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This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771361).
Clause(s) affected by the most recent variation(s):
28—Superannuation
Table of Contents
[Varied by PR746868, PR750548]
15. Ordinary hours of work and rostering—other than shiftworkers.............................. 19
Part 5— Milling, Distillery, Refinery and Maintenance—Wages and Allowances................. 28
Schedule B —Classification Definitions—Milling, Distillery, Refinery and Maintenance...... 93
Schedule K —Agreement for Time Off Instead of Payment for Overtime........................... 174
Part 1—Application and Operation of this Award
1.1 This award is the Sugar Industry Award 2020.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733939]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
adult apprentice means a person over 21 years of age at the time of entering into a training contract as provided for in clause 12—Apprentices.
apprentice includes an adult apprentice.
bulk terminal operations is defined at clause 4.2(e). The terms and conditions of bulk terminal operations employees are found at Part 6 of this Award.
by-product means any product manufactured or processed in the sugar industry apart from sugar crystal (this may include, for example, ethanol, molasses, furfural and compost).
[Definition of casual employee inserted by PR733939 from 27Sep21]
casual employee has the meaning given by section 15A of the Act.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
distillery sector is defined at clause 4.2(d). The terms and conditions of distillery sector employees are found at Part 5 of this Award.
employee means national system employee within the meaning of the Act.
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).
field sector is defined at clause 4.2(a). The terms and conditions of field sector employees are found at Part 4 of this Award.
milling sector is defined at clause 4.2(b). The terms and conditions of milling sector employees are found at Part 5 of this Award.
minimum hourly rate means the award minimum weekly rate divided by 38.
minor construction means construction work carried out at the business of an employer under this award on the operations of that employer, by that employer’s employees but does not include any construction work carried out by a contractor.
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.
nominal crushing season means the period of 26 weeks commencing on the first Monday of June each year.
nominal slack season means that period that is not the nominal crushing season.
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.
refinery sector is defined at clause 4.2(c). The terms and conditions of refinery sector employees are found at Part 5 of this Award.
[Definition of regular casual employee inserted by PR733939 from 27Sep21]
regular casual employee has the meaning given by section 12 of the Act.
seasonal employee means an employee specifically engaged as or deemed to be a seasonal employee in accordance with clause 11—Seasonal employees.
standard rate means the minimum hourly rate prescribed for C10/L6 classification in clause 19.1.
sugar industry has the meaning given in clause 4.2.
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.
[Varied by PR764072]
4.2 In this award sugar industry means the following:
[4.2(a) varied by PR764072 from 11Jul23]
(a) field sector: all sugar cane farming operations including the operations of contractors performing general farm work, cane harvesting and haul out work and farm management; cane testing; and pest, disease control, advisory and research operations of Cane Protection and Productivity Boards and Sugar Research Australia Limited;
(f) the generation and/or transmission of power and/or steam that is ancillary or incidental to the employer’s activities in clauses 4.2(b) to 4.2(d) (albeit that excess power may be sold into the grid).
4.3 Where a sugar industry employer is also engaged in another industry not covered by this award the employees of that employer in the other industry will be covered by the industry award of that other industry.
4.4 This award covers any employer which supplies labour on an on-hire basis in the sugar industry 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 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the sugar industry and/or parts of that industry and those apprentices and/or 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 4.5 operates subject to the exclusions from coverage in this award.
(b) an employer to whom another modern industry or occupation award applies in respect of an employee to whom that other award applies, or to such an employee; or
(c) employees excluded from award coverage by the Act;
(d) 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
(e) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.7 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
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
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 PR763292 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 39—Dispute resolution and/or under section 65B of the Act.
[Varied by PR733939]
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 varied by PR733939 from 27Sep21]
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
15.2(d)(iv) and 15.3(e)(iv) |
Rostered days off—substitution of days |
An individual |
|
15.2(d)(v) and 15.3(e)(v) |
Rostered days off—banking of days |
An individual |
|
15.3(a) |
Averaging of weekly ordinary hours – exceeds 28 days |
The majority of employees |
|
15.3(c) |
Altering spread of hours |
An individual or the majority of employees |
|
16.1(d) |
Rest breaks |
The majority of employees |
|
16.4(d) |
Rest breaks |
The majority of employees |
|
23.1(c) |
Payment of wages—frequency |
The majority of employees |
|
29.6 |
Time off instead of payment for overtime |
An individual |
|
29.7 |
Make-up time |
An individual |
|
30.1(b) |
Averaging of weekly ordinary hours—shiftworkers—exceeds 28 days |
The majority of employees |
|
30.9(a) |
Nominal crushing season—shiftwork—hours of work |
The majority of employees |
|
30.10(a) |
Nominal slack season—shiftwork—reducing length of shift |
The majority of employees |
|
30.10(d) |
Rostered day off |
The majority of employees |
|
30.10(f) |
Nominal slack season—shiftwork—Rostered days off—banking of days |
The majority of employees |
|
31.4 |
Annual leave in advance |
An individual |
|
31.10 |
Cashing out of annual leave |
An individual |
Part 2—Types of Employment and Classifications
8.1 An employee:
(a) whose average weekly ordinary hours of employment are 38 hours; and
(b) who is not specifically engaged as a seasonal, part-time or casual employee,
is for all purposes of this award a full-time employee, unless otherwise specified in this award.
9.1 A part-time employee is an employee engaged to work on a part-time basis involving a regular pattern of hours which average less than 38 ordinary hours per week.
9.2 Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time employees.
9.3 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the numbers of hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.
9.4 Changes in hours may only be made by agreement in writing between the employer and employee. Changes in days can be made by the employer giving one week’s notice in advance of the changed hours.
9.5 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift except:
(b) for refinery employees where the minimum engagement will be 8 hours per week.
9.6 All time worked outside the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.
9.7 A part-time employee employed under the provisions of clause 9 must be paid for ordinary hours worked at the minimum hourly rate for the class of work performed.
9.8 Where the part-time employee’s normal paid hours fall on a public holiday prescribed in the NES and work is not performed by the employee, such employee must not lose pay for the day. Where the part-time employee works on the public holiday, the part-time employee must be paid at the rate of 250% of the minimum hourly rate.
[Varied by PR723979, PR733939]
[10.1 deleted by PR733939 from 27Sep21]
[10.2 renumbered as 10.1 by PR733939 from 27Sep21]
10.1 Casual employees must be paid at the termination of each engagement, or weekly or fortnightly in accordance with usual payment methods for full-time employees.
[10.3 renumbered as 10.2 by PR733939 from 27Sep21]
10.2 Casual employees are entitled to a minimum payment of 3 hours’ work at the appropriate rate each time they are required to attend for work.
10.3 Casual loading
[10.4 renumbered as 10.3 by PR733939 from 27Sep21]
[10.3(a) substituted by PR723979 ppc 20Nov20]
(a) For each ordinary hour worked a casual employee must be paid:
(i) the minimum hourly rate for the class of work performed; and
(ii) a loading of 25% of the minimum hourly rate.
(b) The casual loading is paid instead of entitlements to paid leave and other matters from which casuals are excluded by the terms of this award and the NES.
(c) The casual loading does not constitute part of the casual employee’s all-purpose rate.
10.4 Payment for working overtime
[New 10.5 inserted by PR723979 ppc 20Nov20; 10.5 renumbered as 10.4 by PR733939 from 27Sep21]
When a casual employee works overtime, they must be paid the overtime rates in clauses 29—Overtime and penalty rates—other than shiftworkers and 30—Shiftwork.
10.5 Offers and requests for casual conversion
[10.5 renumbered as 10.6 by PR723979; 10.6 renumbered as 10.5 and renamed and substituted by PR733939 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 39—Dispute resolution.
[10.6 renumbered as 10.7 by PR723979; deleted by PR733939 from 27Sep21]
11.1 A seasonal employee is an employee engaged by the employer on a full time or part time basis, on or about the commencement of the crushing season, for the purpose of performing duties directly and indirectly related to crushing season operations and whose duties are completed and employment terminated on or about the end of the mill’s crushing season.
11.2 For the purpose of a 38 hour week only, all employees not specifically engaged as seasonal who are engaged after the first Monday of June in any one year and before the first Monday in June in the subsequent year, will be deemed to be seasonal until the first Monday of June in that subsequent year.
12.1 Apprentices may be engaged in trades or occupations that are provided for in:
(a) Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance; and
(b) Schedule C—Classification Definitions—Bulk Terminal Operations,
(c) where declared or recognised by an apprenticeship authority.
12.2 For the purposes of clause 12, apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.
12.3 In any State or Territory in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State or Territory provided that the provisions of the statute or regulation are not inconsistent with this award, in which case the provisions of this award will apply.
12.4 An apprentice may be engaged under a training contract approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training contract is consistent with that established for the vocation in the relevant training package determined from time to time by Manufacturing Skills Australia or its successors and endorsed by the Council of Australian Governments (COAG) Industry and Skills Council or it successor. Such apprenticeships include but are not limited to the following trades:
(a) Engineering Tradesperson (Mechanical);
(b) Engineering Tradesperson (Fabrication);
(c) Engineering Tradesperson (Electrical/Electronic);
(d) Higher Engineering Tradesperson and Advanced Engineering Tradesperson.
12.6 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training contract and the requirements of State or Territory legislation and the apprenticeship authority.
12.7 The probationary period of an apprentice is as set out in the training contract consistent with the requirement of the apprenticeship authority and with State or Territory legislation but must not exceed 3 months.
(a) Apprentice conditions
(i) Except as provided in clause 12 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.
(ii) An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
(iii) Time spent by an apprentice, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 12.8 operates subject to the provisions of Schedule F—School-based Apprentices.
(iv) The notice of termination provisions of the NES apply to apprentices. Subject to clause 42.5(c) the redundancy provisions of the NES do not apply to apprentices.
(b) Payment of fees and textbooks
(ii) Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in clause 12.8(b)(i).
(c) Travel payment for block release training
(i) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from the training. Provided that clause 12.8(c) will not apply where the apprentice could attend an alternate Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
(ii) For the purposes of clause 12.8(c) excess reasonable travel costs includes the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 12.8(c) excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(iii) The amount payable by an employer under clause 12.8(c) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
12.9 The ordinary hours of employment of apprentices in each enterprise are not to exceed those of the relevant tradesperson.
12.10 The minimum rates applying to apprenticeships are dealt with in clauses 19.6, 19.7, 21.2 and 21.3. No apprentice is to work under a system of payment by results.
12.11 Competency based completion
(a) Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience.
(b) The nominal period of the apprenticeship is 4 years, however this period may be varied:
(i) to make up ‘time’ pursuant to clause 12.13; and/or
(ii) with the approval of the relevant State or Territory apprenticeship authority, to recognise prior learning including vocational education and training in school, pre-apprenticeship programs and other prior learning, the nominal period may be shortened to reflect the proportion of the competencies already acquired.
(c) Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when:
(i) the qualification specified in the training agreement is successfully completed; and
(ii) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training agreement, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination; and
(iii) the requirements of the relevant State/Territory apprenticeship authority and any requirements of Manufacturing Skills Australia with respect to demonstration of competency and any minimum necessary work experience requirements are met; and
(iv) with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.
12.14 Any person engaged as an apprentice as at 1 January 2010 is deemed to be an apprentice for all purposes of this award until the completion or cancellation of their apprenticeship.
13.1 The terms of this award apply to trainees covered by the National Training Wage provisions in Schedule H—National Training Wage, trainees in the technical field, trainee engineers, trainee scientists and trainees under the Certificate in Sugar Milling, except where otherwise stated in this award.
13.2 A trainee in the technical field must be allowed reasonable time (not exceeding an average of 8 hours per week during a school term) for the purpose of attending classes in connection with the appropriate certificate course on the same basis as apprentices in the establishment are allowed time off for day time schooling. For this purpose, years of experience as a trainee is equivalent to years of apprenticeship.
13.3 The course of study each year for a trainee engineer or trainee scientist must be agreed between the employer and trainee so that the maximum attendance at the approved educational institution does not exceed 3 nights per week of 2 hours’ lecture or 3 hours’ practical work. All other time necessary for attendance at the approved educational institution to permit compliance with the prescribed syllabus must be allowed time off during the day without loss of pay. In the event of disagreement between the employer and the trainee regarding the course of study for any year, the recommendation of the educational institution must be accepted.
13.4 A trainee engineer or trainee scientist is not obliged to work overtime when it interferes with studies and no trainee engineer or trainee scientist is to be employed on shiftwork except at their own request during academic vacations.
13.5 A trainee engineer or trainee scientist is to be allowed reasonable leave of absence without loss of pay for the purpose of sitting for examinations in any subject or subjects being studied for the year.
14.1 Classifications for employees covered by this award are set out in
(a) Schedule A—Classification Definitions—Field Sector;
(b) Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance; and
(c) Schedule C—Classification Definitions—Bulk Terminal Operations.
14.2 Employers must advise their employees in writing of their classification and of any changes to their classification.
14.3 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.
15. Ordinary hours of work and rostering—other than shiftworkers
[Varied by PR730923]
15.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.
(b) The ordinary hours of work for field sector employees will not exceed 152 hours in any consecutive period of 4 weeks.
(d) Rostered days off
(i) An employee entitled to a rostered day off during their work cycle must either:
· be given 4 weeks’ notice by the employer in advance of the weekday the employee is to take off; or
· arrange the rostered day off by mutual agreement with the employer.
(ii) Rostered days off may be arranged in accordance with annual or seasonal rosters that reflect the operational requirements of the business.
· in case of a break down in machinery; or
· a failure or shortage of electric power; or
· to meet the requirements of the business (including the necessity to work shifts so as to provide continuity of operations); or
· for farm field sector employees, to manage wet weather and/or those circumstances for which the field sector employer is not responsible or over which the field sector employer has no control.
(v) Where working the 38 hour week is agreed to in accordance with clause 15.2, an employee and the employer may agree to a banking system of rostered days off. An employee would therefore work on what would normally have been the employee’s rostered day off and accrue an entitlement to bank a rostered day off to be taken at a mutually convenient time for both the employee and the employer.
(vi) At least 5 days’ notice must be given before taking the banked rostered day(s) off.
(vii) No payments or penalty payments are to be made to employees working under this substitute banked rostered day off. However, the employer will maintain a record of the number of rostered days banked and will apply the average pay system during the weeks when an employee elects to take a banked rostered day off.
(viii) Employees terminated prior to taking any banked rostered day(s) off must receive 20% of their average weekly pay over the previous 6 months multiplied by the number of banked substitute days.
(ix) Employees who work on a rostered day off basis each 20 day cycle are entitled to 12 rostered days off in a 12 month period.
(a) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.
(b) Weekly hours of work—day workers
(i) The ordinary hours of work are to be an average of 38 per week.
(ii) The ordinary hours of work may be worked from 6.00 am to 6.00 pm Monday to Friday.
(iii) Not more than 10 hours exclusive of meal breaks (except if paid for at overtime rates) are to be worked in any one day.
[15.3(c) substituted by PR730923 ppc 01Jul21]
The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer. The spread of hours (6.00 am to 6.00 pm) may be moved up to one hour forward or one hour back by agreement between an employer and:
(i) the majority of employees at the workplace;
(ii) the majority of employees in a discrete section of the workplace; or
(iii) an individual employee.
Different agreements may be reached with the majority of employees in different sections of the workplace or with different individual employees.
Work done outside the hours of 6.00 am to 6.00 pm, other than in accordance with clause 15.3(c), will be paid at overtime rates and will be deemed to be part of the ordinary hours of work for the purposes of clause 15.
(e) Notice of rostered days off
(i) An employee entitled to a rostered day off during their work cycle must either:
· be given 4 weeks’ notice by the employer in advance of the weekday the employee is to take off; or
· arrange the rostered day off by mutual agreement with the employer.
(ii) Rostered days off may be arranged in accordance with annual or seasonal rosters that reflect the operational requirements of the business.
· in case of a break down in machinery;
· a failure or shortage of electric power; or
· to meet the requirements of the business (including the necessity to work shifts so as to provide continuity of operations).
(v) Where working the 38 hour week is agreed to in accordance with clause 15.3, an employee and the employer may agree to a banking system of rostered days off. An employee would therefore work on what would normally have been the employee’s rostered day off and accrue an entitlement to bank a rostered day off to be taken at a mutually convenient time for both the employee and the employer.
(vi) At least 5 days’ notice must be given before taking the banked rostered day(s) off.
(vii) No payments or penalty payments are to be made to employees working under this substitute banked rostered day off. However the employer will maintain a record of the number of rostered days banked and will apply the average pay system during the weeks when an employee elects to take a banked rostered day off.
(viii) Employees terminated prior to taking any banked rostered day(s) off must receive 20% of their average weekly pay over the previous 6 months multiplied by the number of banked substitute days.
(ix) Employees who work on a rostered day off basis each 20 day cycle are entitled to 12 rostered days off in a 12 month period.
16.1 Meal breaks – day workers
(a) A meal break of between 30 minutes and 60 minutes must be allowed to each day worker.
(c) Employees required to work through meal breaks must be paid at 200% of the minimum hourly rate for all time so worked until a meal break is allowed.
(e) Meal times must be taken at a time so as not to interfere with continuity of work.
(b) Employees may be required to take their crib at their workplace.
(c) Where a shiftworker is not relieved for crib and is unable to have a break of 30 minutes for crib within a period of 40 minutes from the time of commencing crib, the employee will be entitled to an additional 30 minutes’ pay at ordinary rates.
16.3 Breaks—field sector employees
16.4 Rest break
(a) All employees must be allowed a 10 minute rest break in each half of the day and on Saturday morning overtime whenever they work more than 4 hours.
(b) Rest breaks will be taken at such times as will not interfere with the continuity of work where continuity is necessary.
(c) Rest breaks are to be counted as time worked.
(e) In the case of bulk terminal employees the rest breaks will be for 15 minutes. At the request of the supervisor, the rest breaks may be combined into one 30 minute rest break and may also be joined with the meal break in clause 16.1 to make a combined break of one hour.
(a) A day worker who is required to continue working at their usual work for more than one hour after the fixed finishing time must be allowed:
(i) a meal break of 30 minutes after the first hour worked; and
(ii) a meal break of 45 minutes after each further 4 hours worked,
without deduction of pay.
(b) An employee called out to work must be granted a meal break of 30 minutes after each 4 hours of work without deduction of pay.
(c) If an employee is called out to work overtime and is not notified of the requirement to work overtime in sufficient time to enable them to make arrangements for a meal or crib, a meal must be supplied free of charge provided the second and subsequent meals will be provided free of charge by the employer in all cases.
Part 4—Field Sector—Wages and Allowances
[Varied by PR718905, PR729346, PR740773, PR762196]
[17.1 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
17.1 The following rates apply to field, experiment stations and cane tester employees classified under Schedule A—Classification Definitions—Field :
|
Classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
Single contract hourly rate1 |
|
|
$ |
$ |
$ |
|
Cultivation/Cane Production (adult) |
|
|
|
|
CPT (Inductee/Trainee) |
867.20 |
22.82 |
26.24 |
|
CP1 (Level 1) |
929.00 |
24.45 |
28.12 |
|
CP2 (Level 2) |
959.70 |
25.26 |
29.05 |
|
Cane Haulage |
|
|
|
|
CHAUT (Inductee/Trainee) |
908.10 |
23.90 |
27.49 |
|
CHAU1 (Level 1) |
929.00 |
24.45 |
28.12 |
|
CHAU2 (Level 2) |
959.70 |
25.26 |
29.05 |
|
Cane Harvesting |
|
|
|
|
CHART (Inductee/Trainee) |
929.00 |
24.45 |
28.12 |
|
CHAR1 (Level 1) |
959.70 |
25.26 |
29.05 |
|
CHAR2 (Level 2) |
995.00 |
26.18 |
30.11 |
|
Cane Testers |
|
|
|
|
CT1 (Level 1) |
861.40 |
22.67 |
26.07 |
|
CT2 (Level 2) |
911.90 |
24.00 |
27.60 |
|
CT3 (Level 3) |
959.70 |
25.26 |
29.05 |
|
CT4 (Level 4) |
1019.00 |
26.82 |
30.84 |
1 Includes an additional 15% loading in accordance with clause 17.2.
NOTE: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
17.2 Single contract hourly rate
(a) Field sector employees may be engaged in writing on a single contract hourly rate basis and will be paid 115% of the minimum hourly rate and must be paid that rate for each and every hour of work, instead of the provisions of clauses 15.2(c), 29.1 and 29.2 irrespective of the number of hours worked per day or per pay period or the days of the pay period on which work is performed.
