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(a) when 2 or more employees are employed at the plant at the one time, the employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility;

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

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

employer means national system employer within the meaning of the Act.

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

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

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

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

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 rate for a Grade 4 racecourse attendant in clause 17.1.

3. The National Employment Standards and this award

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

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

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

4. Coverage

4.1 This industry award covers employers throughout Australia engaged in the staging of events at horse and greyhound racing venues, including but not limited to thoroughbred, harness, trotting and greyhound racing clubs, and their employees in the classifications listed in clauses 13—Classifications—other than liquor employees and 14—Classifications—liquor employees to the exclusion of any other modern award.

4.2 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. Clause 4.2 operates subject to the exclusions from coverage in this award.

4.3 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.3 operates subject to the exclusions from coverage in this award.

4.4 This industry award does not cover:

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

(b) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

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

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

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

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

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

5.11 An agreement may be terminated:

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

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

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

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

[6 substituted by PR763207 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 31—Dispute resolution and/or under section 65B of the Act.

7. Facilitative provisions for flexible working practices

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

Clause	Provision	Agreement between an employer and:
11.4	Frequency of payment – casual	An individual
16.3(b)	Tea breaks – other than casual employees	The majority of employees
21.7	Time off instead of payment for overtime	An individual
22.2(c)	Penalty rates – public holiday	An individual
23.4	Annual leave in advance	An individual
23.9	Cashing out of annual leave	An individual
28.2	Substitution of public holidays by agreement	An individual

Part 2—Types of Employment and Classifications

8. Types of employment

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

(a) full-time;

(b) part-time; or

(c) casual.

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

9. Full-time employees

A full-time employee is engaged to work an average of 38 hours per week.

10. Part-time employees

[Varied by PR733859]

10.1 A part-time employee:

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

(b) has predictable hours of work; and

(c) receives, on a pro rata basis, equivalent pay and conditions to full-time employees in the same classification.

10.2 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work including:

(a) the hours to be worked; and

(b) the starting and finishing times on each day.

10.3 These hours, once fixed, can only be varied by mutual agreement.

10.4 Any agreed variation to the regular pattern of work will be recorded in writing.

10.5 Minimum engagement

An employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any shift.

[10.6 deleted by PR733859 from 27Sep21]

[10.7 renumbered as 10.6 by PR733859 from 27Sep21]

10.6 All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 21—Overtime.

[10.8 renumbered as 10.7 by PR733859 from 27Sep21]

10.7 A part-time employee must be paid for ordinary hours worked at the minimum hourly rate prescribed for the relevant classification.

[10.9 renumbered as 10.8 by PR733859 from 27Sep21]

10.8 A part-time employee will receive a minimum of 8 full days off for each 4 week period.

11. Casual employees—other than liquor employees

[Varied by PR723959, PR733859]

11.1 Clause 11 applies to employees in the classifications in clause 13—Classifications—other than liquor employees.

[11.2 deleted by PR733859 from 27Sep21]

11.2 Casual loading

[11.3 renumbered as 11.2 by PR733859 from 27Sep21]

(a) Except as provided in clause 11.6, a casual employee is to be paid the minimum hourly rate for the relevant classification in clause 17—Minimum rates, plus a loading of 25%.

(b) The casual loading is instead of all paid leave including annual leave, personal/carer’s leave and public holidays not worked whether prescribed in this award or the NES.

[New 11.4 inserted by PR723959 ppc 20Nov20; 11.4 renumbered as 11.3 by PR733859 from 27Sep21]

11.3 When a casual employee (other than a casual employee engaged on night cleaning duties between the hours of 11.00 pm and 7.00 am) works overtime, they must be paid the overtime rates in clause 21.3.

[11.4 renumbered as 11.5 by PR723959, 11.5 renumbered as 11.4 by PR733859 from 27Sep21]

11.4 Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly, fortnightly or monthly.

11.5 Minimum engagement

[11.5 renumbered as 11.6 by PR723959, 11.6 renumbered as 11.5 by PR733859 from 27Sep21]

A casual employee who reports for work and is not allowed to start will be paid for 4 hours at the minimum rate for the relevant classification, which is expressed in the tables in clause 12—Casual employment—liquor employees as the minimum payment.

11.6 Sunday and public holiday rates

[11.6 renumbered as 11.7 by PR723959, 11.7 renumbered as 11.6 by PR733859 from 27Sep21]

(a) For work on Sundays a casual employee is to be paid 200% of the minimum hourly rate prescribed in clause 17—Minimum rates for the relevant classification.

