DETERMINATION

Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Variation on the Commission’s own initiative
(AM2022/11)

JOURNALISTS PUBLISHED MEDIA AWARD 2020
[MA000067]

Fair Work Act 2009 (Cth) s 160 –Commission acting on its own initiative –Journalists Published Media Award 2020.

A. Further to the decision [2022] FWC 1245 issued by the Fair Work Commission on 20 May 2022,the above award is varied as follows:

1. By deleting the words “shift penalty rates”appearing in clause 10.4 and inserting “shiftwork rates,weekend rates”.

2. By deleting clause 11.7(b) and inserting the following:

(b) by a regional daily newspaper or a suburban newspaper cannot be classified above Level 10.

3. By deleting the word “Penalty”appearing in the heading of clause 12.4 and inserting “Shiftwork and weekend”.

4. By deleting the words “shift penalty rates”appearing in clause 12.4(b) and inserting “shiftwork or weekend rates”.

5. By deleting clause 12.4(c) and inserting the following:

(c) The agreement may provide that one or more of the additional rates in clause 19—Shiftwork and weekend rates will not apply. In such a case,those additional rates will not apply.

6. By deleting the words “overtime and penalty rates”appearing in the Note in clause 14.1 and inserting “overtime,shiftwork,weekend and public holiday rates”.

7. By deleting the words “shift penalty rates”appearing in clause 16.2(b)(v) and inserting “shiftwork,weekend and public holiday rates”.

8. By deleting the words “Overtime and Penalty Rates”appearing in the heading of Part 5 and inserting “Overtime,Shiftwork and Weekend Rates”.

9. By deleting the words “shift penalty rates”appearing in the heading of clause 18.8(d) and inserting “shiftwork rates,weekend rates”.

10. By deleting the words “Shiftwork and weekend penalty rates”appearing in the heading in clause 19 and inserting “Shiftwork and weekend rates”.

11. By deleting clause 19.1 and inserting the following:

19.1 Morning and afternoon shifts

Subject to the provisions of clause 19,an employee who is instructed by the employer to perform and performs ordinary hours on a shift will be entitled to be paid an additional 10% of the ordinary hourly rate for all ordinary hours worked on a shift:

any part of which falls between the hours of 6.00 am and 7.00 am,or

(a) that concludes between the hours of 6.00 pm and 8.30 pm.

12. By deleting clause 19.2 and inserting the following:

19.2 Night shifts

Subject to the provisions of clause 19,an employee who is instructed by the employer to perform and performs ordinary hours on a shift,any part of which falls between the hours of 8.30 pm and 6.00 am,will be entitled to be paid the following additional rates for all ordinary hours worked on that shift:

Employees employed by a	Additional % of ordinary hourly rate
Metropolitan daily newspaper,suburban newspaper,a magazine or a wire service	17.5%
Regional daily newspaper,country non-daily newspaper or digital publication	15%

13. By deleting clause 19.3 and inserting the following:

19.3 The additional rates provided in clauses 19.1 and 19.2 are not cumulative and,where any shift attracts both additional rates,the higher percentage additional rate only will be paid.

14. By inserting the word “additional”before the words “rates prescribed”appearing in clause 19.5.

15. By deleting the words “shift penalty rates”appearing in clause 19.6 and inserting “additional rates”.

16. By deleting the words “shift penalty rates and penalty rates”wherever they appear in clause 30.1(c) and inserting “shiftwork rates,weekend rates and public holiday rates”.

17. By deleting the words “penalties and overtime”in clause A.1.1 and inserting “shiftwork rates,weekend rates,public holiday rates and overtime”.

18. By inserting the following Note below the table appearing in clause A.1.3:

NOTE:The classification of editorial employees is limited in accordance with clause 11.7.

19. By deleting the table appearing in clause A.1.4 and inserting the following

¹ Except country non-daily newspaper employees,see clause 4.9(a).

² Country non-daily newspaper employees only.

³ Except suburban newspaper employees,see clause 4.9(a).

⁴ Suburban newspaper employees only.

⁵ Certain employees are not entitled to overtime,see clause 4.9(a).

⁶ Metropolitan newspaper,magazine or wire service employees only,see clause 18.8(a).

⁷ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

20. By inserting the following Note below the table appearing in clause A.1.4:

NOTE:The classification of editorial employees is limited in accordance with clause 11.7.

