Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
Part 2—Consultation and Dispute Resolution
Part 3—Types of Employment and Termination of Employment
Part 4—Minimum Wages and Related Matters
13. Classifications and minimum wages
Part 5—Hours of Work and Related Matters
20. Ordinary hours of work and rostering
22. Overtime and penalty rates
Part 6—Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
SCHEDULE A—TRANSITIONAL PROVISIONSSCHEDULE B—SUPPORTED WAGE SYSTEM
SCHEDULE C—NATIONAL TRAINING WAGE
APPENDIX C1:ALLOCATION OF TRAINEESHIPS TO WAGE LEVELS
SCHEDULE D—2014 PART-DAY PUBLIC HOLIDAYS
SCHEDULE E—SCHOOL-BASED APPRENTICES
Horse and Greyhound Training Award 2010
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 18 June 2015 (PR566675) and 18 June 2015 (PR566816).
Clauses affected by the most recent variations:
Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/205;AM2014/300;AM2014/301;AM2014/306;AM2015/1;AM2015/2
Table of Contents
[Varied by PR988388,PR532630,PR544519,PR546288,PR553195,PR557581]
Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
Part 2—Consultation and Dispute Resolution
Part 3—Types of Employment and Termination of Employment
Part 4—Minimum Wages and Related Matters
13. Classifications and minimum wages
Part 5—Hours of Work and Related Matters
20. Ordinary hours of work and rostering
22. Overtime and penalty rates
Part 6—Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
Schedule A—Transitional Provisions
Schedule B—Supported Wage System
Schedule C—National Training Wage
Appendix C1:Allocation of Traineeships to Wage Levels
Schedule D—2014 Part-day Public Holidays
Schedule E—School-based apprentices
Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
This award is the Horse and Greyhound Training Award 2010.
2. Commencement and transitional
[Varied by PR988388,PR542128]
2.1 This award commences on 1 January 2010.
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 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:
●minimum wages and piecework rates
●casual or part-time loadings
●Saturday,Sunday,public holiday,evening or other penalties
●shift allowances/penalties.
[2.4 varied by PR542128 ppc 04Dec13]
2.4 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.
[2.5 varied by PR542128 ppc 04Dec13]
2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.
[2.6 varied by PR542128 ppc 04Dec13]
2.6 The Fair Work Commission may review the transitional arrangements:
(a) on its own initiative;or
(b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or
(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or
(d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.
3. Definitions and interpretation
[Varied by PR994304,PR997772,PR503610,PR545963,PR557536]
3.1 In this award,unless the contrary intention appears:
[Definition of Act substituted by PR994304 from 01Jan10]
Act means the Fair Work Act 2009 (Cth)
[Definition of adult apprentice inserted by PR557536 ppc 10Nov14]
adult apprentice means a person of 21 years of age or over at the time of entering into a training contract
[Definition of agreement-based transitional instrument inserted by PR994304 from 01Jan10]
agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of apprentice inserted by PR557536 ppc 10Nov14]
apprentice includes an adult apprentice
[Definition of apprentice jockey inserted by PR557536 ppc 10Nov14]
apprentice jockey means a person who is employed as an apprentice jockey and is undertaking a recognised apprenticeship to acquire the skills and knowledge required to achieve a jockey licence. All employment conditions and allowances in this award apply to apprentice jockeys when they are undertaking duties described in the award. This award does not cover apprentice jockeys when they are undertaking work in accordance with a trial or race riding arrangement for which they receive payment. For example,if an apprentice jockey is engaged in race riding at a race meeting for which they receive a payment they would not be entitled to wages or allowances under the award in respect of their attendance at the race meeting and undertaking that work
[Definition of award-based transitional instrument inserted by PR994304 from 01Jan10]
award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Commission deleted by PR994304 from 01Jan10]
[Definition of default fund employee inserted by PR545963 ppc 01Jan14]
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)
[Definition of defined benefit member inserted by PR545963 ppc 01Jan14]
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
[Definition of Division 2B State award inserted by PR503610 ppc 01Jan11]
Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Division 2B State employment agreement inserted by PR503610 ppc 01Jan11]
Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of employee substituted by PR994304,PR997772 from 01Jan10]
employee means national system employee within the meaning of the Act
[Definition of employer substituted by PR994304,PR997772 from 01Jan10]
employer means national system employer within the meaning of the Act
[Definition of enterprise award deleted by PR994304 from 01Jan10]
[Definition of enterprise award-based instrument inserted by PR994304 from 01Jan10]
enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of exempt public sector superannuation scheme inserted by PR545963 ppc 01Jan14]
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