(b) For work on a public holiday a casual employee is to be paid 250% of the minimum hourly rate prescribed in clause 17—Minimum rates for the relevant classification.

11.7 Night cleaning duties

[11.7 renumbered as 11.8 by PR723959, 11.8 renumbered as 11.7 by PR733859 from 27Sep21]

A casual employee engaged on night cleaning duties between the hours of 11.00 pm and 7.00 am will be paid 155% of the minimum hourly rate (inclusive of a casual loading of 25% and a shift allowance of 30%) for all time worked. The provisions of clauses 15—Ordinary hours of work and 21—Overtime do not apply to night cleaning duties.

11.8 Offers and requests for casual conversion

[11.8 renumbered as 11.9 by PR723959; 11.9 renumbered as 11.8 and renamed and substituted by PR733859 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 31—Dispute resolution.

12. Casual employment—liquor employees

[Varied by PR723959, PR718830; corrected by PR725978; varied by PR733859, PR729267, PR740688, PR762121, PR767881]

[12.1 varied by PR733859 from 27Sep21]

12.1 Clause 12 applies to liquor employees in the classifications set out in clause 14—Classifications—liquor employees.

12.2 Casual employees 19 years of age or over must be paid the minimum hourly rates in clause 12.4.

12.3 The formula set out in clause A.2.4 is used to adjust the hourly rates.

12.4 Penalty rates—adult employees

[12.4 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

Bar attendants, cashiers and adults engaged in picking up glasses must be paid the rate for work performed on any one day as follows:

Day	Minimum hourly rate	Minimum payment¹
	$	$
Monday to Saturday	32.44	129.78
Sunday	43.90	175.59
Public holiday	54.92	219.66

¹See clause 11.5.

12.5 Penalty rates—junior employees

[12.5 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23, PR767881 ppc 31Dec23]

Employees under 19 years of age engaged in picking up glasses must be paid the rate for work performed on any one day as follows:

Day	Minimum hourly rate	Minimum payment¹
	$	$
Monday to Saturday	25.95	103.80
Sunday	35.12	140.48
Public holiday	43.93	175.71

¹See clause 11.5.

[12.6 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

12.6 Employees in charge of, or supervising the work of, bar attendants or cashiers must be paid an allowance of $23.88 per week.

[12.7 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

12.7 Employees working on a ‘shop day’, that is preparing for a function on the day before such function or cleaning up on the day after the function, must be paid as follows:

Day	Minimum hourly rate
	$
Monday to Saturday	32.44
Sunday	43.90
Public holiday	54.92

NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.

[12.8 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

12.8 Employees must be paid an allowance of $5.24 per engagement where the employee finishes after 10.00 pm.

12.9 The rates of pay in clause 12—Casual employment—liquor employees have been loaded to compensate employees for the casual nature of the work, weekend and holiday penalties and benefits otherwise available to full-time employees including annual leave, personal/carer’s leave, etc.

[New 12.10 inserted by PR723959 ppc 20Nov20]

12.10 When a casual employee works overtime, they must be paid the overtime rates in clause 21.3.

12.11 Offers and requests for casual conversion

[12.10 renumbered as 12.11 by PR723959 ppc 20Nov20; renamed and substituted by PR733859 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 31—Dispute resolution.

13. Classifications—other than liquor employees

13.1 Introductory level

(a) Introductory level employee means an employee who enters the industry and who has not demonstrated the competency requirements of a Grade 1 racecourse attendant.

(b) An employee at this level will undergo training for up to 3 months before progressing to grade 1.

(c) Progression to grade 1 may be delayed for a further period of up to 3 months where it is agreed that further training is required.

13.2 Grade 1 racecourse attendant

Grade 1 racecourse attendant includes the following classifications:

· cloakroom attendant (not handling cash);

· door attendant;

· gate person;

· general attendant;

· parking attendant (not handling cash);

· cleaning and utility person;

· catching pen attendant;

· kennel attendant;

· numbers room attendant;

· parade official;

· ticket examiner;

· ticket taker;

· turnstile attendant (not handling cash);

· usher.

13.3 Grade 2 racecourse attendant

Grade 2 racecourse attendant includes the following classifications:

· assistant judge (greyhound fixtures);

· jockey room attendant;

· parking attendant (handling cash);

· bookmakers’ price clerk;

· cloak room attendant (handling cash);

· programme seller;

· raceday office assistant;

· scratching board attendant;

· teleprint semaphore board operator;

· ticket/token seller, timekeeper (greyhound fixtures);

· turnstile attendant (handling cash);

· EFTPOS operator;

· general administration;

· general sales person;

· tour guide.

