FWO - external award viewer · Library

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

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

3. Definitions and interpretation

[Varied by PR733965]

3.1 In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship.

apprentice means an employee who is bound by a contract of training registered with the appropriate State or Territory training authority.

[Definition of casual employee inserted by PR733965 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

Commission means the Fair Work Commission or any successor organisation.

default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth).

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

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

employer or company means Herald & Weekly Times Pty Limited.

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

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 Fair Work Act 2009 (Cth).

Non Technology Redundancy means a redundancy which is not a Technology Redundancy which includes but is not limited to redundancies caused by loss of business, economic downturn, rationalisation or closure of operations or part of an operation.

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.

rate of pay means an employee's award weekly rate of pay, plus the weekly average of shift allowances, personal margins, service payments and weekend penalties, but excluding overtime, over the period of 12 months immediately preceding termination, redeployment or relocation whichever is applicable.

standard rate means the minimum wage for a Printing Machinist 1 in clause 16.

Technology Redundancy means a redundancy which arises solely from the introduction of new or updating of existing technology.

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

4. Coverage

4.1 This enterprise award will cover:

(a) the Herald & Weekly Times Pty Limited; and

(b) those employees who are employed in the classifications specified in this award.

4.2 This award will not cover staff appointed by the company to management positions.

4.3 This award does not cover an employee excluded from award coverage by the Act.

4.4 This award covers any employer which supplies labour on an on-hire basis in the enterprise set out in clause 4.1 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the enterprise set out at clause 4.1 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. This subclause operates subject to the exclusions from coverage in this award.

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

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Award flexibility

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

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

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

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

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

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

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

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

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

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

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

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

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

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

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

7.8 The agreement may be terminated:

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

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

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

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

Part 2—Consultation and Dispute Resolution

8. Consultation

8.1 Consultation regarding major workplace change

(a) Employer to notify

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

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

(b) Employer to discuss change

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

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

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

8.2 Consultation about changes to rosters or hours of work

(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.

(b) The employer must:

(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and

(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

9. Dispute resolution

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

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

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

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

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

9.6 A delegate and any affected employee(s) must be allowed a reasonable period of paid time off during working hours for the purpose of holding discussions with any duly accredited union officials in relation to the resolution of the dispute, provided that such discussions do not adversely affect normal production.

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

9.8 Training leave

(a) A chapel or other employee representative will be entitled to up to five days' paid training leave each calendar year, non-cumulative, to attend courses conducted by an accredited training provider, approved by the union, which are directed at the enhancement of the operation of dispute settling machinery.

(b) Each chapel or employee representative on dispute settling training leave, in accordance with clause 9.8(a), shall be paid the classification rate, over award payment and shift loading which otherwise would have been payable.

(c) A chapel or other employee representative will give the employer reasonable notice of his/her intention to attend such a course and the nature, content and duration of the course. The taking of leave will be arranged having regard to the operational requirement of the employer.

(d) All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided in this clause shall be the responsibility of the employee or the union.

(e) Leave of absence granted pursuant to this clause shall count as service for all purposes of the award.

Part 3—Types of Employment and Termination of Employment

10. Casual employment

[Varied by PR733965]

This part of the award applies only to casual employees.

10.1 Hours and rates

(a) For the purpose of this section of the award, day work shall be work performed between 6.00 am and 6.00 pm. Night work shall be work performed between 6.00 pm and "finish".

(b) A casual employee shall be paid for work performed as follows:

(i) The minimum payment shall be for four hours if on day work and for five hours if on night work, save and except for casual employees employed as inserters when the minimum payments shall be for three hours on day work and for four hours on night work.

(ii) For the hours rostered in conjunction with the normal daily hours being worked by permanent staff in the department, at the wage rate prescribed in clause 16.1 for the classification in which employed plus one third, thereafter double such wage rate.

(iii) For work performed between noon and the finish of any shift started before 5.00 pm on public holidays prescribed in clause 26, at the wage rate prescribed in clause 16.1 for the classification in which employed plus one half, such payment to be for not less than five hours.

(iv) Where the greater part of the shift worked falls between 6.00 pm Saturday and 6.00 am Sunday, payments shall be made at double the wage rate prescribed for the classification in clause 16.1.

(v) For all work performed on special editions as defined in clause 26.6(b) at double the wage rate prescribed in clause 16.1 for the classification in which employed.

(vi) A penalty of forty per cent of the ordinary permanent employee's day classification rate shall be paid for time worked on a shift the major portion of which is worked between the hours of midnight Friday and midnight Sunday. This penalty payment shall be calculated separately and will not apply to the night differential or to the calculation of overtime.

10.2 Call

(a) If a casual employee is called for work on special editions payment shall be made at double the wage rate prescribed in clause 16.1 for the classification in which employed, for two hours and for a minimum of four hours work.

(b) If a casual employee is sent for or required to attend the office for ordinary work and such employee's services are not availed of, payment shall be the equivalent of four hours work at the appropriate casual rate.

10.3 Standing time

Standing time, excluding any time taken off for meals not exceeding one hour, shall be regarded as time worked and shall be paid for as such.

