Table of Contents - MA000068 Part 1 - Application and OperationPart 2 - Consultation and Dispute ResolutionPart 3 - Types of Employment and Termination of EmploymentPart 4 - Minimum Wages and Related MattersPart 5 - Hours of Work and Related MattersPart 6 - Leave and Public HolidaysSchedule A - Transitional Provisions
Schedule B - Classification Structure and Definitions
Schedule C - National Training Wage
Appendix C1: Allocation of Traineeships to Wage Levels
Schedule D - Supported Wage System
Schedule E - 2012 Part - day public holidays
Seafood Processing Award 2010

Seafood Processing Award 2010

 

The above award was first made on 4 September 2009 [PR988780]

This consolidated version of the award includes variations made on 10 December 2009 [PR990542]; 16 December 2009 [PR991576]; 31 March 2010 [PR994482]; 4 June 2010 [PR997772]; 21 June 2010 [PR997971]; 21 June 2010 [PR998078]; 29 June 2010 [PR998748]; 6 December 2010 [PR503703]; 20 June 2011 [PR509099]; 21 June 2011 [PR509221]; 21 June 2011 [PR510670]; 18 June 2012 [PR522930]; 18 June 2012 [PR525068]; 19 June 2012 [PR523051]; 23 October 2012 [PR530252]; 21 December 2012 [PR532631]

 

Table of Contents

[Varied by PR991576, PR994482, PR532631]

Part 1 - Application and Operation

1.              Title

2.              Commencement and transitional

3.              Definitions and interpretation

4.              Coverage

5.              Access to the award and the National Employment Standards

6.              The National Employment Standards and this award

7.              Award flexibility

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

8.2              Employer to discuss change

9.              Dispute resolution

Part 3 - Types of Employment and Termination of Employment

10.              Full - time employment

11.              Part - time employment

12.              Casual employment

13.              Termination of employment

14.              Redundancy

Part 4 - Minimum Wages and Related Matters

15.              Classifications and adult minimum wages

16.              Trainee minimum wages

17.              Unapprenticed junior minimum wages

18.              Supported wage system

19.              Allowances and special rates

20.              Extra rates not cumulative

21.              Payment of wages

22.              Superannuation

Part 5 - Hours of Work and Related Matters

23.              Ordinary hours of work and rostering

24.              Special provisions for shiftworkers

25.              Meal breaks

26.              Overtime

Part 6 - Leave and Public Holidays

27.              Annual leave

28.              Personal/carer's leave and compassionate leave

29.              Community service leave

30.              Public holidays

Schedule A - Transitional Provisions

Schedule B - Classification Structure and Definitions

Schedule C - National Training Wage

Appendix C1: Allocation of Traineeships to Wage Levels

Schedule D - Supported Wage System

Schedule E - 2012 Part - day public holidays


Part 1 - Application and Operation

 

1.              Title

This award is the Seafood Processing Award 2010.

2.              Commencement and transitional

[Varied by PR991576]

2.1              This award commences on 1 January 2010.

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

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

·              minimum wages and piecework rates

·              casual or part - time loadings

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

·              shift allowances/penalties.

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

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

2.6              Fair Work Australia may review the transitional arrangements:

(a)              on its own initiative; or

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

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

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

3.              Definitions and interpretation

[Varied by PR994482, PR997772, PR503703]

3.1              In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

[Definition of agreement - based transitional instrument inserted by PR994482 from 01Jan10]

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

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

[Definition of Division 2B State award inserted by PR503703 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 PR503703 ppc 01Jan11]

Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR997772 from 01Jan10]

employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

employer means national system employer within the meaning of the Act

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

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 PR994482 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.

seafood processing means the following industries and parts of industries conducted on land post harvesting:

(a)              the receipt, sorting and handling of fish, seafood and marine products whether wild or farmed, freshwater or saltwater including but not limited to scale fish, crustaceans, molluscs, and other marine species;

(b)              the preparing, cooking, preserving, filleting, gutting, shucking, drying, smoking, freezing, refrigerating, washing, grading, processing and/or canning of fish, seafood and marine products;

(c)              the packaging, labelling, palletising, cold storage, chilling and/or freezing, preparing for sale, packing and despatching of fish, seafood and marine products;

(d)              the cleaning and sanitising of tools, equipment and machinery used to process fish, seafood and marine products; and

(e)              the marketing in fish markets and selling by wholesale of fish, seafood and marine products.

standard rate means the minimum hourly wage prescribed for the Process Attendant Level 4 classification in clause 15.1(a).

[Definition of transitional minimum wage instrument inserted by PR994482 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 PR994482]

4.1              This industry award covers employers throughout Australia in the seafood processing industry and their employees who are covered by the classifications in this award to the exclusion of any other modern award.

4.2              The award does not cover:

(a)              an employee excluded from award coverage by the Act; or

(b)              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; or

[4.2(c) inserted by PR994482 from 01Jan10]

(c)              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; or

[4.2(c) to 4.2(i) renumbered as 4.2(d) to 4.2(j) by PR994482 from 01Jan10]

(d)              employers and employees covered by the Fast Food Industry Award 2010; or

(e)              employers and employees covered by the Food, Beverage and Tobacco Manufacturing Award 2010; or

(f)              employers and employees covered by the General Retail Industry Award 2010; or

(g)              employers and employees covered by the Hospitality Industry (General) Award 2010; or

(h)              employers and employees covered by the Meat Industry Award 2010; or

(i)              employers and employees covered by the Poultry Processing Award 2010; or

(j)              an employee employed on an oyster farm.

[New 4.3 and 4.4 inserted by PR994482 from 01Jan10]

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

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

[4.3 renumbered as 4.5 by PR994482 from 01Jan10]

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

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

5.              Access to the award and the National Employment Standards

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

6.              The National Employment Standards and this award

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

7.              Award flexibility

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

(a)              arrangements for when work is performed;

(b)              overtime rates;

(c)              penalty rates;

(d)              allowances; and

(e)              leave loading.

7.2              The employer and the individual employee must have genuinely made the agreement without coercion or duress.