13.4 Grade 3 racecourse attendant

Grade 3 racecourse attendant includes the following classifications:

· assistant starter;

· banker;

· barrier attendant;

· crowd controller;

· lure driver;

· kennel supervisor;

· raceday office assistant handling acceptances or wages;

· early gates;

· raceday veterinary assistant;

· starter (greyhounds);

· swab attendant;

· ticket seller operating a computer terminal with advance bookings facilities; and

· supervisor of one to 9 employees.

13.5 Grade 4 racecourse attendant

Grade 4 racecourse attendant includes the following classifications:

· farrier;

· starter;

· mobile barrier driver;

· stewards patrol video camera operator; and

· supervisor of 10 or more employees.

13.6 Grade 1 raceday official

Grade 1 raceday official includes the following classifications:

· ground announcer; and

· bird cage attendant.

13.7 Grade 2 raceday official

Grade 2 raceday official includes the following classifications:

· racecourse inspector;

· betting supervisor;

· assistant clerk of scales;

· identification official,

· assistant clerk of the course; and

· timekeeper.

13.8 Grade 3 raceday official

Grade 3 raceday official includes the following classifications:

· chief course inspector;

· clerk of scales;

· chief betting supervisor;

· clerk of the course; and

· assistant judge.

13.9 Grade 4 raceday official

Grade 4 raceday official includes the following classifications:

· raceday judge; and

· raceday racecaller.

14. Classifications—liquor employees

[Varied by PR767881]

[14.1 varied by PR767881 ppc 31Dec23]

14.1 Liquor employees include the following classifications:

· bar attendant;

· cashier;

· adult picking up glasses; and

· employees under 19 years of age picking up glasses.

14.2 Liquor employees are engaged on a casual basis as set out in clause 12—Casual employment—liquor employees.

Part 3—Hours of Work

15. Ordinary hours of work

15.1 Except as provided elsewhere in this award the ordinary working hours are:

(a) 38 hours per week; or

(b) an average of 38 hours per week over a 4 week period.

15.2 Once fixed, the starting and finishing times of employees other than casuals must not be altered except by agreement or by the employer on 14 days’ notice.

15.3 The provisions in clause 15.2 are subject to the requirements in clause 29—Consultation about major workplace change.

15.4 All employees must be engaged for a minimum of 4 hours.

15.5 Where a casual employee is required by their employer to attend an inquiry conducted under the Rules of Racing on a day other than that of a racing fixture at which they are employed, they must be paid for the time of such attendance at ordinary rates with a minimum of 2 hours pay, plus reasonable expenses.

16. Breaks

16.1 Rest breaks—casual employees

(a) Casual employees engaged for a minimum of 5 hours must be allowed a rest break of 20 minutes without deduction of pay.

(b) Casual employees required to continue working for a further 5 hours must be allowed a further rest break of 20 minutes without deduction of pay.

(c) Both of the above rest breaks must be taken at a time convenient to the employer but not at the beginning or the end of the period of duty.

16.2 Meal breaks—other than casual employees

(a) An employee other than a casual employee must be allowed an unpaid meal break of not less than 30 minutes, not later than 5 hours after commencing work.

(b) An employee other than a casual employee required to work through their normal meal break must be paid at the rate of 150% of the minimum hourly rate until they receive a meal break of not less than 30 minutes.

16.3 Tea breaks—other than casual employees

(a) An employee other than a casual employee must be allowed a tea break of 10 minutes’ duration without deduction of pay during the morning and afternoon periods of each working day at a time to be arranged by the employer.

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

Part 4—Wages and Allowances

17. Minimum rates

[Varied by PR718830, PR726419; corrected by PR725978; varied by PR730832, PR729267, PR731022, PR740688, PR762121, PR767881]

17.1 Adult employee rates

[17.1 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee classification	Minimum weekly rate (full-time employee)	Minimum hourly rate
	$	$
Introductory level employee	859.30	22.61
Grade 1 racecourse attendant	882.80	23.23
Grade 2 racecourse attendant	914.90	24.08
Grade 3 racecourse attendant	945.00	24.87
Grade 4 racecourse attendant	995.00	26.18
Grade 1 raceday official	995.00	26.18
Grade 2 raceday official	1026.20	27.01
Grade 3 raceday official	1057.30	27.82
Grade 4 raceday official	1085.60	28.57

17.2 Junior employee rates

[17.2 varied by PR767881 ppc 31Dec23]

Junior employees in the classifications in clause 13—Classifications—other than liquor employees must be paid a percentage of the Introductory level employee rate determined according to this table:

Age	% of Introductory level employee rate
Under 19 years	75
19 years and over	100

NOTE: See Schedule A—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.

