Racing Industry Ground Maintenance Award 2010

Racing Industry Ground Maintenance Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 7 November 2018 (PR701683).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/210;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8;AM2016/15;AM2016/17;AM2016/8

Table of Contents

[Varied by PR988384,PR994476,PR532630,PR544519,PR546288,PR557581,PR573679,PR583063,PR584145,PR588726,PR609331,PR610172]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

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

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Employment categories

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. District allowances

17. Accident pay

18. Higher duties

19. Payment of wages

20. Superannuation

Part 5—Hours of work and related matters

21. Ordinary hours of work and rostering

22. Breaks

23. Overtime and penalty rates

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Public holidays

28. Leave to deal with Family and Domestic Violence

Schedule A—Transitional Provisions

Schedule B—Supported Wage System

Schedule C—School-based Apprentices

Schedule D—National Training Wage

Schedule E—Part-day Public Holidays

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

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

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

1. Title

This award is the Racing Industry Ground Maintenance Award 2010.

2. Commencement and transitional

[Varied by PR988384,PR542134]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

      ●minimum wages and piecework rates

      ●casual or part-time loadings

      ●Saturday,Sunday,public holiday,evening or other penalties

      ●shift allowances/penalties.

[2.4 varied by PR542134 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542134 ppc 04Dec13]

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

[2.6 varied by PR542134 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

      (a) on its own initiative;or

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

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

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

3. Definitions and interpretation

[Varied by PR994476,PR997772,PR503616,PR544284,PR545980]

3.1 In this award,unless the contrary intention appears:

[Definition of Act substituted by PR994476 from 01Jan10]

      Act means the Fair Work Act 2009 (Cth)

[Definition of adult apprentice inserted by PR544284 ppc 01Jan14]

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

[Definition of agreement-based transitional instrument inserted by PR994476 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 PR994476 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 PR994476 from 01Jan10]

[Definition of default fund employee inserted by PR545980 ppc 01Jan14]

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

[Definition of defined benefit member inserted by PR545980 ppc 01Jan14]

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

[Definition of Division 2B State award inserted by PR503616 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 PR503616 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 PR994476,PR997772 from 01Jan10]

      employee means national system employee within the meaning of the Act

      employee in charge of tractor plant means:

      ●when two or more employees are employed at the plant at the one time the employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility;or

      ●an employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility over one or more employees;or

      ●when an employee is the only person of their class employed on the plant,the employee who does the general repair work of the plant in addition to the work of operating,but not when the employee merely assists a fitter or engineer to do such work

[Definition of employer substituted by PR994476,PR997772 from 01Jan10]

      employer means national system employer within the meaning of the Act

[Definition of enterprise award deleted by PR994476 from 01Jan10]

[Definition of enterprise award-based instrument inserted by PR994476 from 01Jan10]

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

[Definition of exempt public sector superannuation scheme inserted by PR545980 ppc 01Jan14]

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

      leading hand means an employee who is required to supervise,direct or be in charge of another employee or employees

      maintenance means:

      ●the construction,ornamentation,presentation,formation,maintenance or keeping in order of grounds or enclosures used in conducting the racing industry;and

      ●the laying out,planting,construction,cultivation,maintenance,keeping in order or removal of gardens (including ornamental features) and/or lawns and/or trees

[Definition of MySuper product inserted by PR545980 ppc 01Jan14]

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

[Definition of NAPSA deleted by PR994476 from 01Jan10]

[Definition of NES substituted by PR994476 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 PR994476 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

[Definition of standard rate varied by PR994476 from 01Jan10]

      standard rate means the minimum weekly wage for the tradesperson classification in clause 14Minimum wages

[Definition of transitional minimum wage instrument inserted by PR994476 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 PR994476]

4.1 This industry award covers employers throughout Australia in the thoroughbred,harness,trotting and greyhound racing industries and their employees in the classifications in clause 13Classifications of this award who are engaged in the maintenance of racing venues 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 PR994476 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.

[4.4,4.5 and 4.6 inserted by PR994476 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 industries 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 those industries. This subclause operates subject to the exclusions from coverage in this award.

4.6 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industries 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.

[4.4 renumbered as 4.7 by PR994476 from 01Jan10]

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

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Individual flexibility arrangements

[Varied by PR994476,PR542134;7—Award flexibility renamed and substituted by PR610172 ppc 01Nov18]

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

      (a) arrangements for when work is performed;or

      (b) overtime rates;or

      (c) penalty rates;or

      (d) allowances;or

      (e) annual leave loading.