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

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

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

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

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

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

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

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

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

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

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

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

7.8              The agreement may be terminated:

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

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

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

Part 2 - Consultation and Dispute Resolution

 

8.              Consultation regarding major workplace change

8.1              Employer to notify

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

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

8.2              Employer to discuss change

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

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

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

9.              Dispute resolution

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

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

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

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

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

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

Part 3 - Types of Employment and Termination of Employment

 

10.              Full - time employment

Any employee not specifically engaged as being a part - time or casual employee is for all purposes of this award a full - time employee, unless otherwise specified in this award. A full - time employee works an average of 38 ordinary hours per week.

11.              Part - time employment

11.1              An employee may be engaged to work on a part - time basis involving a regular pattern of hours which average less than 38 ordinary hours per week.

11.2              A part - time employee must be engaged for a minimum of three consecutive hours a shift. In order to meet their personal circumstances, a part - time employee may request and the employer may agree to an engagement for less than the minimum of three hours.

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

(a)              on the hours to be worked by the employee, the days on which they will be worked and the commencing and finishing times for the work; and

(b)              on the classification applying to the work to be performed in accordance with Schedule B - Classification Structure and Definitions.

11.4              The terms of the agreement in clause 11.3 may be varied by consent in writing.

11.5              The agreement under clause 11.3 or any variation to it under clause 11.4 must be retained by the employer and a copy of this agreement and any variation to it must be provided to the employee by the employer.

11.6              Except as otherwise provided in this award, a part - time employee must be paid for the hours agreed on in accordance with clauses 11.3 and 11.4.

11.7              The terms of this award will apply pro rata to a part - time employee on the basis that ordinary weekly hours for full - time employees are 38.

11.8              A part - time employee who is required by the employer to work in excess of the hours agreed under clauses 11.3 and 11.4 must be paid overtime in accordance with clause 26 - Overtime.

11.9              Where the part - time employee's normal paid hours fall on a public holiday prescribed in the NES and work is not performed by the employee, such employee must not lose pay for the day. Where the part - time employee works on the public holiday, the part - time employee must be paid in accordance with clauses 23.2(g), 24.5 and 26.6.

12.              Casual employment

12.1              A casual employee is an employee who is engaged and paid as such. A casual employee for working ordinary time must be paid an hourly rate calculated on the basis of 1/38th of the minimum weekly wage prescribed in clause 15.1(a) for the work being performed plus a casual loading of 25%. The loading constitutes part of the casual employee's all purpose rate.

12.2              On each occasion a casual employee is required to attend work the employee must be paid for a minimum of three hours' work. In order to meet their personal circumstances a casual employee may request and the employer may agree to an engagement for less than the minimum of three hours.

12.3              An employer when engaging a casual must inform the employee that they are employed as a casual, stating by whom the employee is employed, the classification level and rate of pay and the likely number of hours required.

13.              Termination of employment

13.1              Notice of termination is provided for in the NES.

13.2              Notice of termination by an employee

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

13.3              Job search entitlement

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

14.              Redundancy

[Varied by PR994482, PR503703]

14.1              Redundancy pay is provided for in the NES.

14.2              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.

14.3              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 clause 14 - Redundancy had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

14.4              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 13.3.

14.5              Transitional provisions - NAPSA employees

[14.5 renamed by PR503703 ppc 01Jan11]

(a)              Subject to clause 14.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a notional agreement preserving a State award:

[14.5(a)(i) substituted by PR994482 from 01Jan10]

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

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

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

(c)              Clause 14.5 does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              Clause 14.5 ceases to operate on 31 December 2014.

14.6              Transitional provisions - Division 2B State employees

[14.6 inserted by PR503703 ppc 01Jan11]

(a)              Subject to clause 14.6(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a Division 2B State award:

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

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

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

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

(d)              Clause 14.6 ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

 

15.              Classifications and adult minimum wages

[Varied by PR997971, PR509099, PR522930]

15.1              Adult employee minimum wages

[15.1(a) varied by PR997971, PR509099, PR522930 ppc 01Jul12]

(a)              The classifications and minimum wages for an adult employee, other than one specified in clause 15.1(b), are set out in the following table:

Classification level

Minimum weekly wage

Minimum hourly wage

 

$

$

Process Attendant Level 1

606.40

15.96

Process Attendant Level 2

615.10

16.19

Process Attendant Level 3

673.00

17.71

Process Attendant Level 4

706.10

18.58

(b)              The following adult employees are not entitled to the minimum wages set out in the table in clause 15.1(a):

(i)              a trainee (see clause 16 - Trainee minimum wages); and

(ii)              an employee receiving a supported wage (see Schedule D - Supported Wage System).

(c)              The classification definitions are set out in Schedule B - Classification Structure and Definitions.

15.2              Higher duties

An employee engaged for more than two hours during one day or shift on duties carrying a higher minimum wage than their ordinary classification must be paid the higher minimum wage for such day or shift. If the employee is engaged for two hours or less during one day or shift, they must be paid the higher minimum wage for the time so worked.

16.              Trainee minimum wages

See Schedule C - National Training Wage.

17.              Unapprenticed junior minimum wages

The minimum wages for an unapprenticed junior employee are to be calculated in accordance with the percentages set out below applied to the corresponding adult classification minimum wage in clause 15.1(a):

Age

%

Under 17 years of age

55

At 17 years of age

65

At 18 years of age

75

At 19 years of age and over

100

   

18.              Supported wage system

See Schedule D - Supported Wage System.

19.              Allowances and special rates

[Varied by PR994482, PR503703]

19.1              Allowances

(a)              First aid allowance

An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid 75.6% of the standard rate per week extra if appointed by their employer to perform first aid duty.

(b)              Meal allowance

See clause 26.8.

(c)              Damage to clothing, spectacles and hearing aids

Where an employee as a result of performing any duty required by the employer, and as a result of the negligence of the employer, suffers any damage to or soiling of their clothing or other personal equipment, including spectacles and hearing aids, then the employer must replace, repair or clean the clothing or other personal equipment.

(d)              Protective clothing and equipment

Where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory, the employer must reimburse the employee for the cost of purchasing such protective clothing and equipment unless the protective clothing and equipment is supplied by the employer.

