Professional Diving Industry (Recreational) Award 2010

MA000109 - Professional Diving Industry (Recreational) Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 17 December 2013 (variation PR545787).

Clauses affected by the most recent variation:

      Professional Diving Industry (Recreational) Award 2010

NOTE:

Transitional provisions may apply to certain clauses –see clause 2 and Schedule A

To determine the transitional amount or loading,go to the version of this modern award in operation prior to 1 July 2010 which does not include:

(a) variations to minimum wages resulting from the Annual Wage Review 2009-10;or

(b) variations in expense related allowances operative from 1 July 2010.

Table of Contents

[Varied by PR532631,PR544519]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation regarding major workplace change

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. Accident pay

17. Higher duties

18. Payment of wages

19. Superannuation

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work and rostering

21. Breaks

22. Overtime and penalty rates

Part 6—Leave and Public Holidays

23. Annual leave

24. Personal/carer’s leave and compassionate leave

25. Community service leave

26. Public holidays

Schedule A—Transitional Provisions

Schedule B—National Training Wage

Appendix B1:Allocation of Traineeships to Wage Levels

Schedule C—2013 Part-day public holidays

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Professional Diving Industry (Recreational) Award 2010.

2. Commencement and transitional

[Varied by PR542229]

2.1 This award commences on 1 January 2010.

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

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

      ●minimum wages and piecework rates

      ●casual or part-time loadings

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

      ●shift allowances/penalties.

[2.4 varied by PR542229 ppc 04Dec13]

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

[2.5 varied by PR542229 ppc 04Dec13]

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

[2.6 varied by PR542229 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

      (a) on its own initiative;or

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

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

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

3. Definitions and interpretation

[Varied by PR997772,PR503679]

3.1 In this award,unless the contrary intention appears:

      Act means the Fair Work Act 2009 (Cth)

      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 PR503679 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 PR503679 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)

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

      standard rate means the minimum weekly wage for a dive master in clause 14.1

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

      working time for an instructor means instruction time plus pre-dive and post-dive briefings of a maximum 30 minutes duration each

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

4. Coverage

4.1 This industry award covers employers throughout Australia engaged in the provision of underwater services for the purposes of recreational diving and related shipboard services and their employees in the classifications in clause 14Minimum wages to the exclusion of any other modern award.

4.2 In this clause Australia includes all such areas as fall within the territorial jurisdiction of the Commonwealth or of a State.

4.3 The award does not cover employers and employees covered by the classifications listed in the Professional Diving Industry (Industrial) Award 2010.

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

4.5 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

4.6 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

4.7 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.

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

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Award flexibility

[Varied by PR542229]

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

      (a) arrangements for when work is performed;

      (b) overtime rates;

      (c) penalty rates;

      (d) allowances;and

      (e) leave loading.

[7.2 varied by PR542229 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

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

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

[7.3(b) varied by PR542229 ppc 04Dec13]

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

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

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

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

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

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

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

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

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

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

7.8 The agreement may be terminated:

[7.8(a) varied by PR542229 ppc 04Dec13]

      (a) by the employer or the individual employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

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

[Note inserted by PR542229 ppc 04Dec13]

      Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542229 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542229 ppc 04Dec13]

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

Part 2—Consultation and Dispute Resolution

8. Consultation regarding major workplace change

9. Dispute resolution

8. Consultation regarding major workplace change

8.1 Employer to notify

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

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

8.2 Employer to discuss change

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

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

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

9. Dispute resolution

[Varied by PR542229]

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

[9.2 varied by PR542229 ppc 04Dec13]

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

[9.3 varied by PR542229 ppc 04Dec13]

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

[9.4 varied by PR542229 ppc 04Dec13]

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

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

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

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

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

      (a) full-time employees;

      (b) part-time employees;or

      (c) casual employees.

10.2 Full-time employees

      (a) All employees except casual employees must be employed by the week.

      (b) A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.

      (c) Where employment is of less than four weeks’duration,employees will be paid casual rates.