17.3 Higher duties

(a) An employee required by the employer to perform work in a position for which a higher rate is fixed for more than 4 hours on any day, must be paid the rate applicable to that higher level for all work done on that day.

(b) An employee required by the employer to perform work in a position for which a higher rate is fixed for up to 4 hours, must be paid the higher rate for the actual time worked at that higher level.

17.4 Supported wage system for employees with a disability

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule C—Supported Wage System.

17.5 National training wage

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[17.5(b) varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Racing Clubs Events Award 2020 and not the Miscellaneous Award 2020.

[Note deleted by PR726419; inserted by PR730832; deleted by PR731022 ppc 01Nov21]

18. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

18.1 Wages must be paid either by cash, cheque or electronic funds transfer into the bank or financial institution account nominated by the employee.

18.2 Payment on termination of employment

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

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

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

(b) The requirement to pay wages and other amounts under clause 18.2(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

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

NOTE 2: Clause 18.2(b) allows the Commission to make an order delaying the requirement to make a payment under clause 18.2. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

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

19. Allowances

[Varied by PR723959, PR718985; corrected by PR725978; varied by PR729267, PR729452, PR740688, PR740860, PR762121, PR762285]

19.1 Employers must pay to an employee the allowances the employee is entitled to under clause 19.

NOTE: See Schedule B—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

19.2 Wage-related allowances

(a) Tractor plant

[19.2(a) varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

An employee in charge of a tractor plant (as defined in clause 2—Definitions) must receive an additional payment of $29.85 per week or $0.79 per hour as the case may be.

(b) First aid attendant

[19.2(b) varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

An employee will be paid an allowance of $19.90 per week or $0.52 per hour if they:

(i) hold a first aid qualification from the St John Ambulance or a similar body; and

(ii) are appointed by the employer to perform first aid duty.

19.3 Expense-related allowances

(a) Footwear for wet work

An employee required to work in the rain or in wet conditions underfoot at a race meeting must be paid an allowance of $6.00 per meeting to a maximum of $12.00 per week for the purpose of purchasing suitable footwear for such duties. Clause 19.3(a) does not apply where waterproof footwear is supplied by the employer.

(b) Protective clothing and equipment

Where an employee is required to wear protective clothing (e.g. oilskins, gumboots, overalls, goggles, safety boots, etc.), the employer must reimburse the employee on proof of purchase for the cost of purchasing such special clothing and equipment. The employee is responsible for maintaining these items in a serviceable condition. The provisions of clause 19.3(b) do not apply where the clothing and equipment is paid for by the employer.

The employer must reimburse an employee up to a maximum of $819.38 per single claim if an employee’s clothing is destroyed by fire in an employer’s changing house or other shelter, provided that the destruction is not caused in any way by the employee’s own wilful act or neglect.

(d) Accommodation

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

(e) Meal allowance

[19.3(e) varied by PR718985, PR729452, PR740860, PR762285 ppc 01Jul23]

An employee who is required to work overtime for one and a half hours or more immediately after the completion of their ordinary hours of work on an ordinary working day or immediately after the completion of 8 hours of work on a Saturday, Sunday or public holiday, must be paid a meal allowance of $13.37 unless the employer provides a meal.

(f) Horse and saddlery

(i) Where an employer requires a clerk of the course or an assistant clerk of the course to supply their own horses and saddlery, the employer must pay the employee for an additional 2 hours at the minimum hourly rate per engagement.

(ii) Where an employer requires a clerk of the course or an assistant clerk of the course to provide their own riding apparel, the employer must either reimburse the employee for the cost of providing and maintaining the riding apparel or pay the employee for an additional hour at the appropriate minimum hourly rate per engagement.

20. Superannuation

[Varied by PR771266]

20.1 Superannuation legislation

[20.1 substituted by PR771266 ppc 09Apr24]

(a) The NES and 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), deal with the superannuation rights and obligations of employers and employees.