10.4 Good Friday and Christmas Day

(a) All time worked on Good Friday and Christmas Day publications shall be deemed to be equivalent to a shift worked of not less than five hours and shall be paid for at double the wage rate prescribed for the classification in which employed.

(b) Casual employees deriving their livelihood solely from the newspaper industry who have been continuously and regularly employed for four or more shifts each week during the previous twelve months shall be paid for the equivalent of four hours day or five hours night for Good Friday and Christmas Day.

10.5 Accident pay

(a) When a casual employee is incapacitated through an accident arising out of or in the course of employment such time (covered by a medical certificate) absent from duty as a result of the injury shall be paid for up to a maximum period of thirteen weeks from the date of the accident.

(b) Payment shall be at a weekly rate equal to average earnings for the immediately preceding thirteen weeks, less the weekly payments received under relevant workers compensation legislation.

(c) The company's liability under this clause shall only arise where the employee is in receipt of weekly payments under relevant workers compensation legislation. After the expiration of thirteen weeks from the date of the accident, any employee if still incapacitated shall receive only the sum provided for under relevant workers compensation legislation.

(d) If a casual employee receives any accident pay pursuant to this clause, and recovers damages in a claim at common law in respect of wages lost as a result of incapacity for work, such accident pay shall be refunded to the company.

10.6 Annual holidays

Upon request a casual employee whose livelihood is derived solely from the newspaper industry shall be granted four weeks' annual holidays for each 48 weeks of service. Such holidays shall be paid for at the average weekly earnings for the 48 weeks to which the holidays relate. All other casuals shall be paid weekly four forty-eighths of the gross wages paid in each week in lieu of paid annual holidays.

10.7 This award shall apply to casual employees, with the exception of clauses 11, 12, 13, 22, 26, and 28.2. Provided that clause 22.3 shall apply to casual employees and clauses 23.2, 23.4 and 23.5 will not apply to casuals employed as inserters.

10.8 Offers and requests for casual conversion

[10.8 inserted by PR733965 ppc 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 9—Dispute resolution.

11. Part-time employment

11.1 A regular part-time employee is a permanent employee engaged as such to work less than:

(a) 37 hours for employees on day shift; or

(b) 36 hours for employees on afternoon or night shift, per week of ordinary time on a reasonably predictable and ongoing basis.

11.2 A regular part-time employee shall be engaged for a minimum of four (4) consecutive hours on any rostered shift.

11.3 The minimum hourly rate of pay for a regular part-time employee shall be the minimum hourly rate under clause 16.1 for a full-time employee in the same classification as the regular part-time employee (i.e. the applicable minimum award rate of pay divided by the award ordinary hours for a relevant full-time employee).

11.4 This award shall apply to part-time employees, with the exception of clauses 10, 12, 16.1 and 22.2. Where appropriate, application of the award shall be on a pro-rata basis.

11.5 Regular part-time employees will have their hours determined at the commencement of their employment.

11.6 The hours of a regular part-time employee may be varied by agreement between the employee and the employer or by the employer in the same manner as for permanent employees as set out in clause 22.4.

11.7 Hours worked beyond the employee’s rostered shift on any rostered days will be overtime and paid as such.

11.8 Despite clause 24, by agreement between the company and an employee, a regular part-time employee may in addition to their rostered shift or shifts in a week, work an unrostered shift or shifts as ordinary time, provided that any hours worked in excess of the ordinary hours per week as set out in clause 22.4(a) will be paid as overtime.

12. Apprentices

This part of the award applies only to apprentices.

12.1 The conditions set out in this clause apply to all apprentices and prevail to the extent of any inconsistency over the relevant legislation and any regulation made pursuant to it.

12.2 Wage rates

(a) The wages paid to an apprentice shall be the following percentages of the rates for Printing Machinist and Pre-Press Operator 1:

Year of Apprenticeship	% of relevant rate for non-Year 12 School Leaver	% of relevant rate for Year 12 School Leaver
Year 1	50	55
Year 2	60	65
Year 3	75	75
Year 4	90	90

12.3 Progression at the conclusion of apprenticeship

At the conclusion of the apprenticeship the apprentice will move to the relevant Grade 1 rate for a period of not more than three months, when, provided they have demonstrated the ability to carry out the relevant functions, they will move to a higher grade.

12.4 Hours of work

Apprentices will not ordinarily be required to work other than day shift until they have completed TAFE or College attendance.

12.5 Annual leave loading

Apprentices when going on annual leave will receive a loading of 17.5% of the ordinary rate of pay for the period of the leave.

12.6 Public Holidays

(a) Apprentices will be entitled to leave with pay on public holidays as per the NES.

(b) Where in a State, Territory or locality, public holidays are declared or prescribed on days other than those set out in the NES, those days shall constitute additional holidays for the purpose of this award.

(c) The company, with the agreement of the relevant union, may substitute another day for any prescribed in this clause.

(i) The company and its employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement.

(ii) An agreement pursuant to clause 12.6(c)(i) above shall be recorded in writing and be available to every affected employee.

