculated in multiples of ten cents with any result of five cents or more being taken to the next highest ten cent multiple.
17.4 Apprentices
(a) Rates of pay for apprentices shall be the applicable percentage of the rate of pay under the award for a Tradesperson Grade 1 in the relevant trade:
|
Year of Apprenticeship |
% of relevant Grade 1 Tradesperson rate for non-Year 12 School Leaver |
% of relevant Grade 1 Tradesperson rate for Year 12 School Leaver |
|
Year 1 |
50 |
55 |
|
Year 2 |
60 |
65 |
|
Year 3 |
75 |
75 |
|
Year 4 |
90 |
90 |
(b) In addition to the rate of pay and other conditions in the NES and this award, apprenticeships shall be governed in all other respects by the relevant Queensland legislation - presently the Vocational Education, Training and Employment Act 2000.
(c) Upon completion of an apprenticeship a tradesperson will be paid under the award. The tradesperson will not be classified as a Grade 1 Tradesperson for more than 3 months.
17.5 Supported wage system
See Schedule A.
17.6 School-based apprentices
See Schedule B.
17.7 National training wage
See Schedule C.
[Varied by PR568178, PR579643, PR592381, PR606604, PR704197, PR707774, PR729571, PR740977, PR750879, PR750879, PR762409]
18.1 Mechanical & electrical tradesperson allowance
Mechanical and electrical tradespersons will be paid an allowance of 11.59% of the standard rate per week. This allowance is in lieu of all other disability, tool and licence allowances.
18.2 Shift allowance
(c) The rate in (a) or (b) will be paid to all Mechanical and Electrical tradespersons and Pre-Press Operator.
(d) For employees classified as Production Assistant, Publishing Operator, and Printing Machinist the rate of 20% increases to 22.5% for shifts commencing not earlier than 1.00 pm.
18.3 Meal allowance
[18.3 varied by PR568178, PR579643, PR592381, PR606604, PR704197, PR707774, PR729571, PR740977, PR762409 ppc 01Jul23]
A meal allowance of $14.02 shall be paid to an employee when more than one hour’s overtime is worked and where a second meal break is taken except when the meal break is paid for as time worked.
18.4 First aid attendant and allowance
(a) First aid attendants shall be paid an allowance of 1.69% of the standard rate per week where they can demonstrate that they have passed the appropriate St Johns Ambulance Certificate or equivalent and they attend the appropriate refresher course every three years.
(b) An employee shall be granted time off by the employer to undertake the qualifying first aid courses; or if undertaking the course during non-working hours, shall be granted the equivalent time off in lieu at a mutually convenient time.
18.5 Service Allowance
(a) A service allowance shall be paid to employees who complete continuous service as follows:
|
Years of continuous services |
Service payment per week |
|
5 |
0.31% of the standard rate |
|
10 |
0.63% of the standard rate |
|
15 |
0.94% of the standard rate |
|
20 |
1.25% of the standard rate |
|
25 |
1.56% of the standard rate |
(b) Continuous service includes prior service at the Bowen Hills and Fortitude Valley sites.
18.6 Automatic adjustment of wage-related allowances
[New 18.6 inserted by PR750879 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
18.7 Adjustment of expense related allowances
[18.6 renumbered as 18.7 by PR750879 ppc 15Mar23]
(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 |
19.1 Subject to clause 19.2, an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:
(a) if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument, enterprise agreement or Division 2B State employment agreement had applied to the employee; and
(b) that would have entitled the employee to accident pay in excess of the employee’s entitlement to accident pay, if any, under any other instrument.
19.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.
19.4 This clause ceases to operate on 31 December 2014.
20.1 All wages will be paid weekly by electronic transfer of funds into an account nominated by the employee with a bank or other financial institution recognised by the Company.
20.2 The Company will make special arrangements, as required, in cases where unusual circumstances delay payment to an unreasonable extent.
20.3 The Company may deduct from wages owing to an employee such amount as is authorised in writing by the employee.
[Varied by PR771404]
21.1 Superannuation legislation
[21.1 substituted by PR771404 ppc 09Apr24]
(a) The NES and 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), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 21 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
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.
21.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 21.3(a) or (b) at no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.
21.4 Superannuation fund
[21.4 varied by PR771262 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 21.2 and pay any amount authorised under clauses 21.3(a) or 21.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) Media Super; or
(b) AustralianSuper; or
(c) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(d) a superannuation fund or scheme which the employee is a defined benefit member of.