19.2              Special rates - cold places

An employee who works for more than one hour in places where the temperature is reduced by artificial means below zero degrees Celsius must be paid 2.8% of the standard rate per hour extra. In addition, where the work continues for more than two hours, the employee is entitled to 20 minutes' rest after every two hours' work without loss of pay.

19.3              District allowances

(a)              Northern Territory

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

[19.3(a)(i) substituted by PR994482 from 01Jan10]

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

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

(b)              Western Australia

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

[19.3(b)(i) substituted by PR994482 from 01Jan10]

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

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

(c)              Clause 19.3 ceases to operate on 31 December 2014.

19.4              Accident pay

[19.4(a) varied by PR994482; substituted by PR503703 ppc 01Jan11]

(a)              Subject to clause 19.4(b), an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:

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

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

[19.4(b) substituted by PR503703 ppc 01Jan11]

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

(c)              Clause 19.4 does not operate to diminish an employee's entitlement to accident pay under any other instrument.

(d)              Clause 19.4 ceases to operate on 31 December 2014.

19.5              Adjustment of expense related allowances

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

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

Allowance

Applicable Consumer Price Index figure

Meal allowance

Take away and fast foods sub - group

   

20.              Extra rates not cumulative

The extra rates in this award, except the rate prescribed in clause 19.2 (Special rates - cold places) and the rates for work on public holidays, are not cumulative so as to exceed the maximum of double ordinary time rates.

21.              Payment of wages

21.1              Period of payment

(a)              Except as provided in clause 21.1(b), wages must be paid weekly or fortnightly, either:

(i)              according to the actual ordinary hours worked each week or fortnight; or

(ii)              according to the average number of ordinary hours worked each week or fortnight.

(b)              By agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid three weekly, four weekly or monthly. Agreement in this respect may also be reached between the employer and an individual employee.

21.2              Method of payment

Wages must be paid by cash, cheque or electronic funds transfer into the employee's bank or other recognised financial institution account.

21.3              Payment of wages on termination of employment

On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee within 48 hours.

21.4              Day off coinciding with pay day

Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with pay day, such employee must be paid no later than the working day immediately following pay day. However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

21.5              Wages to be paid during working hours

(a)              Where an employee is paid wages by cash or cheque such wages must be paid during ordinary working hours.

(b)              If an employee is paid wages by cash and is kept waiting for their wages on pay day after the usual time for ceasing work, the employee must be paid at overtime rates for the period they are kept waiting.

21.6              Absences from duty under an averaging system

Where an employee's ordinary hours in a week are greater or less than 38 hours and such employee's pay is averaged to avoid fluctuating wage payments, the following is to apply:

(a)              the employee accrues a credit for each day they work ordinary hours in excess of the daily average;

(b)              the employee does not accrue a credit for each day of absence from duty, other than on annual leave, long service leave, public holidays, paid personal/carer's leave, workers compensation, paid compassionate leave, paid training leave or jury service; and

(c)              an employee absent for part of a day, other than on annual leave, long service leave, public holidays, paid personal/carer's leave, workers compensation, paid compassionate leave, paid training leave or jury service, accrues a proportion of the credit for the day, based on the proportion of the working day that the employee was in attendance.

22.              Superannuation

[Varied by PR990542, PR994482, PR530252]

22.1              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.

22.2              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.

22.3              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 22.2.

(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 22.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 22.3(a) or (b) was made.

22.4              Superannuation fund

[22.4 varied by PR994482 from 01Jan10]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 22.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 22.2 and pay the amount authorised under clauses 22.3(a) or (b) to one of the following superannuation funds or its successor:

(a)              AustralianSuper;

(b)              AustSafe Super;

(c)              LUCRF Super;

(d)              Statewide Superannuation Trust;

(e)              Tasplan;

[22.4(f) substituted by PR530252 ppc 26Oct12]

(f)              CareSuper; or

(g)              any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund.

22.5              Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 22.2 and pay the amount authorised under clauses 22.3(a) or (b):

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

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

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

(ii)              the employee remains employed by the employer.

Part 5 - Hours of Work and Related Matters

 

23.              Ordinary hours of work and rostering

[Varied by PR994482]

23.1              Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

23.2              Ordinary hours of work - day workers

(a)              Subject to clause 23.5, the ordinary hours of work for a day worker are an average of 38 per week but not exceeding 152 hours in 28 days.

(b)              The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Saturday, provided that a day worker must not be required to work more than five and a half days of ordinary hours in a week. The days on which ordinary hours are worked may include Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee.

(c)              The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (6.00 am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or, in appropriate circumstances, between the employer and an individual employee.

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

(e)              The rate to be paid to a day worker for ordinary time worked before noon on a Saturday is 125% and after noon on a Saturday is 150%.

(f)              Where agreement is reached in accordance with clause 23.2(b), the rate to be paid to a day worker for ordinary time worked between midnight on Saturday and midnight on Sunday is 200%.

(g)              A day worker required to work on a public holiday must be paid for a minimum of three hours' work at the rate of 250%. The 250% rate must be paid to the employee until the employee is relieved from duty.

23.3              Ordinary hours of work - continuous shiftworkers

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

(b)              Subject to clause 23.3(c), the ordinary hours of work for a continuous shiftworker are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days. A continuous shiftworker is entitled to a 20 minute meal break on each shift which must be counted as time worked.

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

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

23.4              Ordinary hours of work - non - continuous shiftworkers

(a)              Subject to clause 23.4(b), the ordinary hours of work for a non - continuous shiftworker are an average of 38 per week and must not exceed 152 hours in 28 consecutive days.

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

(c)              The ordinary hours of work must be worked continuously, except for meal breaks, at the discretion of the employer.

(d)              Except at changeover of shifts an employee must not be required to work more than one shift in each 24 hours.

23.5              Methods of arranging ordinary working hours

(a)              Subject to the employer's right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in clause 23.2(c) and the employer's right to fix the commencing and finishing time of shifts from time to time, the arrangement of ordinary working hours must be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.