(iii) The relevant union shall be informed of an agreement pursuant to clause 12.6(c)(i) and may within seven days refuse to accept it. The union will not unreasonably refuse to accept the agreement.

(iv) If the relevant union, pursuant to clause 12.6(c)(iii), refuses to accept an agreement, the parties will seek to resolve their differences to the satisfaction of the company, the employees and the union.

(v) If no resolution is achieved pursuant to clause 12.6(c)(iv), the company may apply to the Commission for approval of the agreement reached with its employees. Such an application must be made fourteen or more days before the prescribed holiday. After giving the company and the relevant union an opportunity to be heard, the Commission will determine the application.

13. Termination of employment

13.1 Notice of termination by company

(a) This clause supplements the notice of termination provided for in the NES.

(b) Notification of technology redundancies

The employer will give each affected individual employee a minimum of 4 weeks notice prior to the termination of the employee's employment on the ground of a Technology Redundancy, which is inclusive of the NES entitlement.

(c) Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the company making payment for the remainder of the period of notice.

(d) In calculating any payment in lieu of notice, the wages an employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.

(e) The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first fourteen days, neglect of duty or misconduct and in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.

13.2 Notice of termination by an employee

(a) The notice of termination required to be given by an employee is the same as that required of the company, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

(b) If an employee fails to give notice the company has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.

14. Redundancy

14.1 This clause supplements redundancy pay provided for in the NES.

14.2 A casual employee who has worked an average of 21 hours per week over the previous 12 months ('eligible casual') but who is not a casual publishing inserter ('Employees') is also entitled to redundancy under this award.

14.3 An employee whose employment is terminated on the grounds of redundancy will receive a total severance and redundancy payment calculated according to the following formula, which will be inclusive of the NES entitlement.

(a) 2 weeks pay, in the first instance, and in addition

(b) 4 weeks pay for each completed year of continuous service.

The payments referred to in these clauses shall be calculated pro rata for each completed month of service.

14.4 Redundancy payments under this clause will be calculated on an employee's rate of pay as defined in clause 3.

14.5 Permanent part-time employees and eligible casual employees shall receive pro rata redundancy payments.

14.6 Permanent part-time employees shall have their period of service calculated from the time of their appointment as a permanent part-time employee, unless they had an entitlement as an eligible casual prior to such appointment and in those circumstances their service as an eligible casual will be taken into account.

14.7 No employee shall be entitled under these provisions to a payment greater than he/she would have received in wages had they remained in employment until the age of 65 years.

14.8 For employees who commenced on or after 1 July 1970, the maximum redundancy entitlement will be a sum equivalent to the employee's rate of pay as defined for 112 weeks.

14.9 In addition to a redundancy payment, an employee whose employment is terminated on the ground of Technology Redundancy will receive:

(a) a pro rata long service leave payment in accordance with the relevant industrial award, industrial agreement or statute after 5 years continuous service;

(b) if a member of NewSuper (formally Newsplan - Group Retirement and Assurance Plan), the Herald Pension Fund, or the News Limited Group Superannuation Fund, the employee will receive the payment provided for by the relevant fund trust deed;

(c) entitlements to annual leave in accordance with the relevant industrial award, agreement or statute.

Part 4—Minimum Wages and Related Matters

15. Classification

15.1 Printing Machining

(a) Grade 1 - a tradesperson who has completed a trade certificate course.

(b) Grade 2 - a tradesperson who has the qualifications of Grade 1 and who has completed six months’ satisfactory service or has the equivalent to trade qualification in rotary webfed Lithographic printing machining.

(c) Grade 3 - a tradesperson who, in addition to being able to carry out the duties specified for Grades 1 and 2 has successfully completed at least fifty per cent of a TAFE accredited post-trade course, or Advanced Certificate, in printing machining equivalent to at least two years’ part-time study, or a tradesperson who, by successful completion of an on-site testing process, demonstrates the ability to perform competently the same tasks, or in undertaking on-site training on computer assisted multi-colour webfed Lithographic printing machines producing process colour work to precise registration and definition.

(d) Grade 4 - a tradesperson, who in addition to being able to carry out the duties specified for Grade 1, 2 and 3, has successfully completed all the requirements for the award of a TAFE accredited post-trade, or Advanced Certificate, course in printing machining at least equivalent to two years part-time study, and who demonstrates over a period of not more than three months an ability to carry out this class of work: or who has successfully completed on-site training in the function and operations of computer assisted multi-colour webfed Lithographic printing machines producing process colour work to precise registration and definition.

15.2 Production Assistants

(a) A Production Assistant (I) is to be trained in all aspects of non-trades duties including reel preparation, automatic and manual reel handling, reel rewinding, loading and unloading of pallets, mechanical lifting (other than fork lift, general assistance and housekeeping duties to all departments as requested.)

(b) A Production Assistant (II) is a person who after three months employment is capable of carrying out all the duties of a Production Assistant (I) and who may hold a current licence to operate a fork lift and/or current rigging and scaffolding certificate and/or current crane chasers certificate.

