Horse and Greyhound Training Award 2010

Horse and Greyhound Training Award 2010

 

The above award was first made on 19 December 2009 [PR985118]

This consolidated version of the award includes variations made on 11 September 2009 [PR988388]; 21 September 2009 [PR989300]; 10 December 2009 [PR990535]; 15 December 2009 [PR990821]; 5 March 2010 [PR994304]; 4 June 2010 [PR997772]; 21 June 2010 [PR997887]; 21 June 2010 [PR998045]; 29 June 2010 [PR998748]; 6 December 2010 [PR503610]; 20 June 2011 [PR509039]; 21 June 2011 [PR509161]; 21 June 2011 [PR510670]; 18 June 2012 [PR522870]; 18 June 2012 [PR525068]; 19 June 2012 [PR522991]; 23 October 2012 [PR530232]

 

Table of Contents

[Varied by PR988388]

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 regarding major workplace change

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 and minimum wages

14.              Allowances

15.              District allowances

16.              Accident pay

17.              Higher duties

18.              Payment of wages

19.              Superannuation

Part 5 - Hours of Work and Related Matters

20.              Ordinary hours of work and rostering

21.              Breaks

22.              Overtime and penalty rates

Part 6 - Leave and Public Holidays

23.              Annual leave

24.              Personal/carer's leave and compassionate leave

25.              Community service leave

26.              Public holidays

Schedule A - Transitional Provisions

Schedule B - Supported Wage System

Schedule C - National Training Wage

Appendix C1: Allocation of Traineeships to Wage Levels


Part 1 - Application and Operation

 

1.              Title

This award is the Horse and Greyhound Training Award 2010.

2.              Commencement and transitional

[Varied by PR988388]

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              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, Fair Work Australia may make any order it considers appropriate to remedy the situation.

2.5              Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.

2.6              Fair Work Australia 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 PR994304, PR997772, PR503610]

3.1              In this award, unless the contrary intention appears:

[Definition of Act substituted by PR994304 from 01Jan10]

Act means the Fair Work Act 2009 (Cth)

[Definition of agreement - based transitional instrument inserted by PR994304 from 01Jan10]

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

[Definition of award - based transitional instrument inserted by PR994304 from 01Jan10]

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

[Definition of Commission deleted by PR994304 from 01Jan10]

[Definition of Division 2B State award inserted by PR503610 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 PR503610 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 PR994304, PR997772 from 01Jan10]

employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR994304, PR997772 from 01Jan10]

employer means national system employer within the meaning of the Act

[Definition of enterprise award deleted by PR994304 from 01Jan10]

[Definition of enterprise award - based instrument inserted by PR994304 from 01Jan10]

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

horse and greyhound training industry means the business, calling or occupation of the training and preparation of animals for the thoroughbred, trotting, harness and greyhound racing industries and covers the functions of pre - training, grooming, feeding, handling, stabling and exercising of animals, the cleaning, care and maintenance of stables and associated training equipment and the care and leading in of horses at race meetings

[Definition of NAPSA deleted by PR994304 from 01Jan10]

[Definition of NES substituted by PR994304 from 01Jan10]

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

[Definition of on - hire inserted by PR994304 from 01Jan10]

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

stable foreman means a stablehand appointed to be in charge of or directing the work of not less than three stablehands

stablehand means a person (including a jockey) employed in the horse and greyhound training industry engaged in connection with the training and preparation of horses and engaged in grooming, feeding, handling, stabling and exercising of horses and the cleaning, care and maintenance of stables and associated training equipment and the caring of and leading in of horses at race meetings

standard rate means the minimum weekly wage for the stable foreman classification in clause 13 - Classifications and minimum wages

track rider means a person who is engaged to ride track work exclusively and may be a jockey or an apprentice other than a jockey or an apprentice who has an established arrangement with the employer with respect to race riding

trainer means a person employed to oversee all aspects of training a horse or greyhound

training assistant means a person employed to perform general duties in the horse and greyhound training industry being duties which are not within the duties of any other classification in this award including general labouring, cleaning, minor maintenance duties incidental or peripheral to cleaning, ordering supplies, receiving deliveries and basic clerical work

[Definition of transitional minimum wage instrument inserted by PR994304 from 01Jan10]

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

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

4.              Coverage

[Varied by PR994304]

4.1              This industry award covers employers throughout Australia in the horse and greyhound training industry and their employees in the classifications listed in clause 13 - Classifications and minimum wages 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 substituted by PR994304 from 01Jan10]

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.