horse and greyhound training industry means the business,calling or occupation of the training and preparation of animals for the thoroughbred,trotting,harness and greyhound racing industries and covers the functions of pre-training,grooming,feeding,handling,stabling and exercising of animals,the cleaning,care and maintenance of stables and associated training equipment and the care and leading in of horses at race meetings
[Definition of MySuper product inserted by PR545963 ppc 01Jan14]
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
[Definition of NAPSA deleted by PR994304 from 01Jan10]
[Definition of NES substituted by PR994304 from 01Jan10]
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
[Definition of on-hire inserted by PR994304 from 01Jan10]
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
stable foreman means a stablehand appointed to be in charge of or directing the work of not less than three stablehands
stablehand means a person (including a jockey) employed in the horse and greyhound training industry engaged in connection with the training and preparation of horses and engaged in grooming,feeding,handling,stabling and exercising of horses and the cleaning,care and maintenance of stables and associated training equipment and the caring of and leading in of horses at race meetings
standard rate means the minimum weekly wage for the stable foreman classification in clause 13—Classifications and minimum wages
[Definition of track rider substituted by PR557536 ppc 10Nov14]
track rider means a person who is engaged to ride track work exclusively and may be a jockey other than a jockey who has an established arrangement with the employer with respect to race riding
trainer means a person employed to oversee all aspects of training a horse or greyhound
training assistant means a person employed to perform general duties in the horse and greyhound training industry being duties which are not within the duties of any other classification in this award including general labouring,cleaning,minor maintenance duties incidental or peripheral to cleaning,ordering supplies,receiving deliveries and basic clerical work
[Definition of transitional minimum wage instrument inserted by PR994304 from 01Jan10]
3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.
[Varied by PR994304]
4.1 This industry award covers employers throughout Australia in the horse and greyhound training industry and their employees in the classifications listed in clause 13—Classifications and minimum wages to the exclusion of any other modern award.
4.2 The award does not cover an employee excluded from award coverage by the Act.
[4.3 substituted by PR994304 from 01Jan10]
4.3 The award does not cover 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.
[New 4.4 inserted by PR994304 from 01Jan10]
4.4 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.
[4.5 inserted by PR994304 from 01Jan10]
4.5 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.
[4.6 inserted by PR994304 from 01Jan10]
4.6 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.
[4.4 renumbered as 4.7 by PR994304 from 01Jan10]
4.7 Where an employer is covered by more than one award,an employee of that employer is covered by the 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.
[Varied by PR994304,PR542128]
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 varied by PR542128 ppc 04Dec13]
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
[7.3(b) substituted by PR994304 from 01Jan10;varied by PR542128 ppc 04Dec13]
[7.4 substituted by PR994304 from 01Jan10]
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 deleted by PR994304 from 01Jan10]
[7.6 renumbered as 7.5 by PR994304 from 01Jan10]
7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
[New 7.6 inserted by PR994304 from 01Jan10]
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:
[7.8(a) varied by PR542128 ppc 04Dec13]
[Note inserted by PR542128 ppc 04Dec13]
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)).
[New 7.9 inserted by PR542128 ppc 04Dec13]
7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.
[7.9 renumbered as 7.10 by PR542128 ppc 04Dec13]
7.10 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 regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]
8.1 Consultation regarding major workplace change
(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.
[Varied by PR994304,PR542128]
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 varied by PR994304,PR542128 ppc 04Dec13]
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 varied by PR994304,PR542128 ppc 04Dec13]
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 varied by PR994304,PR542128 ppc 04Dec13]
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 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.
Part 3—Types of Employment and Termination of Employment
[Varied by PR567221]
10.1 Subject to clause 10.4 and except as hereinafter provided employment must be by the week. It must be clearly indicated by the employer whether the employee is engaged on a full-time,part-time or casual basis.
10.2 Probationary employment
(a) An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee’s suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed four weeks.
(b) A probationary employee is for all purposes of the award a full-time or part-time employee.
(c) Probationary employment forms part of an employee’s period of continuous service for all purposes of the award,except where otherwise specified in the award.