(b)              The matters on which agreement may be reached include:

(i)              how the hours are to be averaged within a work cycle established in accordance with clauses 23.2, 23.3 and 23.4;

(ii)              the duration of the work cycle for day workers provided that such duration does not exceed 12 months;

(iii)              rosters which specify the starting and finishing times of working hours;

(iv)              a period of notice of a rostered day off which is less than four weeks;

(v)              substitution of rostered days off;

(vi)              accumulation of rostered days off;

(vii)              arrangements which allow for flexibility in relation to the taking of rostered days off; and

(viii)              any arrangements of ordinary hours which exceed eight hours in any day but not exceeding 12 hours in a day or shift.

(c)              By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

(i)              proper health monitoring procedures being introduced;

(ii)              suitable roster arrangements being made;

(iii)              proper supervision being provided;

(iv)              adequate breaks being provided; and

(v)              a trial or review process being jointly implemented by the employer and the employees or their representatives.

(d)              Where an employee works on a shift other than a rostered shift, the employee must:

(i)              if employed on continuous work, be paid at the rate of 200%; or

(ii)              if employed on other shiftwork, be paid at the rate of 150% for the first three hours and 200% thereafter.

(e)              Clause 23.5(d) does not apply when the time is worked:

(i)              by arrangement between the employees themselves;

(ii)              for the purposes of effecting the customary rotation of shifts; or

[23.5(e)(iii) varied by PR994482 from 01Jan10]

(iii)              on a shift to which the employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment in accordance with Part 3 - 5 of the Act.

23.6              Daylight saving

(a)              Where by reason of State or Territory legislation summer time is prescribed as being in advance of the standard time in that state, the length of any shift commencing before the time prescribed by the relevant legislation for the commencement of a summer time period or commencing on or before the time prescribed by the relevant legislation for the termination of a summer time period, is deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end of the shift. The time of the clock in each case is to be set to the time fixed by the relevant legislation.

(b)              The terms standard time and summer time have the same meaning as in the relevant State or Territory legislation.

23.7              Make - up time

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

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

24.              Special provisions for shiftworkers

24.1              For the purposes of this award:

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

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

(c)              night shift means any shift finishing after midnight and at or before 8.00 am.

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

24.3              Afternoon and night shift allowances

(a)              An employee who works on afternoon or night shift must be paid 15% extra for such shift.

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

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

(ii)              for at least 38 ordinary hours (where more than eight ordinary hours are worked on each shift and the shift arrangement is in accordance with clauses 23.3 or 23.4);

must be paid for each shift 50% extra for the first three hours and 100% extra for the remaining hours.

(c)              An employee who:

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

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

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

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

24.4              Rate for working on Saturday shifts

The rate at which a shiftworker must be paid for work performed between midnight on Friday and midnight on Saturday is 150%. The extra rate is in substitution for and not cumulative upon the shift allowances prescribed in clause 24.3.

24.5              Rate for working on Sunday and public holiday shifts

(a)              The rate at which a continuous shiftworker must be paid for work on a rostered shift the major portion of which is performed on a Sunday or public holiday is 200%.

(b)              The rate at which a shiftworker, on other than continuous shiftwork, must be paid for all time worked on a Sunday is 200% and on a public holiday is 250%.

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

(d)              Where shifts fall partly on a public holiday, the shift which has the major portion falling on the public holiday must be regarded as the public holiday shift. By agreement between the employer and the majority of employees concerned, the shift which has the minor portion falling on the public holiday may be regarded as the public holiday shift instead.

(e)              The extra rates in clause 24.5 are in substitution for and not cumulative upon the shift allowances prescribed in clause 24.3.

25.              Meal breaks

25.1              An employee must not be required to work for more than five hours without a break for a meal except in the following circumstances:

(a)              in cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within five hours, an employee must not be required to work for more than six hours without a break for a meal; or

(b)              by agreement between an employer and an individual employee or the majority of employees in an enterprise or part of an enterprise concerned, an employee or employees may be required to work in excess of five hours but not more than six hours at the ordinary time rate without a meal break.

25.2              The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

25.3              An employer may stagger the time of taking meal and rest breaks to meet operational requirements.

25.4              Subject to clause 25.1, an employee must work during meal breaks at the ordinary time rate whenever instructed to do so for the purpose of making good any breakdown of plant or for routine maintenance of plant which can only be done while the plant is idle.

25.5              Except as otherwise provided in clause 25 - Meal breaks and except where any alternative arrangement is entered into by agreement between the employer and the employee concerned, the rate of 150% must be paid for all work done during meal hours and thereafter until a meal break is taken.

25.6              Two rest periods of 10 minutes duration on each day or shift to be counted as time worked must be allowed without deduction of pay. The employer may fix the times for the commencement of the rest periods.

26.              Overtime

[Varied by PR998078, PR509221, PR523051]

26.1              Payment for working overtime

(a)              Except as provided for in clauses 26.1(d), 26.1(e), 26.5 and 26.6, for all work done outside ordinary hours on any day or shift, as defined in clauses 23.2, 23.3 and 23.4, the overtime rate is 150% for the first three hours and 200% thereafter until the completion of the overtime work. For a continuous shiftworker the rate for working overtime is 200%.

(b)              For the purposes of clause 26 - Overtime, ordinary hours means the hours worked in an enterprise, fixed in accordance with clause 23 - Ordinary hours of work and rostering.

(c)              The hourly rate, when computing overtime, is determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.

(d)              An employee may elect, with the consent of the employer, to take time off instead of payment for overtime at a time or times agreed with the employer, provided that:

(i)              overtime taken as time off during ordinary hours must be taken at the ordinary time rate, that is an hour for each hour worked; and

(ii)              an employer must, if requested by an employee, provide payment, at the rate provided for the payment of overtime in this award, for any overtime worked which has not been taken as time off instead of payment for overtime within four weeks of accrual.

(e)              When not less than 7.6 hours' notice has been given to the employer by a relief shiftworker that the relief shiftworker will be absent from work and the shiftworker whom that person should relieve is not relieved and is required to continue work on their rostered day off, the unrelieved shiftworker must be paid at the rate of 200%.

(f)              In computing overtime each day's work stands alone.

26.2              One in, all in does not apply

The assignment of overtime by an employer to an employee is to be based on specific work requirements and the practice of one in, all in overtime must not apply.

26.3              Rest period after overtime

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

(b)              An employee, other than a casual employee, who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to the other provisions of clause 26.3, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during such absence.