(b) The minimum hourly rate, for the purposes of clause 17, is the minimum hourly rate for the employee’s classification in clause 17.1.
(c) Employees employed on this basis will be entitled to all other entitlements contained in this award.
Field sector employees may be engaged in writing on a piecework basis as follows:
(b) Each piecework agreement must be reviewed half way through the crushing season and at the end of the crushing season to ensure that the employee has received the full entitlements owing.
(c) Each piecework agreement must be in writing and signed by both parties and each employee will be supplied with a copy of such agreement free of charge and a copy of the mutual agreement will be provided to the employee’s representative, if any.
(d) The base rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate identified in clause 17 for the employee’s classification level.
(e) The full rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate identified in clause 17 for the employee’s classification level plus a loading of 20%.
(f) Casual employees may be engaged on a piecework basis in accordance with clause 17.3. Casual piecework employees are entitled to both the casual loading specified in clause 10.3(a) and the piecework loading specified in clause 17.3(a). Each loading is to be calculated on the minimum hourly rate identified in clause 17 for the employee’s classification level and not on a compounding basis.
(g) For the purposes of clause 17.3(f), the hourly rate of pay for casual piecework employees is the total of the following:
· the minimum hourly rate; and
· the casual loading of 25% of the minimum hourly rate; and
· the piecework loading of 20% of the minimum hourly rate,
for the employee’s classification level.
17.4 Junior rates—Cultivation/Cane Production
The minimum rate payable to juniors must be the following percentages of the minimum adult weekly rate corresponding to classification CP2 (Level 2).
|
Age |
% of the minimum weekly rate for CP2 (Level 2) |
|
Under 18 years |
56 |
|
18–19 years |
70 |
[Varied by PR718905, PR729346, PR729530, PR740773, PR740936, PR762196, PR762363]
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
(a) Work in water and cleaning drains
[18.2(a) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
Employees must be paid an allowance of $1.17 per hour for time spent in cleaning drains where the water is over 76.2 cm in depth.
18.3 Expense-related allowances
[18.3(a) varied by PR729530, PR740936, PR762363 ppc 01Jul23]
An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.95 per kilometre travelled.
Part 5—Milling, Distillery, Refinery and Maintenance—Wages and Allowances
[Varied by PR718905, PR729346, PR733939, PR740773, PR762196]
[19.1 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
19.1 The following rates apply to adult milling, distillery, refinery and maintenance employees classified under clause Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance:
|
Classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
C14/L2 |
859.30 |
22.61 |
|
C13/L3 |
882.80 |
23.23 |
|
C12/L4 |
914.90 |
24.08 |
|
C11/L5 |
945.00 |
24.87 |
|
C10/L6 |
995.00 |
26.18 |
|
C9/L7 |
1026.20 |
27.01 |
|
C8/L8 |
1057.40 |
27.83 |
|
C7/L9 |
1085.60 |
28.57 |
|
C6 |
1140.70 |
30.02 |
NOTE 1: The hourly rates for ordinary hours in clause 19.1 and Schedule D clauses D.2.1 and D.2.3 as they apply to employees in sugar mills are notionally expressed on the basis of a 38 hour divisor. Where an averaging system is worked in accordance with clause 19.3 the divisor for the purposes of establishing minimum hourly rates for employees in sugar mills is as provided in clauses 19.3(b) and (c). All penalty rates are calculated based on a divisor of 38.
NOTE 2: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
19.2 Classification definitions in Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance for C14 to C11 do not apply in sugar mills.
19.3 Method of work and payment for ordinary hours
For the purposes of an average 38 hour working week in sugar mills, employees will be provided with unpaid rostered days off during the nominal slack season. To accommodate rostered days off the method of working ordinary hours and the method of payment will be as follows:
(a) During the nominal slack season, as defined in clause 30.2, an employer will be deemed to have paid the minimum weekly rate prescribed if:
(i) in the case of an employee other than a seasonal employee or other than an employee deemed to be seasonal in clause 2—Definitions, the employee is paid a total of 2 weeks’ minimum pay over the 2 weeks’ cycle; and
(ii) in the case of seasonal employees and employees deemed to be seasonal as defined in clause 2—Definitions the employee is paid a total of 4 weeks’ minimum pay over the 4 weeks’ cycle.
(b) During the nominal slack season, as defined in clause 30.2, an employee other than a seasonal employee or other than an employee deemed to be seasonal in clause 2—Definitions will be paid for all ordinary hours worked each week at the weekly rate divided by 36 and seasonal employees and employees deemed to be seasonal in clause 2—Definitions will be paid for all ordinary hours worked each week at the weekly rate divided by 38.
(c) During the nominal crushing season as defined in clause 30.2, all employees will be paid for all ordinary hours worked each week at the weekly rate divided by 40.
(d) In no case will the average rate calculated in accordance with clause 19.3 be less than the relevant minimum hourly rate in clause 19.1.
19.4 Supervisor/Trainer/Coordinator
Minimum hourly rate for Supervisor/Trainer/Coordinator of milling, distillery, refinery or maintenance employees classified under clause Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance:
(a) Supervisor/Trainer/Coordinator Level I
[19.4(a) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
The minimum hourly rate for a Supervisor/Trainer/Coordinator - Level I is that of their classification level calculated on the competencies they hold and use as required on the job or 104.3% of the standard rate per hour ($27.31) if the employee is not classified based on competencies.
(b) Supervisor/Trainer/Coordinator Level II
[19.4(b) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
The minimum hourly rate for a Supervisor/Trainer/Coordinator - Level II is that of their classification level calculated on the competencies they hold and use as required on the job or 113.1% of the standard rate per hour ($29.61) if the employee is not classified based on competencies.
(c) Supervisor/Trainer/Coordinator—Technical
The minimum hourly rate for a Supervisor/Trainer/Coordinator - Technical, shall be not less than 107% of the minimum hourly rate applicable to the employee’s technical classification, providing that this does not result in double-counting supervisor, trainer or coordinator competencies that were part of the basis for the employee’s technical classification.
(a) The minimum rate payable to juniors must be the following percentages of the minimum adult weekly rate corresponding to classification level 2 (C14).
|
Age |
% of the minimum weekly rate for level 2 (C14) |
|
Employees less than 15 years of age |
50 |
|
Employees at 15 years of age |
65 |
|
Employees at 16 years of age |
75 |
|
Employees at 17 years of age |
90 |
(b) From 18 years of age, the minimum rate prescribed for adults must apply.
(c) Employees who are appointed to level C13/L3 or above must be paid the rate appropriate to that level.
(d) Junior employees must receive the respective percentage of the rates, including the full amount of any applicable allowances as provided for under this award.
19.6 Minimum rate for apprentices commencing or continuing an apprenticeship prior to 1 January 2014
The minimum rate for apprentices who commenced an apprenticeship prior to 1 January 2014 are, except as provided for in clause 19.8—Adult apprentice minimum rates, as set out in the following table:
|
Relevant rate for an apprentice at the time of entering into a training agreement |
||||
|
Stage of apprenticeship |
Completed |
Completed |
Completed |
Adult |
|
Stage 1 |
42% of the C10 trades rate |
54.64% of the C13 rate |
The relevant rate applicable to a trainee commencing after year 12 under National Training Wage Skill Level A. |
National Training Wage Traineeship Skill Level B exit rate. |
|
Stage 2 |
55% of the C10 trades rate |
55% of the C10 trades rate |
The relevant rate applicable to a trainee commencing at year 12 plus one year under National Training Wage Skill Level A. |
C14 rate |
|
Stage 3 |
75% of the C10 trades rate |
75% of the C10 trades rate |
75% of the C10 rate |
C13 rate |
|
Stage 4 |
88% of the C10 trades rate |
88% of the C10 trades rate |
C12 rate |
C12 rate |
19.7 Minimum rates for apprentices commencing an apprenticeship on and from 1 January 2014
[19.7 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
The minimum rates for apprentices commencing an apprenticeship on and from 1 January 2014, except as provided for in clause 19.8—Adult apprentice minimum rates are as set out below (% are of the C10 rate at clause 19.1):
|
|
Column 1 |
Column 2 |
Column 3 |
||||||
|
Stage of apprenticeship |
Has not completed year 12 |
Has completed year 12 |
Adult apprentice aged 21+ |
||||||
|
% |
Min weekly rate |
Hourly rate |
% |
Min weekly rate |
Hourly rate |
% |
Min weekly rate |
Hourly rate |
|
|
Stage 1 |
50 |
497.50 |
13.09 |
55 |
547.25 |
14.40 |
80 |
796.00 |
20.95 |
|
Stage 2 |
60 |
597.00 |
15.71 |
65 |
646.75 |
17.02 |
C14 |
859.30 |
22.61 |
|
Stage 3 |
75 |
746.25 |
19.64 |
75 |
746.25 |
19.64 |
C13 |
882.80 |
23.23 |
|
Stage 4 |
88 |
875.60 |
23.04 |
C12 |
914.90 |
24.08 |
C12 |
914.90 |
24.08 |
19.8 Adult apprentice minimum rates
(a) A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum rate by virtue of entering into the training contract. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 19 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
[19.8(b) substituted by PR733939 from 27Sep21]
(b) Clause 19.8 applies where the employee, immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months as a full-time employee or 12 months as a part-time or regular casual employee.
19.9 Competency based progression
(a) The minimum rates for each stage of the apprenticeship are set out in clauses 19.6 to 19.8. The conditions for progression to each stage where the training plan provides for the completion of a relevant engineering tradesperson AQF III qualification are set out in the following table:
|
Stage of apprenticeship |
Progression requirements |
|
Stage 1 |
No entry requirements |
|
Stage 2 |
An apprentice enters Stage 2: On attainment of 25% of the competencies required for the relevant AQF III certificate qualification specified in the training plan; or 12 months after commencing the apprenticeship (subject to clause 12.12), whichever is the earlier. |
|
Stage 3 |
An apprentice enters Stage 3: On attainment of 50% of the competencies required for the relevant AQF III certificate qualification specified in the training plan; or 12 months after commencing Stage 2 (subject to clause 12.12), whichever is the earlier. |
|
Stage 4 |
An apprentice enters Stage 4: On attainment of 75% of the competencies required for the relevant AQF III certificate qualification specified in the training plan; or 12 months after commencing Stage 3 (subject to clause 12.12), whichever is the earlier. |
(b) For the purpose of competency based wage progression in clause 19.9(a) an apprentice will be paid at the relevant rate for the next stage of their apprenticeship if:
(i) competency has been achieved in the relevant proportion of the total units of competency specified in clause 19.9(a) for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan; and
(ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met; and
(A) the Registered Training Organisation (RTO), the employer and the apprentice agree that the abovementioned requirements have been met; or
(B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.
(c) If the employer disagrees with the assessment of the RTO referred to in clause 19.9(b)(iii)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.
(d) For the purposes of clause 19.9, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of competency, for the purpose of the training packages and for the purpose of clause 19.9, is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.
(e) The apprentice will be paid the rate referred to in clause 19.9(b) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 19.9(b)(iii) or on a date as determined under the dispute resolution process in clause 19.9(c).
[Varied by PR718905, PR719057, PR729346, PR729530, PR740773, PR740936, PR762196, PR762363]
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.
20.1 Employers must pay to an employee the allowances the employee is entitled to under clause 20.
NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
(a) Applying obnoxious substances
[20.2(a)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(i) An employee engaged in the preparation and/or the application of epoxy based materials or materials of a like nature including Swiftvulc paint must be paid an allowance of $0.91 per hour.
(ii) Where there is an absence of adequate natural ventilation the employer must provide ventilation by artificial means and/or supply an approved type of respirator. In addition, protective clothing must be supplied.
(iii) Proper washing facilities together with towels, soap and a plentiful supply of water must be provided by the employer, as required.
(iv) For the purpose of clause 20.2 all materials which include or require the addition of a catalyst hardener and reactive additives or 2 pack catalyst system will be deemed to be materials of a like nature.
[20.2(b)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(i) Employees must be paid an allowance of $0.86 per hour when required to use materials containing asbestos or to work in close proximity to employees using those materials in connection with maintenance or replacement work.
(ii) Employees must be provided with and must use all necessary safeguards including wearing mandatory protective equipment (i.e. combination overalls and breathing equipment or similar apparatus).
(c) Bagasse bins
Employees who during the crushing season are required to perform work below the level of the top catwalk in bagasse bins for periods of time in excess of those listed below are to be paid an additional 100% of the minimum hourly rate, for the actual time involved in such work on each occasion:
(i) During crushing operations—a minimum period of 10 minutes on any occasion.
(ii) During non-crushing operations—a minimum period of 20 minutes on any occasion.
Provided that the rates for wet, hot or noxious gas fumes, confined space and repair work in this award must not be paid in addition to this allowance.
(d) Boiler cleaning—engine driver
[20.2(d)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(ii) This rate applies instead of the special rates for hot places, wet places, confined spaces, dirty work and boiler repairs.
[20.2(e) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
Employees using a brick cutting machine must be paid an allowance of $0.67 per hour whilst so engaged.
(f) Carting and/or handling cement
[20.2(f)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(i) Employees engaged in carting and/or handling cement must be paid an allowance of $4.07 per day in addition to their ordinary rate whilst so engaged.
(ii) This will not apply when quantities of less than 508 kg are carted or handled.
[20.2(g)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(i) $5.43 for the first 4 hours or any portion thereof; and
[20.2(g)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(ii) $1.11 for each hour thereafter,
on any day whilst so engaged.
[20.2(h) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
Employees chipping rollers with pneumatic chisels must be paid $0.98 per hour above the rates prescribed for general mill workers with a minimum additional payment of $5.01 per day whilst so engaged.
[20.2(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
If a cleaner, greaser or oiler sometimes under the supervision of an engine driver stops or starts an engine they must be paid an allowance of $38.75 per week.
[20.2(j) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
Employees must be paid an allowance of $0.67 per hour when required to clean by hand or while assisting to dismantle before cleaning, gear and/or cog wheels, engine or roller beds.
[20.2(k) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
[20.2(l) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
Employees must be paid an allowance of $0.67 per hour when required to clean under the carrier.
[20.2(m) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(n) Employees handling building blocks
Employees employed handling blocks (other than cindicrete blocks for plugging purposes) must be paid additional amounts as follows:
[20.2(n)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(i) for blocks over 5.5 kg and up to 9 kg—$0.75 per hour;
[20.2(n)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(ii) over 9 kg and up to 18 kg—$1.29 per hour;
[20.2(n)(iii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(iii) over 18 kg—$1.87 per hour.
An employee will not be required to lift a building block in excess of 20 kg in weight unless such employee is provided with mechanical aid or with an assisting employee.
[20.2(o) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
Any appropriately qualified employee rostered by the employer to perform first aid duty must be paid a weekly allowance of $15.60.
(p) Grinding shredder hammer
[20.2(p) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
[20.2(q) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
[20.2(r)(i) PR729346, PR740773, PR762196 ppc 01Jul23]
[20.2(r)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(ii) Employees must be paid an allowance of $0.67 per hour when required to perform work at a height of more than 22.86 metres above the ground or low water level or nearest horizontal plane.
(s) High pressure cleaning machines
[20.2(s) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
· hot effets;
· hot flues;
· hot vacuum pans;
· hot boilers;
· hot combustion chambers; or
· hot fire boxes of mill boilers,
where the ambient temperature, having been raised by artificial means, is 45 degrees Celsius or more.
(ii) Employees will perform such work for 10 minutes on each occasion the work is performed before the additional rate applies.
(iv) This allowance will be instead of any other provision relating to hot work, unpleasant conditions, confined spaces, repair work, dirty work, or wet work.
(u) Crushing season—juice superheaters
[20.2(u)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(ii) Provided that this allowance will not be paid when superheaters are cleaned with chemicals.
[20.2(v)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
[20.2(v)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(ii) An employee must be paid an allowance of $0.86 per hour while employed on work involving handling charcoal, pumice, slagwool, insulwool or other loose material of a like nature used in the construction, repair or demolition of roofing, flooring, walls or partitions, for providing insulation against heat, cold or noise.
[20.2(v)(iii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
[20.2(w) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(x) Operating jackhammers, etc.
[20.2(x) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(y) Pressure welding allowance
[20.2(y) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
[20.2(z)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
[20.2(z)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(ii) All employees engaged in the hand shovelling of lime or in handling bagged lime will be paid an allowance of $0.73 per hour, but this allowance will not apply to employees classified as lime handlers.
[20.2(aa) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
[20.2(bb) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(cc) Spot welding mill rollers
[20.2(cc)(i) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(i) Employees must be paid an allowance of $5.20 per hour when engaged in spot welding mill rollers in operation while crushing is in progress.
[20.2(cc)(ii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(ii) Employees must be paid an allowance of $2.61 per hour when engaged in spot welding mill rollers during the crushing season while crushing operations are not in progress.
[20.2(cc)(iii) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(iii) Employees must be paid an allowance of $2.65 per hour when engaged in automatic spot welding of mill rollers during the crushing season while crushing is in progress.
[20.2(cc)(iv) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
(iv) Employees must be paid an allowance of $1.33 per hour when engaged in automatic spot welding of mill rollers during the crushing season while crushing operations are not in progress.
(v) The allowance for repair work will not be payable where the allowances in clause 20.2(cc) are payable.
(vi) Where the allowances for automatic and manual spot welding of mill rollers would otherwise apply, the higher rates only must apply.
(dd) Work in rain
(ee) Work in water and cleaning drains
[20.2(ee) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
20.3 Expense-related allowances
[20.3(a) varied by PR719057, PR729346, PR740936, PR762363 ppc 01Jul23]
Where there is an entitlement to a meal on overtime and none is available from the employer, the meal allowance of $16.81 must be paid.
[20.3(b) varied by PR719057, PR729346, PR740936, PR762363 ppc 01Jul23]
A tool allowance of $25.57 per week must be paid to tradespersons who are required to supply and use their own tools.
(c) Tool allowance for apprentices
[20.3(c)(i) varied by PR719057, PR729346, PR740936, PR762363 ppc 01Jul23]
(i) Subject to clause 20.3(c)(ii) the employer must supply to apprentices referred to in clause 12—Apprentices of this award, all tools ordinarily required for the apprentices to perform their work, (Apprentice Tool Pack). Such Apprentice Tool Packs must be for no less than the retail price than set out in the following table:
|
Apprenticeship type |
Annual value of tools |
Total retail value of tools |
|
|
$ |
$ |
|
Engineering Tradesperson (Electrical) |
515.07 |
2060 |
|
Engineering Tradesperson (Electronic) |
515.07 |
2060 |
|
Engineering Tradesperson (Fabrication) |
386.30 |
1545 |
|
Engineering Tradesperson (Mechanical) |
515.07 |
2060 |
|
Higher Engineering Tradesperson |
515.07 |
2575 |
|
Systems Electrician |
515.07 |
2060 |
|
Assembly and Servicing Tradesperson - Electrical |
515.07 |
2060 |
|
Instrumentation Tradesperson |
515.07 |
2060 |
|
Refrigeration and Air Conditioning Tradesperson |
515.07 |
2060 |
|
Systems and Instrumentation Tradesperson |
515.07 |
2060 |
|
Electricity Supply Tradesperson |
515.07 |
2060 |
|
Other tradesperson |
386.30 |
1545 |
(iii) The employer must supply the Apprentice Tool Pack or the apprentice tool allowance:
· In total, within a period of 3 months after employment commences or at the end of the probationary period, whichever first occurs; or
· In annual instalments, with the first instalment being supplied within a period of 3 months after employment commences or at the end of the probationary period, whichever first occurs.