[10.2(d) deleted by PR567221;10.2(e) renumbered as 10.2(d),substituted by PR567221 ppc XX Month 2015]
(a) Where an employee has given or been given notice,the employee will continue in the employment until the date of expiration of such notice. Any employee who,having given or been given notice,is absent from work without reasonable cause (proof of which will lie on the employee) during such period will be deemed to have abandoned the employment and will not be entitled to payment for work done by the employee within that period.
10.3 Part-time employment
A part-time employee means an employee who works a regular pattern of hours from week to week which is less than the standard ordinary hours in any week. The terms of this award apply pro rata for part-time employees on the basis that ordinary weekly hours for full-time employees are 38.
(a) A casual employee is to be employed by the hour and the employment of a casual employee may be terminated at any time.
(b) Casual employees may only be engaged in the following circumstances:
(i) to meet short term work needs;or
(ii) to carry out work in emergency circumstances;or
(iii) to perform work unable to be practicably rostered to a permanent employee.
(c) A casual employee working ordinary time must be paid the appropriate minimum wage prescribed in clause 13—Classifications and minimum wages,calculated hourly plus a loading of 25% but will not be entitled to any of the leave or public holiday benefits applying to full-time employees. The loading constitutes part of the casual employee’s all-purpose rate.
(d) A casual employee who has been employed on a regular pattern of hours in 12 consecutive weeks must after that time have the right to elect to be engaged as a permanent employee if the employment on a regular pattern of hours continues into the next consecutive week. Any eligible employee that elects to convert must thereafter be treated for all purposes of this award as a full-time or part-time employee,as the case may be.
(e) An employee must not be engaged or re-engaged as a casual employee under this clause to avoid any obligation under this award.
(f) A casual employee must be engaged:
(i) for a minimum daily period of three hours;and
(ii) not more than once on each day.
(g) If a casual employee is given notice or dismissed at other than the normal place of employment the employee must be entitled to transport or return fares to the usual place of employment.
11.1 Notice of termination is provided for in the NES.
11.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award,or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by the clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
[Varied by PR994304,PR503610,PR561478]
12.1 Redundancy pay is provided for in the NES.
12.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy,the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may,at the employer’s option,make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
12.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice,but is not entitled to payment instead of notice.
12.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment,the employee must,at the request of the employer,produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 11.3.
12.5 Transitional provisions –NAPSA employees
[12.5 substituted by PR994304;renamed by PR503610;deleted by PR561478 ppc 05Mar15]
12.6 Transitional provisions –Division 2B State employees
[12.6 inserted by PR503610;deleted by PR561478 ppc 05Mar15]
Part 4—Minimum Wages and Related Matters
13. Classifications and minimum wages
13. Classifications and minimum wages
[Varied by PR988388,PR997887,PR509039,PR522870,PR536673,PR551596,PR557536,PR566675]
13.1 The minimum weekly wages for adults will be the following:
[13.1 varied by PR997887,PR509039,PR522870,PR536673,PR551596;PR557536 ppc 10Nov14,PR566675 ppc 01Jul15]
Classification | Minimum weekly wage |
$ | |
Stable employee (on commencement with employer) | 656.90 |
Stablehand Grade 1 (after three months’continuous employment with the employer) | 675.90 |
Stablehand Grade 2 (who has at least two years in the industry and whose duties are above those required of a Grade 1 employee) | 701.80 |
Track rider | 701.80 |
Stable foreman | 764.90 |
Training assistant | 788.80 |
Trainer | 834.60 |
Apprentice jockey (minimum wage payable to an apprentice jockey is to be calculated by applying the relevant percentage in clause 13.6(a),(b) &(c) to the track rider minimum weekly wage) |
13.2 Deductions from wages
Where board and lodging are provided for permanent employees on or adjacent to the employer’s property the employer may deduct from the employee’s earnings a reasonable amount to be mutually agreed upon as the charge for such board and lodging.
13.3 Junior employees
(a) The minimum weekly wage to be paid to any unapprenticed employee,including any probationary apprentice,under 21 years of age,is a percentage of the relevant minimum wage in clause 13.1 determined in accordance with the following table:
Age | Percentage |
15 and under 16 years | 55 |
16 and under 17 years | 60 |
17 and under 18 years | 65 |
18 and under 19 years | 70 |
19 and under 20 years | 80 |
20 years of age | 95 |
(b) Such percentage is to be rounded to the nearest 10 cents.
(c) If required by the employer an employee must produce either a birth certificate or a statutory declaration as to the employee’s age.