[New 4.4, 4.5 and 4.6 inserted by PR994304 from 01Jan10]

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.

[4.4 renumbered as 4.7 by PR994304 from 01Jan10]

4.7              Where an employer is covered by more than one award, an employee of that employer is covered by the 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 PR994304]

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              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

[7.3(b) substituted by PR994304 from 01Jan10]

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

[7.4 substituted by PR994304 from 01Jan10]

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 deleted by PR994304 from 01Jan10]

[7.6 renumbered as 7.5 by PR994304 from 01Jan10]

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

[New 7.6 inserted by PR994304 from 01Jan10]

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:

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

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

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.              Consultation regarding major workplace change

8.1              Employer to notify

(a)              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.

(b)              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.

8.2              Employer to discuss change

(a)              The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, 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.

(b)              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.

(c)              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.             

9.              Dispute resolution

[Varied by PR994304]

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 PR994304 from 01Jan10]

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 Fair Work Australia.

[9.3 varied by PR994304 from 01Jan10]

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

[9.4 varied by PR994304 from 01Jan10]

9.4              Where the matter in dispute remains unresolved, Fair Work Australia 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

10.1              Subject to clause 10.4 and except as hereinafter provided employment must be by the week. It must be clearly indicated by the employer whether the employee is engaged on a full - time, part - time or casual basis.

10.2              Probationary employment

(a)              An employer may initially engage a full - time or part - time employee for a period of probationary employment for the purpose of determining the employee's suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed four weeks.

(b)              A probationary employee is for all purposes of the award a full - time or part - time employee.

(c)              Probationary employment forms part of an employee's period of continuous service for all purposes of the award, except where otherwise specified in the award.

(d)              Probationary employees may give, or be given, notice on the following basis:

First week of service

1 day's notice

Second week of service

2 days' notice

Third week of service

3 days' notice

Fourth week of service

4 days' notice

(e)              Where an employee has given or been given such notice, the employee will continue in the employment until the date of expiration of such notice. Any employee who, having given or been given such notice, is absent from work without reasonable cause (proof of which will lie on the employee) during such period will be deemed to have abandoned the employment and will not be entitled to payment for work done by the employee within that period.

10.3              Part - time employment

A part - time employee means an employee who works a regular pattern of hours from week to week which is less than the standard ordinary hours in any week. The terms of this award apply pro rata for part - time employees on the basis that ordinary weekly hours for full - time employees are 38.

10.4              Casual employment

(a)              A casual employee is to be employed by the hour and the employment of a casual employee may be terminated at any time.

(b)              Casual employees may only be engaged in the following circumstances:

(i)              to meet short term work needs; or

(ii)              to carry out work in emergency circumstances; or

(iii)              to perform work unable to be practicably rostered to a permanent employee.

(c)              A casual employee working ordinary time must be paid the appropriate minimum wage prescribed in clause 13 - Classifications and minimum wages, calculated hourly plus a loading of 25% but will not be entitled to any of the leave or public holiday benefits applying to full - time employees. The loading constitutes part of the casual employee's all - purpose rate.

(d)              A casual employee who has been employed on a regular pattern of hours in 12 consecutive weeks must after that time have the right to elect to be engaged as a permanent employee if the employment on a regular pattern of hours continues into the next consecutive week. Any eligible employee that elects to convert must thereafter be treated for all purposes of this award as a full - time or part - time employee, as the case may be.

(e)              An employee must not be engaged or re - engaged as a casual employee under this clause to avoid any obligation under this award.