· During the second and subsequent years of the apprenticeship, the tool allowance must be supplied within a period of 3 months from the commencement date of each year.
(iv) If the employer requires an apprentice to supply any tools not included in the Apprentice Pack, the employer must reimburse the apprentice the retail value of the tools, upon proof of purchase of the tools, purchased by the apprentice, to the employer.
(v) The Apprentice Tool Pack supplied to an apprentice by their employer will become the property of the apprentice.
(vi) If the apprentice does not complete the apprenticeship with their employer:
· the Apprentice Tool Pack must be returned to the employer; or
· the retail value of the Apprentice Tool Pack must be reimbursed to the employer.
(viii) Where the apprentice has purchased tools during their apprenticeship, for which they have not been reimbursed, the tools must remain the property of the apprentice.
(ix) An apprentice must replace or pay for any tools supplied by their employer which are lost because of the negligence of the apprentice.
(x) An apprentice is not required to pay for any tools supplied by their employer which are lost whilst securely stored at the employer’s premises.
(xi) If an employer has provided tools or paid a tool allowance to an apprentice prior to 10 February 2020, the retail value of the tools or the amount of the allowance will be deducted from any entitlements of the apprentice under this clause.
(xii) Where an apprentice is re-indentured with a different employer, the provisions of this clause shall apply with equal effect to the apprentice's new employer in relation to the residual term of apprenticeship but so that the collective obligations of the several employers does not exceed the requirements of this clause when applied to one employer.
(xiii) If the reimbursement referred to in clause 20.3(c)(vi) and 20.3(c)(vii) apply to an employee who is under 18 years old, the employer cannot deduct an amount payable to the employee if the deduction is not agreed in writing by a parent or guardian of the employee.
(xiv) Any deduction made under clauses 20.3(c)(vi) and 20.3(c)(vii) must not be unreasonable in the circumstances.
(d) Transport of employees—shiftworkers
(ii) This allowance is not payable when the employer provides suitable transport.
[20.3(e) varied by PR729530, PR740936, PR762363 ppc 01Jul23]
An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.95 per kilometre travelled.
(f) Wet concrete
Employees working in wet concrete must be provided by the employer with rubber boots.
Part 6—Bulk Terminal Operations—Wages and Allowances
[Varied by PR718905, PR729346, PR740773, PR762196]
[21.1 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
21.1 The following rates apply to bulk terminal employees classified under clause Schedule C—Classification Definitions—Bulk Terminal Operations:
|
Classification
|
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
BT1 |
859.30 |
22.61 |
|
BT2 |
889.10 |
23.40 |
|
BT3 |
934.20 |
24.58 |
|
BT4 |
987.80 |
25.99 |
|
BT5 |
1008.40 |
26.54 |
|
BT6 |
1075.40 |
28.30 |
|
BT7 |
1226.40 |
32.27 |
NOTE: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
21.2 Minimum rate for apprentices commencing or continuing an apprenticeship prior to 1 January 2014
For apprentices, who commenced or are continuing their apprenticeship prior to 1 January 2014 the minimum rates for apprentices engaged in bulk terminal operations, except as provided for in clause 19.8—Adult apprentice minimum rates are set out in the table below:
|
|
% of the rate for BT6 |
|
1st year |
42 |
|
2nd year |
55 |
|
3rd year |
75 |
|
4th year |
88 |
21.3 Minimum rates for apprentices commencing an apprenticeship on or after 1 January 2014
[21.3 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
The minimum rates for apprentices commencing an apprenticeship on or after 1 January 2014, except as provided for in clause 19.8—Adult apprentice minimum rates are as set out below. The percentages in the tables below are of the ordinary weekly rate prescribed in clause 21.1 for classification BT6.
|
Stage of apprenticeship |
Has not completed year 12 |
Has completed year 12 |
Adult apprentice aged 21+ |
||||||
|
% |
Min weekly rate |
Hourly rate |
% |
Min weekly rate |
Hourly rate |
Classification or % |
Min weekly rate |
Hourly rate |
|
|
Stage 1 |
50 |
537.70 |
14.15 |
55 |
591.47 |
15.57 |
80 |
860.32 |
22.64 |
|
Stage 2 |
60 |
645.24 |
16.98 |
65 |
699.01 |
18.40 |
BT1 - but no lower than first year rate |
860.32 |
22.64 |
|
Stage 3 |
75 |
806.55 |
21.23 |
75 |
806.55 |
21.23 |
BT2 |
889.10 |
23.40 |
|
Stage 4 |
88 |
946.35 |
24.90 |
88 |
946.35 |
24.90 |
88 |
946.35 |
24.90 |
21.4 Adult apprentice minimum rates
The provisions of clause 19.8—Adult apprentice minimum rates apply to apprentices employed under this Part 6 as if references to classifications were references to classifications contained in clause 21.1.
21.5 Competency based progression
The provisions of clause 19.9 apply to apprentices under this Part 6 as if references to the minimum rates under Part 5 were references to minimum rates under clauses 21.2 to 21.4.
[Varied by PR718905, PR719057, PR729346, PR729530, PR740936, PR740773, PR762196, PR762363]
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.
22.1 Employers must pay to an employee the allowances the employee is entitled to under clause 22.
NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
22.2 Wage-related allowances
[22.2(a) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
Any appropriately qualified employee rostered by the employer to perform first aid duty must be paid a weekly allowance of $25.95.
(b) Workplace co-ordinators allowance—bulk sugar terminals
[22.2(b) varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
Employees who are directed to perform the work of workplace co-ordinator must be paid an allowance of $0.43 per hour whilst so engaged, for a maximum of 4 hours.
22.3 Expense-related allowances
[22.3(a) varied by PR719057, PR729530, PR740936, PR762363 ppc 01Jul23]
Where there is an entitlement to a meal on overtime and none is available from the employer, the meal allowance of $21.06 must be paid.
[22.3(b) varied by PR719057, PR729530, PR740936, PR762363 ppc 01Jul23]
A tool allowance of $28.35 per week must be paid to tradespersons who are required to supply and use their own tools.
[22.3(c) varied by PR729530, PR740936, PR762363 ppc 01Jul23]
An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.95 per kilometre travelled.
Part 7—Other Wage Related Provisions
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.
Wages must be paid either:
(a) weekly according to the actual ordinary hours worked each week;
(b) according to the average number of ordinary hours worked each week; or
23.2 Method of payment
Wages must either be paid by cash, cheque or electronic funds transfer into the bank or financial institution account nominated by the employee.
23.3 Absences from duty under an averaging system
Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments, the following applies:
(a) The employee will accrue a credit for each day the employee works ordinary hours in excess of the daily average.
(b) The employee will incur a debit for each day of absence from duty other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid family leave or jury service.
(c) An employee absent for part of a day (other than on annual leave, long service leave, public holidays, paid personal leave, workers compensation, paid compassionate leave, paid family leave or jury service) will incur a proportion of the debit for the day, based upon the proportion of the working day that the employee was not in attendance.
23.4 Payment on termination of employment
(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 23.4(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 23.4(b) allows the Commission to make an order delaying the requirement to make a payment under clause 23.4. 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.
24.1 Clause 24 does not apply to employees working on bulk terminal operations.
24.2 Where an employee on any one day performs 2 or more classes of work and is employed:
(a) for more than 4 hours on a class or classes of work carrying a higher rate, the employee must be paid at the higher rate for the whole time worked on that day;
(b) for 4 hours or less on a class or classes of work carrying a higher rate, the employee must be paid at the higher rate for 4 hours.
For school-based apprentices, see Schedule F—School-based Apprentices.
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule G—Supported Wage System.
For employees undertaking a traineeship, see Schedule H—National Training Wage.
[Varied by PR771361]
28.1 Superannuation legislation
[28.1 substituted by PR771361 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 28 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.
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.
28.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 28.3(a) or 28.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 28.3(a) or 28.3(b) was made.
28.4 Superannuation fund
[28.4 varied by PR771361 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 28.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 28.2 and pay any amount authorised under clauses 28.3(a) or 28.3(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) CareSuper;
(c) AustSafe Super;
(d) Sunsuper;
(e) AMP Superannuation Savings Trust;
(f) Labour Union Cooperative Retirement Fund (LUCRF);
(g) MLC MasterKey Business Super;
(h) 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
(i) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 8—Overtime, Penalty Rates and Shiftwork
29. Overtime and penalty rates—other than shiftworkers
[Varied by PR723979, PR763292]
29.1 Payment for working overtime—other than bulk sugar terminals
[29.1(a) substituted by PR723979 ppc 20Nov20]
(a) Employees must be paid overtime rates for work performed:
(i) within the hours fixed in clause 15—Ordinary hours of work and rostering—other than shiftworkers of this award but in excess of the hours fixed for an ordinary week’s work; or
(ii) outside the hours fixed in clause 15—Ordinary hours of work and rostering—other than shiftworkers.
[New 29.1(b) inserted by PR723979 ppc 20Nov20]
[New 29.1(c) inserted by PR723979 ppc 20Nov20]
(c) Casual employees working overtime must be paid at 187.5% of the minimum hourly rate for the first 3 hours and 250% of the minimum hourly rate after 3 hours.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 29.1(b).
[29.1(b) renumbered as 29.1(d) by PR723979 ppc 20Nov20]
(d) When calculating overtime, each day stands alone.
[29.1(c) renumbered as 29.1(e) by PR723979 ppc 20Nov20]
(e) For the purposes of clause 29.1 hours fixed for an ordinary week’s work means the hours of work fixed in an establishment in accordance with clause 15—Ordinary hours of work and rostering—other than shiftworkers of this award or varied in accordance with the relevant clauses of this award.
[29.1(d) renumbered as 29.1(f) by PR723979 ppc 20Nov20]
(f) When any portion of an hour is worked, the employee must receive payment in respect of any broken part of an hour for not less than one quarter hour at the current overtime rate.
29.2 Payment for working rostered day off or overtime on Saturdays or Sundays
(a) Full-time and part-time employees
[New 29.2(a) inserted by PR723979 ppc 20Nov20]
[29.2(a) renumbered as 29.2(a)(i) by PR723979 ppc 20Nov20]
(i) An employee required to work on a rostered day off or overtime commencing on Saturday will be paid at 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate after that for a minimum of 3 hours.
[29.2(b) renumbered as 29.2(a)(ii) by PR723979 ppc 20Nov20]
(b) Casual employees
[New 29.2(b) inserted by PR723979 ppc 20Nov20]
(i) A casual employee required to work overtime commencing on Saturday will be paid at 187.5% of the minimum hourly rate for the first 3 hours and 250% of the minimum hourly rate after that for a minimum of 3 hours.
(ii) A casual employee required to work overtime commencing on a Sunday must be paid at 250% of the minimum hourly rate with a minimum of 3 hours’ work or payment provided the employee is available for work for 3 hours.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 29.2(a).
29.3 Payment for working overtime—bulk sugar terminals
[29.3 varied by PR723979 ppc 20Nov20]
In the case of bulk sugar terminals all hours worked outside or in excess of an employee’s ordinary hours roster must be deemed overtime and paid at 200% of the minimum hourly rate for full-time and part-time employees and at 250% of the minimum hourly rate for casual employees.
[Note inserted by PR723979 ppc 20Nov20]
NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 29.3.
29.4 Rest period after overtime—sugar milling
When overtime work is necessary it will be arranged where reasonably practicable for employees to have at least 10 consecutive hours off duty between the work of successive days.
(b) Where the employee does not get a 10 hour rest
· the employee must be released from duty after that overtime is finished until the employee has had 10 consecutive hours off duty, and
· there will be no loss of pay for ordinary working time occurring during the absence.
[29.4(b)(ii) varied by PR723979 ppc 20Nov20]
· the full-time or part-time employee must be paid at 200% of the minimum hourly rate, and a casual employee must be paid at 250% of the minimum hourly rate, until the employee is released from duty;
· the employee is then entitled to be absent for 10 consecutive hours; and
· there will be no loss of pay for ordinary working time occurring during the absence.
[Note inserted by PR723979 ppc 20Nov20]
NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 29.4(b)(ii).
(c) Where an employee is recalled to work overtime and works not more than 3 hours’ overtime, clause 29.4 will not apply.
29.5 Return to duty
(a) Any employee recalled to work after the ordinary finishing time must receive a minimum payment of 3 hours at the prevailing overtime rates.
(b) Provided that this minimum payment will apply only in respect of the first 2 call-outs.
29.6 Time off instead of payment for overtime
(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;
(iv) that any payment mentioned in clause 29.6(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 29.6 is set out at Schedule K—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule K—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 29.6 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 29.6 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(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 29.6 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 29.6(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 29.6 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 29.6 will apply, including the requirement for separate written agreements under clause 29.6(b) for overtime that has been worked.
[Note varied by PR763292 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 29.6 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 29.6.
An employee may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.
[Varied by PR723979]
30.1 Ordinary hours of work—shiftwork
(a) Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.
(c) Employees terminating prior to taking any banked rostered day(s) off must receive 20% of their average weekly pay over the previous 6 months multiplied by the number of banked substitute days.
(d) By agreement 12 hour shifts may be rostered.
For the purpose of this award:
(a) a shiftworker is an employee who can be regularly rostered to work on Sundays and public holidays, where the employer operates shifts continuously rostered 24 hours a day 7 days a week;
(b) day shift means any shift between 8.00 am and 4.00 pm or otherwise by agreed roster;
(c) afternoon shift means any shift finishing after 6.00 pm and at or before midnight;
(d) night shift means any shift finishing after midnight and at or before 8.00 am or where the majority of hours worked in the shift fall between midnight and 8.00 am;
(e) nominal crushing season means the period of 26 weeks commencing on the first Monday of June each year; and
(f) nominal slack season means that period that is not the nominal crushing season.
30.3 Ordinary hours of work—continuous shiftworkers
(a) Continuous shiftwork means work carried out:
(i) on consecutive shifts of employees;
(ii) over 24 hours a day;
(iii) for at least 6 consecutive days; and
(iv) without interruption, except during breakdowns, meal breaks or due to unavoidable causes beyond the control of the employer.
(b) Subject to clause 30.3(d), the ordinary hours of continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days.
(c) Continuous shiftworkers are entitled to a 20 minute meal break on each shift which must be counted as time worked.
30.4 Extra weekend payments—other than field sector
(a) Sugar milling
For sugar mill employees, where continuous shiftwork is regularly performed on a 3 shifts per day basis, over a period of 7 days per week, all time worked up to 8 hours in any shift between midnight Friday and midnight Sunday must be paid at 150% of the minimum hourly rate. Such payments will be in addition to any allowance payable for the working of an afternoon or night shift.
(b) Bulk terminals
For bulk terminal employees, shift work ordinary hours performed between midnight Friday and midnight Saturday must be paid at the rate of 150% of the minimum hourly rate. Shift work ordinary hours performed between midnight Saturday and midnight Sunday must be paid at the rate of 200% of the minimum hourly rate.
30.5 Afternoon and night shift allowances—other than field sector
(a) Employees other than field sector workers, whilst engaged on afternoon shift and night shift, must be paid a shift allowance for each such shift of 15% in addition to the minimum hourly rate applicable.
30.6 Afternoon shift and night shift rates—field sector
Field sector employees whilst engaged on afternoon shift and night shift, must be paid for each shift as follows:
(a) afternoon shift—112.5% of the minimum hourly rate; or
(b) night shift—115% of the minimum hourly rate
for the employee’s employment classification.
30.7 Additional shift allowances five day roster—sugar milling
(a) Final shift of roster
All ordinary time worked by any sugar milling employee on the final shift of a roster where the ordinary time falls entirely between midnight Friday and 8.00 am Saturday in any week, must be paid at 150% of the minimum hourly rate. Such payments will be in addition to any shift allowance payable for the working of an afternoon or night shift.
[30.7(b) varied by PR723979 ppc 20Nov20]
Where overtime crushing shifts are worked at weekends by sugar milling shiftworkers, all shiftworkers, including casual shiftworkers, so engaged must be paid an allowance of 25% of the minimum hourly rate in addition to the appropriate overtime rates.
30.8 Overtime hours of work—field sector shiftwork
[30.8 varied by PR723979 ppc 20Nov20]
All overtime performed by a field sector shiftworker where more than one shift per day is worked, will be paid for at 200% of the minimum hourly rate for a full-time or part-time shiftworker and 250% of the minimum hourly rate for a casual shiftworker.
[Note inserted by PR723979 ppc 20Nov20]
NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 30.8.
30.9 Nominal crushing season—shiftwork
(a) The ordinary working hours in the nominal crushing season must not exceed 40 in any one week or 8 in any one day, which may be worked in accordance with a roster system as mutually agreed upon between the employer and the majority of employees directly affected, or as determined by the Fair Work Commission in accordance with clause 39—Dispute resolution. Provided that with agreement between the employer and the majority of employees directly affected, shifts of more or less than 8 hours may be worked. The working of broken shifts or 6 hour shifts in mills is prohibited.
(b) In mills where locomotive drivers, their assistants and weighbridge clerks are working 2 shifts, those shifts may be worked between 6.00 am and 2.00 pm and between 2.00 pm and 10.00 pm or such other roster as mutually agreed upon between the employer and the majority of employees directly affected.
30.10 Nominal slack season—shiftwork
(b) For employees other than seasonal employees and also other than those deemed to be seasonal, the ordinary working hours must be worked in accordance with an agreed roster which will provide for 9 ordinary working days or 72 ordinary working hours per fortnight. One day of the 2 week cycle must be an unpaid rostered day off.
(c) For seasonal employees the ordinary working hours must be worked in accordance with an agreed roster which will provide for 19 working days or 152 ordinary working hours per 4 week cycle. One day of the 4 week cycle must be an unpaid rostered day off.
(e) If a rostered day off falls on a public holiday, the rostered day off must be taken on the next ordinary working day.
30.11 Shiftwork overtime—sugar mills
(a) Provided that this minimum will not apply where overtime worked by shiftworkers is continuous with their shiftwork.
[30.11(b) varied by PR723979 ppc 20Nov20]
[Note inserted by PR723979 ppc 20Nov20]
NOTE: The overtime rate for casual employees has been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rate for full-time and part-time employees prescribed by clause 30.11(b).
(c) When a shiftworker is required to continue working during the following shift they will be granted a crib time of 30 minutes within one hour after their ordinary finishing time and a further crib time of 30 minutes at the usual crib time period for the following shift. No deduction will be made from wages for the crib times so granted and the employer will supply to the employee meals or cribs not later than at crib times during the second shift.
(d) An employee called out to work will be granted a meal break of 30 minutes after each 4 hours of work. No deduction will be made from the wages for the meal times so granted. If the employee is not notified of the requirement to work overtime in sufficient time to enable them to make arrangements for a meal or crib, it will be supplied free of charge provided the second and subsequent meals will be provided free of charge by the employer in all cases.
30.12 Employees recalled—sugar mills
(a) Any employee recalled to work after the ordinary ceasing time will receive a minimum payment of 3 hours at overtime rates.