15.3 Publishing Operators

A person trained to operate and adjust all Publishing Room equipment, and when necessary direct other employees in the efficient operation of the equipment. Other employees refers to employees working at a classification below Publishing Operator.

15.4 Pre-Press Operators

(a) A Pre-Press Operator II may be employed on any function of image preparation and plate preparation as specified in the State Training Board (Printing Trades) Regulations with the inclusion of facsimile operation.

(b) A Pre-Press Operator I may be employed on plate or image preparation and in assisting Pre-Press Operator II as required.

16. Minimum wages

[Varied by PR567616, PR579923, PR592229, PR606452, PR707564, PR718944, PR729390, PR740815, PR762235]

16.1 Minimum wage rates

[16.1(a) varied by PR567616, PR579923, PR592229, PR606452, PR707564, PR718944, PR729390, PR740815, PR762235 ppc 01Jul23]

(a) Full-time employees shall be paid the following Minimum Weekly Award Rate:

Classification	Minimum Weekly Award Rate
	$
Production Assistant 1	877.10
Production Assistant 2	935.40
Publishing Operator	982.60
Printing Machinist 1	995.00
Pre Press Operator 1	995.00
Printing Machinist 2	1035.40
Pre Press Operator 2	1035.40
Printing Machinist 3	1076.00
Printing Machinist 4	1149.90

16.2 Supported wage system

See Schedule A.

16.3 National training wage

See Schedule C.

17. Allowances

[Varied by PR568176, PR579641, PR592379, PR606602, PR704193, PR707772, PR719096, PR729569, PR740975, PR750878, PR762406]

17.1 Graphic Reproducer II – four colour imposition work

An allowance of 1.63% of the standard rate per shift shall be paid to a Graphic Reproducer II when required to perform four colour imposition work which involves combining negatives with in-house material as part of four-colour process work.

17.2 Automatic adjustment of wage-related allowances

[New 17.2 inserted by PR750878 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.

17.3 Meal allowance

[17.2 varied by PR568176, PR579641, PR592379, PR606602, PR704193, PR707772, PR719096, PR729569, PR740975; renumbered as 17.3 by PR750878 ppc 15Mar23; 17.3 varied by PR762406 ppc 01Jul23]

A meal allowance of $18.81 shall be paid to an employee on each occasion when the employee in any shift has been required to take a second meal away from home, takes a meal period for the purpose and resumes work after the second meal period.

17.4 Adjustment of expense related allowances

[17.3 renumbered as 17.4 by PR750878 ppc 15Mar23]

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

[17.4(b) varied by PR568176 ppc 01Jul15]

(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 subgroup

18. Accident pay

When an employee is incapacitated through an accident arising out of or in the course of employment such time (covered by Medical Certificate) absent from duty as a result of the injury shall be paid for up to a maximum period of 52 weeks less the sum received under the compulsory insurance provided for under relevant legislation, provided that the company's liability under this clause ceases when no payments are being made under such compulsory insurance.

19. Higher duties

19.1 The company may direct an employee to carry out such duties as are within the limits of the employees skill, competence and training consistent with the classification of this award provided that such duties are not designed to promote de-skilling.

19.2 If during a shift employees are required to perform work of a classification higher than that on which they are ordinarily employed they shall be paid for the shift the rate prescribed for such higher classification.

19.3 If during a shift employees are required to perform work of a classification lower than that on which they are ordinarily employed, they shall be paid for the shift the rate prescribed for their ordinary classification.

20. Payment of wages

20.1 All wages will be paid weekly by electronic funds transfer into an account nominated by the employee with a bank or financial institution recognised by the company.

21. Superannuation

[Varied by PR771401]

21.1 Superannuation legislation

[21.1 substituted by PR771401 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 21 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.

21.2 Employer contributions

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

21.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 21.2.

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

(c) The employer must pay the amount authorised under clauses 21.3(a) or (b) at no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.

21.4 Superannuation fund

[21.4 varied by PR771401 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 21.2 and pay any amount authorised under clauses 21.3(a) or 21.3(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) Media Super; or

(b) AustralianSuper; or

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

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

21.5 A superannuation fund or scheme which the employee is a defined benefit member of

The employer shall make contributions as follows in respect of each employee who is a defined benefit member of a superannuation fund or scheme:

(a) Non - contributory membership of a superannuation fund or scheme the employee is a defined benefit member of

Contributions by the employer will be made in accordance with the requirements of the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 and associated regulations as amended from time to time.

(b) Contributory membership of a superannuation fund or scheme the employee is a defined benefit member of

The employer will pay an additional contribution equal to 3% of wages (as defined in the Rules of the fund), and pay whatever additional contributions are required for the employer-funded defined benefits provided by the fund, in accordance with the Rules of the fund and to comply with legislation.

Part 5—Hours of Work and Related Matters

22. Ordinary hours of work and rostering

22.1 Hours of work

This part of the award shall apply to all employees except casual employees and apprentices who have their hours of work set out in clauses 10 and 12.

22.2 Ordinary hours of work

(a) Ordinary hours shall not exceed 37 hours (day) and 36 hours (night and afternoon) per week.