21.5 A superannuation fund or scheme which the employee is a defined benefit member of
The employer shall make contributions as follows in respect of each employee who is a defined benefit member of a superannuation fund or scheme:
(a) Non-contributory membership of a superannuation fund or scheme the employee is a defined benefit member of
Contributions by the employer will be made in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 and associated regulations as amended from time to time.
(b) Contributory membership of a superannuation fund or scheme the employee is a defined benefit member of
The employer will pay an additional contribution equal to 3% of wages (as defined in the Rules of the fund), and pay whatever additional contributions are required for the employer-funded defined benefits provided by the fund, in accordance with the Rules of the fund and to comply with legislation.
21.6 Absence from work
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or (b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Hours of Work and Related Matters
22. Ordinary hours of work and rostering
22.1 Ordinary hours of work will be 146 hours in each consecutive 28 days worked on the basis of five days worked in each seven days in periods of not more than ten hours nor less than six hours continuously (except for meal breaks at the discretion of management which shall be unpaid).
22.2 In the event of overlapping shifts an employee may continue work until relieved by a counterpart on the incoming shift or until the supervisor is able to make suitable arrangements to cover the position:
(a) Such work shall not be no longer than 15 minutes, unless mutually agreed.
(b) If outside the rostered hours, shall be paid at overtime rates.
22.3 When an employee is late for work or not attending for duties, the employee will lose pay in 15 minute increments for the period of non attendance except where authorised leave has been granted e.g. someone 20 minutes late loses 30 minutes pay.
22.4 Weekend Work
In addition to the prescribed weekly rates of pay an employee required to work during the period 6.00 am Saturday to 6.00 pm Sunday will be paid an extra half their ordinary hourly rate, and if required to work during the period 6.00 pm Sunday to 6.00 am Monday an extra quarter their ordinary hourly rate. If the majority of the hours worked falls within these periods the whole rostered shift will attract this additional payment.
22.5 Rosters
(a) Rosters for each section or department will specify the commencement and finishing times of ordinary working hours.
(b) Agreed rostering arrangements will be developed provided that the process results in the right people being rostered on at the right times, no additional penalties, and management having the final say on what applies.
(c) Employees shall be notified four weeks in advance of the roster, provided that changes within a roster shall be by mutual agreement between the employer and the employee concerned.
(d) Failing agreement, seven days notice, less in an emergency, of a change within the roster shall be given, or overtime rates paid for the next shift.
(e) Employees with an expectation of regular rosters will be entitled to be consulted prior to any changes as per clause 8.2—Consultation about changes to rosters or hours of work.
23.1 Meal break
No employee shall work more than five hours continuously without a break for a meal unless emergency conditions arise and the meal break would prevent the publication of a newspaper on schedule. The meal break shall not be less than thirty minutes. Overtime rates shall be paid after five hours without a break has been worked.
24. Overtime and penalty rates
24.1 All work done in excess of the daily rostered shift will be paid for at time and one half for the first two hours and double time thereafter for each shift.
24.2 An employee shall be allowed a break of at least ten hours between the time of finishing work and the time the employee next commences work. Any deficiency in this break shall be paid for at overtime rates.
24.3 An employee who agrees to work on a sixth shift shall be paid at the rate of double time for the time worked with a minimum of four hours when a call is paid, otherwise a minimum of six hours; provided that if the employee starts work at the rostered starting time the employee shall be paid for the full shift, and where the employee starts after the rostered starting time, shall be paid for the time worked up to the rostered finishing time, subject to the minimum provided by this clause.
24.4 Work in excess of a rostered shift on Good Friday, Christmas Day and Labour Day or in excess of a sixth shift will be paid at triple time for the first two hours and quadruple time thereafter.
24.5 Overtime will be accumulated in periods of 15 minutes.
24.6 Where an employee works authorised overtime, the finishing time will be taken forward to the next 15 minutes e.g. someone who works 20 minutes overtime gets 30 minutes pay at overtime rates.
24.7 Necessary overtime will be worked to ensure production requirements are met and employees will work reasonable overtime where necessary in addition to the rostered hours of duty.
24.8 Call time
In addition to time worked, a permanent employee called in to work shall be paid two hours at ordinary rates where the employee is contacted after leaving the place of employment.
Part 6—Leave and Public Holidays
25. Annual leave and public holidays
25.1 Annual leave and Public Holidays are provided for in the NES.
25.2 An employee shall be entitled to accrue six weeks and three days annual leave on full pay per year to be taken at a time to be mutually agreed between the Company and the employee. This entitlement is inclusive of the NES entitlement.