13.4 Supported wage system
See Schedule B
13.5 National training wage
See Schedule C
13.6 Apprentice minimum wages
[13.6 inserted by PR557536 ppc 10Nov14]
(a) An apprentice except as provided for in clause 13.6(b) and (c) must be paid a minimum of the following percentage of the minimum wage of the relevant classification in clause 13.1 determined in accordance with the following table:
Relevant attribute of the person at the time of entering into a training agreement as an apprentice
Year of apprenticeship | Percentage for apprentices who have not completed year 12 | Percentage for apprentices who have completed year 12 |
1st year | 50 | 55 |
2nd year | 60 | 65 |
3rd year | 75 | 75 |
4th year | 90 | 95 |
(b) An adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be paid 80% of the minimum wage of the relevant classification in clause 13.1,or the rate prescribed by clause 13.6(a) for the relevant year of the apprenticeship,whichever is the greater.
(c) An adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be paid the rate for the lowest adult classification in clause 13.1,or the rate prescribed by clause 13.6(a) for the relevant year of the apprenticeship,whichever is the greater.
(d) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement,provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 13.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.
(e) Clause 13.6(a) will be effective from 1 January 2010. The retrospective application of this clause is not to result in a reduction in the take-home pay that has been paid by the employer to any apprentice who may have been covered by this award at the relevant time.
13.7 Apprentice conditions of employment
[13.7 inserted by PR557536 ppc 10Nov14]
(a) Except where otherwise stated,all conditions of employment specified in this award apply to apprentices.
(b) 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 such training. Provided that this clause will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
(c) For the purposes of (b) above,excess reasonable travel costs include the total costs 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 this subclause excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(d) The amount payable by an employer under (b) 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.
(e) All fees charged by an RTO and the cost of all prescribed textbooks for the apprenticeship,which are paid by an apprentice,shall be reimbursed by the employer within six months of the commencement of the apprenticeship or the relevant stage of the apprenticeship,or within three months of the commencement of the training provided by the RTO,whichever is the later,unless there is unsatisfactory progress.
(f) An employer may meet its obligations under (e) by paying any fees and/or cost of textbooks directly to the RTO.
(g) Time spent by an apprentice in attending any training and/or 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. This subclause operates subject to the provisions of Schedule E—School-based apprentices.
(h) No apprentice will,except in an emergency,work or be required to work overtime or shift work at times which would prevent their attendance at the RTO,as required by any statute,award,regulation or the contract of training applicable to them.
(i) The notice of termination provisions of the NES apply to apprentices.
To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.
[Varied by PR998045,PR509161,PR522991,PR536794,PR551717,PR566816]
14.1 Racecourse attendance allowance
Every employee who is required to attend a race meeting must be paid a racecourse attendance allowance calculated as follows:
[14.1(a) varied by PR522991,PR536794,PR551717 ppc 01Jul14]
[14.1(b) varied by PR522991,PR536794,PR551717 ppc 01Jul14]
(b) where the racecourse is more than 75 kilometres from the employee’s place of employment,the allowance in clause 14.1(a) plus $5.58 for each additional 50 kilometres or part thereof that the racecourse is situated from the place of employment.
14.2 Transport allowance
In addition to the allowance in clause 14.1,every employee who is required to attend a race meeting and perform work covered by the award must,if the horse is floated,be reimbursed an amount equal to the cost of fares reasonably spent by the employee in travelling from the employee’s usual place of work to the race meeting unless the employer supplies transport.
14.3 Meal allowances
[14.3(a) varied by PR998045,PR509161,PR522991,PR536794,PR551717,PR566816 ppc 01Jul15]
(a) When required to attend a race meeting an employee must be paid an allowance of $11.00 for each meal unless the employer supplies the meal.
[14.3(b) varied by PR998045,PR509161,PR522991,PR536794,PR551717,PR566816 ppc 01Jul15]
(b) An employee required to work overtime for more than one and a half hours without being notified on the previous day or earlier must be paid an allowance of $13.43 for each meal. If an employee is notified on the previous day or earlier of a requirement to work overtime for more than one and a half hours and provides their own meal but is subsequently not required to work overtime or is required to work less overtime than advised,the employee must be paid the allowance.
14.4 Travel allowance
Where in the course of the employment an employee is required to live and sleep at some place other than the employee’s normal place of residence or where an employee is required by the employer to travel,the employee must be paid their reasonable out-of-pocket expenses before leaving the employer’s premises.