(b) Provided that this minimum payment will apply only in respect of the first 2 call-outs.
(c) The provisions of clause 29.4 will apply in the case of shiftworkers where they rotate from one shift to another as if 8 hours were substituted for 10 hours when overtime is worked:
(i) for the purpose of changing shift rosters;
(ii) where a shiftworker does not report for duty; or
(iii) where a shift is worked by arrangement between the employees themselves.
[30.12(d) varied by PR723979 ppc 20Nov20]
(e) Where a shiftworker is required to work 4 hours or more overtime immediately prior to the starting time of their normal shift, the employee will be allowed 30 minutes without deduction of pay to enable the employee to partake of a meal or crib, such crib to commence not later than the end of the first hour of the employee’s normal shift.
(f) If the employee is not notified of the overtime shift in sufficient time to enable the employee to make arrangements for a meal or crib, it will be supplied free of charge by the employer.
[30.12(g) varied by PR723979 ppc 20Nov20]
[Note inserted by PR723979 ppc 20Nov20]
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 10.3(a)(ii) to the minimum hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clauses 30.12(d) and 30.12(g).
30.13 Change of hours—sugar mills
(a) Notwithstanding anything contained in clauses 15—Ordinary hours of work and rostering—other than shiftworkers or 29—Overtime and penalty rates—other than shiftworkers, an employer may transfer an employee working afternoon or night shift to day shift or day work, by giving the employee at least 8 hours’ notice, if in the employer’s opinion there is insufficient work on the employee’s rostered shift due to wet weather:
(i) interfering with cane supply;
(ii) restricting cane transport; or
(iii) restricting crushing operations.
The employer may transfer the employee back to the employee’s ordinary rostered shift by giving at least 8 hours’ notice.
(b) Where such afternoon or night shift employee does not receive at least 8 hours’ notice of the change from afternoon or night shift to day shift or day work or vice versa and an 8 hour break, the employee will be paid at overtime rates for the first 8 hours worked after such change.
Part 9—Leave and Public Holidays
31.1 Annual leave is provided for in the NES.
31.2 Definition of shiftworker
For the purpose of the additional week of annual leave provided for in section 87(1)(b) of the Act, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays, where the employer operates shifts continuously rostered 24 hours a day 7 days a week.
31.3 Annual leave loading
(a) During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed in this award. Annual leave loading payment is payable on leave accrued.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
(b) The loading is as follows:
Employees who would have worked on day work only had they not been on leave, 17.5% or the relevant weekend penalty rates, whichever is the greater but not both.
Employees who would have worked on shiftwork had they not been on leave, a loading of 17.5% or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.
(iii) Bulk terminals
For employees in bulk terminals, the annual leave loading in clauses 31.3(b)(i) and 31.3(b)(ii) must be 25%.
(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 31.4 is set out at Schedule I—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule I—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 31.4 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 31.4, 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.
31.5 Direction to take annual leave during shutdown
[31.5 renamed and substituted by PR751094 ppc 01May23]
(a) Clause 31.5 applies if an employer:
(i) intends to shut down all or part of its operation for a particular period (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(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 31.5(b) and who will be affected by that period as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 31.5(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 31.5(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 31.5(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 31.4.
(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 31.4, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 31.6 to 31.8 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 31.5.
31.6 Excessive leave accruals: general provision
NOTE: Clauses 31.6 to 31.8 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 (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 31.2).
(c) Clause 31.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 31.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
31.7 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 31.6(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 31.7(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 31.6, 31.7 or 31.8 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 31.7(a) that is in effect.
(d) An employee to whom a direction has been given under clause 31.7(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 31.7(d) may result in the direction ceasing to have effect. See clause 31.7(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.
31.8 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 31.6(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 31.8(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 31.7(a) that, when any other paid annual leave arrangements (whether made under clause 31.6, 31.7 or 31.8 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 31.8(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 31.6, 31.7 or 31.8 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 31.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 31.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 31.8(a).
31.9 Calculation of annual leave—bulk terminal operations
In the case of bulk terminal employees annual leave including any proportionate payments will be calculated as follows:
(a) Shiftworkers—subject to clause 31.9(b), the rate to be paid to a shiftworker will be the rate payable for work in ordinary time according to the employee’s roster or projected roster, including Saturday, Sunday or holiday shifts.
(b) All employees—in no case will the payment by bulk terminals to an employee be less than the sum of the following amounts:
(i) The employee’s minimum rate as prescribed by clause 21—Minimum rates for the period of the annual leave (excluding weekend penalties).
(ii) Where such roster does not pay 25% over the ordinary time earnings then clause 31.9(b)(iii) will apply.
(iii) A further amount calculated at the rate of 25% of the amounts referred to in clause 31.9(b)(i).
31.10 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 31.10.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 31.10.
(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 31.10 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 31.10 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 31.10 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 31.10.
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 31.10.
NOTE 3: An example of the type of agreement required by clause 31.10 is set out at Schedule J—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule J—Agreement to Cash Out Annual Leave.
32. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
33. Parental leave and related entitlements
[33 varied by PR763292 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 39—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
35. Family and domestic violence leave
[35—Unpaid family and domestic violence leave renamed and substituted by PR750548 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.
36.1 Public holiday entitlements are provided for in the NES.
36.2 An employee required to work on a public holiday is entitled to not less than 4 hours’ pay at 250% of the minimum hourly rate provided the employee is available to work those hours.
Part 10—Consultation and Dispute Resolution
37. Consultation about major workplace change
37.1 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.
37.2 For the purposes of the discussion under clause 37.1(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.
37.3 Clause 37.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
37.4 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 37.1(b).
37.5 In clause 37 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.
37.6 Where this award makes provision for alteration of any of the matters defined at clause 37.5, such alteration is taken not to have significant effect.
38. Consultation about changes to rosters or hours of work
38.1 Clause 38 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.
38.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 38.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
38.4 The employer must consider any views given under clause 38.3(b).
38.5 Clause 38 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763292]
39.1 Clause 39 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
39.3 If the dispute is not resolved through discussion as mentioned in clause 39.2, 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.
39.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 39.2 and 39.3, a party to the dispute may refer it to the Fair Work Commission.
39.5 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.
39.6 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.
39.7 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 39.
39.8 While procedures are being followed under clause 39 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.
39.9 Clause 39.8 is subject to any applicable work health and safety legislation.
[Note 1 inserted by PR763292 ppc 01Aug23]
NOTE 1: In addition to clause 39, 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 PR763292 ppc 01Aug23]
NOTE 2: In addition to clause 39, 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.
40. Dispute resolution procedure training leave
40.1 A duly authorised eligible employee representative will, upon written application to the employer, at least 14 days in advance (or such lesser period as mutually agreed), be granted up to 3 working days’ leave (non-cumulative) on ordinary pay each calendar year to attend approved courses which are directed at the enhancement of the operation of the dispute resolution procedures including its operation in connection with this award and with the Act, or with any relevant agreement that provides it is to be read in conjunction with this award.
40.2 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure.
40.3 Any written application seeking release of a duly authorised eligible employee to attend a course must include details of the type and content of the course to be attended as well as the dates upon which the course is proposed to be conducted.
40.4 For the purposes of clause 40 ordinary pay means the ordinary weekly rate paid to the employee exclusive of any allowances or penalty rates for travelling time, fares, shiftwork or overtime.
40.5 The granting of such leave will be subject to the following conditions:
(a) the employee must have at least 6 months’ continuous service with the employer prior to such leave being granted and be an eligible employee representative;
(b) unless otherwise agreed the maximum number of days of dispute resolution training leave which an employer will be required to grant each year in each establishment will be 3 days for each of 3 duly authorised eligible employee representatives;
(c) the granting of such leave will be subject to the convenience of the employer so that the operations of the enterprise will not be adversely affected;
(e) if the reasons for rejection provided by the employer are not accepted, any dispute will be resolved in accordance with the dispute resolution procedure at clause 39—Dispute resolution, of this award;
(f) in granting such paid leave, the employer is not responsible for any additional costs except the payment of extra remuneration where relieving arrangements are instituted by the employer to cover the absence of the employee. In the spirit of this arrangement it is understood that employees will co-operate to minimise additional costs;
(g) leave granted to attend such training courses will not incur any additional payment or alternate time off if such course coincides with an employee’s rostered day off;
(h) such paid leave will not affect other leave granted to employees under this award; and
(i) on completion of the course the employee must, upon request, provide to the employer proof of their attendance at the course. Except in the case of sick leave or other authorised leave, non-attendance at a training course will result in the employee not being paid for such time.
Part 11—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
41.1 Notice of termination by an employee
(a) Clause 41.1 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.
|
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 41.1(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 41.1(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 41.1(b), then no deduction can be made under clause 41.1(d).
(f) Any deduction made under clause 41.1(d) must not be unreasonable in the circumstances.
(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 41.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE 1: Redundancy pay is provided for in the NES. See sections 119–123 of the Act.
NOTE 2: Clause 42.4 supplements the NES by providing additional benefits to bulk terminal employees.
NOTE 3: Clause 42.5 supplements the NES by providing entitlements to certain employees in sugar mills excluded from redundancy pay under the NES by section 123(1)(a) of the Act because they are employed for a specified period of time or for a specified task. The other exclusions in sections 121(1), 123(1) and 123(4)(d) continue to apply.
42.1 Transfer to lower paid duties on redundancy
(a) Clause 42.1 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
(c) If the employer acts as mentioned in clause 42.1(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.
42.2 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 42 or under sections 119–123 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.
42.3 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 42.3(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 42.3(b).
(d) An employee who fails to produce proof when required under 42.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clauses 41.2.
(a) Clause 42.4 applies to an employee engaged at a bulk terminal, unless the employee is excluded from redundancy pay under the NES by sections 121(1), 123(1), 123(4)(a) and 123(4)(d) of the Act.
(b) Subject to clauses 42.4(f) and 42.4(g), an employee is entitled to be paid redundancy pay by the employer if:
(i) the employee’s employment is terminated by reason of redundancy; and
(ii) the employee’s period of continuous service with the employer on termination is at least 12 months.
(c) In clause 42.4 continuous service the same meaning as in section 119 of the Act.
(i) Redundancy pay is calculated in accordance with section 119(2) of the Act.
(ii) The amount of redundancy pay in clause 42.4(b) is the greater of either:
· The redundancy pay under section 119(2) of the Act; or
· 2.5 weeks’ redundancy pay for each year of continuous service up to a maximum of 52 weeks of redundancy pay.
(iii) The maximum payment under clause 42.4 will not exceed 52 weeks of ordinary time pay excluding any accrued annual leave, sick leave, long service or any payment instead of notice as set out in clause 41—Termination of employment.
(e) Additional redundancy benefits
If an employee’s employment is terminated by reason of redundancy then, in addition to any redundancy pay the employee is entitled to under clause 42.4(d), the employee is entitled to other benefits as follows:
(i) If the employee is at least 45 years old or has at least 10 years’ continuous service with the employer on termination, then the employee will be entitled to payment for all accrued sick leave.
(ii) If the employee is less than 45 years old and has less than 10 years’ continuous service with the employer on termination, then the employee will be entitled to 50% payment of all accrued sick leave.
(iii) If the employee has more than 12 months’ continuous service with the employer on termination, then the employee will be entitled to an amount of up to $1,000 towards retraining at a recognised institution on the production of such invoices.
(iv) A service to assist the employee in preparing job applications, CVs and the like.
(v) Access to a financial planning adviser—this will be considered upon application from the employee.
(f) The terms of section 120 of the Act apply as if section 120 referred to ‘clause 42.4(d)’ rather than ‘section 119’.
NOTE: Under section 120 of the Act the Fair Work Commission can determine that the amount of redundancy pay under the NES is to be reduced if the employer obtains other acceptable employment for the employee or cannot pay that amount. Clause 42.4(f) applies these arrangements also to redundancy pay under clause 42.4.
(g) The terms of section 122 of the Act apply as if section 122 referred to ‘clause 42.4’ rather than ‘this Subdivision’ and to ‘clause 42.4(d)’ rather than ‘section 119’.
NOTE: Under section 122 of the Act transfer of employment situations can affect the obligation to pay redundancy pay under the NES and the Fair Work Commission can make orders affecting redundancy pay. Clause 42.4(g) applies these arrangements also to redundancy pay under clause 42.4.
(h) The maximum payment under clause 42.4 will not exceed 52 weeks of ordinary time pay excluding any accrued annual leave, sick leave, long service or severance payment as set out in clause 41—Termination of employment.
42.5 Apprentices and fixed term employees in sugar mills
(a) Clause 42.5(d) applies to a fixed-term employee in a sugar mill, where the employee is engaged on a series of consecutive contracts where the period of actual service covered by the series of contracts is more than 12 months.
(b) For the purposes of clause 42.5(a), the continuity of an employee’s service with an employer will not be broken where there is a period of 8 weeks or less between fixed term contracts.
(c) Clause 42.5(d) applies to an apprentice in a sugar mill who is retained in employment for more than 6 months after the completion of their apprenticeship.
An apprentice or fixed-term employee in a sugar mill is entitled to redundancy pay in accordance with section 119(2) of the Act.
Schedule A—Classification Definitions—Field Sector
A.1 Definitions
Cultivation/cane production career path stream means the specialised career path for employees engaged in any duties associated with the preparation of land for the growing of sugar cane, any duties associated with the planting and growing of sugar cane, and any pre and post harvesting field work duties and including the operation of, and any work in connection with the operation of, any tractor or vehicle or other mobile equipment used in connection therewith.
Cane haulage career path stream means the specialised career path for employees engaged in operating or on any duties in connection with the operation of any tractor or other vehicle used in the hauling out of harvested sugar cane to any delivery point as determined.
Cane harvesting career path stream means the specialised career path for employees engaged in operating or on any duties in connection with the operation of any sugar cane harvester.
A.2 Cultivation/cane production employees
A.2.1 Cultivation/cane production inductee/trainee (CPT)
Includes an employee:
(a) who is engaged for a maximum of 240 consecutive hours within the first 6 week period from such employee’s initial engagement in the industry;
(b) regarded as a new starter with little or no cultivation/cane production skills; and
(c) who is completing an initial phase of probationary employment and on-the-job training prior to being employed as a cultivation/cane production employee level 1,
provided that nothing must prevent the employer and employee from agreeing to a lesser induction period than 6 weeks.
A.2.2 Cultivation/cane production level 1 (CP1)
Includes an employee in the cultivation/cane production stream who is competent above the skills and knowledge levels of a cultivation/cane production inductee/trainee employee and is an employee able to perform the following typical tasks:
(a) demonstrating an established work orientation, the knowledge, skills and capacity to perform proceduralised tasks under general supervision and more complex tasks involving the use of theoretical knowledge and motor skills;
(b) working with little supervision for routine tasks;
(c) operating, servicing, maintaining and carrying out minor repairs to agricultural equipment;
(d) operating, servicing and maintaining any tractor, truck or vehicle; and
(e) performing agricultural tasks such as land preparation, planting, irrigating, drainage, recognition of pest and diseases and correct application and use of chemicals and fertilizers.
A.2.3 Cultivation/cane production level 2 (CP2)
Includes an employee in the cultivation/cane production stream who is competent above the skills and knowledge levels of a cultivation/cane production employee level 1, and is an employee able to perform the following typical tasks:
(a) demonstrating an established work orientation, the knowledge, skills and capacity for self-directed application including the selection and use of appropriate techniques and equipment and the performance of complex tasks involving the use of applied theoretical knowledge and motor skills;
(b) working under general supervision;
(c) supervising other cultivation/cane production employees;
(d) keeping records;
(e) servicing, maintaining, significant repairing and setting up all cultivation/cane production equipment;
(f) operating, servicing and maintaining any tractor, truck or vehicle;
(g) carrying out workshop skills including engineering repairs, competent welding, oxy cutting and grinding;
(h) selecting and applying pest and disease control measures including chemicals and fertilizers; and
(i) deciding and performing agricultural tasks such as land preparation, planting, irrigating and drainage.
A.3 Cane haulage employees
A.3.1 Cane haulage inductee/trainee (CHAUT)
Includes an employee:
(a) who is engaged for a maximum of 160 consecutive hours within the first 4 week period from such employee’s initial engagement in the industry;
(b) regarded as a new starter with little or no cane haulage skills; and
(c) who is completing an initial phase of probationary employment and on-the-job training prior to being employed as a cane haulage employee grade 1,
provided that nothing must prevent the employer and employee from agreeing to a lesser induction period than 4 weeks.
A.3.2 Cane haulage 1 (CHAU1)
Includes an employee who is competent above the skills and knowledge levels of a cane haulage employee inductee/trainee, and is an employee able to perform the following typical tasks:
(a) demonstrating an established work orientation, the knowledge, skills and capacity to perform proceduralised tasks under general supervision and more complex tasks involving the use of theoretical knowledge and motor skills;
(b) working under general supervision;
(c) operating vehicles hauling cane; and
(d) servicing, maintaining, minor repairing, adjusting cane haulage vehicles and equipment, and under supervision, cane harvesters.
A.3.3 Cane haulage 2 (CHAU2)
Includes an employee who is competent above the skills and knowledge levels of a cane haulage employee level 1, and is an employee able to perform the following typical tasks:
(a) demonstrating an established work orientation, the knowledge, skills and capacity for self-directed application including the selection and use of appropriate techniques and equipment and the performance of complex tasks involving the use of applied theoretical knowledge and motor skills;
(b) working without supervision;
(c) operating vehicles hauling cane including operating road transport prime movers and trailers with carrying capacity in excess of 53 tonnes gross vehicle mass;
(d) servicing, maintaining, significant repairing, adjusting and setting up cane haulage vehicles and equipment and under general supervision, cane harvesters; and
(e) carrying out significant workshop skills including engineering repairs, competent welding, oxy cutting and grinding.
A.4 Cane harvesting employees
A.4.1 Cane harvesting inductee/trainee (CHART)
Includes an employee:
(a) who is engaged for a maximum of 160 consecutive hours within the first 4 week period from such employee’s initial engagement in the industry as a cane harvesting inductee/trainee;
(b) who has worked at the level of either a cultivation/cane production employee level 1 or a cane haulage employee level 1; and
(c) who is completing an initial phase of probationary employment and on-the-job training prior to being employed as a cane harvesting employee level 1,
provided that nothing must prevent the employer and employee from agreeing to a lesser induction period than 4 weeks.
A.4.2 Cane harvesting 1 (CHAR1)
Includes an employee in the cane harvesting stream who is competent above the skills and knowledge levels of a cane haulage stream employee and a cane harvesting employee inductee/trainee and is able to perform the following typical tasks:
(a) demonstrating an established work orientation, the knowledge, skills and capacity for self-directed application including the selection and use of appropriate techniques and equipment and the performance of complex tasks involving the use of applied theoretical knowledge and motor skills;
(b) working without supervision;
(c) supervising and training cane haulage stream employees and cane harvesting inductees/trainees, and working in co-operation with cane cultivation/production employees;
(d) keeping records;
(e) servicing, maintaining, significant repairing and setting up cane harvesters and hauling vehicles including ancillary harvesting equipment;
(f) operating any cane harvester, tractor, truck or vehicle;
(g) carrying out significant workshop skills including engineering repairs, competent welding, oxy cutting and grinding; and
(h) exercising soil, land and crop care in the cane harvesting and cane hauling process.