25.3 Any public holidays additional to those in clause 25.4 and 25.5 provided for by the NES under section 115(1)(b) of the Act will increase the employee’s entitlement under clause 25.2.
25.6 Full pay shall mean the average of the employee’s pay over the preceding thirteen weeks excluding holiday weeks, overtime, long service leave and full weeks on compensation or personal leave for personal injury and sickness.
25.7 In addition, an employee shall receive an additional 17.5 per cent of this full pay when taking annual leave.
25.8 Provided that if a wage increase occurs immediately prior to an employee taking holidays, the employee shall not receive less than the new weekly rate.
25.9 In the event of an employee leaving or being discharged before the completion of twelve months service, the employee shall be paid the proportion of six weeks and three days wages which the period of employment bears to twelve calendar months. The amount will equal the amount the employee would have been paid had the employee taken the leave.
25.10 Annual leave for employees may be taken up to 2 years after it becomes due. By agreement between the employee and employer, it may be taken in separate instalments including up to 10 single days per year.
25.11 Lieu Days
Employees accrue lieu days when Christmas Day, Good Friday and Labour Day fall within a period of annual leave. These lieu days will be paid out on September 30 each year if they remain untaken.
26. Personal/carer’s leave and compassionate leave
26.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
26.2 Subject to the NES, each employee will be entitled to personal/carer’s leave of 100 hours per year. This entitlement is inclusive of the NES entitlement.
26.3 Payment of personal/carer’s leave
26.4 Evidence supporting claim
(a) Claims for up to 100 hours of personal leave in any one year will not require medical certification but the employee must, if requested by the employer who is acting on the basis of sufficient reason, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.
(b) When taking personal leave in excess of 100 hours an employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.
(c) When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.
(d) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.
26.5 Supplementary Personal Leave
(a) Supplementary personal leave can be used to claim payment for illness and non-compensable injury except:
(i) absences of less than one week duration after paid personal leave has expired,
(ii) any deliberate self-inflicted injury or illness,
(iii) alcohol or drug related traffic accidents,
(iv) injury and illness arising from professional and paid activity.
(b) Payment for supplementary personal leave requires medical certification for the whole period off work, specifying the condition suffered by the employee. Back-dated certificates will not be accepted. In some cases before making payment, the Company may require a second opinion from a Company nominated medical practitioner, at the Company’s expense.
(c) Subject to the foregoing, payment will be made for the duration of the absence.
(d) Each supplementary personal leave claim will stand on its own.
(e) A person is entitled to claim supplementary personal leave in any continuous 12 month period.
(f) Supplementary personal leave entitlement will only apply when an employee exhausts their paid personal leave entitlements which will be utilised after credits transferred from service at Bowen Hills have been exhausted.
(g) Should the employee qualify for future paid personal leave entitlements during a period of supplementary personal leave, supplementary personal leave will be suspended until paid personal leave entitlements have again expired.
(h) Payment will be made on the basis as described in clause 26.3.
(i) Production team members must be physically absent from work for a full calendar week before they can claim supplementary personal leave.
(j) Such supplementary personal leave must be paid from the initial date of a production team member’s absence.
(k) Untaken supplementary personal leave does not accumulate from year to year.
26.6 Compassionate leave
(a) Subject to prompt notice being given to the Company and proof of death being furnished to the Company’s satisfaction, a permanent employee will be granted sufficient compassionate leave to arrange for and/or attend the funeral of a member of the employee’s immediate family.
(b) Unpaid leave
An employee may take unpaid compassionate leave by agreement with the employer.
27.1 Community service leave is provided for in the NES.
27.2 Jury service
(a) An employee summoned to attend any court of law as a juror or subpoenaed as a witness shall not, because of such attendance, receive less than the normal rate of pay after taking into account the amount received from the jury service or witness fee, provided the employee furnishes proof to the Company of the jury call or subpoena and returns to work immediately the employee is discharged from the court.
(b) A night worker who is empanelled on a jury or is subpoenaed and serves throughout the day shall not be required to report for work that night if the employee notifies the management as soon as possible.
(c) A day worker shall not be required to come to the plant before attending at court.
(d) If a night worker has to report for jury service the following day, that night worker shall finish work no later than midnight the night before the employee is required to report for jury service and there shall be no replacement for that night worker.
Parental leave is provided for in the NES.
Schedule A—Supported Wage System
[Varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969]
A.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.