14.5 Protective clothing and footwear
(a) Where it is necessary that an employee wear gumboots,waterproof coats,waterproof half-coats and waterproof trousers,the employer must reimburse the employee for the costs of purchasing such clothing not supplied by the employer.
(b) Where protective clothing is supplied without cost to the employee,it will remain the property of the employer. In the event of an employee leaving,or being employed where such clothing is not required,the protective clothing must be returned to the employer in good condition,fair wear and tear excepted.
14.6 Boots,cap and vest allowance
Track riders (including people required to drive or ride horses) must be paid an allowance per week by way of subsidy of $5.46 instead of riding boots,skullcaps and safety vest and each employee must provide a suitable skullcap,safety vest and riding boots as required.
14.7 Adjustment of expense-related allowances
(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.
(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 allowances | Take away and fast foods sub-group |
Boots,cap and vest allowance | Clothing and footwear group |
Racecourse attendance allowance | Private motoring sub-group |
[Varied by PR994304,PR561478;deleted by PR561478 ppc 05Mar15]
[Varied by PR994304,PR503610,PR561478;deleted by PR561478 ppc 05Mar15]
[17—Mixed functions renamed as Higher duties by PR994304]
17.1 An employee who is required to do work for which a higher rate is fixed than that provided for in their ordinary duties must,if such work exceeds a total of four hours on any day,be paid at the higher rate for all work done on such day.
17.2 In all other cases the employee must be paid the higher rate for the actual time worked.
18.1 When an employee’s employment is terminated before the usual payday,the employee must be paid all wages and holiday pay to which the employee is entitled within 24 hours of leaving the employer’s service.
18.2 Wages must be paid once weekly or once fortnightly at the discretion of the employer and with the consent of the employee,provided that no employer will keep more than two days’pay in hand,other than for casual employees,whose wages will be paid in full.
18.3 Wages may be paid by cash or cheque or be transferred directly to the employee’s bank account.
18.4 Payment is to be made on a nominated day between Monday and Friday,unless the day is a public holiday,in which case payment must be made the day before.
18.5 On or prior to payday,the employer must state to each employee,in writing,the total amount of wages to which the employee is entitled,the deductions and the net amount.
[Varied by PR989300,PR990535,PR990821,PR994304,PR530232,PR545963,PR561478]
19.1 Superannuation legislation
(a) 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),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.
(b) The rights and obligations in these clauses supplement those in superannuation legislation.
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.
19.3 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 19.2.
(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 19.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or (b) was made.
[19.4 varied by PR994304 from 01Jan10]
Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or (b) to one of the following superannuation funds or its successor:
(a) AustralianSuper;
(b) HOSTPLUS;
(c) SunSuper;
(d) AMP Superannuation Savings Trust;
(e) Nationwide Superannuation Fund;
[19.4(f) substituted by PR530232 ppc 26Oct12]
(f) CareSuper;
[19.4(g) varied by PR545963 ppc 01Jan14]
(g) 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 scheme;or
[19.4(h) inserted by PR545963 ppc 01Jan14]
(h) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Hours of Work and Related Matters
20. Ordinary hours of work and rostering
22. Overtime and penalty rates
20. Ordinary hours of work and rostering
20.1 The ordinary hours of work are 38 hours per week to be worked within rostered hours in five full days,or four full days and two half days,Monday to Saturday.
20.2 No employee will be required to work after 12 noon as part of the ordinary hours in any week on the two days rostered as the employee’s two half days off.
20.3 A roster setting out the five days or the four days and two half days to be worked in any one week,Monday to Saturday,by each employee must be posted up on Monday of the preceding week.
20.4 By arrangement with the employer,stablehands may agree to change their rostered half days off in any week;this must be in writing.
[21 renumbered as 19 by PR561478 ppc 05Mar15]
21.1 One 15 minute break,to be counted as time worked,must be allowed during the morning period of each working day to each individual employee at a time to be arranged by the employer in consultation with the employees.
21.2 For all employees rostered to work more than six hours,one 30 minute unpaid meal break is to be taken between hour five and hour six of the shift at a time arranged by the employer following consultation with employees.
22. Overtime and penalty rates
22.1 All work performed in excess of or outside the ordinary hours prescribed by clause 20—Ordinary hours of work and rostering,of this award must be paid at 150% of the relevant minimum wage calculated hourly for the first three hours and 200% for the rest of the overtime.
22.2 An employee required to work on a Sunday must be paid for all such work at 200% of the relevant minimum wage per hour for a minimum of three hours.