(b) Ordinary time shall be worked in five shifts in each week.

(c) A shift shall not exceed eight hours at ordinary time.

(d) A permanent employee shall be entitled to be paid the wage prescribed in this award for their classification even if not required to work the maximum number of ordinary hours prescribed in clause 22.2(c) hereof.

(e) Insufficient break

If an employee is required to resume work after a break of less than ten hours on day work, or of less than twelve hours on night work when the normal shift finishes after midnight, the time worked after the break shall be regarded as part of the period of time worked prior to the break and shall be paid for as such.

22.3 Spread of hours

(a) Day work shall be performed at any time between the hours of 6.00 am and 6.00 pm.

(b) Night work shall be:

(i) work performed at any time between 6.00 pm and 6.00 am;

(ii) work performed on a shift which commences earlier than 6.00 am.

(c) Where the greater number of hours on a shift is worked after 6.00 pm the night rate shall apply for the whole shift.

(d) All work performed within ordinary rostered hours of work at night, including work on Sundays, public holidays and after midnight as part of the shift, shall be regarded as work on the next day's publication for all purposes of this award.

(e) Except as provided for in clause 22.3(c) hereof, all ordinary time worked after 6.00 pm in continuation of a shift commenced before 6.00 pm, shall be paid for at day rate plus the hourly night differential computed by dividing the night work differential prescribed in clause 25.1(a)(i) hereof by the prescribed hours for night work.

22.4 Starting times

(a) A schedule of departmental starting times on a form to be approved and comprising the existing starting times of the various sections of the employees in each of the respective departments shall be observed.

(b) In normal circumstances, when it is found necessary to alter any schedule of departmental starting times, three clear days notice shall be given to the employees concerned.

(c) This requirement shall not apply in circumstances where the need to vary starting times could not have been foreseen three days in advance. In such circumstances at least twenty-four hours notice shall be given to the employees concerned.

(d) In order to provide for publication schedules and time off, including the contingencies of the five-shift week, accident and sick leave, holidays, etc, any individual member of the department may be called upon to commence at any of the times set out in the departmental schedule of starting times, provided that if the number of employees scheduled for such times be exceeded the additional employees shall be paid time extra from the actual time of starting duty to the starting time according to the schedule applying in each respective case.

(e) Such additional employees to be taken from a rotating roster suitable to the company, of the type of labour required.

(f) In the event of a lesser number of employees than provided for in the departmental schedule of starting times being started, thereby causing the number of employees so short to begin duty later through any reason other than to give an employee a ten hour break for day work and a twelve hour break for night work, then the number of employees short of the departmental quota shall be paid ordinary rate from the departmental starting time.

(g) Fifteen minutes shall be allowed each day or night to all employees in the Machine Department or Production Assistants involved in the Machine Department when they are involved in excessively dirty work; and such time shall be considered as forming part of their working time. Such time, in the allowance of "dirt" time, as involves overtime, shall be paid for at ordinary rate.

23. Breaks

23.1 An employee shall not be required to work more than five hours without a break for a meal, except where it is necessary, at the discretion of the company, to meet production requirements, in which event double rate shall be paid for the meal period foregone and, if possible, twenty minutes for a meal shall be allowed, and if taken, it shall be in the company's time. The meal period shall be of not less than thirty minutes or more than forty five minutes duration.

23.2 Where the actual break taken provided in clause 23.1 involves a reduction in the meal period, double rate shall be paid for the time by which such period is reduced.

23.3 The maximum penalty payment under this clause shall be double rate for the meal period which has been changed or to which the penalty relates.

23.4 At the end of a shift where the work of a section within a department can be completed within another thirty minutes then up to 5.5 hours from the resumption from the previous meal period may be worked without the payment of a penalty.

23.5 A second meal penalty shall not be incurred in personal wash-up time.

24. Overtime and penalty rates

24.1 Overtime

(a) For the purpose of calculating hourly overtime rates the divisors of 37 hours (day) and 36 hours (night) shall apply, where applicable.

(b) For all time worked in excess of daily shift hours as rostered overtime rates shall be paid as follows:

(i) For the first two hours - rate and a half;

(ii) Thereafter - double rate.

(c) For all time worked in excess of the hours as rostered weekly maximum number of hours, day or night, overtime rates shall be paid as follows:

(i) For the first six hours - rate and a half;

(ii) Thereafter - double rate.

(d) The amount payable for overtime worked in any week shall be the amount prescribed in clauses 24.1(b) or (c) hereof, whichever is the greater.

(e) Overtime payments for time worked after 6.00 pm shall be at night rate.

(f) Overtime payments for time worked after 6.00 am on a shift starting before 6.00 am shall be a night rate.

(g) The applicable rate of overtime for work in excess of the weekly maximum number of hours shall be determined by the majority of hours paid for at ordinary rate. For example:

(i) If half or more than half the time worked in any week, excluding time worked in excess of shift, is paid for at night rate, any overtime over the week shall be paid for at night rate.

(ii) If half or more than half the time worked in any week, excluding time worked in excess of shift, is paid for at day rate, any overtime over the week shall be paid for at day rate.

