Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5,item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after the first 2 years

Modern Awards Review 2012
(AM2012/38 and others)

ROAD TRANSPORT AND DISTRIBUTION AWARD 2010
[MA000038]

Modern Awards Review 2012 - two year review of all modern awards - Road Transport and Distribution Award 2010.

A. Further to the decision issued on 16 December 2013 [[2013] FWC 9805] I order that the Road Transport and Distribution Award 2010 be varied as follows:

1. By inserting the following definitions in clause 3.1—Definitions and interpretation,in alphabetical order:

base rate of pay has the meaning in section 16 of the Fair Work Act 2009 (Cth)

fatigue management rules/regulations means Commonwealth,State or Territory laws,controlling driving and working hours of heavy vehicle operators or fatigue management

2. By deleting the reference “16.1(f)”in clause 8.1(b)(i) and inserting “16.2(f)”.

3. By deleting clause 12.5(d) and inserting the following:

(d) A casual employee shall be paid for all overtime worked at overtime rates specified in clause 27.1. For each hour of overtime worked a casual must also be paid 10% of 1/38th of the minimum weekly wage specified for their classification in clause 15—Classifications and minimum wage rates. A casual employee will not receive the 25% casual loading referred to in clause 12.5(c) whilst working overtime.

Example:Assuming the hourly rate is $10 per hour,a casual employee would be paid $12.50 per hour for ordinary hours of work and would be paid according to the following methodology when working overtime:

• Time and a half—a payment of $15 plus 10% of $10,as the hourly rate,giving a total payment of $16.



• Double time—a payment of $20 plus 10% of $10,as the hourly rate,giving a total payment of $21.

4. By deleting the table appearing in clause 15.2 and inserting the following:

5. By renumbering clauses 16.1 to 16.4 as 16.2 to 16.5.

6. By inserting a new clause 16.1 as follows:

16.1 The allowances in clause 16.2 are payable to full-time,part-time and casual employees. In the case of part-time and casual employees,they will be calculated as follows:

(a) For weekly allowances,1/38th of the specified amount per hour worked up to a maximum of 38 hours in any one week.

(b) For daily allowances,the amount prescribed in clause 16.2.

(c) For hourly allowances,payment for each hour worked up to a maximum of 38 hours in any one week.

7. By deleting the table heading “Leading hands in charge of:”appearing in clause 16.2(a) and inserting “An employee appointed as a leading hand in charge of:”.

8. By deleting the words “or part thereof”in clauses 16.2(b)(i),(iv),(x) and (xi).

9. By deleting clause 16.2(f) and inserting the following:

(f) Travelling allowance

An employee engaged in travelling on duty,or on work on which the employee is unable to return home at night must be paid personal expenses reasonably incurred in travelling,of at least $30.90 per day. Where an employer provides suitable accommodation and meals such allowance shall not be payable.

10. By deleting the reference to “16.1(b)(vi)”in clause 16.3 and inserting “16.2(b)(vi)”

11. By deleting clause 22.3 and inserting the following:

22.3 The ordinary hours of work must not exceed eight hours per day and must be worked continuously (except for meal breaks or any breaks taken for the purpose of complying with fatigue management rules/regulations) between the hours of 5.30 am and 6.30 pm. The spread of ordinary hours may be altered in any depot,yard or garage by one hour at each end by agreement between the employer and the majority of employees concerned. Agreement may thereafter be reached between the employer and an individual employee.

12. By deleting clause 22.5(a)(iii) and inserting the following:

(iii) rostered days off may be accumulated to a maximum of 10 days and taken or paid out at the applicable base rate of pay in any combination agreed in writing between the employer and employee;

13. By inserting the following after the words “regular rotating periods”in clause 24.1(d):

but does not include work performed by day workers employed under clause 22—Ordinary hours of work

14. By deleting the full stop at the end of clause 26.1(b)(ii) and inserting “;and”.

15. By inserting clause 26.1(b)(iii) as follows:

(iii) where reasonable and practical,be taken at a time to coincide with any requirement to take a break under fatigue management rules/regulations,or as otherwise required by the employer.

16. By deleting clause 26.1(c) and inserting the following:

(c) If the meal break is not allowed,all time worked after the commencement time of the regular meal break until a break without pay for a meal time is allowed must be paid for at double the minimum hourly rate in clause 15.2.

17. By deleting clause 26.2 and inserting the following:

26.2 Meal breaks after ordinary hours and before overtime hours

(a) An employee required to work overtime for two hours or more after working ordinary hours must be allowed a paid break of 20 minutes before commencing overtime work or as soon as practicable thereafter. A further rest break must be allowed upon completing each four hour period until the overtime work is finished. Any rest breaks shall be paid for at the ordinary time rate.

(b) Wherever reasonable and practical,the rest break must be taken at a time to coincide with any requirement to take a break under fatigue management rules/regulations.

(c) An employer and employee may agree to apply any variation of this provision in order to meet the circumstances of the work in hand.

18. By deleting clause 28.2(g) and inserting the following:

(g) A casual employee will receive a minimum payment for four hours. The payment prescribed in this subclause will be in addition to the casual loading in clause 12.5(c).

19. By deleting “GMV”in clause B.3.1(f)(iv) in Schedule B and inserting “GVM”.

20. By deleting the first classification description under Transport worker grade 6 in Schedule C and inserting the following:

Driver of a rigid vehicle and a heavy trailer combination with more than three axles and a GCM greater than 22.4 tonnes up to and including 53.4 tonnes

21. By deleting the word “day”in the third paragraph of the classification description for Transport worker grade 10 in Schedule C.

B. This determination comes into effect on 7 January 2014.

SENIOR DEPUTY PRESIDENT

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