(f)              A casual employee must be engaged:

(i)              for a minimum daily period of three hours; and

(ii)              not more than once on each day.

(g)              If a casual employee is given notice or dismissed at other than the normal place of employment the employee must be entitled to transport or return fares to the usual place of employment.

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 the 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 PR994304, PR503610]

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 substituted by PR994304 from 01Jan10; renamed by PR503610 ppc 01Jan11]

(a)              Subject to clause 12.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a notional agreement preserving a State award:

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

(ii)              that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.

(b)              The employee's entitlement to redundancy pay under the notional agreement preserving a State award is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(c)              This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              Clause 12.5 ceases to operate on 31 December 2014.

12.6              Transitional provisions - Division 2B State employees

[12.6 inserted by PR503610 ppc 01Jan11]

(a)              Subject to clause 12.6(b) an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a Division 2B State award:

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

(ii)              that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.

(b)              The employee's entitlement to redundancy pay under the Division 2B State award is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(c)              This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              Clause 12.6 ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

 

13.              Classifications and minimum wages

[Varied by PR988388, PR997887, PR509039, PR522870]

13.1              The minimum weekly wages for adults will be the following:

[13.1 varied by PR997887, PR509039, PR522870 ppc 01Jul12]

Classification

Minimum weekly wage

 

$

Stable employee (on commencement with employer)

606.40

Stablehand Grade 1 (after three months' continuous employment with the employer)

624.00

Stablehand Grade 2 (who has at least two years in the industry and whose duties are above those required of a Grade 1 employee)

648.00

Track rider

648.00

Stable foreman

706.10

Training assistant

728.30

Trainer

770.50

13.2              Deductions from wages

Where board and lodging are provided for permanent employees on or adjacent to the employer's property the employer may deduct from the employee's earnings a reasonable amount to be mutually agreed upon as the charge for such board and lodging.

13.3              Junior employees

(a)              The minimum weekly wage to be paid to any unapprenticed employee, including any probationary apprentice, under 21 years of age, is a percentage of the relevant minimum wage in clause 13.1 determined in accordance with the following table:

Age

Percentage

15 and under 16 years

55

16 and under 17 years

60

17 and under 18 years

65

18 and under 19 years

70

19 and under 20 years

80

20 years of age

95

(b)              Such percentage is to be rounded to the nearest 10 cents.

(c)              If required by the employer an employee must produce either a birth certificate or a statutory declaration as to the employee's age.

13.4              Supported wage system

See Schedule B

13.5              National training wage

See Schedule C

14.              Allowances

[Varied by PR998045, PR509161, PR522991]

14.1              Racecourse attendance allowance

Every employee who is required to attend a race meeting must be paid a racecourse attendance allowance calculated as follows:

[14.1(a) varied by PR522991 ppc 01Jul12]

(a)              where the racecourse is situated within 75 kilometres of the employee's place of employment: $22.88;

[14.1(b) varied by PR522991 ppc 01Jul12]

(b)              where the racecourse is more than 75 kilometres from the employee's place of employment, the allowance in clause 14.1(a) plus $5.39 for each additional 50 kilometres or part thereof that the racecourse is situated from the place of employment.

14.2              Transport allowance

In addition to the allowance in clause 14.1, every employee who is required to attend a race meeting and perform work covered by the award must, if the horse is floated, be reimbursed an amount equal to the cost of fares reasonably spent by the employee in travelling from the employee's usual place of work to the race meeting unless the employer supplies transport.

14.3              Meal allowances

[14.3 varied by PR998045, PR509161, PR522991 ppc 01Jul12]

(a)              When required to attend a race meeting an employee must be paid an allowance of $10.24 for each meal unless the employer supplies the meal.

(b)              An employee required to work overtime for more than one and a half hours without being notified on the previous day or earlier must be paid an allowance of $12.51 for each meal. If an employee is notified on the previous day or earlier of a requirement to work overtime for more than one and a half hours and provides their own meal but is subsequently not required to work overtime or is required to work less overtime than advised, the employee must be paid the allowance.