(c)              If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off duty the employee must be paid at the rate of 200% until the employee is released from duty for such period. The employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.

(d)              By agreement between the employer and individual employee, the 10 hour break provided for in clause 26.3 may be reduced to a period of no less than eight hours.

(e)              The provisions of clause 26.3 will apply in the case of a shiftworker as if eight hours were substituted for 10 hours when overtime is worked:

(i)              for the purpose of changing shift rosters; or

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

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

26.4              Saturday work

A day worker required to work overtime on a Saturday must be paid for a minimum of three hours' work at the rate of 150% for the first three hours and 200% thereafter, except where the overtime is continuous with overtime commenced on the previous day.

26.5              Sunday work

An employee required to work overtime on a Sunday must be paid for a minimum of three hours' work at the rate of 200%. The 200% is to be paid until the employee is relieved from duty.

26.6              Public holiday work

(a)              A day worker required to work overtime on a public holiday must be paid for a minimum of three hours' work at the rate of 250%. The 250% is to be paid until the employee is relieved from duty.

(b)              A continuous shiftworker required to work overtime on a public holiday must be paid for a minimum of three hours' work at the rate of 200%.

(c)              A non - continuous shiftworker required to work overtime on a public holiday must be paid for a minimum of three hours' work at the rate of 250%. The 250% is to be paid until the employee is relieved from duty.

26.7              Rest break

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

(b)              Where a day worker is required to work overtime on a Saturday, Sunday or public holiday or on a rostered day off, the first rest break must be paid at the employee's ordinary time rate.

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

(d)              An employer and employee may agree to any variation of clause 26.7 to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 26.7.

26.8              Meal allowance

[26.8(a) varied by PR998078, PR509221, PR523051 ppc 01Jul12]

(a)              An employee must be paid a meal allowance of $12.58 on each occasion the employee is entitled to a rest break in accordance with clause 26.7, except in the following circumstances:

(i)              if the employee is a day worker and was notified no later than the previous day that they would be required to work such overtime; or

(ii)              if the employee is a shiftworker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime; or

(iii)              if the employee lives in the same locality as the enterprise and could reasonably return home for meals; or

(iv)              if the employee is provided with an adequate meal by the employer.

(b)              If an employee has provided a meal or meals on the basis that they have been given notice to work overtime and the employee is not required to work overtime or is required to work less than the amount advised, they must be paid the prescribed meal allowance for the meal or meals which they have provided but which are surplus.

26.9              Transport of employees

When an employee, after having worked overtime or a shift for which they have not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer must provide the employee with a conveyance home, or pay the employee at the overtime rate for the time reasonably occupied in reaching home.

Part 6 - Leave and Public Holidays

 

27.              Annual leave

[Varied by PR994482]

27.1              Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.

27.2              Conversion to hourly entitlement

An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in s.87 of the Act to an hourly entitlement for administrative ease (i.e. 152 hours for a full - time employee entitled to four weeks of annual leave and 190 hours for a shiftworker as defined in clause 27.3).

27.3              Definition of shiftworker

(a)              For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.

(b)              Where an employee with 12 months' continuous service is engaged for part of the 12 month period as a seven day shiftworker, that employee must have their annual leave increased by half a day for each month the employee is continuously engaged as a seven day shiftworker.

27.4              Payment for period of annual leave

(a)              Instead of the base rate of pay as referred to in s.90(1) of the Act, an employee under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.

(b)              Subject to clause 27.4(c), the wages to be paid must be worked out on the basis of what the employee would have been paid under this award for working ordinary hours during the period of annual leave, including allowances, loadings and penalties paid for all purposes of the award, first aid allowance and any other wages payable under the employee's contract of employment including any overaward payment.

(c)              The employee is not entitled to payments in respect of overtime, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.

27.5              Annual leave loading

(a)              During a period of annual leave an employee must also be paid a loading calculated on the wages prescribed in clause 27.4.

(b)              The loading must be as follows:

(i)              Day work

An employee who would have worked on day work only had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed in clause 27.4 or the relevant weekend penalty rates, whichever is the greater but not both.

(ii)              Shiftwork

An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed in clause 27.4 or the shift loading including relevant weekend penalty rates, whichever is the greater but not both.

27.6              Excessive leave

[27.6 varied by PR994482 from 01Jan10]

Notwithstanding s.88 of the Act, if an employer has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, the employer can require the employee to take annual leave by giving not less than four weeks' notice of the time when such leave is to be taken if:

(a)              at the time the direction is given, the employee has eight weeks or more of annual leave accrued; and

(b)              the amount of annual leave the employee is directed to take is less than or equal to a quarter of the amount of leave accrued.

27.7              Paid leave in advance of accrued entitlement

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

27.8              Cashing out of annual leave

(a)              An employee and an employer can agree to cash out any accrued annual leave of the employee provided that does not result in the employee's remaining accrued entitlement to paid annual leave being less than four weeks; and

(b)              Upon agreement being reached for each cashing out of a particular amount of paid annual leave then that agreement must be recorded by a separate agreement in writing between the employer and the employee; and

(c)              The employee must be paid at least the full agreed amount that would have been payable to the employee had the employee taken the leave that the employee has foregone.

27.9              Annual close - down

Notwithstanding s.88 of the Act and clause 27.6, an employer may close down an enterprise or part of it for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned, provided that:

(a)              the employer gives not less than four weeks' notice of intention to do so; and

(b)              an employee who has accrued sufficient leave to cover the period of the close - down, is allowed leave and also paid for that leave at the appropriate wage in accordance with clauses 27.4 and 27.5; and

(c)              an employee who has not accrued sufficient leave to cover part or all of the close - down, is allowed paid leave for the period for which they have accrued sufficient leave and given unpaid leave for the remainder of the close - down; and

(d)              any leave taken by an employee as a result of a close - down pursuant to clause 27.9 also counts as service by the employee with their employer; and

(e)              the employer may only close down the enterprise or part of it pursuant to clause 27.9 for one or two separate periods in a year; and

(f)              if the employer closes down the enterprise or part of it pursuant to clause 27.9 in two separate periods, one of the periods must be for a period of at least 14 consecutive days including non - working days; and

(g)              the employer and the majority of employees concerned may agree to the enterprise or part of it being closed down pursuant to clause 27.9 for three separate periods in a year provided that one of the periods is a period of at least 14 days including non - working days; and

(h)              the employer may close down the enterprise or part of it for a period of at least 14 days including non - working days and allow the balance of any annual leave to be taken in one continuous period in accordance with a roster.