10.3 Part-time employees

      (a) A part-time employee is an employee who:

        (i) is engaged to work an average of fewer than 38 ordinary hours per week;and

        (ii) receives pro rata pay and conditions according to their classification in this award.

      (b) For each ordinary hour worked,a part-time employee will be paid no less than 1/38th of the minimum weekly rate of pay for the relevant classification in clause 14Minimum wages.

      (c) An employer must inform a part-time employee prior to the commencement of employment of the ordinary hours of work and starting and finishing times.

10.4 Casual employees

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

      (b) For each hour worked,a casual employee will be paid no less than 1/38th of the relevant minimum weekly wage in clause 14Minimum wages,plus a loading of 25%.

      (c) The casual loading is paid instead of annual leave,personal/carer’s leave,notice of termination,redundancy benefits and the other entitlements of full-time or part-time employment provided for in this award. The loading constitutes part of the casual employee’s all-purpose rate.

      (d) Casual employment is to be terminated by four hours’notice on either side,or by the payment or forfeiture of four hours’wages as the case may be.

      (e) A casual employee engaged in shop work which includes classroom instruction is entitled to a minimum payment of two hours at the casual rate of pay.

      (f) Where field work takes place within a period of 24 hours,a casual employee is entitled to a minimum payment of four hours at the casual rate of pay.

10.5 Boat trips

      (a) Full-time and part-time employees

        (i) A day trip means a trip that takes place within a period of 24 hours,i.e. the employee leaves and returns within a period of 24 hours.

        (ii) A long trip means a trip that exceeds a period of 24 hours.

        (iii) When a full-time employee is on a day trip,the employee is entitled to a minimum payment of six hours’ordinary time pay. When a part-time employee is on a day trip,the employee is entitled to a minimum payment of three hours’ordinary time pay.

        (iv) When a full-time or part-time employee is on a long trip,the employee is entitled to a minimum payment of six hours’ordinary time pay for each 24 hour period of the trip.

      (b) Casual employees

        (i) When a casual employee is on a day trip that is in excess of six hours,the employee is entitled to a minimum payment of six hours at the casual rate of pay.

        (ii) When a casual employee is on a day trip of less than six hours,the employee is to be paid the actual hours worked.

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

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

11.3 Job search entitlement

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

12. Redundancy

[Varied by PR503679]

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

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

12.3 Employee leaving during notice period

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

12.4 Job search entitlement

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

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

      (c) This entitlement applies instead of clause 11.3.

12.5 Transitional provisions –NAPSA employees

[12.5 renamed by PR503679 ppc 01Jan11]

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

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

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

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

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

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

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503679 ppc 01Jan11]

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

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

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

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

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

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

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. Accident pay

17. Higher duties

18. Payment of wages

19. Superannuation

13. Classifications

13.1 Employees may be required to carry out the duties of deckhands,cooks or skippers,in addition to instructing and supervising diving operations,shopwork,interviewing prospective clients and other undefined duties.

13.2 Dive instructor means an employee trained to train other divers in accordance with AS 4005.2,.3,.4:2000 and in keeping with the provisions of the operational standard AS/NZS 2299.3:2003.

13.3 Dive master means an employee trained to the level required of AS 4005.2,.3,.4:2000 and in keeping with the provisions of the operational standard AS/NZS 2299.3:2003.

14. Minimum wages

[Varied by PR998009,PR509140,PR522971,PR536774]

[14.1 varied by PR998009,PR509140,PR522971,PR536774 ppc 01Jul13]

14.1 A full-time employee must be paid an annual rate as set out below:

    Level

    Minimum annual wage

    Minimum weekly wage

     

    $

    $

    Dive master

    35,247

    676.00

    Dive instructor

    37,504

    719.30

14.2 National Training Wage

15. Allowances

[Varied by PR998140,PR509261,PR523091,PR536894]

15.1 Accommodation and meals offshore

      The employee will be reimbursed for all meals and accommodation purchased whilst onboard a vessel travelling offshore for a journey of one or more nights. This provision will not apply where meals and accommodation are provided by the employer.

15.2 Distant work onshore

      (a) Definition

        (i) For the purpose of this clause distant work means that the distances or the travelling facilities to and from places of work make it reasonably necessary that employees live and sleep at a place other than their usual place of residence at the time of commencing work.