24.2 Weekend work

(a) Rosters will be based on five shifts over seven days, as required.

(b) A penalty of forty per cent of the employees classification rate, including night rate where applicable, shall be paid for time worked on a shift the major portion of which is worked between the hours of midnight Friday and midnight Sunday. Except for the hours worked after 4.00 pm Saturday and up to 5.00 pm Sunday, when a rate of double time will apply.

25. Shiftwork

25.1 Night work

(a) The following amounts shall be paid to employees for night work in addition to the wage rates prescribed in clause 16.1 of this award.

(i) Printing Machinist - an amount equivalent to 17.5 per cent of the wage rate of a Printing Machinist 1 as adjusted from time to time. If the actual time of commencing or finishing a shift is between the hours of 11.30 pm and 5.00 am the rate shall be 20 per cent.

(ii) Pre-Press Operator - 17.5 of the Grade 2 rate, as adjusted from time to time. If the actual time of commencing or finishing a shift is between the hours of 11.30 pm and 5.00 am the rate shall be 20 per cent.

(iii) The Production Assistant 1 rate will be the rate for all casual employees.

(b) Adjustments in the amounts prescribed in this clause shall be calculated to the nearest $0.05 any broken part of $0.05 in the result not exceeding $0.02 to be disregarded.

25.2 Call

(a) If an employee is recalled for duty by any type of message from the company without prior notice, after having left the place of employment, payment shall be made at double rate for two hours in addition to double rate for the time worked.

(b) Time for which payment is provided under clause 22.1 of this award shall not be regarded as a call.

25.3 Sixth shift

If an employee works a sixth or further shift in any one week, payment shall be made at double rate for such sixth or further shift with a minimum of six hours.

25.4 If an employee is retained to do any additional work after the ordinary finishing time, such additional time shall in no way be considered to be a call, a sixth or further shift, rather it shall be treated as a continuation of the original shift and paid as such, including at overtime rates where applicable under Part 5—Hours of Work and Related Matters of this award.

25.5 Method of claim and computation

(a) Subject to clause 25.5(a) hereof, time worked on a call, or a sixth or further shift shall be charged by the employee on a separate time sheet and shall stand alone, in no way affecting or complicating any computation in regard to the ordinary working week provided that a penalty shall be paid in accordance with clause 22.2(e) if after any such shift or shifts the employee is required to resume work before the expiration of seven hours. In no circumstances shall more than double rate be paid for time worked.

(b) If an employee is called and commences duty at a time which is not more than one and half hours before the normal starting time payment shall be made for the period worked prior to such normal starting time in accordance with clause 25.2 hereof and the normal shift shall be paid for at ordinary rate.

Part 6—Leave and Public Holidays

26. Annual leave and Public holidays

26.1 Annual leave is provided for in the NES. This clause supplements the NES.

26.2 A permanent employee will accrue six weeks and three days consecutively of annual holidays for annual leave and in lieu of all public holidays other than Good Friday and Christmas Day per year of service. This entitlement is inclusive of the NES entitlement.

26.3 To facilitate the application of the prescribed period of annual holidays:

(a) On each occasion when annual holidays are taken, they are to begin at the end of a working week.

(b) Annual holidays and other leave rosters are to be so arranged as to minimise the number of employees absent from any section at the same time.

(c) Any change of rostered annual holidays and/or other leave at the request of the employee is to be encompassed within this section.

(d) Up to 10 days in the total entitlement may be taken as single days by mutual agreement.

(e) For work performed on New Year's Day, a day off will be granted at a mutually convenient time within three months. Work performed on New Year's Day, or a day in lieu, will not attract a penalty payment or annual leave loading.

26.4 Payment to a permanent employee shall be made as follows:

(a) For Annual Holidays provided in clause 26.2 hereof at the average of the weekly wages (excluding overtime and penalty payments but including weekend penalties for thirteen full working weeks immediately preceding the annual holiday) plus 17-1/2 per cent.

(b) For Good Friday and Christmas Day at the average of the weekly wages (excluding overtime and all penalties) for the thirteen full working weeks immediately preceding the public holidays.

26.5 Each permanent employee shall be entitled to be absent from their employment without deduction of pay on Good Friday and Christmas Day, or on such other days or nights as may be substituted therefore at the convenience of the company, and each of such days shall be deemed to be equivalent to a normal shift at ordinary rate, which shall be allowed in determining any overtime charges prescribed in this award. Where an employee works on the day so substituted, they shall be paid in accordance with clause 26.7.

26.6 Notwithstanding the above, any employee required by Management shall attend for work for:

(a) Ordinary issues of daily papers when Christmas Day as defined falls on Saturday or Monday; or

(b) Special issues of daily papers on other Christmas Days and Good Fridays;

(c) Maintenance of essential services.

26.7 Where an employee is required to perform duty under clause 26.6 hereof payment shall be made for a minimum shift of seven hours at ordinary rate in addition to the week's wages, plus a day or night off within three months at the convenience of the company or payment in lieu if mutually agreed.

