MA000011: Mining Industry Award 2020

This consolidated version of the award includes variations made on 11 September 2009 [PR9 88358]; 21 December 2009 [PR992071]; 1 March 2010 [PR994050]

NOTE: Transitional provisions may apply to certain clauses - see clause 2

Table of Contents

[Varied by PR988358, PR992071, PR994050]

Part 1 - Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2 - Consultation and Dispute Resolution

8. Consultation regarding major workplace change

9. Dispute resolution

Part 3 - Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

Part 4 - Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Allowances

15. Payment of wages

Part 5 - Hours of Work and Related Matters

16. Annualised salaries

17. Ordinary hours of work

18. Maximum weekly hours

19. Overtime and penalty rates

20. Rostering

21. Breaks

Part 6 - Leave and Public Holidays

22. Annual leave

23. Personal/carer's leave and compassionate leave

24. Community service leave

25. Public holidays

Schedule A - Transitional Provisions

Schedule B - Classification and Structure

Schedule C - School - Based Apprentices

Part 1 - Application and Operation

1. Title

This award is the Mining Industry Award 2010.

2. Commencement and transitional

[Varied by PR988358]

2.1 This award commences on 1 January 2010.

[2.2-2.6 inserted by PR988358]

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.

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, Fair Work Australia may make any order it considers appropriate to remedy the situation.

2.5 Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.

2.6 Fair Work Australia 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

3.1 In this award, unless the contrary intention appears:

Act means the Workplace Relations Act 1996 (Cth)

afternoon shift means any shift finishing after 7.00 pm and at or before midnight

base rate of pay has the meaning in the NES

Commission means the Australian Industrial Relations Commission or its successor

continuous shiftworker means an employee engaged in a continuous process who is rostered to work regularly on Sundays and public holidays

employee has the meaning in the Act

employer has the meaning in the Act

enterprise award has the meaning in the Act

full rate of pay has the meaning in the NES

minimum weekly rate means the minimum weekly rate of pay set out in clause 13 - Classifications and minimum wage rates

NAPSA means notional agreement preserving a State award and has the meaning in the Act

NES means National Employment Standards

night shift means any shift finishing after midnight and at or before 8.00 am

remote work means work required to be performed in any location that is operated by the employer as a remote location, including but not limited to sites operating on a fly in/fly out, drive in/drive out or bus in/bus out basis

shiftworker means an employee for the time being engaged to work in a system of shifts, being afternoon shifts, night shifts or both, or a continuous shiftworker

standard rate means the minimum weekly wage for a Level 3 employee in clause 13.1

work cycle means a roster cycle made up of working and non - working days

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

4. Coverage

This industry award covers employers throughout Australia who are engaged in the mining industry in respect of work by their employees in a classification in this award and their employees engaged in the classifications listed in clause 13 - Classifications and minimum wage rates, of this award, to the exclusion of any other modern award.

4.1 Definition of mining industry

For the purposes of this clause mining industry means:

(a) extracting any of the following from the earth by any manner or method including exploration, prospecting, development and land clearing, preparatory work and rehabilitation during the life of the mine:

(i) any metals, minerals or ores;

(ii) phosphates and gemstones;

(iii) mineral sands;

(iv) uranium and other radioactive substances;

(b) the processing, smelting and refining of the metals, minerals, ores or substances covered by clause 4.1(a);

(c) the transportation, handling and loading of any of the metals, minerals, ores or substances covered by clause 4.1(a) on a mining lease or tenement;

(d) the transportation, handling and loading of any of the metals, minerals, ores or substances covered by clause 4.1(a) by the mine operator, a related company or an entity principally engaged by the mine operator to do such work, using the plant or infrastructure (including rail and/or ports) of the mine operator or a related company;

(e) the servicing, maintaining (including mechanical, electrical, fabricating or engineering) or repairing of plant and equipment used in the activities set out in clauses 4.1(a) to (d) by employees principally employed to perform work on an ongoing basis at a location where the activities described above are being performed; or

(f) the provision of temporary labour services used in the activities set out in clauses 4.1(a) to (e), by temporary labour personnel principally engaged to perform work at a location where the activities described above are being performed.