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

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

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

      (a) give the employee a written proposal;and

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

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

7.6 An agreement must do all of the following:

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

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

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

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

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

7.7 An agreement must be:

      (a) in writing;and

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

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

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

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

7.11 An agreement may be terminated:

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

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

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

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

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

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

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

9. Dispute resolution

8. Consultation about major workplace change

[8—Consultation regarding major workplace change renamed and substituted by PR546288,8—Consultation renamed and substituted by PR610172 ppc 01Nov18]

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

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

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

      (i) the introduction of the changes;and

      (ii) their likely effect on employees;and

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

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

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

      (a) their nature;and

      (b) their expected effect on employees;and

      (c) any other matters likely to affect employees.

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

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

8.5 In clause 8:

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

      (a) termination of employment;or

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

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

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

      (e) alteration of hours of work;or

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

      (g) job restructuring.

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

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

[8A inserted by PR610172 ppc 01Nov18]

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

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

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

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

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

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

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

9. Dispute resolution

[Varied by PR994476,PR542134;substituted by PR610172 ppc 01Nov18]

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

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

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

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

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

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

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

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

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

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

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

Part 3—Types of Employment and Termination of Employment

10. Employment categories

11. Termination of employment

12. Redundancy

10. Employment categories

[Varied by PR994476,PR567224,PR700604]

10.1 General

      (a) Employees may be employed in one of the following categories:

      (i) full-time;

      (ii) part-time;or

      (iii) casual.

      (b) At the time of engagement an employer must inform each employee in writing of the terms of their engagement and in particular whether they are to be full-time,part-time or casual.

10.2 Part-time employment

      (a) A part-time employee:

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

      (ii) has predictable hours of work;and

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

      (b) At the time of engagement the employer and the part-time employee must agree in writing on a regular pattern of work including the hours to be worked and the starting and finishing times on each day. Once fixed these hours can only be varied by mutual agreement.

      (c) Any agreed variation to the regular pattern of work must be recorded in writing. An employer must roster a part-time employee for a minimum of three consecutive hours on any shift. All time worked in excess of the agreed hours is overtime and the employee must be paid in accordance with clause 23Overtime and penalty rates.

      (d) An employee who does not meet the definition of a part-time employee and who is not a full-time employee must be paid as a casual employee in accordance with clause 10.3.

      (e) A part-time employee must be paid 1/38th of the minimum weekly wage for the relevant classification in clause 14Minimum wages per hour.

      (f) Part-time employees must receive a minimum of eight full days off for each four week period.

10.3 Casual employees

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

      (b) A casual employee must be paid 1/38th of the minimum weekly wage for the relevant classification in clause 14Minimum wages per hour plus a loading of 25%.

      (c) A casual employee engaged on night cleaning duties must be paid,in addition to the casual loading of 25%,a shift allowance of 30% of the relevant minimum rate calculated hourly for all time worked.

      The provisions of clause 21Ordinary hours of work and rostering and clause 23 do not apply.

[10.3(d) deleted by PR567224;10.3(e) renumbered as 10.3(d) by PR567224 ppc 27May15]

      (d) A casual employee is entitled to a minimum period of engagement of three hours.

10.4 Right to request casual conversion

[10.4 inserted by PR700604 ppc 01Oct18]

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

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

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

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

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

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

      (g) Reasonable grounds for refusal include that:

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

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

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

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

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

      (i) Where the employer refuses a regular casual employee’s request to convert,the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the employer’s refusal,this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 10. Under that procedure,the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

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

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

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

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

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

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

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

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

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

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

11. Termination of employment

[11 substituted by PR610172 ppc 01Nov18]

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

11.1 Notice of termination by an employee

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

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

      Table 1—Period of notice

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

    Column 2
    Period of notice

    Not more than 1 year

    1 week

    More than 1 year but not more than 3 years

    2 weeks

    More than 3 years but not more than 5 years

    3 weeks

    More than 5 years

    4 weeks

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

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

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

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

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

11.2 Job search entitlement

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

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

12. Redundancy

[Varied by PR994476,PR503616,PR561478]

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

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

12.3 Employee leaving during notice period

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

12.4 Job search entitlement

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

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

      (c) This entitlement applies instead of clause 11.2.