21. By deleting clause A.1.5 and inserting the following:

A.1.5 Metropolitan daily newspaper,magazine or wire service employees—shiftwork and weekend rates

	Morning/afternoon shift		Night shift		All other shifts
	Weekday shift1	Weekend shift2	Weekday shift3	Weekend shift4	Weekend5
	% of ordinary hourly rate6
	110%7	120%7	117.5%7	127.5%7	110%7
	$	$	$	$
Band 1
Level 1	28.41	31.00	30.35	32.93	28.41
Level 2	29.21	31.86	31.20	33.85	29.21
Level 3	30.46	33.23	32.54	35.30	30.46
Level 4	31.28	34.13	33.42	36.26	31.28
Level 5	32.10	35.02	34.29	37.20	32.10
Level 6	33.74	36.80	36.04	39.10	33.74
Level 7	35.21	38.41	37.61	40.81	35.21
Band 2
Level 8	36.86	40.21	39.37	42.73	36.86
Level 9	39.08	42.43	41.59	44.95	39.08
Level 10	41.32	44.67	43.83	47.19	41.32
Band 3
Level 11	42.44	45.79	44.95	48.31	42.44
Level 128	–	–	–	–	–
Level 138	–	–	–	–	–

¹ Payment for hours worked in accordance with clause 19.1.

² Payment for hours worked in accordance with clauses 19.1 and 19.4.

³ Payment for hours worked in accordance with clause 19.2.

⁴ Payment for hours worked in accordance with clauses 19.2 and 19.4.

⁵ Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1 and 19.2.

⁶ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

⁷ The rate for certain employees is limited in accordance with clause 19.5.

⁸ Certain employees are not entitled to shiftwork and weekend rates,see clause 4.9(a).

22. By deleting clause A.1.6 and inserting the following:

A.1.6 Suburban newspaper employees—shiftwork and weekend rates

	Morning/afternoon shift		Night shift		All other shifts
	Weekday shift1	Weekend shift2	Weekday shift3	Weekend shift4	Weekend5
	% of ordinary hourly rate6
	110%7	120%7	117.5%7	127.5%7	110%7
	$	$	$	$
Band 1
Level 1	28.41	31.00	30.35	32.93	28.41
Level 2	29.21	31.86	31.20	33.85	29.21
Level 3	30.46	33.23	32.54	35.30	30.46
Level 4	31.21	33.98	33.29	36.05	31.21
Level 5	31.95	34.72	34.03	36.79	31.95
Level 6	33.44	36.21	35.52	38.28	33.44
Level 7	34.78	37.55	36.86	39.62	34.78
Band 2
Level 8	36.28	39.05	38.36	41.12	36.28
Level 9	38.50	41.27	40.58	43.34	38.50
Level 108	–	–	–	–	–
Band 3
Level 119	–	–	–	–	–
Level 128	–	–	–	–	–
Level 138	–	–	–	–	–

¹ Payment for hours worked in accordance with clause 19.1.

² Payment for hours worked in accordance with clauses 19.1 and 19.4.

³ Payment for hours worked in accordance with clause 19.2.

⁴ Payment for hours worked in accordance with clauses 19.2 and 19.4.

⁵ Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1 and 19.2.

⁶ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

⁷ The rate for certain employees is limited in accordance with clause 19.5.

⁸ Certain employees are not entitled to shiftwork and weekend rates,see clause 4.9(a).

⁹ Suburban newspaper employees cannot be classified above Level 10,see clause 11.7(b).

23. By renumbering clauses A.1.7 and A.1.8 as clauses A.1.8 and A.1.7,respectively.

24. By deleting clause A.1.7 and inserting the following:

A.1.7 Regional daily,country non-daily and digital publication employees—shiftwork and weekend rates

¹ Payment for hours worked in accordance with clause 19.1.

² Payment for hours worked in accordance with clauses 19.1 and 19.4.

³ Payment for hours worked in accordance with clause 19.2.

⁴ Payment for hours worked in accordance with clauses 19.2 and 19.4.

⁵ Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1 and 19.2.

⁶ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

⁷ The rate for certain employees is limited in accordance with clause 19.5.

⁸ Does not apply to country non-daily employees,see clause 4.9(a).

⁹ Country non-daily employees cannot be classified above Level 9,see clause 11.7(a).

¹⁰ Regional daily employees cannot be classified above Level 10,see clause 11.7(b).

¹¹ Certain employees are not entitled to shiftwork and weekend rates,see clause 4.9(a).

25. By deleting clause A.1.8 and inserting the following:

A.1.8 All other publication employees—morning/afternoon shift and weekend rates

	Morning/afternoon shift		All other shifts
	Weekday shift1	Weekend shift2	Weekend3
	% of ordinary hourly rate4
	110%5	120%5	110%5
	$	$	$
Band 1
Level 1	28.41	31.00	28.41
Level 2	29.21	31.86	29.21
Level 3	30.46	33.23	30.46
Level 4	31.28	34.13	31.28
Level 5	32.10	35.02	32.10
Level 6	33.74	36.80	33.74
Level 7	35.08	38.14	35.08
Band 2
Level 8	36.58	39.64	36.58
Level 9	38.80	41.86	38.80
Level 10	41.04	44.10	41.04
Band 3
Level 11	42.16	45.22	42.16
Level 126	–	–	–
Level 136	–	–	–

¹ Payment for hours worked in accordance with clause 19.1.