A.4.3 Cane harvesting 2 (CHAR2)
Includes an employee in the cane harvesting stream who is competent above the skills and knowledge levels of a cane haulage stream employee, and a cane harvesting employee level 1, and is an employee able to perform the following typical tasks:
(a) demonstrating a highly developed knowledge, skills and capacity for self-directed application including the selection and use of appropriate techniques and equipment and the performance of complex tasks involving the use of applied theoretical knowledge and motor skills;
(b) working with self direction;
(c) directing, supervising and training cane harvesting stream employees, cane haulage stream employees and where relevant, cultivation/cane production stream employees;
(d) analysing records;
(e) servicing, maintaining, major repairing and overhauling, and setting up, all harvesting and hauling vehicles and ancillary equipment;
(f) operating any cane harvester, tractor, truck or vehicles;
(g) carrying out major workshop skills including engineering repairs, overhauling, modifying, manufacturing, designing and advanced welding, oxy cutting and grinding; and
(h) directing, supervising and exercising soil, land and crop care in the cane harvesting and hauling process.
A.5 Cane testing employees
A.5.1 Cane testing 1 (CT1)
An employee appointed by the employer to carry out established cane testing requirements in accordance with the operational requirements of the employer; completes procedural tasks under general supervision; more complex tasks needing theory and more motor skills are completed under direct supervision.
(a) Typical tasks would include, for example:
(i) the analysis of juice for payment or audit purposes;
(ii) the determination of fibre in cane;
(iii) the supervision of the sampling system; and
(iv) checking the cane weighbridge for zero error and range.
(b) Performance/Capacity
Capacity to perform and acquire knowledge of work requirements in accordance with the operational requirements and instructions of the employer.
(c) Qualifications
Certificate in Laboratory Chemistry (Sugar) or an equivalent certificate as recognised by the employer.
A.5.2 Cane testing 2 (CT2)
An employee appointed by the employer to carry out established cane testing requirements in accordance with the operational requirements of the employer; demonstrated capacity for self directed application; selects and uses appropriate techniques and equipment. Requires discretion and judgment in selection of equipment, work organisation, services, actions and achieving outcomes within time constraints. May supervise a level 1 cane tester in accordance with operational requirements.
(a) Typical tasks would include, for example:
(i) the analysis of juice for payment or audit purposes;
(ii) the determination of fibre in cane;
(iii) the supervision of the sampling system; and
(iv) checking the cane weighbridge for zero error and range.
(b) Performance/Capacity
Has knowledge of and demonstrated performance of work requirements in accordance with the operational requirements and instructions of the employer.
(c) Qualifications
Certificate in Laboratory Chemistry (Sugar) or equivalent and further training relevant to the Cane Testers Technical Handbook in the area of laboratory organisation and cane testing commensurate with the skills, knowledge, autonomy and responsibility of a cane tester at level 2 or the recognition of similar skills resulting from prior learning, recognised and accepted by the employer.
A.5.3 Cane testing 3 (CT3)
An employee appointed by the employer to carry out established cane testing requirements in accordance with the operational requirements of the employer; demonstrated capacity for self directed application of theory and motor skills, plus may involve responsibility for and limited organisation of the work of others. May be required to supervise level 1 or 2 cane testers in accordance with operational requirements. This level is recognised as the 100% relativity level in line with this award.
(a) Typical tasks would include, for example:
(i) the analysis of juice for payment or audit purposes;
(ii) the determination of fibre in cane;
(iii) the supervision of the sampling system;
(iv) checking the cane weighbridge for zero error and range;
(v) supervising entry of fibre values for payment purposes;
(vi) checking farmers payments slips; and
(vii) checking allocation of CCS for delayed cane and missed samples.
(b) Performance/Capacity
Has knowledge of and well demonstrated performance of work requirements in accordance with the operational requirements and instructions of the employer.
(c) Qualifications
Certificate in Laboratory Chemistry (Sugar) or equivalent and further training relevant to the Cane Testers Technical Handbook in the area of higher computing skills, data analysis and advanced cane testing procedures commensurate with the skills, knowledge, autonomy and responsibility of a cane tester at level 3 or the recognition of such skills resulting from prior learning, recognised and accepted by the employer.
A.5.4 Cane testing 4 (CT4)
An employee appointed by the employer to carry out established cane testing requirements in accordance with the operational requirements of the employer; makes autonomous use of a high degree of the theory of applied knowledge; may require highly developed motor skills; may undertake significant creative planning, designing or supervisory functions related to products, services, operations or processes and the output of others; will have the capacity to supervise levels 1, 2 and 3 cane testers.
(a) Typical tasks would include, for example:
(i) the analysis of juice for payment or audit purposes;
(ii) the determination of fibre in cane;
(iii) the supervision of the sampling system;
(iv) checking the cane weighbridge for zero error and range;
(v) supervising entry of fibre values for payment purposes;
(vi) checking farmers payments slips;
(vii) checking allocation of CCS for delayed cane and missed samples;
(viii) liaison with mill management, district canegrowers representatives and farmers regarding weighing, sampling, analysis and allocation of CCS;
(ix) preparing administrative documents and reporting to the employer; and
(x) supervision, training and assessment of staff.
(b) Performance/Capacity
Has detailed knowledge of and well demonstrated performance of work requirements in accordance with the operational requirements and instructions of the employer.
(c) Qualifications
Cane tester level 3 qualifications or equivalent, and further training relevant to the Cane Testers Technical Handbook in the area of advanced computing skills, data analysis, supervision, administration and performance appraisal skills commensurate with the skills, knowledge, autonomy and responsibility of a cane testing level 4 or the recognition of skills resulting from prior learning, recognised and accepted by the employer.
Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance
B.1 Milling employees
B.1.1 Milling general operator—level 2 (C14)
(a) An employee at this level is required to:
(i) work under supervision;
(ii) exercise decision making/responsibility within their level of skill and training;
(iii) demonstrate awareness of general quality control standards in particular responsibility for their own work and advise of quality control problems where identified;
(iv) assist with on-the-job training;
(v) service and adjust equipment according to their level of skill and training and advise of any additional maintenance required;
(vi) demonstrate general housekeeping skills; and
(vii) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions plus prepare records that convey information accurately and concisely.
(b) Indicative classifications would include, for example:
(i) General mill worker
(ii) Bagasse loftperson
(iii) Bagasse reclaimer operator
(iv) Carrier hand
(v) Greaser
(vi) Locomotive driver’s assistant
(vii) Tram construction and maintenance worker
(viii) Watchperson
(ix) Bulk sugar loader
(x) Malcolm Moore driver’s assistant
(xi) Form setter’s assistant
B.1.2 Production, transport and services operator—level 3 (C13)
(a) An employee appointed to this level must perform work above and beyond the skills at level 2, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(i) work under supervision;
(ii) exercise decision making/responsibility within their level of skill and training;
(iii) demonstrate awareness of general quality control standards, in particular responsibility for their own work and advise of quality control problems where identified;
(iv) provide on-the-job training as required;
(v) service and adjust equipment according to their level of skill and training, and advise of any additional maintenance required;
(vi) demonstrate general housekeeping skills; and
(vii) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral communications plus prepare records that convey information accurately and concisely.
(b) Indicative classifications would include, for example:
(i) Sugar boiler’s assistant
(ii) Fireperson in mills
(iii) Low grade fugal operator
(iv) Diffuser attendant
(v) Truck driver other than articulated
(vi) Dogperson and slingers
(vii) Storekeeper
(viii) Driver of tractors hauling full and empty cane trucks to and from the carrier
(ix) Driver of tractors not otherwise specified herein
(x) Plasser KMX assistant
(xi) Assistant bridge carpenter
B.1.3 Production, transport and services operator—level 4 (C12)
(a) An employee appointed to this level must perform work above and beyond the skills at level 3, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(i) work under supervision and may supervise other employees;
(ii) exercise decision making/responsibility within their level of skill and training;
(iii) demonstrate awareness of general quality control standards, in particular responsibility for their own work, advise of quality control problems where identified and in addition may carry out quality control checks on work performed by other employees;
(iv) provide on-the-job training as required;
(v) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(vi) demonstrate general housekeeping skills; and
(vii) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions plus prepare records that convey information accurately and concisely and able to effectively communicate instructions to other employees and may be required to interpret technical data and prepare written reports.
(b) Indicative classifications would include, for example:
(i) Effet operator
(ii) Articulated vehicle driver
(iii) Ferry operator
(iv) High grade fugal operator
(v) Malcolm Moore operator
(vi) Mobile cranes
(vii) Operators of other tamping machines
(viii) Simplex operator
(ix) Splicers to gear riggers and or licensed scaffolder
(x) Head storeperson
(xi) Sugar mill chemist
(xii) Weighbridge clerk
(xiii) Forklift operators
(xiv) Backhoe operators
(xv) Bulldozer operator up to and including D4 capacity
(xvi) Front end loader/mobile shovel operators
(xvii) Toft loader operator
(xviii)Engine drivers in mills
B.1.4 Production, transport and services operator—level 5 (C11)
(a) An employee appointed to this level must perform work above and beyond the skills at level 4, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(i) work under supervision and may supervise other employees;
(ii) exercise discretion and decision making/responsibility within their level of skill and training;
(iii) demonstrate knowledge of quality control standards and procedures and is responsible for the quality of their own work and may carry out quality checks on other employees;
(iv) provide on-the-job training;
(v) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(vi) demonstrate general housekeeping skills; and
(vii) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions plus prepare records that convey information accurately and concisely and able to effectively communicate instructions to their employees and may be required to interpret technical data and prepare written reports.
(b) Indicative classifications would include, for example:
(i) Loco driver—single/double header
(ii) Fugal operator—high and low grade
(iii) Chemist
(iv) Plasser KMX 12 operator
(v) Mobile crane operator
(vi) Overhead cabin crane operator
(vii) Combined effet operator
(viii) Engine drivers in mills
B.1.5 Production, services, transport operator—level 6 (C10)
(a) An employee appointed to this level must perform work above and beyond the skills at level 5, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(i) work under supervision and may supervise other employees;
(ii) exercise discretion and decision making/responsibility within their level of skill and training;
(iii) demonstrate knowledge of quality control standards and procedures and is responsible for the quality of their own work and may carry out quality checks on other employees;
(iv) provide on-the-job training and may assist in assessing employees undertaking a structured training programme;
(v) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(vi) demonstrate general housekeeping skills; and
(vii) demonstrate the ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepare records that convey information accurately, able to effectively communicate instructions to other employees and interpret technical data/drawings and may be required to prepare written reports/sketches.
(b) Indicative classifications would include, for example:
(i) Engine driver in mills—first class
(ii) Watertender in charge of boiler stations
(iii) Sugar boiler
(iv) Chemist
(v) Loco driver—slave
(vi) Traffic officer
(vii) Bridge carpenter
(viii) Mobile crane operator
B.1.6 Production, services and transport operator—level 7 (C9)
(a) An employee appointed to this level must perform work above and beyond the skills at level 6, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(i) work under supervision and may supervise other employees;
(ii) exercise discretion and decision making/responsibility within their level of skill and training;
(iii) demonstrate knowledge of quality control standards and procedures and is responsible for the quality of their own work and may carry out quality checks on other employees;
(iv) provide on-the-job training and may assist in assessing employees undertaking a structured training programme;
(v) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(vi) demonstrate general housekeeping skills; and
(vii) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepare records that convey information accurately, able to communicate instructions to other employees, interpret technical data and prepare written reports.
(b) Indicative classifications would include, for example:
(i) Traffic officer
(ii) Foreman bridge carpenter
(iii) Water tender in charge of station and milling train or power station
(iv) Water tender in charge of boiler station with steam generating capacity of 1 million pounds per hour (454,545 kg/hr) or over
B.1.7 Production, services and transport operator—level 8 (C8)
(a) An employee appointed to this level must perform work above and beyond the skills at level 7, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(i) work under supervision and may supervise other employees;
(ii) exercise broad discretion and decision making/responsibility within their level of skill and training;
(iii) demonstrate knowledge of quality control standards and procedures and be responsible for the quality of their own work and may carry out quality checks on other employees;
(iv) provide on-the-job training and may assist in assessing employees undertaking a structured training programme;
(v) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(vi) demonstrate general housekeeping skills; and
(vii) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepare records that convey information accurately, able to communicate instructions to other employees, interpret technical data and prepare written reports.
(b) Indicative classifications would include, for example:
(i) Operator in charge of milling train, power house and boiler station
B.1.8 Production, services and transport operator—level 9 (C7)
(a) An employee appointed to this level must perform work above and beyond the skills at level 8, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(i) work under supervision and may supervise other employees;
(ii) exercise broad discretion and decision making/responsibility within their level of skill and training;
(iii) participate in the development and implementation of quality control standards and procedures and be responsible for the quality of their own work and carries out quality control checks on all work stations;
(iv) provide on-the-job training and may assist in assessing employees undertaking a structured training programme;
(v) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(vi) demonstrate general housekeeping skills; and
(vii) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepare records that convey information accurately, able to communicate instructions to other employees. Interpret technical data and prepare written reports and have a high level of written and oral communication commensurate with this position.
(b) Indicative classifications would include, for example:
(i) Shift supervisor
B.2 Distillery employees
B.2.1 Distilling and services operator—level 2 (C14)
An employee at this level is required to:
(a) work under supervision;
(b) exercise decision making/responsibility within their level of skill and training;
(c) demonstrate awareness of general quality control standards in particular responsibility for their own work and advise of quality control problems where identified;
(d) assist with on-the-job training;
(e) service and adjust equipment according to their level of skill and training and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions plus prepare records that convey information accurately and concisely.
B.2.2 Distilling and services operator—level 3 (C13)
An employee appointed to this level must perform work above and beyond the skills at level 2, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision;
(b) exercise decision making/responsibility within their level of skill and training;
(c) demonstrate awareness of general quality control standards, in particular responsibility for their own work and advise of quality control problems where identified;
(d) provide with on-the-job training as required;
(e) service and adjust equipment according to their level of skill and training, and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral communications plus prepare records that convey information accurately and concisely.
B.2.3 Distilling and services operator—level 4 (C12)
An employee appointed to this level must perform work above and beyond the skills at level 3, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise decision making/responsibility within their level of skill and training;
(c) demonstrate awareness of general quality control standards, in particular responsibility for their own work, advise of quality control problems where identified and in addition may carry out quality control checks on work performed by other employees;
(d) provide on-the-job training as required;
(e) service, adjust and install equipment according to their level of skill and training, and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions plus prepare records that convey information accurately and concisely, able to effectively communicate instructions to other employees and may be required to interpret technical data and prepare written reports.
B.2.4 Distilling and services operator—level 5 (C11)
An employee appointed to this level must perform work above and beyond the skills at level 4, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise discretion and decision making/responsibility within their level of skill and training;
(c) demonstrate knowledge of quality control standards and procedures and is responsible for the quality of their own work and may carry out quality checks on other employees;
(d) provide on-the-job training;
(e) service, adjust and install equipment according to their level of skill and training, and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions plus prepare records that convey information accurately and concisely, able to effectively communicate instructions to their employees and may be required to interpret technical data and prepare written reports.
B.2.5 Distilling and services operator—level 6 (C10)
An employee appointed to this level must perform work above and beyond the skills at level 5, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise discretion and decision making/responsibility within their level of skill and training;
(c) demonstrate knowledge of quality control standards and procedures and is responsible for the quality of their own work and may carry out quality checks on other employees;
(d) provide on-the-job training and may assist in assessing employees undertaking a structured training program;
(e) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) the ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepare records that convey information accurately, able to effectively communicate instructions to other employees and interpret technical data/drawings and may be required to prepare written reports/sketches.
B.2.6 Distillery and services operator—level 7 (C9)
An employee appointed to this level must perform work above and beyond the skills at level 6, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise discretion and decision making/responsibility within their level of skill and training;
(c) demonstrate knowledge of quality control standards and procedures and is responsible for the quality of their own work and may carry out quality checks on other employees;
(d) provide on-the-job training and may assist in assessing employees undertaking a structured training program;
(e) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepare records that convey information accurately, able to communicate instructions to other employees, interpret technical data and prepare written reports.
B.2.7 Distilling and services operator—level 8 (C8)
An employee appointed to this level must perform work above and beyond the skills at level 7, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise broad discretion and decision making/responsibility within their level of skill and training;
(c) demonstrate knowledge of quality control standards and procedures and be responsible for the quality of their own work and may carry out quality checks on other employees;
(d) provide the on-the-job training and may assist in assessing employees undertaking a structured training program;
(e) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepared records that convey information accurately, able to communicate instructions to other employees, interpret technical data and prepare written reports.
B.2.8 Distilling and services operator—level 9 (C7)
An employee appointed to this level must perform work above and beyond the skills at level 8, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise broad discretion and decision making/responsibility within their level of skill and training.
(c) participate in the development and implementation of quality control standards and procedures and be responsible for the quality of their own work and carries out quality control checks on all work stations;
(d) provide the on-the-job training and may assist in assessing employees undertaking a structured training program;
(e) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepare records that convey information accurately, able to communicate instructions to other employees, interpret technical data and prepare written reports and have a high level of written and oral communication commensurate with this position.
B.3 Refinery employees
B.3.1 Refinery operator—level 2 (C14)
An employee at this level is required to:
(a) work under supervision;
(b) exercise decision making/responsibility within their level of skill and training;
(c) demonstrate awareness of general quality control standards with particular responsibility for their own work and advise of quality control problems where identified;
(d) assist with on-the-job training;
(e) service and adjust equipment according to their level of skill and training and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions plus prepare records that convey information accurately and concisely.
B.3.2 Refinery operator—level 3 (C13)
An employee appointed to this level must perform work above and beyond the skills at level 2, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision;
(b) exercise decision making/responsibility within their level of skill and training;
(c) demonstrate awareness of general quality control standards with particular responsibility for their own work and advise of quality control problems where identified;
(d) provide on-the-job training as required;
(e) service and adjust equipment according to their level of skill and training, and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral communications plus prepare records that convey information accurately and concisely.
B.3.3 Refinery operator—level 4 (C12)
An employee appointed to this level must perform work above and beyond the skills at level 3, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise decision making/responsibility within their level of skill and training;
(c) demonstrate awareness of general quality control standards with particular responsibility for their own work, advise of quality control problems where identified and in addition may carry out quality control checks on work performed by other employees;
(d) provide on-the-job training as required;
(e) service, adjust and install equipment according to their level of skill and training, and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions plus prepare records that convey information accurately and concisely and able to effectively communicate instructions to other employees and may be required to interpret technical data and prepare written reports.
B.3.4 Refinery operator—level 5 (C11)
An employee appointed to this level must perform work above and beyond the skills at level 4, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise discretion and decision making/responsibility within their level of skill and training;
(c) demonstrate awareness of general quality control standards and procedures and is responsible for the quality of their own work and may carry out quality checks on other employees;
(d) provide on-the-job training as required;
(e) service, adjust and install equipment according to their level of skill and training, and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral communications plus prepare records that convey information accurately and concisely and able to effectively communicate instructions to their employees and may be required to interpret technical data and prepare written reports.
B.3.5 Refinery operator—level 6 (C10)
An employee appointed to this level must perform work above and beyond the skills at level 5, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise discretion and decision making/responsibility within their level of skill and training;
(c) demonstrate knowledge of quality control standards and procedures and is responsible for the quality of their own work and may carry out quality checks on other employees;
(d) provide on-the-job training and may assist in assessing employees undertaking a structured training programme;
(e) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) the ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepare records that convey information accurately, able to effectively communicate instructions to other employees and interpret technical data/drawings and may be required to prepare written reports/sketches.
B.3.6 Refinery operator—level 7 (C9)
An employee appointed to this level must perform work above and beyond the skills at level 6, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise discretion and decision making/responsibility within their level of skill and training;
(c) demonstrate knowledge of quality control standards and procedures and is responsible for the quality of their own work and may carry out quality checks on other employees;
(d) provide on-the-job training and may assist in assessing employees undertaking a structured training programme;
(e) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepare records that convey information accurately, able to effectively communicate instructions to other employees and interpret technical data/drawings and may be required to prepare written reports/sketches.