12.5 Transitional provisions –NAPSA employees

[12.5 substituted by PR994476;renamed by PR503616;deleted by PR561478 ppc 05Mar15]

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503616;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. District allowances

17. Accident pay

18. Higher duties

19. Payment of wages

20. Superannuation

13. Classifications

13.1 Introductory level

      An introductory level employee is an employee who enters the industry and who has not demonstrated the competency requirements of a Maintenance and Horticulture Employee Level 1. An employee at this level will undergo training for up to three months before progressing to Level 1. Progression to Level 1 may be delayed for a further period of up to three months where it is agreed that further training is required.

13.2 Maintenance and Horticulture Employee Level 1

      An employee at this level undertakes one or more of the following duties:

      (a) works under direct supervision either individually or in a team environment;

      (b) gardening duties including the planting and trimming of trees,sowing,planting and cutting of grass,and the watering of plants,gardens,trees,lawns and displays;

      (c) removes cuttings,rakes leaves,cleans/empties litter bins,cleans gutters/drains/culverts;

      (d) performs routine maintenance of turf,synthetic,artificial and other play surfaces;

      (e) track crossing attendant;and/or

      (f) performs non-trade tasks incidental to their work.

13.3 Maintenance and Horticulture Employee Level 2

      An employee at this level undertakes one or more of the following duties:

      (a) operates,maintains and adjusts turf machinery under general supervision;

      (b) cleans machinery and inspects machinery after each use under general supervision;

      (c) applies fertilisers,fungicides,herbicides and insecticides under general supervision;

      (d) gardening duties including the planting and trimming of trees,sowing,planting and cutting of grass,and the watering of plants,gardens,trees,lawns and displays;

      (e) removes cuttings,rakes leaves,cleans/empties litter bins,cleans gutters/drains/culverts;

      (f) performs routine maintenance of turf,synthetic,artificial and other play surfaces;

      (g) track crossing attendant;and/or

      (h) performs non-trade tasks incidental to their work.

13.4 Tradesperson

      An employee at this level has completed trade or equivalent qualifications and undertakes one or more of the following duties (including non-trade tasks incidental to their work):

      (a) operates,maintains and adjusts turf machinery as appropriate;

      (b) cleans machinery and inspects machinery after each use,reporting any problems to a management employee;

      (c) applies fertilisers,fungicides,herbicides and insecticides as directed by a management employee;

      (d) prepares turf,synthetic,artificial and other surfaces for play;

      (e) maintenance and repair of vehicles and/or motor engines;

      (f) repair and minor renovation work involving carpentry and/or painting and/or welding;

      (g) formation and maintenance of all gardens,lawns and greens;and/or

      (h) the planting,maintenance and care of trees.

13.5 Trackwork and Pool Supervisor

      An employee appointed to this level generally reports directly to either the Track Manager or Club Managers as appropriate and undertakes three or more of the following duties and other incidental tasks:

      (a) supervising the use of the training facilities and maintaining accurate records of usage;

      (b) immediately reporting to the track manager the following:

      ●any person using the facility who is not a registered trainer;

      ●horses believed not to be stabled at the club;

      ●any person believed to be ‘breaking’or ‘pretraining’horses at the club without approval;

      ●any serious breaches of the rules and regulations;or

      ●any person who is not registered as a stable hand or track rider in charge of a horse or assisting a trainer;

      (c) ensuring the observance of the training track rules and regulations,with particular emphasis on occupational health and safety and ensuring observance of safe practices by trainers and track riders,including the wearing of protective clothing;

      (d) ensuring that any necessary repairs and maintenance are reported to the track manager for action so that all areas are maintained in safe and proper condition at all times;

      (e) physically inspecting all training tracks prior to the commencement of all training,to ensure such tracks are safe for the conduct of daily training. This includes the grass track for grass gallops/jump outs. Ensuring that appropriate rails and other practices and procedures are in place when ‘reverse way of going’is implemented;and/or

      (f) keeping accurate daily records of the number of trainers and horses using the training facilities and providing accurate records of grass track usage to the track manager for invoicing of track fees to trainers.

13.6 Management Employee Level 1

      An employee appointed to this level reports directly to either the Committee of Management or Management Employee Level 2 as appropriate and undertakes three or more of the following duties:

      (a) responsible for supervision of all staff involved in daily course maintenance;

      (b) responsible for the planning,scheduling and supervision of all aspects of turf maintenance;

      (c) supervises and participates in the operation and maintenance of pumps,irrigation equipment and drainage systems;

      (d) instructs operators in the safe and efficient operation of all equipment associated with turf maintenance;

      (e) supervises the majority of chemical and fertiliser applications and undertakes the appropriate training of operators in this field;

      (f) allocates specific daily duties having regard to the scheduled work program;or

      (g) undertakes the duties of a Maintenance and Horticulture Employee Level 2 in their absence.