        (ii) If employees whilst employed on distant work change their usual place of residence,such new place of residence or any further change of residence (if made whilst employed on distant work) will be regarded as the employee’s usual place of residence for determination of whether the work is distant work within the meaning of this clause.

      (b) Travel to and from distant work

        (i) Employees engaged on distant work (as defined in clause 15.2(a)(i)) and who are required to travel,with equipment,to and from work will be reimbursed for the cost of such travel unless the employer provides the means of travel.

        (ii) Where an employee is recalled and required to return on more than one occasion to the place of work,the employer will reimburse the employee the cost of obtaining conveyance on each occasion,provided that where the employer provides such conveyance,the obligation with respect to payment or reimbursement will have been fulfilled.

        (iii) The employer will not reimburse the employee for the cost of travel and travelling time of an employee who:

          ●leaves the employment of their own volition before the completion of the job or before being three months in such employment,whichever happens first;

          ●is discharged for unsatisfactory performance within one week of engagement;or

          ●is discharged for misconduct.

      (c) Rate of pay for travel to and from distant work

        (i) The rate of pay for time occupied in travelling to and from distant work will be ordinary rates,except on Sundays and public holidays when it will be paid for at 150% of the ordinary minimum rate.

[15.2(c)(ii) varied by PR523091,PR536894 ppc 01Jul13]

        (ii) Employees will also be paid an amount of $5.77 to cover the expenses,if any,of reaching home and of transporting their personal diving equipment.

        (iii) The maximum travelling time to be paid for is 12 hours out of every 24 hours,or when a sleeping berth is provided by the employer for all night travel,eight hours out of every 24 hours.

      (d) Accommodation and meals

        (i) The employee will be reimbursed for all meals and accommodation purchased whilst on distant work. The provision will not apply where meals and accommodation are provided by the employer or where the provisions of clauses 15.2(d)(ii) and (iii) apply.

[15.2(d)(ii) varied by PR998140,PR509261,PR523091,PR536894 ppc 01Jul13]

        (ii) Employees,by agreement with the employer,may be paid a minimum of $314.11 per week in return for the employees being responsible for securing their own accommodation and meals.

[15.2(d)(iii) varied by PR998140,PR509261,PR523091,PR536894 ppc 01Jul13]

        (iii) In the case of parts of the week occurring at the beginning or ending of employment on a distant job,the allowance is $44.93 per day or one seventh of any other weekly amount agreed on.

15.3 Vehicle allowance

[15.3 varied by PR523091,PR536894 ppc 01Jul13]

      Employees who consent to use their own vehicle in the course of their employment for the transportation of themselves and their personal diving equipment will be paid an allowance of $0.76 per kilometre.

15.4 Language allowance

      A language allowance of 6% of the standard rate per week is payable for instructing in a language other than English,where required by the employer.

15.5 Loss of personal effects allowance

[15.5 varied by PR998140,PR509261,PR523091,PR536894 ppc 01Jul13]

      An employee will be reimbursed up to $2236.00 for the loss of personal effects normally required while offshore,which are lost due to fire,explosion,collision,foundering or collapse of a fixed platform,vessel or work barge. Provided that no payment will be made where the employee’s loss is made good by any insurance policy or other claim on the employer or any third party.

15.6 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.

[15.6(b) varied by PR523091 ppc 01Jul12]

      (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

      Vehicle/travel allowance

      Private motoring sub-group

      Loss of personal effects

      All groups

      Distant work

      Transport group

      Accommodation and meals

      All groups

   

16. Accident pay

[Varied by PR503679]

[16.1 substituted by PR503679 ppc 01Jan11]

16.1 Subject to clause 16.2,an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006,a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:

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

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

      (c) employee’s entitlement to accident pay,if any,under any other instrument.

[16.2 substituted by PR503679 ppc 01Jan11]

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

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

16.4 This clause ceases to operate on 31 December 2014.

17. Higher duties

17.1 Where employees perform the duties of a higher paid classification for a day or part thereof they will be paid at the higher rate for that day.