[A.2 varied by PR568050 ppc 01Jul15]
A.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
A.3 Eligibility criteria
A.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.
A.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.
A.4 Supported wage rates
A.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 A.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[A.4.2 varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
A.4.2 Provided that the minimum amount payable must be not less than $102 per week.
A.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
A.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.
A.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.
A.6 Lodgement of SWS wage assessment agreement
A.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.
A.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.
A.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.
A.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.
A.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.
A.10 Trial period
A.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.
A.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.
[A.10.3 varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
A.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.
A.10.4 Work trials should include induction or training as appropriate to the job being trialled.
A.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 A.5.
Schedule B—School-based Apprentices
B.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
B.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
B.4 For the purposes of clause B.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
B.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
B.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
B.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.
B.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency-based progression, if provided for in this award.
B.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression, if provided for in this award. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
B.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
B.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule C—National Training Wage
[Varied by PR567618, PR579925, PR592231, PR606454, PR707567, PR729392, PR740817, PR762237]
C.1 Title
This is the National Training Wage Schedule.
C.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(c) not include any period during a calendar year in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
C.3 Coverage
C.3.1 Subject to clauses C.3.2 to C.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 to this schedule or by clause C.5.4 of this schedule.
C.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
C.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
C.4 Types of Traineeship
The following types of traineeship are available under this schedule:
C.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
C.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
C.5 Minimum Wages
[C.5 substituted by PR567618, PR579925, PR592231, PR606454, PR707567, PR729392, PR740817, PR762237 ppc 01Jul23]
C.5.1 Minimum wages for full-time traineeships
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
384.30 |
423.10 |
503.30 |
|
Plus 1 year out of school |
423.10 |
503.30 |
585.70 |
|
Plus 2 years out of school |
503.30 |
585.70 |
681.60 |
|
Plus 3 years out of school |
585.70 |
681.60 |
780.40 |
|
Plus 4 years out of school |
681.60 |
780.40 |
|
|
Plus 5 or more years out of school |
780.40 |
|
|
(b) Wage Level B
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
Per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
384.30 |
423.10 |
490.50 |
|
Plus 1 year out of school |
423.10 |
490.50 |
564.20 |
|
Plus 2 years out of school |
490.50 |
564.20 |
661.80 |
|
Plus 3 years out of school |
564.20 |
661.80 |
754.70 |
|
Plus 4 years out of school |
661.80 |
754.70 |
|
|
Plus 5 or more years out of school |
754.70 |
|
|
(c) Wage Level C
Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
384.30 |
423.10 |
490.50 |
|
Plus 1 year out of school |
423.10 |
490.50 |
554.70 |
|
Plus 2 years out of school |
490.50 |
554.70 |
619.70 |
|
Plus 3 years out of school |
554.70 |
619.70 |
690.20 |
|
Plus 4 years out of school |
619.70 |
690.20 |
|
|
Plus 5 or more years out of school |
690.20 |
|
|
(d) AQF Certificate Level IV traineeships
(i) Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per week |
per week |
|
|
$ |
$ |
|
Wage level A |
810.00 |
840.80 |
|
Wage level B |
783.40 |
813.20 |
|
Wage level C |
716.50 |
743.60 |
C.5.2 Minimum wages for part-time traineeships
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
12.64 |
13.92 |
16.55 |
|
Plus 1 year out of school |
13.92 |
16.55 |
19.27 |
|
Plus 2 years out of school |
16.55 |
19.27 |
22.42 |
|
Plus 3 years out of school |
19.27 |
22.42 |
25.68 |
|
Plus 4 years out of school |
22.42 |
25.68 |
|
|
Plus 5 or more years out of school |
25.68 |
|
|
(b) Wage Level B
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
12.64 |
13.92 |
16.14 |
|
Plus 1 year out of school |
13.92 |
16.14 |
18.56 |
|
Plus 2 years out of school |
16.14 |
18.56 |
21.77 |
|
Plus 3 years out of school |
18.56 |
21.77 |
24.83 |
|
Plus 4 years out of school |
21.77 |
24.83 |
|
|
Plus 5 or more years out of school |
24.83 |
|
|
(c) Wage Level C
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:
|
|
Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
|
|
|
|
|
School leaver |
12.64 |
13.92 |
16.14 |
|
Plus 1 year out of school |
13.92 |
16.14 |
18.24 |
|
Plus 2 years out of school |
16.14 |
18.24 |
20.39 |
|
Plus 3 years out of school |
18.24 |
20.39 |
22.70 |
|
Plus 4 years out of school |
20.39 |
22.70 |
|
|
Plus 5 or more years out of school |
22.70 |
|
|
(d) School-based traineeships
Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix C1 are as follows when the trainee works ordinary hours:
|
Year of schooling |
||
|
Year 11 or lower |
Year 12 |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
|
12.64 |
13.92 |
|
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
|
Wage level |
First year of traineeship |
Second and subsequent years of traineeship |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
Wage level A |
26.65 |
27.65 |
|
Wage level B |
25.77 |
26.75 |
|
Wage level C |
23.57 |
24.46 |
(f) Calculating the actual minimum wage
(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
C.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix C1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
C.6 Employment conditions
C.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
C.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
C.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.