13.7 Management Employee Level 2

      An employee appointed to this level reports directly to the Committee of Management and undertakes three or more of the following duties:

      (a) responsible for the implementation of all major turf projects for the facility according to the Course Architect’s design;

      (b) responsible for the development of an annual work program for all outdoor staff that incorporates both further development and continued maintenance;

      (c) responsible for supervision of all outdoor staff;

      (d) responsible for the operation and maintenance of all turf equipment;

      (e) responsible for all occupational health and safety management in outdoor areas;

      (f) responsible for purchasing within the limits imposed by the club policy and the definition of the budget;and/or

      (g) responsible for ensuring that all administrative systems are complied with by the staff under their direction.

13.8 Apprenticeship

      An apprentice is an employee who is engaged under a training contract registered by the relevant State or Territory training authority,where the qualification outcome specified in the training agreement is a relevant qualification from a Training Package endorsed by the National Training Quality Council,or successor organisation.

      (a) For the purpose of this subclause a relevant qualification is a qualification:

      (i) from a National Training Package that covers occupations or work which are covered by this award,or is a qualification from an enterprise Training Package listed in this award;and

      (ii) at Australian Qualifications Framework Certificate Level III (or at Level IV where applicable).

      (b) An apprentice will also include an employee who is engaged under a training agreement or contract of training for an apprenticeship declared or recognised by the relevant State or Territory Training authority.

14. Minimum wages

[Varied by PR988384,PR997894,PR509045,PR522876,PR536679,PR544284,PR551602,PR559295,PR566682,PR579773,PR592109,PR593810,PR606338]

14.1 Juniors

      Percentage of weekly wages for Maintenance Employee Level 1 as follows:

     

    %

    18 years of age and under

    75

    19 years of age and over

    100

14.2 Apprentices

[14.2 substituted by PR544284 ppc 01Jan14]

      (a) Apprentices who commenced before 1 January 2014 must receive the following percentage of the minimum wage rate for the tradesperson classification:

    Year of apprenticeship

    %

    1st year

    47.5

    2nd year

    60

    3rd year

    75

    4th year

    95

[14.2(b) substituted by PR566682 ppc 01Jul15]

      (b) Apprentices who commenced their apprenticeship on or after 1 January 2014 must receive the following percentage of the minimum wage rate for the tradesperson classification:

    Year of apprenticeship

    Not completed year 12

    Completed year 12

     

    % of Tradesperson minimum wage

    1st year

    50

    55

    2nd year

    60

    65

    3rd year

    75

    75

    4th year

    95

    95

      (c) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the minimum wage rate for the tradesperson classification,or the rate prescribed by clause 14.2(b) for the relevant year of the apprenticeship,whichever is the greater.

      (d) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 14.3Employees generally,or the rate prescribed by clause 14.2(b) for the relevant year of the apprenticeship,whichever is the greater.

      (e) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement,provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 14.3 in which the adult apprentice was engaged immediately prior to entering into the training arrangement.

[14.2(f) to 14.2(n) inserted by PR559295 ppc 01Jan15]

      (f) Except as provided in this clause or where otherwise stated,all conditions of employment specified in this award apply to apprentices.

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

      (h) For the purposes of clause 14.2(g) above,excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required),accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling,including meals,which exceed those incurred in travelling to and from work. For the purposes of this subclause,excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

      (i) The amount payable by an employer under clause 14.2(g) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

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

      (k) An employer may meet its obligations under clause 14.2(j) by paying any fees and/or cost of textbooks directly to the RTO.

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

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

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

14.3 Employees generally

[14.3 varied by PR997894,PR509045,PR522876,PR536679,PR551602,PR566682,PR579773,PR592109,PR606338 ppc 01Jul18]

      Employees are entitled to the following minimum weekly wages for the classification in which they are employed:

    Classification

    Minimum wage

     

    $

    Introductory level

    719.20

    Maintenance and Horticultural Employee Level 1

    748.90

    Maintenance and Horticultural Employee Level 2

    807.90

    Tradesperson

    837.40

    Trackwork and Pool Supervisor

    903.10

    Management Employee Level 1

    968.80

    Management Employee Level 2

    1069.40

14.4 Supported wage system

14.5 School-based apprentices

14.6 National training wage

[14.6 substituted by PR593810 ppc 01Jul17]

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

[14.6(b) varied by PR606338 ppc 01Jul18]

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

15. Allowances

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

[Varied by PR998113,PR509167,PR522997,PR536800,PR551723,PR566824,PR579518,PR592272,PR606495]

15.1 Leading hands

      (a) A leading hand (as defined) must be paid a weekly allowance as follows:

      (b) The provisions of this clause do not apply to employees classified as Management Employee Level 2.