 

27.10              Transfer of business

[27.10 substituted by PR994482 from 01Jan10]

Where a business is transferred from one employer to another, the period of continuous service that an employee had with the old employer must be deemed to be service with the new employer and taken into account when calculating annual leave. However an employee is not entitled to leave or payment instead for any period in respect of which leave has been taken or paid for.

27.11              Proportionate leave on termination

On termination of employment, an employee must be paid for annual leave accrued that has not been taken at the appropriate wage calculated in accordance with clause 27.4.

28.              Personal/carer's leave and compassionate leave

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

29.              Community service leave

Community service leave is provided for in the NES.

30.              Public holidays

30.1              Public holidays are provided for in the NES.

30.2              Substitution of certain public holidays by agreement at the enterprise

(a)              By agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned, an alternative day may be taken as the public holiday instead of any of the prescribed days.

(b)              An employer and an individual employee may agree to the employee taking another day as the public holiday instead of the day which is being observed as the public holiday in the enterprise or part of the enterprise concerned.

30.3              Rostered day off falling on public holiday

(a)              Except as provided for in clauses 30.3(b) and (c) and where the rostered day off falls on a Saturday or a Sunday, where a full - time employee's ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:

(i)              7.6 hours of pay at the ordinary time rate; or

(ii)              7.6 hours of extra annual leave; or

(iii)              a substitute day off on an alternative week day.

(b)              Where an employee has credited time accumulated pursuant to clause 21.6, then such credited time should not be taken as a day off on a public holiday.

(c)              If an employee is rostered to take credited time accumulated pursuant to clause 21.6 as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer must allow the employee to take the time off on an alternative week day.

(d)              Clauses 30.3(b) and (c) do not apply in relation to days off which are specified in an employee's regular roster or pattern of ordinary hours as clause 30.3(a) applies to such days off.

Schedule A - Transitional Provisions

 

[Varied by PR991576, PR503703]

A.1              General

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

A.1.2              The provisions of this schedule are to be applied:

(a)              when there is a difference, in money or percentage terms, between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award - based transitional instrument on the one hand and an equivalent provision in this award on the other;

(b)              when a loading or penalty in a relevant transitional minimum wage instrument or award - based transitional instrument has no equivalent provision in this award;

(c)              when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award - based transitional instrument; or

(d)              when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award - based transitional instrument.

A.2              Minimum wages - existing minimum wage lower

A.2.1              The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a)              was obliged,

(b)              but for the operation of an agreement - based transitional instrument or an enterprise agreement would have been obliged, or

(c)              if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by a transitional minimum wage instrument and/or an award - based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2              In this clause minimum wage includes:

(a)              a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;

(b)              a piecework rate; and

(c)              any applicable industry allowance.

A.2.3              Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award - based transitional instrument for the classification concerned.

A.2.4              The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5              From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

A.2.6              The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7              These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3              Minimum wages - existing minimum wage higher

A.3.1              The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a)              was obliged,

(b)              but for the operation of an agreement - based transitional instrument or an enterprise agreement would have been obliged, or

(c)              if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by a transitional minimum wage instrument and/or an award - based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2              In this clause minimum wage includes:

(a)              a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;

(b)              a piecework rate; and

(c)              any applicable industry allowance.

A.3.3              Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award - based transitional instrument for the classification concerned.

A.3.4              The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5              From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

A.3.6              The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7              These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4              Loadings and penalty rates

For the purposes of this schedule loading or penalty means a:

·              casual or part - time loading;

·              Saturday, Sunday, public holiday, evening or other penalty;

·              shift allowance/penalty.

A.5              Loadings and penalty rates - existing loading or penalty rate lower

A.5.1              The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a)              was obliged,

(b)              but for the operation of an agreement - based transitional instrument or an enterprise agreement would have been obliged, or

(c)              if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by the terms of a transitional minimum wage instrument or an award - based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

A.5.2              Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award - based transitional instrument for the classification concerned.

A.5.3              The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4              From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

A.5.5              These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6              Loadings and penalty rates - existing loading or penalty rate higher

A.6.1              The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a)              was obliged,

(b)              but for the operation of an agreement - based transitional instrument or an enterprise agreement would have been obliged, or

(c)              if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by the terms of a transitional minimum wage instrument or an award - based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award, or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award, for any classification of employee.

A.6.2              Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award - based transitional instrument.

A.6.3              The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award, the transitional percentage is the rate in A.6.2.

A.6.4              From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

A.6.5              These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7              Loadings and penalty rates - no existing loading or penalty rate

A.7.1              The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2              Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3              From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

First full pay period on or after

 

1 July 2010

20%

1 July 2011

40%

1 July 2012

60%

1 July 2013

80%

A.7.4              These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8              Former Division 2B employers

[A.8 inserted by PR503703 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 - Classification Structure and Definitions

 

[Varied by PR991576]

B.1              Classification structure

B.1.1              Process Attendant Level 1

(a)              Point of entry

New employee.

(b)              Skills/duties - indicative tasks

An employee in the first three months of duty undertakes training for any task including but not limited to sorting, grading, trimming, washing and packaging of fish, seafood and marine products and is under direct supervision.

(c)              Promotional criteria

An employee remains at this level for the first three months or until they are capable of demonstrating competency in the tasks required at this level so as to enable them to progress to Level 2.

B.1.2              Process Attendant Level 2

(a)              Point of entry

(i)              Process Attendant Level 1; or

(ii)              Proven and demonstrated skills, including industry certification as appropriate, at Level 2.