B.3.7 Refinery operator—level 8 (C8)
An employee appointed to this level must perform work above and beyond the skills at level 7, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:
(a) work under supervision and may supervise other employees;
(b) exercise broad discretion and decision making/responsibility within their level of skill and training;
(c) demonstrate knowledge of quality control standards and procedures and is responsible for the quality of their own work and may carry out quality checks on other employees;
(d) provide on-the-job training and may assist in assessing employees undertaking a structured training programme;
(e) service, adjust and install equipment according to their level of skill and training and advise of any additional maintenance required;
(f) demonstrate general housekeeping skills; and
(g) demonstrate ability to use common language skills to engage in communication and to read and understand written and oral instructions, prepare records that convey information accurately, able to communicate instructions to other employees and interpret technical data and prepare written reports.
B.4 Maintenance classification structure and definitions
The classification structure and definitions set out in clauses B.4.1 to B.4.10 apply to employees covered by this award, undertaking maintenance functions.
B.4.1 Supervisor/trainer/coordinator
(a) Supervisor/Trainer/Coordinator—Level I
(i) A Supervisor/Trainer/Coordinator—Level I is an employee who is responsible for the work of other employees and/or provision of structured on-the-job training. Such an employee has completed a qualification at AQF III level or above, of which at least one third of the competencies are related to supervision/training, or equivalent.
(ii) Notwithstanding the above definition an employee who is mainly engaged to perform work supervising or coordinating the work of other employees and who has sufficient additional training beyond that of those coordinated or supervised so as to enable the employee to perform work within the scope of this level must be classified at this level.
(b) Supervisor/Trainer/Coordinator—Level II
A Supervisor/Trainer/Coordinator—Level II is an employee who is responsible for the supervision and/or training of Supervisor/Trainers/ Coordinators—Level I. Such an employee has completed an AQF IV or V qualification or equivalent of which at least 50% of the competencies are in supervision/training.
(c) Supervisor/Trainer/Coordinator—Technical
A Supervisor/Trainer/Coordinator—Technical is an employee who is responsible primarily for the exercise of skills in the technical field up to the level of their skill and competence and who is responsible for the supervision and/or training of other technical field employees. Such an employee has completed an AQF IV qualification or equivalent of which at least 40% of the competencies are in supervision/training.
(a) Engineering/production employee level I
(ii) An employee at this level performs routine duties essentially of a manual nature and to the level of their training including:
· performs general labouring and cleaning duties;
· exercises minimal judgment;
· works under direct supervision; and
· is undertaking structured training so as to enable them to work at the C13 level.
B.4.3 Wage Group: C13
(a) Engineering/production employee level II
(i) An engineering/production employee level II is an employee who has completed up to 3 months structured training so as to enable the employee to perform work within the scope of this level.
(ii) An employee at this level performs work above and beyond the skills of an employee at the C14 level and to the level of their skills, competence and training including:
· works in accordance with standard operating procedures and established criteria;
· works under direct supervision either individually or in a team environment;
· understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;
· understands and utilises basic statistical process control procedures; and
· follows safe work practices and can report workplace hazards.
B.4.4 Wage Group: C12
(a) Engineering/production employee level III
(i) An engineering/production employee level III is an employee who has completed an Engineering Production Certificate I or Certificate II in Engineering or equivalent so as to enable the employee to perform work within the scope of this level.
(ii) An employee at this level performs work above and beyond the skills of an employee at the C13 level and to the level of their skills, competence and training including:
· is responsible for the quality of their own work subject to routine supervision;
· works under routine supervision either individually or in a team environment;
· exercises discretion within their level of skills and training;
· assists in the provision of on-the-job training.
B.4.5 Wage Group: C11
(a) Engineering/production employee level IV
(i) An engineering/production employee level IV is an employee who has completed an Engineering Production Certificate II or Certificate II in Engineering Production Technology or equivalent so as to enable the employee to perform work within the scope of this level.
(ii) An employee at this level performs work above and beyond the skills of an employee at the C12 level and to the level of their skills, competence and training including:
· works from complex instructions and procedures;
· assists in the provision of on-the-job training;
· co-ordinates work in a team environment or works individually under general supervision; and
· is responsible for assuring the quality of their own work.
B.4.6 Wage Group: C10
(a) Engineering tradesperson level I
(i) An engineering tradesperson level I is an employee who holds a trade certificate or tradespersons rights certificate or equivalent as an:
· Engineering tradesperson (electrical/electronic) level I;
· Engineering tradesperson (mechanical) level I;
· Engineering tradesperson (fabrication) level I;
· Building tradesperson;
and is able to exercise the skills and knowledge of the engineering trade so as to enable the employee to perform work within the scope of this level.
(ii) An engineering tradesperson level I works above and beyond an employee at the C11 level and to the level of their skills, competence and training:
· understands and applies quality control techniques;
· exercises good interpersonal and communications skills;
· exercises keyboard skills at a level higher than the C11 level;
· exercises discretion within the scope of this classification level;
· performs work under limited supervision either individually or in a team environment;
· operates lifting equipment incidental to their work;
· performs non-trade tasks incidental to their work;
· performs work which while primarily involving the skills of the employee’s trade is incidental or peripheral to the primary task and facilitates the completion of the whole task, provided that such incidental or peripheral work does not require additional formal technical training; and
· inspects products and/or materials for conformity with established operational standards.
(b) Production systems employee
(i) A production systems employee is an employee who, while still being primarily engaged in engineering/production work applies the skills acquired through the successful completion of an Engineering Production Certificate III or Certificate III in Engineering—Production Systems or equivalent in the production, distribution, or stores functions so as to enable the employee to perform work within the scope of this level.
(ii) A production systems employee works above and beyond an employee at the C11 level and to the level of their skills, competence and training including:
· understands and applies quality control techniques;
· exercises good interpersonal communications skills;
· exercises discretion within the scope of this classification level;
· exercise keyboard skills at a level higher than the C11 level;
· performs work under limited supervision either individually or in a team environment; and
· inspects products and/or materials for conformity with established operational standards.
B.4.7 Wage Group: C9
(a) Engineering tradesperson level II
(i) An engineering tradesperson level II is an:
· Engineering tradesperson (electrical/electronic) level II; or
· Engineering tradesperson (mechanical) level II; or
· Engineering tradesperson (fabrication) level II;
who has completed the minimum training requirements.
(ii) An engineering tradesperson level II works above and beyond a tradesperson at the C10 level and to the level of their skills, competence and training and performs work within the scope of this level including:
· exercises discretion within the scope of this classification;
· works under limited supervision either individually or in a team environment;
· understands and implements quality control techniques;
· provides trade guidance and assistance as part of a work team;
· operates lifting equipment incidental to their work; and
· performs non-trade tasks incidental to their work.
(b) Engineering technician level I
(i) An engineering technician level I is an employee who has the equivalent level of training of the C9 level engineering tradesperson or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the engineering technician level I are in the technical field including draughting, planning or technical tasks requiring technical knowledge.
(ii) At this level the employee is engaged on routine tasks in the technical field.
B.4.8 Wage Group: C8
(a) Engineering tradesperson special class level I
(i) An engineering tradesperson special class level I means a:
· Special class engineering tradesperson (electrical/electronic) level I; or
· Special class engineering tradesperson (mechanical) level I; or
· Special class engineering tradesperson (fabrication) level I;
who has completed the minimum training requirements.
(ii) An engineering tradesperson special class level I works above and beyond a tradesperson at the C9 level and to the level of their skills, competence and training and performs work within the scope of this level including:
· provides trade guidance and assistance as part of a work team;
· assists in the provision of training in conjunction with supervisors and trainers;
· understands and implements quality control techniques;
· works under limited supervision either individually or in a team environment;
· operates lifting equipment incidental to their work; and
· performs non-trade tasks incidental to their work.
(b) Engineering technician level II
(i) An engineering technician level II is an employee who has the equivalent level of training of the C8 level engineering tradesperson special class level I or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the engineering technician level II are in the technical field including draughting, planning or technical tasks requiring technical knowledge.
(ii) At this level the employee is required to exercise judgment and skill in excess of that required at the C9 level under the supervision of technical or professional staff.
B.4.9 Wage Group: C7
(a) Engineering tradesperson special class level II
(i) An engineering tradesperson special class level II means a:
· Special class engineering tradesperson (electrical/electronic) level II; or
· Special class engineering tradesperson (mechanical) level II; or
· Special class engineering tradesperson (fabrication) level II; or
· Higher engineering tradesperson;
who has completed the minimum training requirements.
(ii) An engineering tradesperson special class level II works above and beyond a tradesperson at the C8 level and to the level of their skills, competence and training performs work within the scope of this level including:
· is able to provide trade guidance and assistance as part of a work team;
· provides training in conjunction with supervisors and trainers;
· understands and implements quality control techniques;
· works under limited supervision either individually or in a team environment;
· operates lifting equipment incidental to their work; and
· performs non-trade tasks incidental to their work.
(b) Engineering technician level III
(i) An engineering technician level III is an employee who has the equivalent level of training of the C7 level engineering tradesperson special class level II or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the engineering technician level III are in the technical field including draughting, planning or technical tasks requiring technical knowledge.
(ii) At this level the employee is engaged in detail draughting and/or planning or technical duties requiring judgment and skill in excess of that required of a technician at the C8 level under the supervision of technical or professional staff.
(a) Advanced engineering tradesperson level I
(i) An advanced engineering tradesperson level I means an:
· Advanced engineering tradesperson (electrical/electronic) level I; or
· Advanced engineering tradesperson (mechanical) level I; or
· Advanced engineering tradesperson (fabrication) level I;
who has completed the minimum training requirements.
(ii) An advanced engineering tradesperson level I works above and beyond a tradesperson at the C7 level and to the level of their skills, competence and training performs work within the scope of this level including:
· undertakes quality control and work organisation at a level higher than for the C7 level;
· provides trade guidance and assistance as part of a work team;
· assists in the provision of training to employees in conjunction with supervisors/trainers;
· works under limited supervision either individually or in a team environment;
· prepares reports of a technical nature on specific tasks or assignments;
· exercises broad discretion within the scope of this level;
· operates lifting equipment incidental to their work; and
· performs non-trade tasks incidental to their work.
(b) Engineering technician level IV
(i) An engineering technician level IV is an employee who has the equivalent level of training of the C6 level advanced engineering tradesperson level I or equivalent so as to enable the employee to apply skills within the scope of this level. The skills exercised by the engineering technician level IV are in the technical field including draughting, planning or technical tasks requiring technical knowledge.
(ii) At this level the employee is engaged in detail draughting and/or planning and/or technical duties requiring judgment and skill in excess of that required of a technician at the C7 level under the supervision of technical and/or professional staff.
B.4.11 Definitions of streams and fields
(a) Engineering streams are the 3 broad engineering streams recognised within the classification definitions set out in clause B.4 namely, electrical/electronic, mechanical and fabrication. The streams are defined as the:
(i) Electrical/electronic stream which includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all electrical and electronic devices, systems, equipment and controls, such as electrical wiring, motors, generators, PLCs and other electronic controls, instruments, refrigeration, telecommunications, radio and television, and communication and information processing.
(ii) Mechanical stream which includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all mechanical equipment, machinery, fluid power systems, automotive mechanics, instruments and refrigeration, and the use of related computer controlled equipment, such as computer numeric controlled machine tools.
(iii) Fabrication stream which includes fabrication in all materials, forging, carpentry, plumbing, founding, structural steel erection, electroplating, metal spinning, metal polishing and sheet metal work and the use of related computer controlled equipment.
(b) Vocational fields are the 4 vocational fields recognised within the classification structure of this award, namely, trade, technical, engineering/production and supervisor/trainer/coordinator. The fields are defined as the:
(i) Trade field which includes employees who possess as a minimum qualification a trade certificate in any of the engineering streams or a Certificate IV in Engineering including higher engineering trades or special class trades.
(ii) Technical field which includes:
· production planning, including scheduling, work study, and estimating materials, handling systems and like work;
· technical work including inspection, quality control, supplier evaluation, laboratory, non-destructive testing, technical purchasing, and design and development work (prototypes, models, specifications) in both product and process areas and like work; and
· design and draughting and like work.
(iii) Engineering/production field which includes employees primarily engaged in production work including production, distribution, stores and warehousing, which does not require a qualification in the trade, technical, professional or supervisory fields.
(iv) Supervisor/trainer/coordinator field which includes employees who are or who are mainly:
· responsible for the supervision and/or training of other supervisors or trainers; and
· responsible primarily for the exercise of technical skills up to the level of their skill and competence and who are additionally involved in the supervision/training of other employees.
B.4.12 Procedure for classifying maintenance employees
(a) The procedures for classifying employees under this award are set out in the National Metal and Engineering Competency Standards Implementation Guide distributed by Manufacturing Skills Australia.
(b) Where there is agreement to implement the competency standards at the enterprise, or in the event that the classification of an employee is called into question, the issue is to be settled by the application of competency standards in accordance with clause B.4.12 and the National Metal and Engineering Competency Standards Implementation Guide or by reference to the minimum training requirement in the relevant classification definition, except as provided in clauses B.4.12(c) and B.4.12(d).
(i) management and employee representatives responsible for oversighting the implementation of competency standards within an enterprise must be given access to briefing and/or training courses on the competency standards and their implementation prior to implementation; and
(ii) such briefings and/or training courses on the competency standards and their implementation must be approved by Manufacturing Skills Australia and can be either a joint briefing delivered by the parties or by one party with the approval of other relevant parties at the enterprise or an approved course delivered by a Manufacturing Skills Australia recognised provider with the approval of the relevant parties at the enterprise, provided that this does not exclude the delivery of additional training or advice by the parties or Manufacturing Skills Australia to an enterprise.
B.4.13 Points to be assigned to classification levels
The points to be assigned to the classification levels under this award are to be in accordance with Table 2 in the National Metal and Engineering Competency Standards Implementation Guide and as contained in the following table:
|
Classification |
Recommended points |
|
C14 |
– |
|
C13 |
– |
|
C12 |
32 |
|
C11 |
64 |
|
C10 |
96 |
|
C9 |
12 additional points above C10 |
|
C8 |
24 additional points above C10 |
|
C7 |
36 additional points above C10 |
|
C6 |
48 additional points above C10 |
Schedule C—Classification Definitions—Bulk Terminal Operations
C.1 Bulk terminals employee level 1 (BT1)
New starter—basic labouring duties. This is the level for a new terminal technician who undertakes a 3 month probation period whilst training and performing basic labouring duties.
C.2 Bulk terminals employee level 2 (BT2)
General labouring duties. At this level the employee has achieved the basic skills for a terminal technician and performs general labouring duties.
C.3 Bulk terminals employee level 3 (BT3)
Basic plant operation. At this level the employee has achieved the semi skilled terminal technician level and performs plant operation at the basic level.
C.4 Bulk terminals employee level 4 (BT4)
Intermediate plant operation. At this level the employee has achieved the high skilled terminal technician level and performs plant operation at the intermediate level.
C.5 Bulk terminals employee level 5 (BT5)
Advanced plant operation. At this level the terminal technician has achieved the plant operator’s level for production and maintenance and undertakes advanced plant operation.
C.6 Bulk terminals employee level 6 (BT6)
Basic tradesperson (mechanical/engineering). At this level the terminal technician is the basic tradesperson who has achieved the basic skills required to perform all duties relating to normal terminal operations.
C.7 Bulk terminals employee level 7 (BT7)
Advanced tradesperson (mechanical/engineering). At this level the terminal technician is the advanced tradesperson who has achieved the advanced technical skills required to perform all duties relating to normal terminal operations.
Schedule D—Summary of Hourly Rates of Pay
[Corrected by PR720426; varied by PR718905, PR729346, PR740773, PR762196]
D.1.1 Full-time and part-time field work employees other than shiftworkers—ordinary and penalty rates
[D.1.1 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
|
Ordinary hours |
Weekend |
Public holiday |
|
|
% of minimum hourly rate |
||
|
|
100% |
150% |
250% |
|
|
$ |
$ |
$ |
|
Cultivation/Cane Production (adult) |
|
|
|
|
CPT (Inductee/Trainee) |
22.82 |
34.23 |
57.05 |
|
CP1 (Level 1) |
24.45 |
36.68 |
61.13 |
|
CP2 (Level 2) |
25.26 |
37.89 |
63.15 |
|
Cane Haulage |
|
|
|
|
CHAUT (Inductee/Trainee) |
23.90 |
35.85 |
59.75 |
|
CHAU1 (Level 1) |
24.45 |
36.68 |
61.13 |
|
CHAU2 (Level 2) |
25.26 |
37.89 |
63.15 |
|
Cane Harvesting |
|
|
|
|
CHART (Inductee/Trainee) |
24.45 |
36.68 |
61.13 |
|
CHAR1 (Level 1) |
25.26 |
37.89 |
63.15 |
|
CHAR2 (Level 2) |
26.18 |
39.27 |
65.45 |
|
Cane Testers |
|
|
|
|
CT1 (Level 1) |
22.67 |
34.01 |
56.68 |
|
CT2 (Level 2) |
24.00 |
36.00 |
60.00 |
|
CT3 (Level 3) |
25.26 |
37.89 |
63.15 |
|
CT4 (Level 4) |
26.82 |
40.23 |
67.05 |
D.1.2 Full-time and part-time field work employees other than shiftworkers—overtime rates
[D.1.2 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
Monday to Saturday |
Sunday—all day |
Public holiday |
||
|
First 3 hours |
After 3 hours |
|||
|
% of minimum hourly rate |
||||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
Cultivation/Cane Production (adult) |
|
|||
|
CPT (Inductee/Trainee) |
34.23 |
45.64 |
45.64 |
57.05 |
|
CP1 (Level 1) |
36.68 |
48.90 |
48.90 |
61.13 |
|
CP2 (Level 2) |
37.89 |
50.52 |
50.52 |
63.15 |
|
Cane Haulage |
|
|||
|
CHAUT (Inductee/Trainee) |
35.85 |
47.80 |
47.80 |
59.75 |
|
CHAU1 (Level 1) |
36.68 |
48.90 |
48.90 |
61.13 |
|
CHAU2 (Level 2) |
37.89 |
50.52 |
50.52 |
63.15 |
|
Cane Harvesting |
|
|||
|
CHART (Inductee/Trainee) |
36.68 |
48.90 |
48.90 |
61.13 |
|
CHAR1 (Level 1) |
37.89 |
50.52 |
50.52 |
63.15 |
|
CHAR2 (Level 2) |
39.27 |
52.36 |
52.36 |
65.45 |
|
Cane Testers |
|
|||
|
CT1 (Level 1) |
34.01 |
45.34 |
45.34 |
56.68 |
|
CT2 (Level 2) |
36.00 |
48.00 |
48.00 |
60.00 |
|
CT3 (Level 3) |
37.89 |
50.52 |
50.52 |
63.15 |
|
CT4 (Level 4) |
40.23 |
53.64 |
53.64 |
67.05 |
D.1.3 Full-time and part-time field work shiftworkers—ordinary, penalty rates and overtime
[D.1.3 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
Day |
Afternoon1 |
Night1 |
Public holiday |
Overtime2 Monday to Sunday |
|
|
|
% of minimum hourly rate |
||||
|
|
100% |
112.5% |
115% |
250% |
200% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Cultivation/Cane Production (adult) |