      (c) These allowances are in addition to any other wage specified for the employee.

15.2 Tractor plant

      An employee in charge of tractor plant (as defined) will receive an additional weekly payment of 3% of the standard rate.

15.3 Tool allowance

[15.3(a) varied by PR998113,PR579518,PR592272 ppc 01Jul17]

      (a) Tradespersons must be paid a weekly tool allowance for all purposes of the award in accordance with the following table:

    Classification

      $

    Tradesperson (other than carpenter)

      13.52

    Carpenter

      26.37

      (b) These allowances do not apply where the employer provides all the tools reasonably required by the tradesperson to perform all the functions of the tradespersons employment.

      (c) An employee provided with tools of the trade by the employer is not responsible for the loss of such tools where the loss is outside the control of the employee.

      (d) An employee provided with tools of trade by the employer will replace all or any tools of trade lost due to the negligence of the employee.

15.4 Protective clothing and equipment

      Where an employee is required to wear protective clothing (e.g. oilskins,gumboots,overalls,goggles,safety boots,bowling shoes,etc.),the employer must reimburse the employee for the cost of purchasing such special clothing and equipment. The provisions of this paragraph do not apply where the clothing and equipment is paid for by the employer.

15.5 Loss of clothing

      The employer must reimburse up to a maximum of 95% of the standard rate for a single claim if an employee’s clothing is destroyed by fire in an employer’s changing house or other shelter,provided that such destruction is not caused in any way by the employee’s own wilful act or neglect.

15.6 Accommodation

      Where an employee is required by the employer to live on the premises and is required to act as caretaker,the employee must be paid an allowance equal to the amount of the rental charged by the employer for the accommodation at the said premises.

15.7 Meal allowance

[15.7 varied by PR998113,PR509167,PR522997,PR536800,PR551723,PR566824,PR579518,PR592272,PR606495 ppc 01Jul18]

      An employee who is required to work overtime for one and a half hours or more immediately after the completion of their ordinary hours of work on an ordinary working day or immediately after the completion of eight hours of work on a Saturday,Sunday or public holiday must be paid a meal allowance of $11.33.

15.8 First aid attendant

      Any employee holding a first aid qualification from the St John Ambulance or a similar body and who is appointed by the employer to perform first aid duties must be paid an allowance of 2% of the standard rate.

15.9 Adjustment of expense related allowances

[15.9 varied by PR522997 ppc 01Jul12]

      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.

      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

    Tool allowance

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

   

16. District allowances

[Varied by PR994476;deleted by PR561478 ppc 05Mar15]

17. Accident pay

[Varied by PR994476,PR503616;deleted by PR561478 ppc 05Mar15]

18. Higher duties

[Mixed functions renamed as Higher duties by PR994476 from 01Jan10]

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

18.2 In all other cases the employee will be paid the higher rate for the actual time worked.

19. Payment of wages

[Varied by PR994476,PR588643,PR610047]

19.1 Period of payment

      (a) Where it is agreed between an employer and an employee,wages may be paid on a weekly,fortnightly or monthly basis.

      (b) Wages will be paid no later than Thursday of the agreed pay period,unless the employer and the majority of employees agree to later payment.

19.2 Method of payment

      (a) Where it is agreed between an employer and an employee,wages may be paid by cash,cheque or into a nominated bank or financial institution account.

      (b) If payment is by cash or cheque,wages must be paid during ordinary working hours.

19.3 Late payment of wages

[19.3 varied by PR994476;substituted by PR588643 ppc 16Dec16]

      Where an employee is paid by cash or cheque and the employee is not paid within the time required by clause 19.1 through circumstances beyond the reasonable control of the employer,the employee is entitled to a payment at ordinary rates for the duration the employee is kept waiting for payment at the workplace.

