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
7. Individual flexibility arrangements
Part 2—Consultation and Dispute Resolution
8. Consultation about major workplace change
8A. Consultation about changes to rosters or hours of work
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
27. Leave to deal with Family and Domestic Violence
SCHEDULE A—TRANSITIONAL PROVISIONSHorse and Greyhound Training Award 2010
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 26 October 2018 (PR610040;PR610166).
Clause(s) affected by the most recent variation(s):
7—Individual flexibility arrangements
8 —Consultation about major workplace change
8A—Consultation about changes to rosters or hours of work
Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/205;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8;AM2016/15;AM2016/17
Table of Contents
[Varied by PR988388,PR532630,PR544519,PR546288,PR553195,PR557581,PR573679,PR609322;PR610166]
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
7. Individual flexibility arrangements
Part 2—Consultation and Dispute Resolution
8. Consultation about major workplace change
8A. Consultation about changes to rosters or hours of work
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
27. Leave to deal with Family and Domestic Violence
Schedule A—Transitional Provisions
Schedule B—Supported Wage System
Schedule C—National Training Wage
Schedule D—2017 Part-day Public Holidays
Schedule E—School-based apprentices
Schedule F—Agreement to Take Annual Leave in Advance
Schedule G—Agreement to Cash Out Annual Leave
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
7. Individual flexibility arrangements
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]
transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
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.
7. Individual flexibility arrangements
[Varied by PR994304,PR542128;7—Award flexibility renamed and substituted by PR610166 ppc 01Nov18]
7.1 Despite anything else in this award,an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed;or
(b) overtime rates;or
(c) penalty rates;or
(d) allowances;or
(e) annual leave loading.
7.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
7.3 An agreement may only be made after the individual employee has commenced employment with the employer.
7.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal;and
(b) if the employer is aware that the employee has,or reasonably should be aware that the employee may have,limited understanding of written English,take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
7.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
7.6 An agreement must do all of the following:
(a) state the names of the employer and the employee;and
(b) identify the award term,or award terms,the application of which is to be varied;and
(c) set out how the application of the award term,or each award term,is varied;and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made;and
(e) state the date the agreement is to start.
7.7 An agreement must be:
7.8 Except as provided in clause 7.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.
7.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
7.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.
7.11 An agreement may be terminated:
(a) at any time,by written agreement between the employer and the employee;or
(b) by the employer or employee giving 13 weeks’written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).
Note:If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in s.144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see s.145 of the Act).
7.12 An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause.
7.13 The right to make an agreement under clause 7 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.
Part 2—Consultation and Dispute Resolution
8. Consultation about major workplace change
8A. Consultation about changes to rosters or hours of work
8. Consultation about major workplace change
[8—Consultation regarding major workplace change renamed and substituted by PR546288,8—Consultation renamed and substituted by PR610166 ppc 01Nov18]
8.1 If an employer makes a definite decision to make major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any);and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes;and
(ii) their likely effect on employees;and
(iii) measures to avoid or reduce the adverse effects of the changes on employees;and
(c) commence discussions as soon as practicable after a definite decision has been made.
8.2 For the purposes of the discussion under clause 8.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature;and
(b) their expected effect on employees;and
(c) any other matters likely to affect employees.
8.3 Clause 8.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
8.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 8.1(b).
8.5 In clause 8:
significant effects,on employees,includes any of the following:
(a) termination of employment;or
(b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or
(c) loss of,or reduction in,job or promotion opportunities;or
(d) loss of,or reduction in,job tenure;or
(e) alteration of hours of work;or
(f) the need for employees to be retrained or transferred to other work or locations;or
(g) job restructuring.
8.6 Where this award makes provision for alteration of any of the matters defined at clause 8.5,such alteration is taken not to have significant effect.
8A. Consultation about changes to rosters or hours of work
[8A inserted by PR610166 ppc 01Nov18]
8A.1 Clause 8A applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.
8A.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).
8A.3 For the purpose of the consultation,the employer must:
(a) provide to the employees and representatives mentioned in clause 8A.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and
(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.
8A.4 The employer must consider any views given under clause 8A.3(b).
8A.5 Clause 8A is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR994304,PR542128;substituted by PR610166 ppc 01Nov18]
9.1 Clause 9 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
9.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.
9.3 If the dispute is not resolved through discussion as mentioned in clause 9.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.
9.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 9.2 and 9.3,a party to the dispute may refer it to the Fair Work Commission.
9.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute,including mediation,conciliation and consent arbitration.
9.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
9.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 9.
9.8 While procedures are being followed under clause 9 in relation to a dispute:
(a) work must continue in accordance with this award and the Act;and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace, that is safe and appropriate for the employee to perform.
9.9 Clause 9.8 is subject to any applicable work health and safety legislation.
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 ppc 16Oct15]
[10.2(e) renumbered as 10.2(d) and substituted by PR567221 ppc 16Oct15]
(d) 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.