(b) The rights and obligations in clause 20 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

20.2 Employer contributions

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

20.3 Voluntary employee contributions

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

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

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

20.4 Superannuation fund

[20.4 varied by PR771266 ppc 09Apr24]

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

(a) AustralianSuper;

(b) HOSTPLUS;

(c) SunSuper;

(d) AMP Superannuation Savings Trust;

(e) CareSuper;

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

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

Part 5—Overtime and Penalty Rates

21. Overtime

[Varied by PR723959, PR763207]

21.1 All time worked in excess of 38 hours a week or in excess of 8 hours per day will be overtime.

21.2 Overtime rates—full-time and part-time employees

[21.2 renamed and substituted by PR723959 ppc 20Nov20]

Overtime is payable at the rate of 150% of the minimum hourly rate for the first 2 hours and 200% of the minimum hourly rate after the first 2 hours.

21.3 Overtime rates—casual employees

[New 21.3 inserted by PR723959 ppc 20Nov20]

Overtime is payable at the rate of 175% of the minimum hourly rate for the first 2 hours and 225% of the minimum hourly rate after the first 2 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.2(a) to the overtime rates for full-time and part-time employees prescribed by clause 21.2.

[21.3 renumbered as 21.4 by PR723959 ppc 20Nov20; 21.4 substituted by PR723959 ppc 20Nov20]

21.4 Except as provided in clause 21.5, in computing overtime for all employees, each day’s work will stand alone.

21.5 Rest period after overtime

[21.4 renumbered as 21.5 by PR723959 ppc 20Nov20]

When overtime work is necessary it will be arranged so that employees have at least 10 consecutive hours off duty between the work of successive days.

(a) Where an employee (other than a casual employee) works so much overtime that there is less than 10 hours between finishing work on one day and starting work on the next day, the employee must be released, subject to clause 21.5(b) until they have had at least 10 consecutive hours off without loss of pay for ordinary working time occurring during such absence.

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

21.6 Transport after overtime work

[21.5 renumbered as 21.6 by PR723959 ppc 20Nov20]

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

21.7 Time off instead of payment for overtime

[21.6 renumbered as 21.7 by PR723959 ppc 20Nov20]

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

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 21.7.

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

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

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

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

(iv) that any payment mentioned in clause 21.7(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 21.7 is set out at Schedule D—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule D—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 21.7 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

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

EXAMPLE: By making an agreement under clause 21.7 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

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

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

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 21.7 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 21.7(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 21.7 as an employee record.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 21.7 will apply, including the requirement for separate written agreements under clause 21.7(b)for overtime that has been worked.

[Note varied by PR763207 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 21.7 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.7.

22. Penalty rates

[Varied by PR747338]

22.1 Penalty rates for casual employees are dealt with in clauses 11—Casual employees—other than liquor employees and 12—Casual employment—liquor employees.

22.2 Full-time and part-time employees are entitled to the following penalty rates:

(a) for all time worked between midnight Saturday and midnight Sunday—200% of the relevant minimum hourly rate;

(b) for all time worked on a public holiday—250% of the relevant minimum hourly rate with a minimum of 4 hours’ pay; or

(c) by agreement, an employee who works on a public holiday will be paid 150% of the minimum hourly rate, and either:

(i) receive the equivalent paid time, added to the employee’s annual leave, provided that the holiday is taken within 28 days of the public holiday; or

[22.2(c)(ii) varied by PR747338 ppc 14Nov22]

(ii) receive one day off instead of the public holiday during the week in which the public holiday falls or for a part-day public holiday, time off on a pro rata basis for the number of ordinary hours on the part-day public holiday.

[22.3 inserted by PR747338 ppc 14Nov22]

22.3 Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 22.2(b).

Part 6—Leave and Public Holidays

23. Annual leave

[Varied by PR751039]

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

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

(a) instead of the base rate of pay referred to in section 90(1) of the Act, the amount the employee would have earned for working their normal hours, exclusive of overtime, had they not been on leave; and

(b) an additional loading of 17.5% of the relevant minimum wage in clause 17—Minimum rates.

23.3 Electronic funds transfer (EFT) payment of annual leave

Despite anything else in clause 23, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

23.4 Annual leave in advance

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

(b) An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 23.4 is set out at Schedule E—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule E—Agreement to Take Annual Leave in Advance.