19.4 Payment on termination of employment

[19.4 inserted by PR610047 ppc 01Nov18]

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

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

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

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

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

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

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

20. Superannuation

[Varied by PR990539,PR990824,PR994476,PR530249,PR545980]

20.1 Superannuation legislation

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

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

20.2 Employer contributions

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

20.3 Voluntary employee contributions

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

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

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

20.4 Superannuation fund

[20.4 varied by PR994476 from 01Jan10]

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

      (a) AustralianSuper;

      (b) HOSTPLUS;

      (c) SunSuper;

      (d) AMP Superannuation Savings Trust;

[20.4(e) substituted by PR530249 ppc 26Oct12]

      (e) CareSuper;

[20.4(f) varied by PR545980 ppc 01Jan14]

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

[20.4(g) inserted by PR545980 ppc 01Jan14]

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

Part 5—Hours of work and related matters

21. Ordinary hours of work and rostering

22. Breaks

23. Overtime and penalty rates

21. Ordinary hours of work and rostering

21.1 Ordinary working hours

      (a) Except as provided elsewhere in this award the ordinary working hours will be 38 or an average of 38 hours per week over a four week period to be worked between 6.30 am and 6.30 pm.

      (b) Ordinary hours are to be rostered on a maximum of five days per week with a maximum of 10 hours per day and two consecutive days off per week.

      (c) Ordinary hours for track crossing attendants and other employees required to open the racecourse in preparation for early morning trackwork or for related duties are between 4.00 am and 4.00 pm.

      (d) Ordinary hours may be extended to 11.00 pm where the employer conducts a greyhound or harness racing meeting which is open to the public.

      (e) Ordinary hours may be worked on a Saturday or Sunday where the employer conducts an event which is open to the public.

      (f) The commencing and finishing times of ordinary work when once fixed are not to be altered except by agreement or by the employer on 14 days’notice.

21.2 Water restrictions

      (a) Where an employer is subjected to water restriction,the employer may require any employee to perform their ordinary hours of work (or any such ordinary hours of work) at any time on any day other than a Saturday or a Sunday on the basis of 38 hours per week. The following rates will apply for such work:

      (i) for work performed on Mondays to Fridays from 6.30 am to 6.30 pm—the appropriate minimum wage;

      (ii) for work performed at all other times (other than on a Saturday or a Sunday)—the appropriate minimum wage plus a penalty of 50% calculated hourly.

      (b) For the purpose of clause 21.2(a),water restriction means restriction or rationing in the use of water in accordance with orders or regulations approved by the relevant authority.

22. Breaks

22.1 Meal breaks

      (a) A period of not less than 30 minutes,not later than five hours after commencing work,will be allowed for a meal break. Track crossing attendants required to commence work prior to 6.30 am must be given a 30 minute break for breakfast paid at ordinary time.

      (b) An employee required to work through their normal meal break must be paid at the rate of 150% of the appropriate minimum wage calculated hourly until such time as they receive a meal break of the customary duration.

22.2 Tea breaks

      (a) A tea break of 10 minutes’duration,to be counted as time worked,will be allowed during the morning and afternoon periods of each working day to each individual employee at a time to be arranged by the employer.

      (b) The afternoon tea break is not to be taken in any establishment where the majority of employees agrees to forego the break and cease normal work 10 minutes earlier each day.

22.3 Paid breaks

      (a) An employee working overtime will be allowed a paid break of 20 minutes duration after each four hours of overtime worked if the employee continues work after such a break.

      (b) Where the period of overtime is to be for more than one and a half hours an employee will be allowed a paid meal break of 20 minutes after ordinary hours before starting overtime. This break will be paid for at the appropriate minimum wage calculated hourly.

      (c) An employer and employee may agree to any variation of the provisions of clause 22.3 to meet the circumstances of the work in hand provided that the employer will not be required to make payment in respect of any time allowed in excess of 20 minutes.

23. Overtime and penalty rates

[Varied by PR584145]

23.1 Overtime

      (a) All time worked in excess of 38 hours a week or outside the spread of hours set out in clause 21.1 of this award or in excess of 10 hours per day will be paid for at the rate of 150% of the appropriate minimum wage calculated hourly for the first two hours and 200% after the first two hours.

      (b) Except as provided in clause 23.2,in computing overtime each day’s work will stand alone.

23.2 Rest period after overtime duty

      (a) Overtime will be arranged so that employees have at least 10 consecutive hours off duty between the work of successive days.

      (b) Where an employee (other than a casual employee) works so much overtime that there is less than 10 hours between finishing overtime from one day and the commencement of their ordinary work on the next day,the employee will be released,subject to clause 23.2(c),until they have had at least 10 consecutive hours off without loss of pay for ordinary working time occurring during such absence.