17.2 For the purposes of this clause a higher paid classification means a classification with salary and allowances at a higher paid classification than the employee’s current classification.

18. Payment of wages

18.1 Wages will be paid weekly or fortnightly unless otherwise agreed between the employer and the employee.

18.2 Wages will be paid by cash,bank cheque or electronic funds transfer (EFT) into the employee’s bank or nominated financial institution account.

18.3 Employees who are kept waiting for their wages on pay day for more than 15 minutes after the usual time for ceasing work must be paid overtime rates after that 15 minutes.

18.4 On termination of employment,wages due to employees must be paid to them on the day of such termination or forwarded to them by post on the next working day.

19. Superannuation

19.1 Superannuation legislation

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

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

19.2 Employer contributions

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

19.3 Voluntary employee contributions

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

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

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

19.4 Superannuation fund

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

      (a) Maritime Super;

      (b) AMP Superannuation Savings Trust;or

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

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work and rostering

21. Breaks

22. Overtime and penalty rates

20. Ordinary hours of work and rostering

20.1 This clause supplements Division 3 of the NES which deals with maximum weekly hours.

20.2 The ordinary hours of work are an average of 38 hours per week but not exceeding 152 hours over a period of 28 days.

20.3 The ordinary hours of work may be worked on any day of the week to a maximum of 12 hours on any one day.

21. Breaks

21.1 An employee is entitled to an unpaid meal break at a time fixed by agreement between the employer and the majority of employees concerned,provided that no employee works more than five hours without a meal break

21.2 An employee is entitled to a 10 minute paid rest break during the morning or the afternoon without loss of pay at a time agreed between the employer and the employee.

22. Overtime and penalty rates

22.1 All time worked on any one day in excess of 12 hours will be paid as overtime.

22.2 Overtime will be paid for at the rate of 150% of the ordinary hourly minimum rate of pay for the first two hours and 200% of the ordinary hourly minimum rate of pay thereafter.

22.3 Employees including casual employees who are called back to work after the usual finishing time will be paid for a minimum of four hours’work at overtime rates.

Part 6—Leave and Public Holidays

23. Annual leave

24. Personal/carer’s leave and compassionate leave

25. Community service leave

26. Public holidays

23. Annual leave

23.1 Annual leave is provided for in the NES.

23.2 In addition to the payment required to be made under the NES,the employee will be paid an annual leave loading of 17.5% of the ordinary rate of pay for the period of annual leave.

24. Personal/carer’s leave and compassionate leave

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

25. Community service leave

Community service leave is provided for in the NES.

26. Public holidays

Public holidays are provided for in the NES.

Schedule A—Transitional Provisions

[Varied by PR503679]

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 PR503679 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—National Training Wage

[Varied by PR998009,PR509140,PR522971,PR536774,PR545787]

B.1 Title

This is the National Training Wage Schedule.

B.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

B.3 Coverage

B.3.1 Subject to clauses B.3.2 to B.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 B1 to this schedule or by clause B.5.4 of this schedule.

B.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 B1 to this schedule.

B.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.

B.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.

B.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.

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

B.4 Types of Traineeship

The following types of traineeship are available under this schedule:

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

B.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.

B.5 Minimum Wages

[B.5 substituted by PR998009,PR509140,PR522971,PR536774 ppc 01Jul13]

B.5.1 Minimum wages for full-time traineeships

      (a) Wage Level A

        Subject to clause B.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 B1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per week

      per week

      per week

       

      $

      $

      $

      School leaver

      279.50

      307.90

      366.80

      Plus 1 year out of school

      307.90

      366.80

      426.80

      Plus 2 years out of school

      366.80

      426.80

      496.70

      Plus 3 years out of school

      426.80

      496.70

      568.70

      Plus 4 years out of school

      496.70

      568.70

       

      Plus 5 or more years out of school

      568.70

        

      (b) Wage Level B

        Subject to clause B.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 B1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per week

      Per week

      per week

       