Note: The time to be included for the purpose of calculating the wages for part‑time trainees whose approved training is fully off‑the‑job is determined by clause C.5.2(f)(ii) and not by this clause.
C.6.4 Subject to clause C.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
Appendix C1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
C1.1 Wage Level A
|
Training package |
AQF certificate level |
|
Aeroskills |
II |
|
Aviation |
I |
|
Beauty |
III |
|
Business Services |
I |
|
Chemical, Hydrocarbons and Refining |
I |
|
Civil Construction |
III |
|
Coal Training Package |
II |
|
Community Services |
II |
|
Construction, Plumbing and Services Integrated Framework |
I |
|
Correctional Services |
II |
|
Drilling |
II |
|
Electricity Supply Industry—Generation Sector |
II |
|
Electricity Supply Industry—Transmission, Distribution and Rail Sector |
II |
|
Electrotechnology |
I |
|
Financial Services |
I |
|
Floristry |
III |
|
Food Processing Industry |
III |
|
Gas Industry |
III |
|
Information and Communications Technology |
I |
|
Laboratory Operations |
II |
|
Local Government (other than Operational Works Cert I and II) |
I |
|
Manufactured Mineral Products |
III |
|
Manufacturing |
I |
|
Maritime |
I |
|
Metal and Engineering (Technical) |
II |
|
Metalliferous Mining |
II |
|
Museum, Library and Library/Information Services |
II |
|
Plastics, Rubber and Cablemaking |
III |
|
Public Safety |
III |
|
Public Sector |
II |
|
Pulp and Paper Manufacturing Industries |
III |
|
Retail Services (including wholesale and Community pharmacy) |
III |
|
Telecommunications |
II |
|
Textiles, Clothing and Footwear |
III |
|
Tourism, Hospitality and Events |
I |
|
Training and Assessment |
III |
|
Transport and Distribution |
III |
|
Water Industry (Utilities) |
III |
C1.2 Wage Level B
|
Training package |
AQF certificate level |
|
Animal Care and Management |
I |
|
Asset Maintenance |
I |
|
Australian Meat Industry |
I |
|
Automotive Industry Manufacturing |
II |
|
Automotive Industry Retail, Service and Repair |
I |
|
Beauty |
II |
|
Caravan Industry |
II |
|
Civil Construction |
I |
|
Community Recreation Industry |
III |
|
Entertainment |
I |
|
Extractive Industries |
II |
|
Fitness Industry |
III |
|
Floristry |
II |
|
Food Processing Industry |
I |
|
Forest and Forest Products Industry |
I |
|
Furnishing |
I |
|
Gas Industry |
I |
|
Health |
II |
|
Local Government (Operational Works) |
I |
|
Manufactured Mineral Products |
I |
|
Metal and Engineering (Production) |
II |
|
Outdoor Recreation Industry |
I |
|
Plastics, Rubber and Cablemaking |
II |
|
Printing and Graphic Arts |
II |
|
Property Services |
I |
|
Public Safety |
I |
|
Pulp and Paper Manufacturing Industries |
I |
|
Retail Services |
I |
|
Screen and Media |
I |
|
Sport Industry |
II |
|
Sugar Milling |
I |
|
Textiles, Clothing and Footwear |
I |
|
Transport and Logistics |
I |
|
Visual Arts, Craft and Design |
I |
|
Water Industry |
I |
C1.3 Wage Level C
|
Training package |
AQF certificate level |
|
Agri-Food |
I |
|
Amenity Horticulture |
I |
|
Conservation and Land Management |
I |
|
Funeral Services |
I |
|
Music |
I |
|
Racing Industry |
I |
|
Rural Production |
I |
|
Seafood Industry |
I |
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