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 substituted by PR610166 ppc 01Nov18]
Note:The NES sets out requirements for notice of termination by an employer. See ss.117 and 123 of the Act.
11.1 Notice of termination by an employee
(a) This clause applies to all employees except those identified in ss.123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
Column 1 | Column 2 |
Not more than 1 year | 1 week |
More than 1 year but not more than 3 years | 2 weeks |
More than 3 years but not more than 5 years | 3 weeks |
More than 5 years | 4 weeks |
Note:The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In paragraph (b) continuous service has the same meaning as in s.117 of the Act.
(d) If an employee who is at least 18 years old does not give the period of notice required under paragraph (b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.
(e) If the employer has agreed to a shorter period of notice than that required under paragraph (b),then no deduction can be made under paragraph (d).
(f) Any deduction made under paragraph (d) must not be unreasonable in the circumstances.
Where an employer has given notice of termination to an employee,the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
11.3 The time off under clause 11.2 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 11.2.
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,PR579758,PR592103,PR593805,PR606332]
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,PR579758,PR5921003,PR606332 ppc 01Jul18]
Classification | Minimum weekly wage |
Stable employee (on commencement with employer) | 719.20 |
Stablehand Grade 1 (after three months’continuous employment with the employer) | 739.90 |
Stablehand Grade 2 (who has at least two years in the industry and whose duties are above those required of a Grade 1 employee) | 768.30 |
Track rider | 768.30 |
Stable foreman | 837.40 |
Training assistant | 863.60 |
Trainer | 913.70 |
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
[13.5 substituted by PR593805 ppc 01Jul17]
(a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.
[13.5(b) varied by PR606332 ppc 01Jul18]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2018. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Horse and Greyhound Training Award 2010 and not the Miscellaneous Award 2010.
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,PR579512,PR592265,PR606488]
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,PR579512,PR592265,PR606488 ppc 01Jul18]
(a) When required to attend a race meeting an employee must be paid an allowance of $11.61 for each meal unless the employer supplies the meal.
[14.3(b) varied by PR998045,PR509161,PR522991,PR536794,PR551717,PR566816,PR579512,PR592265,PR606488 ppc 01Jul18]
(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 $14.17 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.
[Varied by PR610040]
18.1 Payment on termination of employment
[18.1 substituted by PR610040 ppc 01Nov18]
(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination;and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
Note 1:Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.
Note 2:Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
Note 3:State and Territory long service leave laws or long service leave entitlements under s.113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
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 varied by PR585798,PR585798]
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 Time off instead of payment for overtime
[22.3 substituted by PR585798 ppc 14Dec16]
(a) An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.
EXAMPLE 1:By making an agreement under clause 22.3 an employee who worked 2 overtime hours at the rate of time and a half is entitled to 3 hours’time off.
EXAMPLE 2:By making an agreement under clause 22.3 an employee who worked 2 overtime hours at the rate of time and a half is entitled to 1.5 hours’time off and payment of 1 hour at time and half.
(i) within the period of 6 months after the overtime is worked;and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(d) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 22.3 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.
(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (c),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.
(f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.
(g) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.3 will apply for overtime that has been worked.
Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).
(h) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 22.3 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.3.
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
27. Leave to deal with Family and Domestic Violence
[Varied by PR994304,PR546339,PR561478,PR583016,PR588721]
23.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees.
[23.2 renamed and substituted by PR583016 ppc 29Jul16]
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence;and
(ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.
Note:An example of the type of agreement required by clause 23.2 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.
(c) The employer must keep a copy of any agreement under clause 23.2 as an employee record.
(d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 23.2,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
23.3 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 23.2 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 Excessive leave accruals:general provision
[23.4 substituted by PR994304,PR588721 ppc 20Dec2016]
Note:Clauses 23.4 to 23.6 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave.
(b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.
(c) Clause 23.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 23.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
23.5 Excessive leave accruals:direction by employer that leave be taken
[New 23.5 inserted by PR588721 ppc 20Dec16]
(a) If an employer has genuinely tried to reach agreement with an employee under clause 23.4(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However,a direction by the employer under paragraph (a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 23.4,23.5 or 23.6 or otherwise agreed by the employer and employee) are taken into account;and
(ii) must not require the employee to take any period of paid annual leave of less than one week;and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect.
(d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given.
Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 23.5(b)(i).
Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
23.6 Excessive leave accruals:request by employee for leave
[New 23.6 inserted by PR588721;substituted by PR588721 ppc 20Dec17]
(a) If an employee has genuinely tried to reach agreement with an employer under clause 23.6(a) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However,an employee may only give a notice to the employer under paragraph (a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and
(ii) the employee has not been given a direction under clause 23.5(a) that,when any other paid annual leave arrangements (whether made under clause 23.4,23.5 or 23.6 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under paragraph (a) must not:
(i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 23.4,23.5 or 23.6 or otherwise agreed by the employer and employee) are taken into account;or
(ii) provide for the employee to take any period of paid annual leave of less than one week;or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under paragraph (a).