14.4              Travel allowance

Where in the course of the employment an employee is required to live and sleep at some place other than the employee's normal place of residence or where an employee is required by the employer to travel, the employee must be paid their reasonable out - of - pocket expenses before leaving the employer's premises.

14.5              Protective clothing and footwear

(a)              Where it is necessary that an employee wear gumboots, waterproof coats, waterproof half - coats and waterproof trousers, the employer must reimburse the employee for the costs of purchasing such clothing not supplied by the employer.

(b)              Where protective clothing is supplied without cost to the employee, it will remain the property of the employer. In the event of an employee leaving, or being employed where such clothing is not required, the protective clothing must be returned to the employer in good condition, fair wear and tear excepted.

14.6              Boots, cap and vest allowance

Track riders (including people required to drive or ride horses) must be paid an allowance per week by way of subsidy of $5.46 instead of riding boots, skullcaps and safety vest and each employee must provide a suitable skullcap, safety vest and riding boots as required.

14.7              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 allowances

Take away and fast foods sub - group

Boots, cap and vest allowance

Clothing and footwear group

Racecourse attendance allowance

Private motoring sub - group

   

15.              District allowances

[Varied by PR994304]

15.1              Northern Territory

An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

[15.1(a) substituted by PR994304 from 01Jan10]

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

(b)              that would have entitled the employee to payment of a district allowance.

15.2              Western Australia

[15.2 substituted by PR994304 from 01Jan10]

An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a notional agreement preserving a State award or an award made under the Workplace Relations Act 1996 (Cth):

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

(b)              that would have entitled the employee to payment of a district allowance.

15.3              This clause ceases to operate on 31 December 2014.

16.              Accident pay

[Varied by PR994304, PR503610]

[16.1 varied by PR994304; substituted by PR503610 ppc 01Jan11]

16.1              Subject to clause 16.2, 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.

[16.2 substituted by PR994304, PR503610 ppc 01Jan11]

16.2              The employee's entitlement to accident pay under the award, the notional agreement preserving a State award or the Division 2B State award is limited to the amount of accident pay which exceeds the employee's entitlement to accident pay, if any, under any other instrument.

16.3              This clause does not operate to diminish an employee's entitlement to accident pay under any other instrument.

16.4              This clause ceases to operate on 31 December 2014.

17.              Higher duties

[17 - Mixed functions renamed as Higher duties by PR994304 from 01Jan10]

17.1              An employee who is required to do work for which a higher rate is fixed than that provided for in their ordinary duties must, if such work exceeds a total of four hours on any day, be paid at the higher rate for all work done on such day.

17.2              In all other cases the employee must be paid the higher rate for the actual time worked.

18.              Payment of wages

18.1              When an employee's employment is terminated before the usual payday, the employee must be paid all wages and holiday pay to which the employee is entitled within 24 hours of leaving the employer's service.

18.2              Wages must be paid once weekly or once fortnightly at the discretion of the employer and with the consent of the employee, provided that no employer will keep more than two days' pay in hand, other than for casual employees, whose wages will be paid in full.

18.3              Wages may be paid by cash or cheque or be transferred directly to the employee's bank account.

18.4              Payment is to be made on a nominated day between Monday and Friday, unless the day is a public holiday, in which case payment must be made the day before.

18.5              On or prior to payday, the employer must state to each employee, in writing, the total amount of wages to which the employee is entitled, the deductions and the net amount.

19.              Superannuation

[Varied by PR989300, PR990535, PR990821, PR994304, PR530232]

19.1              Superannuation legislation

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

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

19.2              Employer contributions

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

19.3              Voluntary employee contributions

(a)              Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post - taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.

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

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

19.4              Superannuation fund

[19.4 varied by PR994304 from 01Jan10]

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

(a)              AustralianSuper;

(b)              HOSTPLUS;

(c)              SunSuper;

(d)              AMP Superannuation Savings Trust;

(e)              Nationwide Superannuation Fund;

[19.4(f) substituted by PR530232 ppc 26Oct12]

(f)              CareSuper; or

(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 is an eligible choice fund.