|
|
|
|
|
|
CPT (Inductee/Trainee) |
22.82 |
25.67 |
26.24 |
57.05 |
45.64 |
|
CP1 (Level 1) |
24.45 |
27.51 |
28.12 |
61.13 |
48.90 |
|
CP2 (Level 2) |
25.26 |
28.42 |
29.05 |
63.15 |
50.52 |
|
Cane Haulage |
|
|
|
|
|
|
CHAUT (Inductee/Trainee) |
23.90 |
26.89 |
27.49 |
59.75 |
47.80 |
|
CHAU1 (Level 1) |
24.45 |
27.51 |
28.12 |
61.13 |
48.90 |
|
CHAU2 (Level 2) |
25.26 |
28.42 |
29.05 |
63.15 |
50.52 |
|
Cane Harvesting |
|
|
|
|
|
|
CHART (Inductee/Trainee) |
24.45 |
27.51 |
28.12 |
61.13 |
48.90 |
|
CHAR1 (Level 1) |
25.26 |
28.42 |
29.05 |
63.15 |
50.52 |
|
CHAR2 (Level 2) |
26.18 |
29.45 |
30.11 |
65.45 |
52.36 |
|
Cane Testers |
|
|
|
|
|
|
CT1 (Level 1) |
22.67 |
25.50 |
26.07 |
56.68 |
45.34 |
|
CT2 (Level 2) |
24.00 |
27.00 |
27.60 |
60.00 |
48.00 |
|
CT3 (Level 3) |
25.26 |
28.42 |
29.05 |
63.15 |
50.52 |
|
CT4 (Level 4) |
26.82 |
30.17 |
30.84 |
67.05 |
53.64 |
1 Afternoon shift and night shift are defined in clause 30.2.
2 Overtime for shiftworkers applies to more than one shift worked per day.
D.1.4 Casual field work employees other than shiftworkers—ordinary and penalty rates
[D.1.4 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
Ordinary hours |
Weekend |
Public holiday |
|
|
|
% of minimum hourly rate |
||
|
|
125% |
175% |
275% |
|
|
$ |
$ |
$ |
|
Cultivation/Cane Production (adult) |
|
|
|
|
CPT (Inductee/Trainee) |
28.53 |
39.94 |
62.76 |
|
CP1 (Level 1) |
30.56 |
42.79 |
67.24 |
|
CP2 (Level 2) |
31.58 |
44.21 |
69.47 |
|
Cane Haulage |
|
|
|
|
CHAUT (Inductee/Trainee) |
29.88 |
41.83 |
65.73 |
|
CHAU1 (Level 1) |
30.56 |
42.79 |
67.24 |
|
CHAU2 (Level 2) |
31.58 |
44.21 |
69.47 |
|
Cane Harvesting |
|
|
|
|
CHART (Inductee/Trainee) |
30.56 |
42.79 |
67.24 |
|
CHAR1 (Level 1) |
31.58 |
44.21 |
69.47 |
|
CHAR2 (Level 2) |
32.73 |
45.82 |
72.00 |
|
Cane Testers |
|
|
|
|
CT1 (Level 1) |
28.34 |
39.67 |
62.34 |
|
CT2 (Level 2) |
30.00 |
42.00 |
66.00 |
|
CT3 (Level 3) |
31.58 |
44.21 |
69.47 |
|
CT4 (Level 4) |
33.53 |
46.94 |
73.76 |
D.1.5 Casual field work shiftworkers—ordinary and penalty rates
[D.1.5 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
|
Day |
Afternoon1 |
Night1 |
Public holiday |
||
|
|
% of minimum hourly rate |
|||||
|
|
125% |
137.5% |
140% |
275% |
||
|
|
$ |
$ |
$ |
$ |
||
|
Cultivation/Cane Production (adult) |
|
|
|
|
||
|
CPT (Inductee/Trainee) |
28.53 |
31.38 |
31.95 |
62.76 |
||
|
CP1 (Level 1) |
30.56 |
33.62 |
34.23 |
67.24 |
||
|
CP2 (Level 2) |
31.58 |
34.73 |
35.36 |
69.47 |
||
|
Cane Haulage |
|
|
|
|
||
|
CHAUT (Inductee/Trainee) |
29.88 |
32.86 |
33.46 |
65.73 |
||
|
CHAU1 (Level 1) |
30.56 |
33.62 |
34.23 |
67.24 |
||
|
CHAU2 (Level 2) |
31.58 |
34.73 |
35.36 |
69.47 |
||
|
Cane Harvesting |
|
|
|
|
||
|
CHART (Inductee/Trainee) |
30.56 |
33.62 |
34.23 |
67.24 |
||
|
CHAR1 (Level 1) |
31.58 |
34.73 |
35.36 |
69.47 |
||
|
CHAR2 (Level 2) |
32.73 |
36.00 |
36.65 |
72.00 |
||
|
Cane Testers |
|
|
|
|
||
|
CT1 (Level 1) |
28.34 |
31.17 |
31.74 |
62.34 |
||
|
CT2 (Level 2) |
30.00 |
33.00 |
33.60 |
66.00 |
||
|
CT3 (Level 3) |
31.58 |
34.73 |
35.36 |
69.47 |
||
|
CT4 (Level 4) |
33.53 |
36.88 |
37.55 |
73.76 |
||
1 Afternoon shift and night shift are defined in clause 30.2.
D.2 Milling, distillery, refinery and maintenance employees
[D.2.1 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
NOTE: The hourly rates for ordinary hours in clause 19.1 and Schedule D clauses D.2.1 and D.2.3 as they apply to employees in sugar mills are notionally expressed on the basis of a 38 hour divisor. Where an averaging system is worked in accordance with clause 19.3 the divisor for the purposes of establishing minimum hourly rates for employees in sugar mills is as provided in clauses 19.3(b) and (c). All penalty rates are calculated based on a divisor of 38.
|
Ordinary hours |
Monday to Friday1 |
Public holiday |
||
|
First 3 hours |
After 3 hours |
|||
|
|
% of minimum hourly rate |
|||
|
|
100% |
150% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
C14/L2 |
22.61 |
33.92 |
45.22 |
56.53 |
|
C13/L3 |
23.23 |
34.85 |
46.46 |
58.08 |
|
C12/L4 |
24.08 |
36.12 |
48.16 |
60.20 |
|
C11/L5 |
24.87 |
37.31 |
49.74 |
62.18 |
|
C10/L6 |
26.18 |
39.27 |
52.36 |
65.45 |
|
C9/L7 |
27.01 |
40.52 |
54.02 |
67.53 |
|
C8/L8 |
27.83 |
41.75 |
55.66 |
69.58 |
|
C7/L9 |
28.57 |
42.86 |
57.14 |
71.43 |
|
C6 |
30.02 |
45.03 |
60.04 |
75.05 |
1 Outside the spread of 6.00 am to 6.00 pm.
D.2.2 Adult full-time and part-time milling, distillery, refinery and maintenance employees other than shiftworkers—overtime rates
[D.2.2 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
|
Monday to Saturday or rostered day off |
Sunday—all day |
Public holiday |
|
|
First 3 hours |
After 3 hours |
|||
|
% of minimum hourly rate |
||||
|
|
150% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
|
C14/L2 |
33.92 |
45.22 |
45.22 |
56.53 |
|
C13/L3 |
34.85 |
46.46 |
46.46 |
58.08 |
|
C12/L4 |
36.12 |
48.16 |
48.16 |
60.20 |
|
C11/L5 |
37.31 |
49.74 |
49.74 |
62.18 |
|
C10/L6 |
39.27 |
52.36 |
52.36 |
65.45 |
|
C9/L7 |
40.52 |
54.02 |
54.02 |
67.53 |
|
C8/L8 |
41.75 |
55.66 |
55.66 |
69.58 |
|
C7/L9 |
42.86 |
57.14 |
57.14 |
71.43 |
|
C6 |
45.03 |
60.04 |
60.04 |
75.05 |
[D.2.3 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
NOTE: The hourly rates for ordinary hours in clause 19.1 and Schedule D clauses D.2.1 and D.2.3 as they apply to employees in sugar mills are notionally expressed on the basis of a 38 hour divisor. Where an averaging system is worked in accordance with clause 19.3 the divisor for the purposes of establishing minimum hourly rates for employees in sugar mills is as provided in clauses 19.3(b) and (c). All penalty rates are calculated based on a divisor of 38.
|
|
Day |
Afternoon or night1 |
Non-rotating shiftwork2 |
Public holiday |
||
|
% of minimum hourly rate |
||||||
|
100% |
115% |
130% |
250% |
|||
|
|
$ |
$ |
$ |
$ |
||
|
C14/L2 |
22.61 |
26.00 |
29.39 |
56.53 |
||
|
C13/L3 |
23.23 |
26.71 |
30.20 |
58.08 |
||
|
C12/L4 |
24.08 |
27.69 |
31.30 |
60.20 |
||
|
C11/L5 |
24.87 |
28.60 |
32.33 |
62.18 |
||
|
C10/L6 |
26.18 |
30.11 |
34.03 |
65.45 |
||
|
C9/L7 |
27.01 |
31.06 |
35.11 |
67.53 |
||
|
C8/L8 |
27.83 |
32.00 |
36.18 |
69.58 |
||
|
C7/L9 |
28.57 |
32.86 |
37.14 |
71.43 |
||
|
C6 |
30.02 |
34.52 |
39.03 |
75.05 |
||
1 Afternoon shift and night shift are defined in clause 30.2.
2 Non-rotating shiftwork is continuous afternoon shift or afternoon and night shift without rotation to day shift.
[D.2.4 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
|
Continuous shiftworkers—weekend work1 |
5 day roster—final shift of roster on Sat morning2 |
|||
|
Day shift |
Rotating afternoon/ night shift |
Non-rotating afternoon/ night shift |
Rotating afternoon/ night shift |
Non-rotating afternoon/ night shift |
|
|
% of minimum hourly rate |
|||||
|
150% |
165% |
180% |
165% |
180% |
|
|
|
$ |
$ |
$ |
$ |
$ |
|
C14/L2 |
33.92 |
37.31 |
40.70 |
37.31 |
40.70 |
|
C13/L3 |
34.85 |
38.33 |
41.81 |
38.33 |
41.81 |
|
C12/L4 |
36.12 |
39.73 |
43.34 |
39.73 |
43.34 |
|
C11/L5 |
37.31 |
41.04 |
44.77 |
41.04 |
44.77 |
|
C10/L6 |
39.27 |
43.20 |
47.12 |
43.20 |
47.12 |
|
C9/L7 |
40.52 |
44.57 |
48.62 |
44.57 |
48.62 |
|
C8/L8 |
41.75 |
45.92 |
50.09 |
45.92 |
50.09 |
|
C7/L9 |
42.86 |
47.14 |
51.43 |
47.14 |
51.43 |
|
C6 |
45.03 |
49.53 |
54.04 |
49.53 |
54.04 |
2 5 day roster—final shift of roster on Sat morning - ordinary time worked between midnight Friday and 8.00 am Saturday in accordance with clause 30.7.
NOTE: different rates apply for overtime weekend crushing shifts, see clause 30.7(b).
D.2.5 Adult full-time and part-time milling, distillery, refinery and maintenance employees shiftworkers—overtime rates
[D.2.5 corrected by PR720426 ppc 18Jun20; varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
Shiftwork |
Weekend shift1 |
Public holiday |
|
|
% of minimum hourly rate |
|||
|
200% |
225% |
250% |
|
|
|
$ |
$ |
|
|
C14/L2 |
45.22 |
50.87 |
56.53 |
|
C13/L3 |
46.46 |
52.27 |
58.08 |
|
C12/L4 |
48.16 |
54.18 |
60.20 |
|
C11/L5 |
49.74 |
55.96 |
62.18 |
|
C10/L6 |
52.36 |
58.91 |
65.45 |
|
C9/L7 |
54.02 |
60.77 |
67.53 |
|
C8/L8 |
55.66 |
62.62 |
69.58 |
|
C7/L9 |
57.14 |
64.28 |
71.43 |
|
C6 |
60.04 |
67.55 |
75.05 |
1 Sugar milling shiftworkers working overtime crushing shifts at weekends are entitled to an additional 25% of minimum hourly rate.
D.2.6 Adult casual milling, distillery, refinery and maintenance employees other than shiftworkers—ordinary and penalty rates
[D.2.6 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
|
Ordinary hours |
Monday to Friday1 |
Public holiday |
||||
|
First 3 hours |
After 3 hours |
||||||
|
|
% of minimum hourly rate |
||||||
|
|
125% |
175% |
225% |
275% |
|||
|
|
$ |
$ |
$ |
$ |
|||
|
C14/L2 |
28.26 |
39.57 |
50.87 |
62.18 |
|||
|
C13/L3 |
29.04 |
40.65 |
52.27 |
63.88 |
|||
|
C12/L4 |
30.10 |
42.14 |
54.18 |
66.22 |
|||
|
C11/L5 |
31.09 |
43.52 |
55.96 |
68.39 |
|||
|
C10/L6 |
32.73 |
45.82 |
58.91 |
72.00 |
|||
|
C9/L7 |
33.76 |
47.27 |
60.77 |
74.28 |
|||
|
C8/L8 |
34.79 |
48.70 |
62.62 |
76.53 |
|||
|
C7/L9 |
35.71 |
50.00 |
64.28 |
78.57 |
|||
|
C6 |
37.53 |
52.54 |
67.55 |
82.56 |
|||
1 Outside the spread of 6.00 am to 6.00 pm.
D.2.7 Adult casual milling, distillery, refinery and maintenance employees shiftworkers—ordinary and penalty rates
[D.2.7 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
|
Day |
Afternoon or night1 |
Other than day shift |
Public holiday |
|||
|
|
% of minimum hourly rate |
||||||
|
|
125% |
140% |
155% |
275% |
|||
|
|
$ |
$ |
$ |
$ |
|||
|
C14/L2 |
28.26 |
31.65 |
35.05 |
62.18 |
|||
|
C13/L3 |
29.04 |
32.52 |
36.01 |
63.88 |
|||
|
C12/L4 |
30.10 |
33.71 |
37.32 |
66.22 |
|||
|
C11/L5 |
31.09 |
34.82 |
38.55 |
68.39 |
|||
|
C10/L6 |
32.73 |
36.65 |
40.58 |
72.00 |
|||
|
C9/L7 |
33.76 |
37.81 |
41.87 |
74.28 |
|||
|
C8/L8 |
34.79 |
38.96 |
43.14 |
76.53 |
|||
|
C7/L9 |
35.71 |
40.00 |
44.28 |
78.57 |
|||
|
C6 |
37.53 |
42.03 |
46.53 |
82.56 |
|||
1 Afternoon shift and night shift are defined in clause 30.2.
D.2.8 Adult casual milling, distillery, refinery and maintenance employees shiftworkers—sugar mills—weekend rates
[D.2.8 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
|
Continuous shiftworkers—weekend work1 |
5 day roster—final shift of roster on Sat morning2 |
|||
|
Day shift |
Rotating afternoon/ night shift |
Non-rotating afternoon/ night shift |
Rotating afternoon/ night shift |
Non-rotating afternoon/ night shift |
|
|
% of minimum hourly rate |
|||||
|
175% |
190% |
205% |
190% |
205% |
|
|
|
$ |
$ |
$ |
$ |
$ |
|
C14/L2 |
39.57 |
42.96 |
46.35 |
42.96 |
46.35 |
|
C13/L3 |
40.65 |
44.14 |
47.62 |
44.14 |
47.62 |
|
C12/L4 |
42.14 |
45.75 |
49.36 |
45.75 |
49.36 |
|
C11/L5 |
43.52 |
47.25 |
50.98 |
47.25 |
50.98 |
|
C10/L6 |
45.82 |
49.74 |
53.67 |
49.74 |
53.67 |
|
C9/L7 |
47.27 |
51.32 |
55.37 |
51.32 |
55.37 |
|
C8/L8 |
48.70 |
52.88 |
57.05 |
52.88 |
57.05 |
|
C7/L9 |
50.00 |
54.28 |
58.57 |
54.28 |
58.57 |
|
C6 |
52.54 |
57.04 |
61.54 |
57.04 |
61.54 |
1 Continuous shiftworkers—weekend work - 8 hours in any shift between midnight Friday and midnight Sunday in accordance with clause 30.4.
2 5 day roster—final shift of roster on Sat morning - ordinary time worked between midnight Friday and 8.00 am Saturday in accordance with clause 30.7.
NOTE: different rates apply for overtime weekend crushing shifts, see clause 30.7(b).
D.3 Bulk terminal operation employees
D.3.1 Full-time and part-time bulk terminal operations employees other than shiftworkers—ordinary and penalty rates
[D.3.1 corrected by PR720426 ppc 18Jun20; varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
Ordinary hours |
Monday to Friday – Overtime1 |
Public holiday |
|
|
|
% of minimum hourly rate |
||
|
|
100% |
200% |
250% |
|
|
$ |
$ |
$ |
|
BT1 |
22.61 |
45.22 |
56.53 |
|
BT2 |
23.40 |
46.80 |
58.50 |
|
BT3 |
24.58 |
49.16 |
61.45 |
|
BT4 |
25.99 |
51.98 |
64.98 |
|
BT5 |
26.54 |
53.08 |
66.35 |
|
BT6 |
28.30 |
56.60 |
70.75 |
|
BT7 |
32.27 |
64.54 |
80.68 |
1 Outside the spread of 6.00 am to 6.00 pm.
D.3.2 Full-time and part-time bulk terminal operations shiftworkers—ordinary and penalty rates
[D.3.2 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
Day |
Afternoon or night |
Continuous afternoon or night shift or no rotation to day shift1 |
Public holiday |
|
|
|
% of minimum hourly rate |
|||
|
|
100% |
115% |
130% |
250% |
|
|
$ |
$ |
$ |
$ |
|
BT1 |
22.61 |
26.00 |
29.39 |
56.53 |
|
BT2 |
23.40 |
26.91 |
30.42 |
58.50 |
|
BT3 |
24.58 |
28.27 |
31.95 |
61.45 |
|
BT4 |
25.99 |
29.89 |
33.79 |
64.98 |
|
BT5 |
26.54 |
30.52 |
34.50 |
66.35 |
|
BT6 |
28.30 |
32.55 |
36.79 |
70.75 |
|
BT7 |
32.27 |
37.11 |
41.95 |
80.68 |
1 See clause 30.5.
D.3.3 Full-time and part-time bulk terminal operations—overtime rates
[D.3.3 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
Monday to Sunday |
Public holiday |
|
|
% of minimum hourly rate |
||
|
|
200% |
250% |
|
|
$ |
$ |
|
BT1 |
45.22 |
56.53 |
|
BT2 |
46.80 |
58.50 |
|
BT3 |
49.16 |
61.45 |
|
BT4 |
51.98 |
64.98 |
|
BT5 |
53.08 |
66.35 |
|
BT6 |
56.60 |
70.75 |
|
BT7 |
64.54 |
80.68 |
D.3.4 Casual bulk terminals operations employees other than shiftworkers—ordinary and penalty rates
[D.3.4 corrected by PR720426 ppc 18Jun20; varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
|
Ordinary hours |
Monday to Friday – Overtime1 |
Public holiday |
|
|
|
% of minimum hourly rate |
||
|
|
125% |
225% |
275% |
|
|
$ |
$ |
$ |
|
BT1 |
28.26 |
50.87 |
62.18 |
|
BT2 |
29.25 |
52.65 |
64.35 |
|
BT3 |
30.73 |
55.31 |
67.60 |
|
BT4 |
32.49 |
58.48 |
71.47 |
|
BT5 |
33.18 |
59.72 |
72.99 |
|
BT6 |
35.38 |
63.68 |
77.83 |
|
BT7 |
40.34 |
72.61 |
88.74 |
1 Outside the spread of 6.00 am to 6.00 pm.
D.3.5 Casual bulk terminals operations shiftworkers—ordinary and penalty rates
[D.3.5 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
1 See clause 30.5.
Schedule E—Summary of Monetary Allowances
[Varied by PR718905, PR719057, PR729346, PR729530, PR740773, PR740936, PR750840, PR762196, PR762363]
See clauses 18—Allowances, 20—Allowances and 22—Allowances for full details of allowances payable under this award.