26.8 Work performed under clause 26.6 hereof shall be charged by the employee on a separate time sheet, and shall stand alone, in no way affecting or complicating any computation in regard to the ordinary working week, provided that a penalty shall be paid in accordance with clause 22.2(e) if after any such shift or shifts the employee is required to resume work before the expiration of seven hours.

26.9 If the State or Federal Government gazettes one or more days of particular significance as a special holiday or holidays any one of such days in each calendar year shall be regarded by the company as a public holiday and time worked shall be paid for at double rate.

26.10 Wherever possible, returned servicemen and servicewomen shall be granted leave on Anzac Day without loss of pay.

27. Personal/carer’s leave and compassionate leave

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

27.2 This clause of the award supplements the provisions of the NES which deal with personal/carer’s leave and compassionate leave.

27.3 The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. (The entitlements of casual employees are set out in the NES).

27.4 A permanent employee will be entitle to receive personal/carer’s leave per year on the following scale which is inclusive of the NES entitlement:

(a) In each of the first two twelve-month periods:

(i) Full pay for the first two weeks

(ii) Half pay for the next two weeks

(iii) Quarter pay for the next two weeks

(b) Thereafter:

(i) Full pay for the first four weeks

(ii) Half pay for the next four weeks

(iii) Quarter pay for the next four weeks

27.5 The employee’s personal/carer’s leave pay shall be calculated on the basis of the employee’s average weekly earnings (excluding overtime and other penalty payments) for the preceding 13 full working weeks.

27.6 The period or periods of absence in any current twelve monthly personal leave period shall be aggregated for the computation of personal/carer’s leave pay.

27.7 Accumulation of personal/carer’s leave

(a) In addition to the scale of paid personal/carer’s leave provided in clause 27.4, the employee, when absent, shall receive payment for accumulated personal leave on the following conditions:

(i) The employee shall carry forward as accumulated personal/carer’s leave any of the full pay entitlement specified in clause 27.4(a) which was not allowed to the employee as paid personal/carer’s leave in the year to which it relates.

(ii) The employee shall carry forward as accumulated personal/carer’s leave three quarters of the full pay entitlement specified in clause 27.4(b) which was not allowed to the employee as paid personal/carer’s leave in the year to which it relates.

(iii) The maximum accumulated personal/carer’s leave entitlement in any year shall be the number of days carried forward in accordance with clauses 27.7(a)(i) and 27.7(a)(ii).

(iv) For the computation of personal/carer’s leave payments and of further accumulations of personal/carer’s leave, personal/carer’s leave accumulated under this paragraph shall rank immediately after the full pay entitlement set out in clauses 27.4(a) and 27.4(b).

(v) The number of days of accumulated personal/carer’s leave available to the employee at any time shall be calculated to the nearest whole number.

(b) When on personal/carer’s leave an employee may request in writing that wages be posted weekly to a home address.

27.8 Absence from duty

Any employees who absent themselves from duty without leave or instruction shall have deducted from their weekly wage a sum calculated at the hourly rate for the actual working time lost during such absence.

27.9 Evidence supporting claim

(a) When taking leave for personal illness or injury, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.

(b) When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.

(c) When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

28. Community service leave

28.1 Community service leave is provided for in the NES.

28.2 Jury Service

Employees summoned to attend any court of law as jurors shall not, because of such attendance, receive less than their normal rate of pay after taking into account the amount received for the jury service, provided the employees furnish proof to the company of the jury call and return to work immediately they are discharged from such jury service.

29. Parental leave

Parental Leave is provided for in the NES.

30. Community service leave

30.1 Community service leave is provided for in the NES. This clause supplements the NES.

30.2 Employees summoned to attend any court of law as jurors shall not, because of such attendance, receive less than their normal rate of pay after taking into account the amount received for the jury service, provided the employees furnish proof to the company of the jury call and return to work immediately they are discharged from such jury service.

Schedule A—Supported Wage System

[Varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969]

A.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.

[A.2 varied by PR568050 ppc 01Jul15]

A.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

A.3 Eligibility criteria

A.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.

A.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.

A.4 Supported wage rates

A.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 A.5) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

[A.4.2 varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]

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

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

A.5 Assessment of capacity

A.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 Supported Wage System 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.

A.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.

A.6 Lodgement of SWS wage assessment agreement

A.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.

A.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.

A.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 supported wage system.

A.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.

A.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.

A.10 Trial period

A.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 four weeks) may be needed.

A.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.

[A.10.3 varied by PR568050, PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969 ppc 01Jul23]

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

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

A.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 A.5.

Schedule B—School-based Apprentices

B.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.

B.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.

B.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

B.4 For the purposes of clause B.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.

B.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.

B.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.

B.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.

B.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency-based progression, if provided for in this award.

B.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression, if provided for in this award. 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.

B.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) 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.

B.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule C—National Training Wage

[Varied by PR567616, PR579923, PR592229, PR594055, PR606452, PR707564 , PR718944, PR729390, PR740815, PR762235]

C.1 Title

This is the National Training Wage Schedule.