Part 5 - Hours of Work and Related Matters

 

20.              Ordinary hours of work and rostering

20.1              The ordinary hours of work are 38 hours per week to be worked within rostered hours in five full days, or four full days and two half days, Monday to Saturday.

20.2              No employee will be required to work after 12 noon as part of the ordinary hours in any week on the two days rostered as the employee's two half days off.

20.3              A roster setting out the five days or the four days and two half days to be worked in any one week, Monday to Saturday, by each employee must be posted up on Monday of the preceding week.

20.4              By arrangement with the employer, stablehands may agree to change their rostered half days off in any week; this must be in writing.

21.              Breaks

21.1              One 15 minute break, to be counted as time worked, must be allowed during the morning period of each working day to each individual employee at a time to be arranged by the employer in consultation with the employees.

21.2              For all employees rostered to work more than six hours, one 30 minute unpaid meal break is to be taken between hour five and hour six of the shift at a time arranged by the employer following consultation with employees.

22.              Overtime and penalty rates

22.1              All work performed in excess of or outside the ordinary hours prescribed by clause 20 - Ordinary hours of work and rostering, of this award must be paid at 150% of the relevant minimum wage calculated hourly for the first three hours and 200% for the rest of the overtime.

22.2              An employee required to work on a Sunday must be paid for all such work at 200% of the relevant minimum wage per hour for a minimum of three hours.

22.3              An employee may elect to take time off in place of payment for overtime. The overtime payment otherwise payable will be reduced by an amount calculated at the ordinary time rate for the time off.

22.4              An employee directed to stand by in readiness to work outside the ordinary hours or to do watch keeping or guard duties outside the ordinary working hours will, until released, be paid at overtime rates for all time so engaged.

Part 6 - Leave and Public Holidays

 

23.              Annual leave

[Varied by PR994304]

23.1              Annual leave is provided for in the NES. Annual leave does not apply to casual employees.

23.2              By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. Provided that if leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination.

23.3              Where an employer intends temporarily to close (or reduce to nucleus) the place of employment or a section of it for the purpose, amongst others, of allowing annual leave to the employees concerned or a majority of them, the employer may give those employees one month's notice in writing of an intention to apply the provisions of this clause. In the case of any employee engaged after notice has been given, notice must be given to that employee on the date of their engagement.

(a)              Any employee who has accrued annual leave at the date of closing must:

(i)              be given annual leave commencing from the date of closing; and

(ii)              be paid 1/12th of their ordinary pay for any period of employment between accrual of the employee's right to the annual leave and the date of closing.

(b)              Any employee who has no accrued annual leave at the date of closing must:

(i)              be given leave without pay as from the date of closing; and

(ii)              be paid for any public holiday during such leave for which the employee is entitled to payment.

[23.4 substituted by PR994304 from 01Jan10]

23.4              Annual leave is to be taken within 18 months of the entitlement accruing. For the purpose of ensuring accrued annual leave is taken within that period and in the absence of agreement as provided for in s.88 of the Act, an employer may require an employee to take a period of annual leave from a particular date provided the employee is given at least 28 days' notice.

23.5              Before the start of the employee's annual leave the employer must pay the employee:

[23.5(a) substituted by PR994304 from 01Jan10]

(a)              notwithstanding the base rate of pay referred to in s.90(1) of the Act, the amount the employee would have earned for working their normal hours, exclusive of overtime, had they not been on leave; and

(b)              an additional loading of 17.5% of the relevant minimum wage for the period of leave.

[23.6 substituted by PR994304 from 01Jan10]

23.6              Where an employee is entitled to a payment on termination of employment pursuant to s.90(2) of the Act, the amount is to be calculated in accordance with clause 23.5(a) above.

24.              Personal/carer's leave and compassionate leave

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

25.              Community service leave

Community service leave is provided for in the NES.