22.3 An employee may elect to take time off in place of payment for overtime. The overtime payment otherwise payable will be reduced by an amount calculated at the ordinary time rate for the time off.
22.4 An employee directed to stand by in readiness to work outside the ordinary hours or to do watch keeping or guard duties outside the ordinary working hours will,until released,be paid at overtime rates for all time so engaged.
Part 6—Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
[Varied by PR994304,PR546339,PR561478]
23.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees.
23.2 By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. Provided that if leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination.
23.3 Where an employer intends temporarily to close (or reduce to nucleus) the place of employment or a section of it for the purpose,amongst others,of allowing annual leave to the employees concerned or a majority of them,the employer may give those employees one month’s notice in writing of an intention to apply the provisions of this clause. In the case of any employee engaged after notice has been given,notice must be given to that employee on the date of their engagement.
[23.3(a) substituted by PR546339 ppc 24Jan14]
(a) Where an employee has been given notice pursuant to clause 23.3 and the employee has:
(i) accrued sufficient annual leave to cover the full period of closing,the employee must take paid annual leave for the full period of closing;
(ii) insufficient accrued annual leave to cover the full period of closing,the employee must take paid annual leave to the full amount accrued and leave without pay for the remaining period of the closing;or
(iii) no accrued annual leave,the employee must take leave without pay for the full period of closing.
[23.3(b) substituted by PR546339 ppc 24Jan14]
(b) Public holidays that fall within the period of close down will be paid as provided for in this award and will not count as a day of annual leave or leave without pay.
[23.4 substituted by PR994304 from 01Jan10]
23.4 Annual leave is to be taken within 18 months of the entitlement accruing. For the purpose of ensuring accrued annual leave is taken within that period and in the absence of agreement as provided for in s.88 of the Act,an employer may require an employee to take a period of annual leave from a particular date provided the employee is given at least 28 days’notice.
23.5 Before the start of the employee’s annual leave the employer must pay the employee:
[23.5(a) substituted by PR994304 from 01Jan10]
[23.6 substituted by PR994304 from 01Jan10]
23.6 Where an employee is entitled to a payment on termination of employment pursuant to s.90(2) of the Act,the amount is to be calculated in accordance with clause 23.5(a) above.
24. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
Community service leave is provided for in the NES.
26.1 Public holidays are provided for in the NES.
26.2 An employer and the employees may by agreement substitute another day for a public holiday. Where there is no agreement the employer may substitute another day but not so as to give an employee less time off work than the employee would have had if the employee had received the public holiday.
26.3 If an employee works on a public holiday,and another day has not been substituted pursuant to the previous clause,the employee will be paid at 200% of the employee’s minimum wage per hour for all hours worked.
Schedule A—Transitional Provisions
[Varied by PR988388,PR994304,PR503610]
A.1 General
A.1.1 The provisions of this schedule deal with minimum obligations only.
[A.1.2 substituted by PR994304 from 01Jan10]
A.1.2 The provisions of this schedule are to be applied:
(a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;
(b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;
(c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or
(d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.
A.2 Minimum wages –existing minimum wage lower
A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
[A.2.1(b) substituted by PR994304 from 01Jan10]
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.
A.2.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate;and
(c) any applicable industry allowance.
A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.
A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.
A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.3 Minimum wages –existing minimum wage higher
A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
[A.3.1(b) substituted by PR994304 from 01Jan10]
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.
A.3.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate;and
(c) any applicable industry allowance.
A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.
A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.
A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.4 Loadings and penalty rates
For the purposes of this schedule loading or penalty means a:
●casual or part-time loading;
●Saturday,Sunday,public holiday,evening or other penalty;
●shift allowance/penalty.
A.5 Loadings and penalty rates –existing loading or penalty rate lower
[A.5.1 substituted by PR994304 from 01Jan10]
A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.
[A.5.2 substituted by PR994304 from 01Jan10]
A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.
A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.
A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.6 Loadings and penalty rates –existing loading or penalty rate higher
[A.6.1 substituted by PR994304 from 01Jan10]
A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.
[A.6.2 substituted by PR994304 from 01Jan10]
A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.
[A.6.3 substituted by PR994304 from 01Jan10]
A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.
A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:
First full pay period on or after | |
1 July 2010 | 80% |
1 July 2011 | 60% |
1 July 2012 | 40% |
1 July 2013 | 20% |
A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.7 Loadings and penalty rates –no existing loading or penalty rate
[A.7.1 substituted by PR994304 from 01Jan10]
A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.