² Payment for hours worked in accordance with clauses 19.1 and 19.4.

³ Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1.

⁴ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

⁵ The rate for certain employees is limited in accordance with clause 19.5.

⁶ Certain employees are not entitled to shiftwork and weekend rates,see clause 4.9(a).

26. By inserting the following Note below the table appearing in clause A.2.1:

NOTE:The classification of editorial employees is limited in accordance with clause 11.7.

27. By deleting clause A.2.2 and inserting the following:

A.2.2 Metropolitan daily newspaper,magazine or wire service employees—shiftwork and weekend rates

	Morning/afternoon shift		Night shift		All other shifts
	Weekday shift1	Weekend shift2	Weekday shift3	Weekend shift4	Weekend5
	% of ordinary hourly rate6
	135%7	145%7	142.5%7	152.5%7	135%7
	$	$	$	$	$
Band 1
Level 1	34.87	37.46	36.81	39.39	34.87
Level 2	35.85	38.50	37.84	40.49	35.85
Level 3	37.38	40.15	39.46	42.22	37.38
Level 4	38.39	41.24	40.53	43.37	38.39
Level 5	39.40	42.32	41.59	44.50	39.40
Level 6	41.41	44.47	43.71	46.77	41.41
Level 7	43.21	46.41	45.61	48.81	43.21
Band 2
Level 8	45.24	48.59	47.75	51.11	45.24
Level 9	48.01	51.36	50.52	53.88	48.01
Level 10	50.81	54.16	53.32	56.68	50.81
Band 3
Level 11	52.21	55.56	54.72	58.08	52.21
Level 128	–	–	–	–	–
Level 138	–	–	–	–	–

¹ Payment for hours worked in accordance with clause 19.1.

² Payment for hours worked in accordance with clauses 19.1 and 19.4.

³ Payment for hours worked in accordance with clause 19.2.

⁴ Payment for hours worked in accordance with clauses 19.2 and 19.4.

⁵ Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clause 19.1 and 19.2.

⁶ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

⁷ The rate for certain employees is limited in accordance with clause 19.5.

⁸ Certain employees are not entitled to shiftwork and weekend rates,see clause 4.9(a).

28. By deleting clause A.2.3 and inserting the following:

A.2.3 Suburban newspaper employees—shiftwork and weekend rates

	Morning/afternoon shift		Night shift		All other shifts
	Weekday shift1	Weekend shift2	Weekday shift3	Weekend shift4	Weekend5
	% of ordinary hourly rate6
	135%7	145%7	142.5%7	152.5%7	135%7
	$	$	$	$	$
Band 1
Level 1	34.87	37.46	36.81	39.39	34.87
Level 2	35.85	38.50	37.84	40.49	35.85
Level 3	37.38	40.15	39.46	42.22	37.38
Level 4	38.32	41.09	40.40	43.16	38.32
Level 5	39.25	42.02	41.33	44.09	39.25
Level 6	41.11	43.88	43.19	45.95	41.11
Level 7	42.78	45.55	44.86	47.62	42.78
Band 2
Level 8	44.66	47.43	46.74	49.50	44.66
Level 9	47.43	50.20	49.51	52.27	47.43
Level 108	–	–	–	–	–
Band 3
Level 119	–	–	–	–	–
Level 128	–	–	–	–	–
Level 138	–	–	–	–	–

¹ Payment for hours worked in accordance with clause 19.1.

² Payment for hours worked in accordance with clauses 19.1 and 19.4.

³ Payment for hours worked in accordance with clause 19.2.

⁴ Payment for hours worked in accordance with clauses 19.2 and 19.4.

⁵ Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1 and 19.2.

⁶ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

⁷ The rate for certain employees is limited in accordance with clause 19.5.

⁸ Certain employees are not entitled to shiftwork and weekend rates,see clause 4.9(a).

⁹ Suburban newspaper employees cannot be classified above Level 10,see clause 11.7(b).

29. By renumbering clauses A.2.4 and A.2.5 as clauses A.2.5 and A.2.4,respectively.

30. By deleting clause A.2.4 and inserting the following:

A.2.4 Regional daily,country non-daily and digital publication employees—shiftwork and weekend rates

¹ Payment for hours worked in accordance with clause 19.1.