(b)              Skills/duties - indicative tasks

Indicative of the tasks which an employee at Level 2 may perform are the following:

(i)              Filleting,

(ii)              Weighing,

(iii)              Cleaning of fish and/or shellfish,

(iv)              Precise grading, marking and inspection,

(v)              Draining, tailing, pickling, crumbing and cooking of seafood,

(vi)              Chilling of fish and shellfish,

(vii)              Sealing, stopping and stamping of cartons,

(viii)              Bulk packaging and operation of single function fish processing equipment,

(ix)              Operation of a can closure machine,

(x)              Packing in a standard container,

(xi)              Recording and documentation as required,

(xii)              Cold storage chiller and freezer operations.

(c)              Promotional criteria

An employee remains at this level until they have developed the skills to allow the employee to effectively perform the tasks required at this level and are assessed by the employer to be competent to perform effectively at a higher level so as to enable them to progress as a position becomes available.

B.1.3              Process Attendant Level 3

(a)              Point of entry

(i)              Process Attendant Level 2; or

(ii)              Proven and demonstrated skills, including industry certification as appropriate, at Level 3.

(b)              Skills/duties - indicative tasks

Indicative of the tasks which an employee at Level 3 may perform are the following:

(i)              Any or all of the tasks described at Level 2,

(ii)              Operation of refrigeration equipment,

(iii)              Operation of a forklift of up to 4500 kilograms,

(iv)              Operation of steam raising equipment,

(v)              Specialist filleting (by hand),

(vi)              Setting and operation of a retort to a scheduled process,

(vii)              Setting up and monitoring of can closure operations,

(viii)              Recording, documentation of production processes and distribution,

(ix)              Specialist shucking.

(c)              Promotional criteria

An employee remains at this level until they have developed the skills to allow the employee to effectively perform the tasks required at this level and are assessed by the employer to be competent to perform effectively at a higher level so as to enable them to progress as a position becomes available.

B.1.4              Process Attendant Level 4

(a)              Point of entry

(i)              Process Attendant Level 3; or

(ii)              Proven and demonstrated skills, including industry certification as appropriate, at Level 4.

(b)              Skills/duties - indicative tasks

Indicative of the tasks which an employee at Level 4 may perform are the following:

(i)              Any or all of the tasks described at Level 3,

(ii)              Supervising and/or co - ordinating of a single processing section or table, whilst being directly answerable to the team leader/room supervisor,

(iii)              Quality assurance officer.

Schedule C - National Training Wage

 

[Sched C inserted by PR994482 ppc 01Jan10; varied by PR991576, PR997971, PR509099, PR522930]

C.1              Title

This is the National Training Wage Schedule.

C.2              Definitions

In this schedule:

adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level

approved training means the training specified in the training contract

Australian Qualifications Framework (AQF) is a national framework for qualifications in post - compulsory education and training

out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a)              include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(b)              include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(c)              not include any period during a calendar year in which a year of schooling is completed

relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation

relevant State or Territory vocational education and training legislation means the following or any successor legislation:

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; or

Western Australia: Vocational Education and Training Act 1996

trainee is an employee undertaking a traineeship under a training contract

traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification

training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority

training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package

year 10 includes any year before Year 10

C.3              Coverage

C.3.1              Subject to clauses C.3.2 to C.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 to this schedule or by clause C.5.4 of this schedule.

C.3.2              This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix C1 to this schedule.

C.3.3              This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

C.3.4              This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

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

C.3.6              At the conclusion of the traineeship, this schedule ceases to apply to the employee.

C.4              Types of Traineeship

The following types of traineeship are available under this schedule:

C.4.1              a full - time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and

C.4.2              a part - time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on - the - job or partly on - the - job and partly off - the - job, or where training is fully off - the - job.

C.5              Minimum Wages

[C.5 substituted by PR997971, PR509099, PR522930 ppc 01Jul12]

C.5.1              Minimum wages for full - time traineeships

(a)              Wage Level A

Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full - time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

 

$

$

$

School leaver

272.40

300.10

357.50

Plus 1 year out of school

300.10

357.50

416.00

Plus 2 years out of school

357.50

416.00

484.10

Plus 3 years out of school

416.00

484.10

554.30

Plus 4 years out of school

484.10

554.30

 

Plus 5 or more years out of school

554.30

 

 

(b)              Wage Level B

Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full - time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

Per week

per week

 

$

$

$

School leaver

272.40

300.10

347.90

Plus 1 year out of school

300.10

347.90

400.10

Plus 2 years out of school

347.90

400.10

469.20

Plus 3 years out of school

400.10

469.20

535.20

Plus 4 years out of school

469.20

535.20

 

Plus 5 or more years out of school

535.20

 

 

(c)              Wage Level C

Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full - time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

 

$

$

$

School leaver

272.40

300.10

347.90

Plus 1 year out of school

300.10

347.90

391.50

Plus 2 years out of school

347.90

391.50

437.30

Plus 3 years out of school

391.50

437.30

487.30

Plus 4 years out of school

437.30

487.30

 

Plus 5 or more years out of school

487.30

 

 

(d)              AQF Certificate Level IV traineeships

(i)              Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full - time AQF Certificate Level IV traineeship are the minimum wages for the relevant full - time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii)              Subject to clause C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full - time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level

First year of traineeship

Second and subsequent years of traineeship

 

per week

per week

 

$

$

Wage Level A

575.60

598.00

Wage Level B

555.40

576.70

Wage Level C

505.40

524.60

C.5.2              Minimum wages for part - time traineeships

(a)              Wage Level A

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part - time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.96

9.88

11.76

Plus 1 year out of school

9.88

11.76

13.69

Plus 2 years out of school

11.76

13.69

15.93

Plus 3 years out of school

13.69

15.93

18.23

Plus 4 years out of school

15.93

18.23

 

Plus 5 or more years out of school

18.23

 

 

(b)              Wage Level B

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part - time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.96

9.88

11.45

Plus 1 year out of school

9.88

11.45

13.16

Plus 2 years out of school

11.45

13.16

15.44

Plus 3 years out of school

13.16

15.44

17.61

Plus 4 years out of school

15.44

17.61

 

Plus 5 or more years out of school

17.61

 

 

(c)              Wage Level C

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part - time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.96

9.88

11.45

Plus 1 year out of school

9.88

11.45

12.88

Plus 2 years out of school

11.45

12.88

14.39

Plus 3 years out of school

12.88

14.39

16.03

Plus 4 years out of school

14.39

16.03

 

Plus 5 or more years out of school

16.03

 

 

(d)              School - based traineeships

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a school - based AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix C1 are as follows when the trainee works ordinary hours:

Year of schooling

Year 11 or lower

Year 12

per hour

per hour

$

$

8.96

9.88

(e)              AQF Certificate Level IV traineeships

(i)              Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part - time AQF Certificate Level IV traineeship are the minimum wages for the relevant part - time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii)              Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part - time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level

First year of traineeship

Second and subsequent years of traineeship

 

per hour

per hour

 

$

$

Wage Level A

18.94

19.67

Wage Level B

18.26

18.97

Wage Level C

16.63

17.26

(f)              Calculating the actual minimum wage

(i)              Where the full - time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses C.5.2(a)-(e) of this schedule by 38 and then dividing the figure obtained by the full - time ordinary hours of work per week.