26.              Public holidays

26.1              Public holidays are provided for in the NES.

26.2              An employer and the employees may by agreement substitute another day for a public holiday. Where there is no agreement the employer may substitute another day but not so as to give an employee less time off work than the employee would have had if the employee had received the public holiday.

26.3              If an employee works on a public holiday, and another day has not been substituted pursuant to the previous clause, the employee will be paid at 200% of the employee's minimum wage per hour for all hours worked.

Schedule A - Transitional Provisions

 

[Varied by PR988388, PR994304, PR503610]

A.1              General

A.1.1              The provisions of this schedule deal with minimum obligations only.

[A.1.2 substituted by PR994304 from 01Jan10]

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,

[A.2.1(b) substituted by PR994304 from 01Jan10]

(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,

[A.3.1(b) substituted by PR994304 from 01Jan10]

(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 substituted by PR994304 from 01Jan10]

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 substituted by PR994304 from 01Jan10]

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 substituted by PR994304 from 01Jan10]

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 substituted by PR994304 from 01Jan10]

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 substituted by PR994304 from 01Jan10]

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 substituted by PR994304 from 01Jan10]

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 substituted by PR994304 from 01Jan10]

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 PR503610 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 - Supported Wage System

 

[Varied by PR988388; substituted by PR994304 ppc 01Jan10; varied by PR998748, PR510670, PR525068]

B.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.

B.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 Education, Employment and Workplace Relations that records the employee's productive capacity and agreed wage rate

B.3              Eligibility criteria

B.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.

B.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.

B.4              Supported wage rates

B.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 B.5)

%

Relevant minimum wage

%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

[B.4.2 varied by PR998748, PR510670, PR525068 ppc 01Jul12]

B.4.2              Provided that the minimum amount payable must be not less than $76 per week.

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

B.5              Assessment of capacity

B.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.

B.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.

B.6              Lodgement of SWS wage assessment agreement

B.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 Fair Work Australia.

B.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 Fair Work Australia to the union by certified mail and the agreement will take effect unless an objection is notified to Fair Work Australia within 10 working days.

B.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.

B.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.

B.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.

B.10              Trial period

B.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.

B.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.

[B.10.3 varied by PR998748, PR510670, PR525068 ppc 01Jul12]

B.10.3              The minimum amount payable to the employee during the trial period must be no less than $76 per week.

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

B.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 B.5.

 

Schedule C - National Training Wage

 

[Varied by PR988388; substituted by PR994304 ppc 01Jan10; varied by PR997887, PR509039, PR522870]

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.3.2              This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix C1 to 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.3.4              This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

C.3.5              Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.

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 PR997887, PR509039, PR522870 ppc 01Jul12]

C.5.1              Minimum wages for full - time traineeships

(a)              Wage Level A

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

272.40

300.10

357.50

Plus 1 year out of school

300.10

357.50

416.00

Plus 2 years out of school

357.50

416.00

484.10

Plus 3 years out of school

416.00

484.10

554.30

Plus 4 years out of school

484.10

554.30

 

Plus 5 or more years out of school

554.30

 

 

(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

272.40

300.10

347.90

Plus 1 year out of school

300.10

347.90

400.10

Plus 2 years out of school

347.90

400.10

469.20

Plus 3 years out of school

400.10

469.20

535.20

Plus 4 years out of school

469.20

535.20

 

Plus 5 or more years out of school

535.20

 

 

(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

272.40

300.10

347.90

Plus 1 year out of school

300.10

347.90

391.50

Plus 2 years out of school

347.90

391.50

437.30

Plus 3 years out of school

391.50

437.30

487.30

Plus 4 years out of school

437.30

487.30

 

Plus 5 or more years out of school

487.30

 

 

(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

575.60

598.00

Wage Level B

555.40

576.70

Wage Level C

505.40

524.60

C.5.2              Minimum wages for part - time traineeships

(a)              Wage Level A

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

8.96

9.88

11.76

Plus 1 year out of school

9.88

11.76

13.69

Plus 2 years out of school

11.76

13.69

15.93

Plus 3 years out of school

13.69

15.93

18.23

Plus 4 years out of school

15.93

18.23

 