23.7 Before the start of the employee’s annual leave the employer must pay the employee:
[23.5 renumbered as 23.7 by PR588721 ppc 20Dec16]
[23.5(a) substituted by PR994304 from 01Jan10]
[23.6 substituted by PR994304 from 01Jan10;23.6 renumbered as 23.8 by PR588721 ppc 20Dec16]
23.8 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 23.7(a) above.
23.9 Electronic funds transfer (EFT) payment of annual leave
[23.7 inserted by PR583016 ppc 29Jul16;23.7 renumbered as 23.9 by PR588721 ppc 20Dec16]
Despite anything else in this clause,an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
23.10 Cashing out of annual leave
[23.8 inserted by PR583016 ppc 29Jul16;23.8 renumbered as 23.10 by PR588721 ppc 20Dec16]
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 23.10.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 23.10.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 23.10 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it;and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 23.10 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 23.10 as an employee record.
Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 23.10.
Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 23.10.
Note 3:An example of the type of agreement required by clause 23.10 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.
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.
27. Leave to deal with Family and Domestic Violence
[27 inserted by PR609322 ppc 01Aug18]
27.1 This clause applies to all employees,including casuals.
27.2 Definitions
family and domestic violence means violent,threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.
family member means:
(i) a spouse,de facto partner,child,parent,grandparent,grandchild or sibling of the employee;or
(ii) a child,parent,grandparent,grandchild or sibling of a spouse or de facto partner of the employee;or
(iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
(b) A reference to a spouse or de facto partner in the definition of family member in clause 27.2(a) includes a former spouse or de facto partner.
27.3 Entitlement to unpaid leave
An employee is entitled to 5 days’unpaid leave to deal with family and domestic violence,as follows:
(a) the leave is available in full at the start of each 12 month period of the employee’s employment;and
(b) the leave does not accumulate from year to year;and
(c) is available in full to part-time and casual employees.
Note:1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer.
2. The employer and employee may agree that the employee may take more than 5 days’unpaid leave to deal with family and domestic violence.
An employee may take unpaid leave to deal with family and domestic violence if the employee:
(a) is experiencing family and domestic violence;and
(b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work.
Note:The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation),attending urgent court hearings,or accessing police services.
27.5 Service and continuity
The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee’s continuity of service.
27.6 Notice and evidence requirements
(a) Notice
An employee must give their employer notice of the taking of leave by the employee under clause 27. The notice:
(i) must be given to the employer as soon as practicable (which may be a time after the leave has started);and
(ii) must advise the employer of the period,or expected period,of the leave.
(b) Evidence
An employee who has given their employer notice of the taking of leave under clause 27 must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 27.4.
Note:Depending on the circumstances such evidence may include a document issued by the police service,a court or a family violence support service,or a statutory declaration.
27.7 Confidentiality
(a) Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause 27.6 is treated confidentially,as far as it is reasonably practicable to do so.
(b) Nothing in clause 27 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life,health or safety of the employee or another person.
Note:Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.
27.8 Compliance
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,PR568050,PR581528,PR592689,PR606630]
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 varied by PR568050 ppc 01Jul15]
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 Social Services 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,PR568050,PR581528,PR592689,PR606630 ppc 01Jul18]
B.4.2 Provided that the minimum amount payable must be not less than $86 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,PR568050,PR581528,PR592689,PR606630 ppc 01Jul18]
B.10.3 The minimum amount payable to the employee during the trial period must be no less than $86 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,PR579758;deleted by PR593805 ppc 01Jul17]
Schedule D—2017 Part-day Public Holidays
[Sched D inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110 ppc 04Dec17]
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 2017) or New Year’s Even (31 December 2017) 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.
Schedule F—Agreement to Take Annual Leave in Advance
[Sched F inserted by PR583016 ppc 29Jul16]
Link to PDF copy of Agreement to Take Annual Leave in Advance.
Name of employee:_____________________________________________
Name of employer:_____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is:____ hours/days
The leave in advance will commence on:___/___/20___
Signature of employee:________________________________________
Date signed:___/___/20___
Name of employer representative:________________________________________
Signature of employer representative:________________________________________
Date signed:___/___/20___
[If the employee is under 18 years of age - include:] I agree that: if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued. Name of parent/guardian:________________________________________ Signature of parent/guardian:________________________________________ Date signed:___/___/20___ |
Schedule G—Agreement to Cash Out Annual Leave
[Sched G inserted by PR583016 ppc 29Jul16]
Link to PDF copy of Agreement to Cash Out Annual Leave.
Name of employee:_____________________________________________
Name of employer:_____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:
The amount of leave to be cashed out is:____ hours/days
The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on:___/___/20___
Signature of employee:________________________________________
Date signed:___/___/20___
Name of employer representative:________________________________________
Signature of employer representative:________________________________________
Date signed:___/___/20___
Include if the employee is under 18 years of age: Name of parent/guardian:________________________________________ Signature of parent/guardian:________________________________________ Date signed:___/___/20___ |