(ii)              Where the approved training for a part - time traineeship is provided fully off - the - job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses C.5.2(a)-(e) of this schedule applies to each ordinary hour worked by the trainee.

(iii)              Where the approved training for a part - time traineeship is undertaken solely on - the - job or partly on - the - job and partly off - the - job, the relevant minimum wage in clauses C.5.2(a)-(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

C.5.3              Other minimum wage provisions

(a)              An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

(b)              If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.

C.5.4              Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I-III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix C1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I-III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

C.6              Employment conditions

C.6.1              A trainee undertaking a school - based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer's leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.

C.6.2              A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

C.6.3              Time spent by a trainee, other than a trainee undertaking a school - based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee's wages and determining the trainee's employment conditions.

C.6.4              Subject to clause C.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.


Appendix C1: Allocation of Traineeships to Wage Levels

 

The wage levels applying to training packages and their AQF certificate levels are:

C1.1              Wage Level A

Training package

AQF certificate level

Aeroskills

II

Aviation

I
II
III

Beauty

III

Business Services

I
II
III

Chemical, Hydrocarbons and Refining

I
II
III

Civil Construction

III

Coal Training Package

II
III

Community Services

II
III

Construction, Plumbing and Services Integrated Framework

I
II
III

Correctional Services

II
III

Drilling

II
III

Electricity Supply Industry - Generation Sector

II
III (in Western Australia only)

Electricity Supply Industry - Transmission, Distribution and Rail Sector

II

Electrotechnology

I
II
III (in Western Australia only)

Financial Services

I
II
III

Floristry

III

Food Processing Industry

III

Gas Industry

III

Information and Communications Technology

I
II
III

Laboratory Operations

II
III

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

I
II
III

Manufactured Mineral Products

III

Manufacturing

I
II
III

Maritime

I
II
III

Metal and Engineering (Technical)

II
III

Metalliferous Mining

II
III

Museum, Library and Library/Information Services

II
III

Plastics, Rubber and Cablemaking

III

Public Safety

III

Public Sector

II
III

Pulp and Paper Manufacturing Industries

III

Retail Services (including wholesale and Community pharmacy)

III

Telecommunications

II
III

Textiles, Clothing and Footwear

III

Tourism, Hospitality and Events

I
II
III

Training and Assessment

III

Transport and Distribution

III

Water Industry (Utilities)

III

C1.2              Wage Level B

Training package

AQF certificate level

Animal Care and Management

I
II
III

Asset Maintenance

I
II
III

Australian Meat Industry

I
II
III

Automotive Industry Manufacturing

II
III

Automotive Industry Retail, Service and Repair

I
II
III

Beauty

II

Caravan Industry

II
III

Civil Construction

I

Community Recreation Industry

III

Entertainment

I
II
III

Extractive Industries

II
III

Fitness Industry

III

Floristry

II

Food Processing Industry

I
II

Forest and Forest Products Industry

I
II
III

Furnishing

I
II
III

Gas Industry

I
II

Health

II
III

Local Government (Operational Works)

I
II

Manufactured Mineral Products

I
II

Metal and Engineering (Production)

II
III

Outdoor Recreation Industry

I
II
III

Plastics, Rubber and Cablemaking

II

Printing and Graphic Arts

II
III

Property Services

I
II
III

Public Safety

I
II

Pulp and Paper Manufacturing Industries

I
II

Retail Services

I
II

Screen and Media

I
II
III

Sport Industry

II
III

Sugar Milling

I
II
III

Textiles, Clothing and Footwear

I
II

Transport and Logistics

I
II

Visual Arts, Craft and Design

I
II
III

Water Industry

I
II

 


C1.3              Wage Level C

Training package

AQF certificate level

Agri - Food

I

Amenity Horticulture

I
II
III

Conservation and Land Management

I
II
III

Funeral Services

I
II
III

Music

I
II
III

Racing Industry

I
II
III

Rural Production

I
II
III

Seafood Industry

I
II
III

   

Schedule D - Supported Wage System

 

[Varied by PR991576, PR994482, PR998748, PR510670, PR525068]

D.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.

D.2              In this schedule:

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

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

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

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

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

SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee's productive capacity and agreed wage rate

D.3              Eligibility criteria

D.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.

D.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.

D.4              Supported wage rates

D.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 D.5)

%

Relevant minimum wage

%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

[D.4.2 varied by PR994482, PR998748, PR510670, PR525068 ppc 01Jul12]

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

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

D.5              Assessment of capacity

D.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.

D.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.

D.6              Lodgement of SWS wage assessment agreement

D.6.1              All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with Fair Work Australia.

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

D.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.

D.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.

D.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.

D.10              Trial period

D.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.

D.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.

[D.10.3 varied by PR994482, PR998748, PR510670, PR525068 ppc 01Jul12]

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

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

D.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 D.5.

Schedule E - 2012 Part - day public holidays

 

[Sched E inserted by PR532631 ppc 23Nov12]

This schedule operates in conjunction with award provisions dealing with public holidays.

E.1              Where a part - day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2012) or New Year's Eve (31 December 2012) 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.

(h)              Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.

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

About this document
(1)
Code:
MA000068
Title:
Seafood Processing Award 2010
Effective:
20 Sep 2019
Instrument Type:
Modern Award
(37)
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
Seafood Processing Award 2010
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2 Sep 2016
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1.0.11.0 SD