Plus 5 or more years out of school

18.23

 

 

(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

8.96

9.88

11.45

Plus 1 year out of school

9.88

11.45

13.16

Plus 2 years out of school

11.45

13.16

15.44

Plus 3 years out of school

13.16

15.44

17.61

Plus 4 years out of school

15.44

17.61

 

Plus 5 or more years out of school

17.61

 

 

(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

8.96

9.88

11.45

Plus 1 year out of school

9.88

11.45

12.88

Plus 2 years out of school

11.45

12.88

14.39

Plus 3 years out of school

12.88

14.39

16.03

Plus 4 years out of school

14.39

16.03

 

Plus 5 or more years out of school

16.03

 

 

(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

$

$

8.96

9.88

(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

18.94

19.67

Wage Level B

18.26

18.97

Wage Level C

16.63

17.26

(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.

C.5.4              Default wage rate

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.

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
II
III

Beauty

III

Business Services

I
II
III

Chemical, Hydrocarbons and Refining

I
II
III

Civil Construction

III

Coal Training Package

II
III

Community Services

II
III

Construction, Plumbing and Services Integrated Framework

I
II
III

Correctional Services

II
III

Drilling

II
III

Electricity Supply Industry - Generation Sector

II
III (in Western Australia only)

Electricity Supply Industry - Transmission, Distribution and Rail Sector

II

Electrotechnology

I
II
III (in Western Australia only)

Financial Services

I
II
III

Floristry

III

Food Processing Industry

III

Gas Industry

III

Information and Communications Technology

I
II
III

Laboratory Operations

II
III

Local Government (other than Operational Works Cert I and II)

I
II
III

Manufactured Mineral Products

III

Manufacturing

I
II
III

Maritime

I
II
III

Metal and Engineering (Technical)

II
III

Metalliferous Mining

II
III

Museum, Library and Library/Information Services

II
III

Plastics, Rubber and Cablemaking

III

Public Safety

III

Public Sector

II
III

Pulp and Paper Manufacturing Industries

III

Retail Services (including wholesale and Community pharmacy)

III

Telecommunications

II
III

Textiles, Clothing and Footwear

III

Tourism, Hospitality and Events

I
II
III

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
II
III

Asset Maintenance

I
II
III

Australian Meat Industry

I
II
III

Automotive Industry Manufacturing

II
III

Automotive Industry Retail, Service and Repair

I
II
III

Beauty

II

Caravan Industry

II
III

Civil Construction

I

Community Recreation Industry

III

Entertainment

I
II
III

Extractive Industries

II
III

Fitness Industry

III

Floristry

II

Food Processing Industry

I
II

Forest and Forest Products Industry

I
II
III

Furnishing

I
II
III

Gas Industry

I
II

Health

II
III

Local Government (Operational Works)

I
II

Manufactured Mineral Products

I
II

Metal and Engineering (Production)

II
III

Outdoor Recreation Industry

I
II
III

Plastics, Rubber and Cablemaking

II

Printing and Graphic Arts

II
III

Property Services

I
II
III

Public Safety

I
II

Pulp and Paper Manufacturing Industries

I
II

Retail Services

I
II

Screen and Media

I
II
III

Sport Industry

II
III

Sugar Milling

I
II
III

Textiles, Clothing and Footwear

I
II

Transport and Logistics

I
II

Visual Arts, Craft and Design

I
II
III

Water Industry

I
II

 

C1.3              Wage Level C

Training package

AQF certificate level

Agri - Food

I

Amenity Horticulture

I
II
III

Conservation and Land Management

I
II
III

Funeral Services

I
II
III

Music

I
II
III

Racing Industry

I
II
III

Rural Production

I
II
III

Seafood Industry

I
II
III

 

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(1)
Code:
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Title:
Horse and Greyhound Training Award 2010
Effective:
20 Sep 2019
Instrument Type:
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Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
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Horse and Greyhound Training Award 2010
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Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
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Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
Horse and Greyhound Training Award 2010
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