      (c) If,on the instructions of the employer,such an employee resumes work or continues work without having had such 10 consecutive hours off duty they must be paid at 200% of the appropriate minimum wage until the employee is released from duty for such period and the employee can then be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

23.3 Transport after overtime work

      When an employee,after having worked overtime,finishes work at a time when reasonable means of transport are not available the employer will provide the employee with transportation to their home.

23.4 Time off instead of payment for overtime

[New 23.4 inserted by PR584145 ppc 22Aug16]

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

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

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

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

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

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

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

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

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

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

      (e) Time off must be taken:

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

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

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

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

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

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

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

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

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

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

23.5 Penalty rates

[23.4 renumbered as 23.5 by PR584145 ppc 22Aug16]

      (a) Morning work

      Ordinary time worked by track crossing attendants prior to 6.30 am attracts a penalty of 25% of the appropriate minimum wage calculated hourly

      (b) Evening work

      Ordinary time worked between 6.00 pm and 11.00 pm by employees at a greyhound or harness racing meeting attracts a penalty of 15% of the appropriate minimum wage calculated hourly.

      (c) Saturday work

      Ordinary time worked on Saturday where the employer conducts an event which is open to the public attracts a penalty of 25% of the appropriate minimum wage calculated hourly.

      (d) Sunday work

      (i) Ordinary time worked on a Sunday where the employer conducts an event which is open to the public attracts a penalty of 75% of the appropriate minimum wage calculated hourly.

      (ii) All time other than ordinary time worked on Sunday must be paid for at the rate of 200% of the appropriate minimum wage.

      (e) Public holidays

      For all time worked on a public holiday an employee must be paid 250% of the appropriate minimum wage calculated hourly.

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Public holidays

28. Leave to deal with Family and Domestic Violence

24. Annual leave

[Varied by PR546343,PR583063,PR588726]

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

24.2 Close-down

[24.2 renamed and substituted by PR583063 ppc 29Jul16]

      (a) 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.

      (b) Where an employee has been given notice pursuant to clause 24.2(a) and the employee has:

      (i) accrued sufficient annual leave to cover the full period of closing,the employee must take paid annual leave for the full period of closing;

      (ii) insufficient accrued annual leave to cover the full period of closing,the employee must take paid annual leave to the full amount accrued and leave without pay for the remaining period of the closing;or

      (iii) no accrued annual leave,the employee must take leave without pay for the full period of closing.

      (c) Public holidays that fall within the period of close down will be paid as provided for in this award and will not count as a day of annual leave or leave without pay.

24.3 Annual leave in advance

[New 24.3 inserted by PR583063 ppc 29Jul16]

      (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

      (b) An agreement must:

      (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

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

      Note:An example of the type of agreement required by clause 24.3 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F

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

      (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.3,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

[24.4 substituted by PR588726 ppc 20Dec16]

24.4 Excessive leave accruals:general provision

      Note:Clauses 24.4 to 24.6 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

      (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave.

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

      (c) Clause 24.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

      (d) Clause 24.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

[New 24.5 inserted by PR588726 ppc 20Dec16]

      (a) If an employer has genuinely tried to reach agreement with an employee under clause 24.4(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

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

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.4,24.5 or 24.6 or otherwise agreed by the employer and employee) are taken into account;and

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

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

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

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

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

      Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 24.5(b)(i).

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

24.6 Excessive leave accruals:request by employee for leave

[New 24.6 inserted by PR588726;substituted by PR588726 ppc 20Dec17]

      (a) If an employee has genuinely tried to reach agreement with an employer under clause 24.4(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

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

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

      (ii) the employee has not been given a direction under clause 24.5(a) that,when any other paid annual leave arrangements (whether made under clause 24.4,24.5 or 24.6 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

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

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.4,24.5 or 24.6 or otherwise agreed by the employer and employee) are taken into account;or

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

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

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

      (d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave in any period of 12 months.

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

[24.4 renumbered as 24.5 by PR583063;24.5 renumbered as 24.7 by PR588726 ppc 20Dec16]

24.7 Before the start of the employee’s annual leave the employer must pay the employee:

      (a) instead of the base rate of pay referred to in the NES,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 minimum rate prescribed in clause 14Minimum wages.

24.8 Electronic funds transfer (EFT) payment of annual leave

[New 24.6 inserted by PR583063 ppc 29Jul16;renumbered as 24.8 by PR588726 ppc 20Dec16]

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

24.9 Cashing out of annual leave

[New 24.7 inserted by PR583063 ppc 29Jul16;renumbered as 24.9 by PR588726 ppc 20Dec16]

      (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.9.