A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.
[A.7.3 substituted by PR994304 from 01Jan10]
A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:
First full pay period on or after | |
1 July 2010 | 20% |
1 July 2011 | 40% |
1 July 2012 | 60% |
1 July 2013 | 80% |
A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.8 Former Division 2B employers
[A.8 inserted by PR503610 ppc 01Jan11]
A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.
A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.
A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.
A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.
A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.
A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.
Schedule B—Supported Wage System
[Varied by PR988388;substituted by PR994304 ppc 01Jan10;varied by PR998748,PR510670,PR525068,PR537893,PR542128,PR551831]
B.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.
B.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 Education,Employment and Workplace Relations that records the employee’s productive capacity and agreed wage rate
B.3 Eligibility criteria
B.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.
B.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.
B.4 Supported wage rates
B.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 B.5) % | Relevant minimum wage % |
10 | 10 |
20 | 20 |
30 | 30 |
40 | 40 |
50 | 50 |
60 | 60 |
70 | 70 |
80 | 80 |
90 | 90 |
[B.4.2 varied by PR998748,PR510670,PR525068,PR537893,PR551831 ppc 01Jul14]
B.4.2 Provided that the minimum amount payable must be not less than $80 per week.
B.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.
B.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.
B.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.
B.6 Lodgement of SWS wage assessment agreement
[B.6.1 varied by PR542128 ppc 04Dec13]
B.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.
[B.6.2 varied by PR542128 ppc 04Dec13]
B.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.
B.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.
B.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.
B.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.
B.10 Trial period
B.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.
B.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.
[B.10.3 varied by PR998748,PR510670,PR525068,PR537893,PR551831 ppc 01Jul14]
B.10.3 The minimum amount payable to the employee during the trial period must be no less than $80 per week.
B.10.4 Work trials should include induction or training as appropriate to the job being trialled.
B.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 B.5.
Schedule C—National Training Wage
[Varied by PR988388;substituted by PR994304 ppc 01Jan10;varied by PR997887,PR509039,PR522870,PR536673,PR545787,PR551596,PR566675]
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 PR997887,PR509039,PR522870,PR536673,PR551596,PR566675 ppc 01Jul15]
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 | 295.10 | 325.00 | 387.20 |
Plus 1 year out of school | 325.00 | 387.20 | 450.60 |
Plus 2 years out of school | 387.20 | 450.60 | 524.40 |
Plus 3 years out of school | 450.60 | 524.40 | 600.40 |
Plus 4 years out of school | 524.40 | 600.40 | |
Plus 5 or more years out of school | 600.40 | ||
(b) Wage Level B
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 B by Appendix C1 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per week | Per week | per week | |
$ | $ | $ | |
School leaver | 295.10 | 325.00 | 376.80 |
Plus 1 year out of school | 325.00 | 376.80 | 433.40 |
Plus 2 years out of school | 376.80 | 433.40 | 508.20 |
Plus 3 years out of school | 433.40 | 508.20 | 579.70 |
Plus 4 years out of school | 508.20 | 579.70 | |
Plus 5 or more years out of school | 579.70 | ||
(c) Wage Level C
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 C by Appendix C1 are:
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per week | per week | per week | |
$ | $ | $ | |
School leaver | 295.10 | 325.00 | 376.80 |
Plus 1 year out of school | 325.00 | 376.80 | 424.10 |
Plus 2 years out of school | 376.80 | 424.10 | 473.80 |
Plus 3 years out of school | 424.10 | 473.80 | 527.90 |
Plus 4 years out of school | 473.80 | 527.90 | |
Plus 5 or more years out of school | 527.90 | ||
(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 | 623.50 | 647.70 |
Wage Level B | 601.60 | 624.70 |
Wage Level C | 547.50 | 568.20 |
C.5.2 Minimum wages for part-time traineeships
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per hour | per hour | per hour | |
$ | $ | $ | |
School leaver | 9.71 | 10.70 | 12.74 |
Plus 1 year out of school | 10.70 | 12.74 | 14.83 |
Plus 2 years out of school | 12.74 | 14.83 | 17.25 |
Plus 3 years out of school | 14.83 | 17.25 | 19.74 |
Plus 4 years out of school | 17.25 | 19.74 | |
Plus 5 or more years out of school | 19.74 | ||
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per hour | per hour | per hour | |
$ | $ | $ | |
School leaver | 9.71 | 10.70 | 12.40 |
Plus 1 year out of school | 10.70 | 12.40 | 14.26 |
Plus 2 years out of school | 12.40 | 14.26 | 16.73 |
Plus 3 years out of school | 14.26 | 16.73 | 19.08 |
Plus 4 years out of school | 16.73 | 19.08 | |
Plus 5 or more years out of school | 19.08 | ||
Highest year of schooling completed | |||
Year 10 | Year 11 | Year 12 | |
per hour | per hour | per hour | |
$ | $ | $ | |
School leaver | 9.71 | 10.70 | 12.40 |
Plus 1 year out of school | 10.70 | 12.40 | 13.95 |
Plus 2 years out of school | 12.40 | 13.95 | 15.58 |
Plus 3 years out of school | 13.95 | 15.58 | 17.36 |
Plus 4 years out of school | 15.58 | 17.36 | |
Plus 5 or more years out of school | 17.36 | ||
(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:
(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:
(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.