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

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 23.4, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

23.5 Direction to take annual leave during shutdown

[23.5 renamed and substituted by PR751039 ppc 01May23]

(a) Clause 23.5 applies if an employer:

(i) intends to shut down all or part of its operation for a particular period for the purpose, amongst others, of allowing annual leave to the employees concerned or a majority of them (temporary shutdown period); and

(ii) wishes to require affected employees to take paid annual leave during that period.

(b) The employer must give the affected employees one month’s written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 23.5(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

(d) The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e) A direction by the employer under clause 23.5(d):

(i) must be in writing; and

(ii) must be reasonable.

(f) The employee must take paid annual leave in accordance with a direction under clause 23.5(d).

(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 23.5(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 23.4.

(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 23.4, to which an entitlement has not been accrued, is to be taken into account.

(j) Clauses 23.6 to 23.8 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 23.5.

23.6 Excessive leave accruals: general provision

NOTE: Clauses 23.6 to 23.8 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

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

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

(c) Clause 23.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 23.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

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

(a) If an employer has genuinely tried to reach agreement with an employee under clause 23.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 23.7(a):

(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 23.6, 23.7 or 23.8 or otherwise agreed by the employer and employee) are taken into account; and

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

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

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

(c) The employee must take paid annual leave in accordance with a direction under clause 23.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 23.7(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 23.7(d) may result in the direction ceasing to have effect. See clause 23.7(b)(i).

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

23.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 23.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 23.8(a) if:

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

(ii) the employee has not been given a direction under clause 23.7(a) that, when any other paid annual leave arrangements (whether made under clause 23.6, 23.7 or 23.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 23.8(a) must not:

(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 23.6, 23.7 or 23.8 or otherwise agreed by the employer and employee) are taken into account; or

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

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

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

(d) An employee is not entitled to request by a notice under clause 23.8(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 23.8(a).

23.9 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 23.9.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 23.9.

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

(d) An agreement under clause 23.9 must state:

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

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

(e) An agreement under clause 23.9 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

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

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

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

(i) The employer must keep a copy of any agreement under clause 23.9 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 23.9.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 23.9.

NOTE 3: An example of the type of agreement required by clause 23.9 is set out at Schedule F—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Cash Out Annual Leave.

24. Personal/carer’s leave and compassionate leave

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

25. Parental leave and related entitlements

[25 varied by PR763207 ppc 01Aug23]

Parental leave and related entitlements are provided for in the NES.

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 31—Dispute resolution and/or under section 76B of the Act.

26. Community service leave

Community service leave is provided for in the NES.

27. Family and domestic violence leave

[27—Unpaid family and domestic violence leave renamed and substituted by PR750529 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

28. Public holidays

[Varied by PR747338]

28.1 Public holiday entitlements are provided for in the NES.

28.2 Substitution of public holidays by agreement

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

28.3 An employee who works on a public holiday will be paid in accordance with clauses 11.6, 12—Casual employment—liquor employees or 22.2.

[28.4 deleted by PR747338 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution

29. Consultation about major workplace change

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

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

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

(i) the introduction of the changes; and

(ii) their likely effect on employees; and

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

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

29.2 For the purposes of the discussion under clause 29.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

29.3 Clause 29.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

29.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 29.1(b).

29.5 In clause 29 significant effects, on employees, includes any of the following:

(a) termination of employment; or

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

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

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

(e) alteration of hours of work; or

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

(g) job restructuring.

29.6 Where this award makes provision for alteration of any of the matters defined at clause 29.5, such alteration is taken not to have significant effect.

30. Consultation about changes to rosters or hours of work

30.1 Clause 30 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

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

30.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 30.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

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

30.4 The employer must consider any views given under clause 30.3(b).

30.5 Clause 30 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

31. Dispute resolution

[Varied by PR763207]

31.1 Clause 31 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

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

31.3 If the dispute is not resolved through discussion as mentioned in clause 31.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

31.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 31.2 and 31.3, a party to the dispute may refer it to the Fair Work Commission.

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

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

31.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 31.

31.8 While procedures are being followed under clause 31 in relation to a dispute:

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

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

31.9 Clause 31.8 is subject to any applicable work health and safety legislation.

[Note 1 inserted by PR763207 ppc 01Aug23]

NOTE 1: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763207 ppc 01Aug23]

NOTE 2: In addition to clause 31, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

Part 8—Termination of Employment and Redundancy

32. Termination of employment

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

32.1 Notice of termination by an employee

(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

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

Table 1—Period of notice

Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given	Column 2 Period of notice
Not more than 1 year	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

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

(c) In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).

(f) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.