² Payment for hours worked in accordance with clauses 19.1 and 19.4.

³ Payment for hours worked in accordance with clause 19.2.

⁴ Payment for hours worked in accordance with clauses 19.2 and 19.4.

⁵ Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1 and 19.2.

⁶ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

⁷ The rate for certain employees is limited in accordance with clause 19.5.

⁸ Does not apply to country non-daily employees,see clause 4.9(a).

⁹ Country non-daily employees cannot be classified above Level 9,see clause 11.7(a).

¹⁰ Regional daily employees cannot be classified above Level 10,see clause 11.7(b).

¹¹ Certain employees are not entitled to shiftwork and weekend rates,see clause 4.9(a).

31. By deleting clause A.2.5 and inserting the following:

A.2.5 All other publication employees—morning/afternoon shift and weekend rates

	Morning/afternoon shift		All other shifts
	Weekday shift1	Weekend shift2	Weekend3
	% of ordinary hourly rate4
	135%5	145%5	135%5
	$	$	$
Band 1
Level 1	34.87	37.46	34.87
Level 2	35.85	38.50	35.85
Level 3	37.38	40.15	37.38
Level 4	38.39	41.24	38.39
Level 5	39.40	42.32	39.40
Level 6	41.41	44.47	41.41
Level 7	43.08	46.14	43.08
Band 2
Level 8	44.96	48.02	44.96
Level 9	47.73	50.79	47.73
Level 10	50.53	53.59	50.53
Band 3
Level 11	51.93	54.99	51.93
Level 126	–	–	–
Level 136	–	–	–

¹ Payment for hours worked in accordance with clause 19.1.

² Payment for hours worked in accordance with clauses 19.1 and 19.4.

³ Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clauses 19.1.

⁴ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

⁵ The rate for certain employees is limited in accordance with clause 19.5.

⁶ Certain employees are not entitled to shiftwork and weekend rates,see clause 4.9(a).

32. By deleting the table appearing in clause A.3.2 and inserting the following:

¹ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

² Metropolitan newspaper,magazine or wire service employees only,see clause 18.8(a).

33. By deleting clause A.3.3 and inserting the following:

A.3.3 All publications—cadets—morning/afternoon shift and weekend rates

		Morning/afternoon shift		All other shifts (except for night shifts in certain publications (see clause 19.2))
	Cadet percentage	Weekday shift1	Weekend shift2	Weekend3
	% of Level 1 employee	% of ordinary hourly rate4
		110%	120%	110%
	%	$	$
Standard Cadet
1st year	60%	17.05	18.60	17.05
2nd year	75%	21.31	23.24	21.31
3rd year	90%	25.58	27.90	25.58
Graduate Cadet	90%	25.58	27.90	25.58

¹ Payment for hours worked in accordance with clause 19.1.

² Payment for hours worked in accordance with clauses 19.1 and 19.4.

³ Payment for hours worked in accordance with clause 19.4 and which do not fall within the hours specified in clause 19.1,as well as the hours specified in clause 19.2 if the employee is employed by one of the types of publication in clause 19.2.

⁴ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

34. By deleting clause A.3.4 and inserting the following:

A.3.4 Metropolitan daily newspaper,suburban newspaper,magazine or wire service—cadets—night shift rates

		Night shift
	Cadet percentage	Weekday shift1	Weekend shift2
	% of Level 1 employee
		% of ordinary hourly rate3
		117.5%	127.5%
	%	$	$
Standard Cadet
1st year	60%	18.21	19.76
2nd year	75%	22.76	24.70
3rd year	90%	27.32	29.64
Graduate Cadet	90%	27.32	29.64

¹ Payment for hours worked in accordance with clause 19.2.

² Payment for hours worked in accordance with clauses 19.2 and 19.4.

³ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

35. By deleting clause A.3.5 and inserting the following:

A.3.5 Regional daily newspaper,country non-daily newspaper and digital publication—cadets—night shift rates

	Cadet percentage	Night shift
	% of Level 1 employee	Weekday shift1	Weekend shift2
		% of ordinary hourly rate3
		115%	125%
	%	$	$
Standard Cadet
1st year	60%	17.83	19.38
2nd year	75%	22.28	24.21
3rd year	90%	26.74	29.06
Graduate Cadet	90%	26.74	29.06

¹ Payment for hours worked in accordance with clause 19.2.

² Payment for hours worked in accordance with clauses 19.2 and 19.4.

³ Rates in table are calculated based on the minimum hourly rate,see clauses A.1.1 and A.1.2.

36. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation on 30 May 2022. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee's first full pay period that starts on or after 30 May 2022.

VICE PRESIDENT

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