E.1 Wage-related allowances
[E.1.1 varied by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
E.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum hourly rate for C10/L6 classification in clause 19.1 = $26.18.
|
Clause |
% of standard rate |
$ |
Payable |
|
|
Field sector |
|
|
|
|
|
Work in water and cleaning drains |
18.2(a) |
4.47 |
1.17 |
per hour |
|
Milling, distillery, refinery and maintenance |
|
|
|
|
|
Applying obnoxious substances |
20.2(a)(i) |
3.49 |
0.91 |
per hour |
|
Working with or in close proximity to asbestos allowance |
20.2(b)(i) |
3.3 |
0.86 |
per hour |
|
Boiler cleaning—engine driver |
20.2(d)(i) |
8.2 |
2.15 |
per hour |
|
Brick cutting |
20.2(e) |
2.55 |
0.67 |
per hour |
|
Carting and/or handling cement |
20.2(f)(i) |
15.55 |
4.07 |
per day |
|
Chimney stacks—cleaning and tarring or painting—first 4 hours |
20.2(g)(i) |
20.74 |
5.43 |
per first 4 hours or any portion thereof |
|
Chimney stacks—cleaning and tarring or painting—per hour thereafter |
20.2(g)(ii) |
4.25 |
1.11 |
per hour |
|
Chipping rollers with pneumatic chisels—per hour |
20.2(h) |
3.76 |
0.98 |
per hour |
|
Chipping rollers with pneumatic chisels—minimum per day |
20.2(h) |
19.13 |
5.01 |
minimum per day |
|
Cleaner, greaser or oiler—stops or starts engine under supervision |
20.2(i) |
148.0 |
38.75 |
per week |
|
Cleaning dirty machinery |
20.2(j) |
2.55 |
0.67 |
per hour |
|
Cleaning dirty molasses tanks |
20.2(k) |
2.55 |
0.67 |
per hour |
|
Cleaning under carrier |
20.2(l) |
2.55 |
0.67 |
per hour |
|
Confined spaces |
20.2(m) |
3.49 |
0.91 |
per hour |
|
Employee handling building blocks—over 5.5 kg to 9 kg |
20.2(n)(i) |
2.87 |
0.75 |
per hour |
|
Employee handling building blocks—over 9 kg to 18 kg |
20.2(n)(ii) |
4.92 |
1.29 |
per hour |
|
Employee handling building blocks—over 18 kg |
20.2(n)(iii) |
7.15 |
1.87 |
per hour |
|
First aid allowance |
20.2(o) |
59.59 |
15.60 |
per week |
|
Grinding shredder hammer—minimum of 4 hours |
20.2(p) |
2.26 |
0.59 |
per hour with 4 hour minimum |
|
Handling molasses |
20.2(q) |
2.78 |
0.73 |
per hour |
|
Height money—15.24 m to 22.86 m |
20.2(r)(i) |
1.66 |
0.43 |
per hour |
|
Height money—more than 22.86 m |
20.2(r)(ii) |
2.55 |
0.67 |
per hour |
|
High pressure cleaning machine |
20.2(s) |
2.55 |
0.67 |
per hour |
|
Crushing season—juice superheaters |
20.2(u)(i) |
3.4 |
0.89 |
per hour |
|
Insulation work—working in dust-laden atmosphere—insulating, deafening or pugging work |
20.2(v)(i) |
3.49 |
0.91 |
per hour |
|
Insulation work—handling charcoal, pumice, slagwool, insulwool or other loose material |
20.2(v)(ii) |
3.29 |
0.86 |
per hour |
|
Insulation work—using hot bitumen or fixing insulation materials with hot bitumen |
20.2(v)(iii) |
3.49 |
0.91 |
per hour |
|
Lagging steam pipes |
20.2(w) |
2.55 |
0.67 |
per hour |
|
Operating jackhammers—per hour |
20.2(x) |
2.55 |
0.67 |
per hour |
|
Operating jackhammers—minimum per day |
20.2(x) |
13.11 |
3.43 |
minimum per day |
|
Pressure welding allowance |
20.2(y) |
126.94 |
33.23 |
per week |
|
Re-bagging lime—general mill workers |
20.2(z)(i) |
2.78 |
0.73 |
per hour |
|
Re-bagging lime—shovelling or handling bagged lime—all workers |
20.2(z)(ii) |
2.78 |
0.73 |
per hour |
|
Repair work—tradespersons |
20.2(aa) |
3.51 |
0.92 |
per hour |
|
Shot blast or sand blast |
20.22(bb) |
2.55 |
0.67 |
per hour |
|
Spot welding mill rollers—in operation while crushing in progress |
20.2(cc)(i) |
19.87 |
5.20 |
per hour |
|
Spot welding mill rollers—during crushing season while crushing not in progress |
20.2(cc)(ii) |
9.97 |
2.61 |
per hour |
|
Spot welding mill rollers—automatic spot welding during crushing season while crushing in progress |
20.2(cc)(iii) |
10.13 |
2.65 |
per hour |
|
Spot welding mill rollers—automatic spot welding during crushing season while crushing not in progress |
20.2(cc)(iv) |
5.07 |
1.33 |
per hour |
|
Work in water and cleaning drains at a depth of 76.2cm or more |
20.2(ee) |
2.24 |
0.59 |
per hour |
|
Bulk sugar terminal operations |
|
|
|
|
|
First aid allowance |
22.2(a) |
99.11 |
25.95 |
per week |
|
Workplace co-ordinators allowance |
22.2(b) |
1.65 |
0.43 |
per hour |
E.1.2 Adjustment of wage-related allowances
[E.1.2 renamed and substituted by PR750840 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.
E.2 Expense-related allowances
[E.2.1 varied by PR719057, PR729530, PR740936, PR762363 ppc 01Jul23]
E.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 18.3, 20.3 and 22.3:
|
Clause |
$ |
Payable |
|
|
Field sector |
|
|
|
|
Vehicle allowance |
18.3(a) |
0.95 |
per km |
|
Milling, distillery, refinery and maintenance |
|
|
|
|
Meal allowance—overtime |
20.3(a) |
16.81 |
per occasion |
|
Tool allowance—tradespersons |
20.3(b) |
25.57 |
per week |
|
Vehicle allowance |
20.3(e) |
0.95 |
per km |
|
Bulk sugar terminal operations |
|
|
|
|
Meal allowance—overtime |
22.3(a) |
21.06 |
per occasion |
|
Tool allowance—tradespersons |
22.3(b) |
28.35 |
per week |
|
Vehicle allowance |
22.3(c) |
0.95 |
per km |
E.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense related allowance relevant to each industry sector will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Tool allowance |
Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group |
|
Vehicle allowance |
Private motoring sub-group |
Schedule F—School-based Apprentices
F.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
F.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training contract for an apprentice declared or recognised by the relevant State or Territory authority.
F.4 For the purposes of clause F.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
F.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
F.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
F.7 The duration of the apprenticeship must be as specified in the training contract for each apprentice but must not exceed 6 years.
F.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency based progression.
F.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
F.10 If an apprentice converts from school-based to full-time, the successful completion of competencies and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
F.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule G—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969]
G.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.
G.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.
G.3 Eligibility criteria
G.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.
G.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.
G.4 Supported wage rates
G.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 G.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[G.4.2 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
G.4.2 Provided that the minimum amount payable must be not less than $102 per week.
G.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
G.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.
G.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.
G.6 Lodgement of SWS wage assessment agreement
G.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.
G.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.
G.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.
G.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.
G.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.
G.10 Trial period
G.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.
G.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.
[G.10.3 varied by PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]
G.10.3 The minimum amount payable to the employee during the trial period must be no less than $102 per week.
G.10.4 Work trials should include induction or training as appropriate to the job being trialled.
G.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 G.5.
Schedule H—National Training Wage
[Corrected by PR720426; varied by PR718905, PR729346, PR740773, PR743448, PR762196]
H.1 Definitions
H.1.1 In this schedule:
adult trainee means a trainee who would qualify for the highest minimum wage in wage level A, B or C if covered by that wage level.
approved training, in relation to a trainee, means the training specified in the training contract of the trainee.
Australian Qualifications Framework (AQF) means the national framework for qualifications in post-compulsory education and training.
relevant State or Territory training authority means a body in the relevant State or Territory that has power to approve traineeships, and to register training contracts, under the relevant State or Territory vocational education and training legislation.
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Apprenticeship and Traineeship Act 2001 (NSW);
Education and Training Reform Act 2006 (Vic);
Training and Skills Development Act 2008 (SA);
Training and Skills Development Act 2016 (NT);
Training and Tertiary Education Act 2003 (ACT);
Training and Workforce Development Act 2013 (Tas);
Vocational Education and Training Act 1996 (WA);
Further Education and Training Act 2014 (Qld).
trainee means an employee undertaking a traineeship under a training contract.
traineeship means a system of training that:
(a) has been approved by the relevant State or Territory training authority; and
(b) meets the requirements of a training package developed by the relevant Skills Service Organisation and endorsed by the Australian Industry and Skills Committee; and
(c) leads to an AQF certificate level qualification.
training contract means an agreement for a traineeship made between an employer and an employee that is registered by the relevant State or Territory training authority.
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification that have been endorsed for an industry or enterprise by the Australian Industry and Skills Committee.
wage level A, B or C see clause H.4.
Year 10 includes any year before Year 10.
H.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at 1 January in each year and is taken to:
(a) include any period of schooling beyond Year 10 that was not part of, or did not contribute to, a completed year of schooling; and
(b) include any period during which a trainee repeats, in whole or part, a year of schooling beyond Year 10; and
(c) not include any period during a calendar year after the completion during that year of a year of schooling.
H.2.1 Subject to clauses H.2.2 to H.2.5, this schedule applies to an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are allocated to a wage level by clause H.6 or by clause H.4.4.
H.2.3 This schedule does not apply to:
(a) the apprenticeship system; or
(b) qualifications not identified in training packages; or
(c) qualifications in training packages that are not identified as appropriate for a traineeship.
H.2.5 This schedule ceases to apply to an employee at the end of the traineeship.
H.3 Types of traineeship
The following types of traineeship are available:
H.3.1 A full-time traineeship based on 38 ordinary hours per week, with 20% of those hours being approved training;
H.3.2 A part-time traineeship based on fewer than 38 ordinary hours per week, with 20% of those hours being approved training provided:
(a) wholly on the job; or
(b) partly on the job and partly off the job; or
(c) wholly off the job.
[H.4 substituted by PR718905, PR729346, PR740773, PR762196 ppc 01Jul23]
H.4.1 Minimum weekly rates for full-time traineeships
The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause H.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
|
Column 1 Experience level of trainee |
Column 2 Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
384.30 |
423.10 |
503.30 |
|
Plus 1 year out of school |
423.10 |
503.30 |
585.70 |
|
Plus 2 years out of school |
503.30 |
585.70 |
681.60 |
|
Plus 3 years out of school |
585.70 |
681.60 |
780.40 |
|
Plus 4 years out of school |
681.60 |
780.40 |
|
|
Plus 5 or more years out of school |
780.40 |
|
|
NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1(a).
The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause H.6.2 is the weekly rate specified in Column 2 of Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
|
Column 1 Experience level of trainee |
Column 2 Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
384.30 |
423.10 |
490.50 |
|
Plus 1 year out of school |
423.10 |
490.50 |
564.20 |
|
Plus 2 years out of school |
490.50 |
564.20 |
661.80 |
|
Plus 3 years out of school |
564.20 |
661.80 |
754.70 |
|
Plus 4 years out of school |
661.80 |
754.70 |
|
|
Plus 5 or more years out of school |
754.70 |
|
|
NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1(b).
The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause H.6.3 is the weekly rate specified in Column 2 of Table 3—Wage level C minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
|
Column 1 Experience level of trainee |
Column 2 Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per week |
per week |
per week |
|
|
$ |
$ |
$ |
|
School leaver |
384.30 |
423.10 |
490.50 |
|
Plus 1 year out of school |
423.10 |
490.50 |
554.70 |
|
Plus 2 years out of school |
490.50 |
554.70 |
619.70 |
|
Plus 3 years out of school |
554.70 |
619.70 |
690.20 |
|
Plus 4 years out of school |
619.70 |
690.20 |
|
|
Plus 5 or more years out of school |
690.20 |
|
|
NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1(c).
(d) AQF Certificate Level IV traineeships
(i) The minimum rate for a full-time trainee undertaking an AQF Certificate Level IV traineeship is the minimum rate for the relevant full-time AQF Certificate Level III traineeship increased by 3.8%.
(ii) The minimum rate for a full-time adult trainee undertaking an AQF Certificate Level IV traineeship is the weekly rate specified in column 2 or 3 of Table 4—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship) according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level IV traineeship specified in column 1:
Table 4—Minimum weekly rate for full-time adult trainees (AQF Certificate Level IV traineeship)
|
Column 1 Wage level |
Column 2 First year of traineeship |
Column 3 Second and subsequent years of traineeship |
|
|
per week |
per week |
|
|
$ |
$ |
|
A |
810.00 |
840.80 |
|
B |
783.40 |
813.20 |
|
C |
716.50 |
743.60 |
NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1(d).
H.4.2 Minimum hourly rates for part-time traineeships
The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause H.6.1 is the hourly rate specified in column 2 of Table 5—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
|
Column 1 Experience level of trainee |
Column 2 Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
12.64 |
13.92 |
16.55 |
|
Plus 1 year out of school |
13.92 |
16.55 |
19.27 |
|
Plus 2 years out of school |
16.55 |
19.27 |
22.42 |
|
Plus 3 years out of school |
19.27 |
22.42 |
25.68 |
|
Plus 4 years out of school |
22.42 |
25.68 |
|
|
Plus 5 or more years out of school |
25.68 |
||
NOTE: See clause H.4.2(f) for calculating the actual minimum wage. See also clause H.4.3 for other minimum wage provisions that affect clause H.4.2(a).
The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause H.6.2 is the hourly rate specified in Column 2 of Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
|
Column 1 Experience level of trainee |
Column 2 Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
12.64 |
13.92 |
16.14 |
|
Plus 1 year out of school |
13.92 |
16.14 |
18.56 |
|
Plus 2 years out of school |
16.14 |
18.56 |
21.77 |
|
Plus 3 years out of school |
18.56 |
21.77 |
24.83 |
|
Plus 4 years out of school |
21.77 |
24.83 |
|
|
Plus 5 or more years out of school |
24.83 |
||
NOTE: See clause H.4.2(f) for calculating the actual minimum wage. See also clause H.4.3 for other minimum wage provisions that affect clause H.4.2(b).
The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause H.6.3 is the hourly rate specified in Column 2 of Table 7—Wage level C minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
|
Column 1 Experience level of trainee |
Column 2 Highest year of schooling completed |
||
|
|
Year 10 |
Year 11 |
Year 12 |
|
|
per hour |
per hour |
per hour |
|
|
$ |
$ |
$ |
|
School leaver |
12.64 |
13.92 |
16.14 |
|
Plus 1 year out of school |
13.92 |
16.14 |
18.24 |
|
Plus 2 years out of school |
16.14 |
18.24 |
20.39 |
|
Plus 3 years out of school |
18.24 |
20.39 |
22.70 |
|
Plus 4 years out of school |
20.39 |
22.70 |
|
|
Plus 5 or more years out of school |
22.70 |
||
NOTE: See clause H.4.2(f) for calculating the actual minimum wage. See also clause H.4.3 for other minimum wage provisions that affect clause H.4.2(c).
The minimum hourly rate for a part-time trainee who works ordinary hours and is undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause H.6 is the hourly rate in column 1 or 2 of Table 8—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship) according to the year of schooling of the trainee.
|
Column 1 Year 11 or lower |
Column 2 Year 12 |
|
per hour |
per hour |
|
$ |
$ |
|
12.64 |
13.92 |
NOTE: See clause H.4.2(f) for calculating the actual minimum wage. See also clause H.4.3 for other minimum wage provisions that affect clause H.4.2(d).
(e) AQF Certificate Level IV traineeships
(ii) The minimum hourly rate for a part-time adult trainee undertaking an AQF Certificate Level IV traineeship is the hourly rate in column 2 or 3 of Table 9—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship), according to the year of the traineeship specified in those columns and the relevant wage level for the relevant AQF Certificate Level III traineeship specified in column 1:
Table 9—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)
|
Column 1 Wage level |
Column 2 First year of traineeship |
Column 3 Second and subsequent years of traineeship |
|
|
per hour |
per hour |
|
|
$ |
$ |
|
A |
26.65 |
27.65 |
|
B |
25.77 |
26.75 |
|
C |
23.57 |
24.46 |
NOTE: See clause H.4.2(f) for calculating the actual minimum wage. See also clause H.4.3 for other minimum wage provisions that affect clause H.4.2(e).
(f) Calculating the actual minimum wage
(i) If fewer than 38 (or an average of 38) ordinary hours of work per week is considered full-time at the workplace by the employer, the appropriate minimum hourly rate for a part-time trainee is obtained by multiplying the relevant minimum hourly rate in clauses H.4.2(a) to H.4.2(e) by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) If the approved training for a part-time traineeship is provided wholly off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum hourly rate in clauses H.4.2(a) to H.4.2(e) applies to each ordinary hour worked by the trainee.
(iii) If the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum hourly rate in clauses H.4.2(a) to H.4.2(e) minus 20% applies to each ordinary hour worked by the trainee.
H.4.3 Other minimum wage provisions
[H.4.3(a) varied by PR743448 ppc 11Jul22]
(a) Clause H.4.3 applies despite anything to the contrary in clause H.4.2 or H.4.4.
(c) For the purpose of determining whether a trainee has suffered a reduction as mentioned in clause H.4.3(b), casual loadings are to be disregarded.
(d) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, if a higher minimum wage is provided for the new AQF certificate level.
The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by clause H.6 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to wage level B.
H.5 Employment conditions
H.5.1 A trainee undertaking a school-based traineeship may agree to be paid an additional loading of 25% on all ordinary hours worked instead of being paid annual leave, paid personal/carer’s leave, paid compassionate leave and paid absence on public holidays. However, if the trainee works on a public holiday, the public holiday provisions of this award apply.
H.5.2 A trainee is entitled to be released from work without loss of pay and without loss of continuity of employment to attend any training and assessment specified in, or associated with, the training contract.
H.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses H.4.2(f)(ii) and H.4.2(f)(iii) and not by clause H.5.3.
H.5.5 Subject to clause H.2.4, this award applies to a trainee in the same way that it applies to an employee who is not a trainee except as otherwise expressly provided by this schedule.
H.6 Allocation of traineeships to wage levels
The wage levels applying to training packages and their AQF certificate levels are:
|
Training package |
AQF certificate level |
|
Business Services |
I, II, III |
|
Electrotechnology |
I, II, III |
|
Food Processing Industry |
III |
|
Information and Communications Technology |
II, III |
|
Laboratory Operations |
II, III |
|
Manufacturing |
I, II, III |
|
Metal and Engineering (Technical) |
III |
|
Training and Assessment |
III |
|
Transport and Logistics |
III |
|
Training package |
AQF certificate level |
|
Food Processing Industry |
I, II |
|
Sugar Milling |
I, II, III |
|
Transport and Logistics |
I, II |
|
Training package |
AQF certificate level |
|
Agriculture, Horticulture and Conservation and Land Management |
I, II, III |
Schedule I—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 J—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 K—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: ________________________________________
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR720705, PR723048, PR728080, PR736911; deleted by PR746868 ppc 17Oct22]
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