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 inserted by PR545787 ppc 01Jan14]
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 |
Beauty | III |
Business Services | I |
Chemical,Hydrocarbons and Refining | I |
Civil Construction | III |
Coal Training Package | II |
Community Services | II |
Construction,Plumbing and Services Integrated Framework | I |
Correctional Services | II |
Drilling | II |
Electricity Supply Industry—Generation Sector | II |
Electricity Supply Industry—Transmission,Distribution and Rail Sector | II |
Electrotechnology | I |
Financial Services | I |
Floristry | III |
Food Processing Industry | III |
Gas Industry | III |
Information and Communications Technology | I |
Laboratory Operations | II |
Local Government (other than Operational Works Cert I and II) | I |
Manufactured Mineral Products | III |
Manufacturing | I |
Maritime | I |
Metal and Engineering (Technical) | II |
Metalliferous Mining | II |
Museum,Library and Library/Information Services | II |
Plastics,Rubber and Cablemaking | III |
Public Safety | III |
Public Sector | II |
Pulp and Paper Manufacturing Industries | III |
Retail Services (including wholesale and Community pharmacy) | III |
Telecommunications | II |
Textiles,Clothing and Footwear | III |
Tourism,Hospitality and Events | I |
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 |
Asset Maintenance | I |
Australian Meat Industry | I |
Automotive Industry Manufacturing | II |
Automotive Industry Retail,Service and Repair | I |
Beauty | II |
Caravan Industry | II |
Civil Construction | I |
Community Recreation Industry | III |
Entertainment | I |
Extractive Industries | II |
Fitness Industry | III |
Floristry | II |
Food Processing Industry | I |
Forest and Forest Products Industry | I |
Furnishing | I |
Gas Industry | I |
Health | II |
Local Government (Operational Works) | I |
Manufactured Mineral Products | I |
Metal and Engineering (Production) | II |
Outdoor Recreation Industry | I |
Plastics,Rubber and Cablemaking | II |
Printing and Graphic Arts | II |
Property Services | I |
Public Safety | I |
Pulp and Paper Manufacturing Industries | I |
Retail Services | I |
Screen and Media | I |
Sport Industry | II |
Sugar Milling | I |
Textiles,Clothing and Footwear | I |
Transport and Logistics | I |
Visual Arts,Craft and Design | I |
Water Industry | I |
C1.3 Wage Level C
Training package | AQF certificate level |
Agri-Food | I |
Amenity Horticulture | I |
Conservation and Land Management | I |
Funeral Services | I |
Music | I |
Racing Industry | I |
Rural Production | I |
Seafood Industry | I |
Schedule D—2014 Part-day Public Holidays
[Sched D inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581 ppc 12Nov14]
This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
D.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2014) or New Year’s Eve (31 December 2014) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:
(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
(b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Excluding annualised salaried employees to whom clause D.1(f) applies,where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.
(g) An employee not rostered to work between 7.00 pm and midnight,other than an employee who has exercised their right in accordance with clause D.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.
This schedule is not intended to detract from or supplement the NES.
This schedule is an interim provision and subject to further review.
Schedule E—School-based apprentices
[Sched E inserted by PR553195 ppc 01Aug14]
E.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.
E.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.
E.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.
E.4 For the purposes of clause 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.
E.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.
E.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.
E.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.
E.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.
E.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.
E.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.
E.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.