32.2 Job search entitlement

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

(b) The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.

33. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

33.1 Transfer to lower paid duties on redundancy

(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 33.1(c).

(c) If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

33.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 33 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

33.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 33.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 33.3(b).

(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 32.2.

(f)

Schedule A—Summary of Hourly Rates of Pay

[Varied by PR723959, PR718830; corrected by PR725978; varied by PR729267, PR740688, PR743411, PR762121, PR767881]

A.1 Full-time and part-time adult employees

A.1.1 Full-time and part-time employees—ordinary and penalty rates

[A.1.1 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

	Ordinary hours	Sunday	Public holiday
	% of minimum hourly rate
	100%	200%	250%
	$	$	$
Introductory level employee	22.61	45.22	56.53
Grade 1 racecourse attendant	23.23	46.46	58.08
Grade 2 racecourse attendant	24.08	48.16	60.20
Grade 3 racecourse attendant	24.87	49.74	62.18
Grade 4 racecourse attendant	26.18	52.36	65.45
Grade 1 raceday official	26.18	52.36	65.45
Grade 2 raceday official	27.01	54.02	67.53
Grade 3 raceday official	27.82	55.64	69.55
Grade 4 raceday official	28.57	57.14	71.43

A.1.2 Full-time and part-time employees—overtime rates

[A.1.2 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

	Monday to Saturday – first 2 hours	Monday to Saturday – after 2 hours	Sunday	Public holiday
	% of minimum hourly rate
	150%	200%	200%	250%
	$	$	$	$
Introductory level employee	33.92	45.22	45.22	56.53
Grade 1 racecourse attendant	34.85	46.46	46.46	58.08
Grade 2 racecourse attendant	36.12	48.16	48.16	60.20
Grade 3 racecourse attendant	37.31	49.74	49.74	62.18
Grade 4 racecourse attendant	39.27	52.36	52.36	65.45
Grade 1 raceday official	39.27	52.36	52.36	65.45
Grade 2 raceday official	40.52	54.02	54.02	67.53
Grade 3 raceday official	41.73	55.64	55.64	69.55
Grade 4 raceday official	42.86	57.14	57.14	71.43

A.2 Casual adult employees

A.2.1 Casual employees other than liquor employees—ordinary and penalty rates

[A.2.1 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

	Ordinary hours	Sunday	Public holiday	Night cleaning duties¹
	% of minimum hourly rate
	125%	200%	250%	155%
	$	$	$	$
Introductory level employee	28.26	45.22	56.53	35.05
Grade 1 racecourse attendant	29.04	46.46	58.08	36.01
Grade 2 racecourse attendant	30.10	48.16	60.20	37.32
Grade 3 racecourse attendant	31.09	49.74	62.18	38.55
Grade 4 racecourse attendant	32.73	52.36	65.45	40.58
Grade 1 raceday official	32.73	52.36	65.45	40.58
Grade 2 raceday official	33.76	54.02	67.53	41.87
Grade 3 raceday official	34.78	55.64	69.55	43.12
Grade 4 raceday official	35.71	57.14	71.43	44.28

¹ Night cleaning duties means cleaning duties between the hours of 11.00 pm and 7.00 am (see clause 11.7).

A.2.2 Casual employees other than liquor employees—overtime¹

[A.2.2 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

	Monday to Saturday		Sunday
	First 2 hours	After 2 hours	First 2 hours	After 2 hours
	% of minimum hourly rate
	175%	225%	200%	225%
	$	$	$	$
Introductory level employee	39.57	50.87	45.22	50.87
Grade 1 racecourse attendant	40.65	52.27	46.46	52.27
Grade 2 racecourse attendant	42.14	54.18	48.16	54.18
Grade 3 racecourse attendant	43.52	55.96	49.74	55.96
Grade 4 racecourse attendant	45.82	58.91	52.36	58.91
Grade 1 raceday official	45.82	58.91	52.36	58.91
Grade 2 raceday official	47.27	60.77	54.02	60.77
Grade 3 raceday official	48.69	62.60	55.64	62.60
Grade 4 raceday official	50.00	64.28	57.14	64.28

¹ Overtime payable for work in excess of 38 hours a week or in excess of 8 hours per day (see clause 21—Overtime).