      $

      $

      $

      School leaver

      279.50

      307.90

      356.90

      Plus 1 year out of school

      307.90

      356.90

      410.50

      Plus 2 years out of school

      356.90

      410.50

      481.40

      Plus 3 years out of school

      410.50

      481.40

      549.10

      Plus 4 years out of school

      481.40

      549.10

       

      Plus 5 or more years out of school

      549.10

        

      (c) Wage Level C

        Subject to clause B.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 B1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per week

      per week

      per week

       

      $

      $

      $

      School leaver

      279.50

      307.90

      356.90

      Plus 1 year out of school

      307.90

      356.90

      401.70

      Plus 2 years out of school

      356.90

      401.70

      448.70

      Plus 3 years out of school

      401.70

      448.70

      500.00

      Plus 4 years out of school

      448.70

      500.00

       

      Plus 5 or more years out of school

      500.00

        

      (d) AQF Certificate Level IV traineeships

        (i) Subject to clause B.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 B.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

        590.60

        613.50

        Wage Level B

        569.80

        591.70

        Wage Level C

        518.50

        538.20

B.5.2 Minimum wages for part-time traineeships

      (a) Wage Level A

        Subject to clauses B.5.2(f) and B.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 B1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per hour

      per hour

      per hour

       

      $

      $

      $

      School leaver

      9.19

      10.14

      12.07

      Plus 1 year out of school

      10.14

      12.07

      14.05

      Plus 2 years out of school

      12.07

      14.05

      16.34

      Plus 3 years out of school

      14.05

      16.34

      18.70

      Plus 4 years out of school

      16.34

      18.70

       

      Plus 5 or more years out of school

      18.70

        

      (b) Wage Level B

        Subject to clauses B.5.2(f) and B.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 B1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per hour

      per hour

      per hour

       

      $

      $

      $

      School leaver

      9.19

      10.14

      11.75

      Plus 1 year out of school

      10.14

      11.75

      13.50

      Plus 2 years out of school

      11.75

      13.50

      15.84

      Plus 3 years out of school

      13.50

      15.84

      18.07

      Plus 4 years out of school

      15.84

      18.07

       

      Plus 5 or more years out of school

      18.07

        

      (c) Wage Level C

        Subject to clauses B.5.2(f) and B.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 B1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per hour

      per hour

      per hour

       

      $

      $

      $

      School leaver

      9.19

      10.14

      11.75

      Plus 1 year out of school

      10.14

      11.75

      13.21

      Plus 2 years out of school

      11.75

      13.21

      14.76

      Plus 3 years out of school

      13.21

      14.76

      16.45

      Plus 4 years out of school

      14.76

      16.45

       

      Plus 5 or more years out of school

      16.45

        

      (d) School-based traineeships

        Subject to clauses B.5.2(f) and B.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 B1 are as follows when the trainee works ordinary hours:

      Year of schooling

      Year 11 or lower

      Year 12

      per hour

      per hour

      $

      $

      9.19

      10.14

      (e) AQF Certificate Level IV traineeships

        (i) Subject to clauses B.5.2(f) and B.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 B.5.2(f) and B.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

        19.43

        20.18

        Wage Level B

        18.73

        19.46

        Wage Level C

        17.06

        17.71

      (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 B.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 B.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 B.5.2(a)(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

B.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.

B.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 B1 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.

B.6 Employment conditions

B.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.

B.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.

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

[Note inserted by PR545787 ppc 01Jan14]

      Note:The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause B.5.2(f)(ii) and not by this clause.

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

Appendix B1:Allocation of Traineeships to Wage Levels

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

B1.1 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

B1.2 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

B1.3 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 C—2013 Part-day public holidays

[Sched C inserted by PR532631 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13]

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

C.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2013) or New Year’s Eve (31 December 2013) 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 C.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 C.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 not intended to detract from or supplement the NES.

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

** end of text **

About this document
(1)
Code:
MA000109
Title:
Professional Diving Industry (Recreational) Award 2010
Effective:
21 Nov 2018
Instrument Type:
Modern Award
(28)
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
Professional Diving Industry (Recreational) Award 2010
(11)
(1)
2 Sep 2016
(29)
1.0.10.0