C.2 Definitions

In this schedule:

adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level

approved training means the training specified in the training contract

Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training

out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(c) not include any period during a calendar year in which a year of schooling is completed

relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation

relevant State or Territory vocational education and training legislation means the following or any successor legislation:

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; or

Western Australia: Vocational Education and Training Act 1996

trainee is an employee undertaking a traineeship under a training contract

traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification

training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority

training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package

year 10 includes any year before Year 10

C.3 Coverage

C.3.1 Subject to clauses C.3.2 to C.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 to this schedule or by clause C.5.4 of this schedule.

C.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix C1 to this schedule.

C.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

C.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

C.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.

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

C.4 Types of Traineeship

The following types of traineeship are available under this schedule:

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

C.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.

C.5 Minimum Wages

[C.5 substituted by PR567616, PR579923, PR592229; corrected by PR594055; substituted by PR606452, PR707564, PR718944, PR729390, PR740815, PR762235 ppc 01Jul23]

C.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:

	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

(b) Wage Level B

	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

	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

(d) AQF Certificate Level IV traineeships

(i) Subject to clause C.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clause C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per week	per week
	$	$
Wage Level A	810.00	840.80
Wage Level B	783.40	813.20
Wage Level C	716.50	743.60

C.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:

	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

(b) Wage Level B

	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

	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

(d) School-based traineeships

Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix C1 are as follows when the trainee works ordinary hours:

Year of schooling
Year 11 or lower	Year 12
per hour	per hour
$	$
12.64	13.92

(e) AQF Certificate Level IV traineeships

(i) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

(ii) Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per hour	per hour
	$	$
Wage Level A	26.65	27.65
Wage Level B	25.77	26.75
Wage Level C	23.57	24.46

(f) Calculating the actual minimum wage

(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule applies to each ordinary hour worked by the trainee.

(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses C.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

C.5.3 Other minimum wage provisions

(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.

C.5.4 Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix C1 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.

C.6 Employment conditions

C.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer’s leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.

C.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

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

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

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

Appendix C1: Allocation of Traineeships to Wage Levels

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

C1.1 Wage Level A

Training package	AQF certificate level
Aeroskills	II
Aviation	I II III
Beauty	III
Business Services	I II III
Chemical, Hydrocarbons and Refining	I II III
Civil Construction	III
Coal Training Package	II III
Community Services	II III
Construction, Plumbing and Services Integrated Framework	I II III
Correctional Services	II III
Drilling	II III
Electricity Supply Industry—Generation Sector	II III (in Western Australia only)
Electricity Supply Industry—Transmission, Distribution and Rail Sector	II
Electrotechnology	I II III (in Western Australia only)
Financial Services	I II III
Floristry	III
Food Processing Industry	III
Gas Industry	III
Information and Communications Technology	I II III
Laboratory Operations	II III
Local Government (other than Operational Works Cert I and II)	I II III
Manufactured Mineral Products	III
Manufacturing	I II III
Maritime	I II III
Metal and Engineering (Technical)	II III
Metalliferous Mining	II III
Museum, Library and Library/Information Services	II III
Plastics, Rubber and Cablemaking	III
Public Safety	III
Public Sector	II III
Pulp and Paper Manufacturing Industries	III
Retail Services (including wholesale and Community pharmacy)	III
Telecommunications	II III
Textiles, Clothing and Footwear	III
Tourism, Hospitality and Events	I II III
Training and Assessment	III
Transport and Distribution	III
Water Industry (Utilities)	III

C1.2 Wage Level B

Training package	AQF certificate level
Animal Care and Management	I II III
Asset Maintenance	I II III
Australian Meat Industry	I II III
Automotive Industry Manufacturing	II III
Automotive Industry Retail, Service and Repair	I II III
Beauty	II
Caravan Industry	II III
Civil Construction	I
Community Recreation Industry	III
Entertainment	I II III
Extractive Industries	II III
Fitness Industry	III
Floristry	II
Food Processing Industry	I II
Forest and Forest Products Industry	I II III
Furnishing	I II III
Gas Industry	I II
Health	II III
Local Government (Operational Works)	I II
Manufactured Mineral Products	I II
Metal and Engineering (Production)	II III
Outdoor Recreation Industry	I II III
Plastics, Rubber and Cablemaking	II
Printing and Graphic Arts	II III
Property Services	I II III
Public Safety	I II
Pulp and Paper Manufacturing Industries	I II
Retail Services	I II
Screen and Media	I II III
Sport Industry	II III
Sugar Milling	I II III
Textiles, Clothing and Footwear	I II
Transport and Logistics	I II
Visual Arts, Craft and Design	I II III
Water Industry	I II

C1.3 Wage Level C

Training package	AQF certificate level
Agri-Food	I
Amenity Horticulture	I II III
Conservation and Land Management	I II III
Funeral Services	I II III
Music	I II III
Racing Industry	I II III
Rural Production	I II III
Seafood Industry	I II III

Details

Title: Printing Industry—Herald & Weekly Times—Production Award 2015
Code: MA000126

Effective:

Updated:

Instrument Type: Modern Award

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MA000126

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