A.2.3 Casual liquor employees—ordinary and penalty rates

[A.2.3 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

	Ordinary hours	Sunday	Public holiday
	Casual rates according to clause 12.4
	$	$	$
Bar attendants, cashiers, adults picking up glasses	32.44	43.90	54.92

A.2.4 Method of adjustment

[A.2.4(a) varied by PR743411 ppc 11Jul22]

Where a general review of minimum rates results in an adjustment of a flat weekly amount:

(a) adult hourly rates in clause A.2.3 will be adjusted by dividing the dollar amount of the increase by 38 and adding the following loadings:

(i) Monday to Saturday—50%;

(ii) Sunday—100%;

(iii) public holiday—150%.

[A.2.4(b) varied by PR767881 ppc 31Dec23]

(b) The rates for employees under 19 years of age picking up glasses will be 80% of the minimum hourly rates set out in clause 12.4 with a minimum payment of 4 hours.

Schedule B—Summary of Monetary Allowances

[Varied by PR723959, PR718830, PR718985; corrected by PR725978; varied by PR729267, PR729452, PR740688, PR740860, PR750762, PR762121, PR762285]

B.1 Wage-related allowances:

B.1.1 Weekly wage-related allowances

[B.1.1 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Grade 4 racecourse attendant in clause 17.1 = $995.00.

Allowance	Clause	% of standard rate	$	Payable
Supervising of bar attendants and/or cashiers	12.6	2.4	23.88	per week
Employee in charge of tractor plant—per week	19.2(a)	3.0	29.85	per week
Employee in charge of tractor plant—per hour	19.2(a)	Weekly allowance / 38	0.79	per hour
First aid attendant allowance—per week	19.2(b)	2.0	19.90	per week
First aid attendant allowance—per hour	19.2(b)	Weekly allowance / 38	0.52	per hour

B.1.2 Hourly wage-related allowances

[B.1.2 varied by PR718830; corrected by PR725978; varied by PR729267, PR740688, PR762121 ppc 01Jul23]

The hourly wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Grade 4 racecourse attendant in clause 17.1 divided by 38 = $26.18.

Allowance	Clause	% of standard rate	$	Payable
Engagements finishing after 10.00 pm	12.8	20.0	5.24	per engagement

B.1.3 Automatic adjustment of wage-related allowances

[B.1.3 renamed and substituted by PR750762 ppc 15Mar23]

The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.

B.2 Expense-related allowances

[B.2.1 varied by PR718985, PR729452, PR740860, PR762285 ppc 01Jul23]

B.2.1 The following expense-related allowances will be payable to employees in accordance with clause 19—Allowances.

Allowance	Clause	$	Payable
Footwear for wet work—per meeting	19.3(a)	6.00	per meeting
Footwear for wet work—up to maximum per week	19.3(a)	12.00	per week
Loss of clothing reimbursement (maximum)	19.3(c)	819.38	per single claim
Meal allowance—one and a half hours or more overtime	19.3(e)	13.37	per occasion

B.2.2 Adjustment of expense-related allowances

(a) At the time of any adjustment to the standard rate, each expense-related allowance in clause B.2.1 must be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

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

Allowance	Applicable Consumer Price Index figure
Meal allowance	Take-away and fast foods sub-group
Footwear allowance	Clothing and footwear group
Loss of clothing reimbursement	Clothing and footwear group

Schedule C—Supported Wage System

[Varied by PR729672, PR742256, PR762969]

C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

C.2 In this schedule:

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

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

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

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

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

SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.

C.3 Eligibility criteria

C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

C.4 Supported wage rates

C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause C.5 ) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

[C.4.2 varied by PR729672, PR742256, PR762969 ppc 01Jul23]

C.4.2 Provided that the minimum amount payable must be not less than $102 per week.

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

C.5 Assessment of capacity

C.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.

C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.

C.6 Lodgement of SWS wage assessment agreement

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

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

C.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.

C.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

C.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

C.10 Trial period

C.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[C.10.3 varied by PR729672, PR742256, PR762969 ppc 01Jul23]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.

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

C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause C.5.

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

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Amount of overtime worked: _______ hours and ______ minutes

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule E—Agreement to Take Annual Leave in Advance

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

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

I agree that:

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

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

Schedule F—Agreement to Cash Out Annual Leave

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

[Schedule G—Part day Public Holidays deleted by PR747338 ppc 14Nov22]

[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR728080, PR736911; deleted by PR746868 ppc 17Oct22]

Details

Title: Racing Clubs Events Award 2020
Code: MA000013

Effective:

Updated:

Instrument Type: Modern Award

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MA000013

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Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.

Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

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MA000013

Racing Clubs Events Award 2020

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