      (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.9.

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

      (d) An agreement under clause 24.9 must state:

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

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

      (e) An agreement under clause 24.9 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

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

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

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

      (i) The employer must keep a copy of any agreement under clause 24.9 as an employee record.

      Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 24.9.

      Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.9.

      Note 3:An example of the type of agreement required by clause 24.9 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

25. Personal/carer’s leave and compassionate leave

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

26. Community service leave

Community service leave is provided for in the NES.

27. Public holidays

27.1 Public holidays are provided for in the NES.

27.2 Substitution of public holidays by agreement

      By agreement between the employer and the majority of employees in an enterprise another day may be substituted for a day provided for in the NES.

28. Leave to deal with Family and Domestic Violence

[28 inserted by PR609331 ppc 01Aug18]

28.1 This clause applies to all employees,including casuals.

28.2 Definitions

      (a) In this clause:

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

      family member means:

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

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

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

      (b) A reference to a spouse or de facto partner in the definition of family member in clause 28.2(a) includes a former spouse or de facto partner.

28.3 Entitlement to unpaid leave

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

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

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

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

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

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

28.4 Taking unpaid leave

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

      (a) is experiencing family and domestic violence;and

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

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

28.5 Service and continuity

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

28.6 Notice and evidence requirements

      (a) Notice

      An employee must give their employer notice of the taking of leave by the employee under clause 28. The notice:

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

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

      (b) Evidence

      An employee who has given their employer notice of the taking of leave under clause 28 must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 28.4.

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

28.7 Confidentiality

      (a) Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause 28.6 is treated confidentially,as far as it is reasonably practicable to do so.

      (b) Nothing in clause 28 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life,health or safety of the employee or another person.

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

28.8 Compliance

      An employee is not entitled to take leave under clause 28 unless the employee complies with clause 28.

Schedule A—Transitional Provisions

[Varied by PR988384,PR994476,PR503616]

A.1 General

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

[A.1.2 substituted by PR994476 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 PR994476 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 PR994476 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 PR994476 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 PR994476 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 PR994476 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 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 PR994476 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 PR994476 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 PR994476 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 inserted by PR994476 from 01Jan10]

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 PR503616 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 PR988384;substituted by PR994476 ppc 1Jan10;varied by PR998748,PR510670,PR525068,PR537893,PR542134,PR551831,PR568050,PR581528,PR592689,PR606630]

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 varied by PR568050 ppc 01Jul15]

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 Social Services 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,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630 ppc 01Jul18]

B.4.2 Provided that the minimum amount payable must be not less than $86 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 varied by PR542134 ppc 04Dec13]

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 the Fair Work Commission.

[B.6.2 varied by PR542134 ppc 04Dec13]

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 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.

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,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630 ppc 01Jul18]

B.10.3 The minimum amount payable to the employee during the trial period must be no less than $86 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—School-based Apprentices

[Varied by PR988384;substituted by PR994476 ppc 1Jan10;varied by PR544284]

C.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.

C.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.

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

C.4 For the purposes of clause C.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.

C.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.

C.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.

C.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.

[C.8 substituted by PR544284 ppc 01Jan14]

C.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.

[C.9 substituted by PR544284 ppc 01Jan14]

C.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.

[C.10 substituted by PR544284 ppc 01Jan14]

C.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.

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

Schedule D—National Training Wage

[Varied by PR988384;substituted by PR994476 ppc 1Jan10;varied by PR997894,PR509045,PR522876,PR536679,PR545787,PR551602,PR566682,PR579773;deleted by PR593810 ppc 01Jul17]

Schedule E—Part-day Public Holidays

[Sched E inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110,PR701683 ppc 21Nov18]

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

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

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

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

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

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

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

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

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

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

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR583063 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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

I agree that:

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

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR583063 ppc 29Jul16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

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

[Sched H inserted by PR584145 ppc 22Aug16]

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

Name of employee:_____________________________________________

Name of employer:_____________________________________________

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

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

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

Amount of overtime worked:_______ hours and ______ minutes

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

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

About this document
(1)
Code:
MA000014
Title:
Racing Industry Ground Maintenance Award 2010
Effective:
20 Sep 2019
Instrument Type:
Modern Award
(37)
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
(18)
(1)
2 Sep 2016
(41)
1.0.11.0 SA