4.2 Exclusions

This award does not cover:

(a) an employer bound by an enterprise award with respect to any employee who is covered by the enterprise award;

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

(i) aluminium;

(ii) catering, accommodation, cleaning and incidental services (unless employed by a mine operator or a related company);

(iii) clerical or administrative;

(iv) information technology professionals, professional engineers, geologists and scientists;

(v) oil, gas and hydrocarbons;

(vi) quarrying of stone, crushed stone, sand and gravel, and land reclamation (including dredging);

(vii) salt;

(viii) security services (unless employed by a mine operator or a related company);

(ix) steel making;

(x) prospecting and resource assessment for the purposes of potential mine development, which is not on a mining lease or tenement;

(xi) brown coal mining; and

(xii) melting and smelting of metals in connection with manufacturing activities covered by the Manufacturing and Associated Industries and Occupations Award 2010;

(d) employers in respect of their operations or activities covered by the Coal Mining Industry Award 2010;

(e) employers in respect of their operations or activities covered by the Manufacturing and Associated Industries and Occupations Award 2010, except for work covered by clause 4.1 above; and

(f) persons employed in the head office or town office of an employer.

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

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Award flexibility

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

(a) arrangements for when work is performed;

(b) overtime rates;

(d) allowances; and

(e) leave loading.

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.

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

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

(b) not disadvantage the individual employee in relation to the individual employee's terms and conditions of employment.

7.4 For the purposes of clause 7.3(b) the agreement will be taken not to disadvantage the individual employee in relation to the individual employee's terms and conditions of employment if:

(a) the agreement does not result, on balance, in a reduction in the overall terms and conditions of employment of the individual employee under this award and any applicable agreement made under the Act, as those instruments applied as at the date the agreement commences to operate; and

(b) the agreement does not result in a reduction in the terms and conditions of employment of the individual employee under any other relevant laws of the Commonwealth or any relevant laws of a State or Territory.

7.5 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 does not disadvantage the individual employee in relation to the individual employee's terms and conditions of employment; and

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

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

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

7.8 The agreement may be terminated:

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

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

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

Part 2 - Consultation and Dispute Resolution

8. Consultation regarding major workplace change

8.1 Employer to notify

(a) 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.

(b) 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.

8.2 Employer to discuss change

(a) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, 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.

(b) 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.

(c) 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.

9. Dispute resolution

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

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

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

9.4 Where the matter in dispute remains unresolved the 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

10. Types of employment

An employee may be engaged on a full - time, part - time or casual basis.

10.1 Full - time employment

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

10.2 Part - time employment

(a) A part - time employee is an employee who:

(i) is engaged to work an average of fewer than 38 ordinary hours per week; and

(ii) receives, on a pro rata basis, equivalent pay and conditions to those of full - time employees who do the same kind of work.

(b) For each ordinary hour worked, a part - time employee will be paid no less than 1/38th of the minimum weekly rate of pay for the relevant classification in clause 13 - Classifications and minimum wage rates.

(c) An employer must inform a part - time employee of the ordinary hours of work and starting and finishing times. All time worked in excess of these hours will be paid at the appropriate overtime rate.

10.3 Casual employment

(a) A casual employee is one engaged and paid as such. A casual employee's ordinary hours of work are the lesser of an average of 38 hours per week or the hours required to be worked by the employer.

(b) For each hour worked, a casual employee will be paid no less than 1/38th of the minimum weekly rate of pay for their classification in clause 13 - Classifications and minimum wage rates, plus a casual loading of 25%. The loading constitutes part of the casual employee's all purpose rate.

(c) The casual loading is paid in lieu of annual leave, personal/carer's leave, notice of termination, redundancy benefits and the other attributes of full - time or part - time employment.

10.4 Probation period

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 is to be either:

(a) three months or less; or

(b) more than three months and is reasonable, having regard to the nature and circumstances of the employment.

11. Termination 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 this clause less any period of notice actually given by the employee.

11.3 Job search entitlement

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.

12. Redundancy

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 will be sufficient.

12.5 Transitional provisions

(a) Subject to clause 12.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a NAPSA:

(i) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Act had applied to the employee; and

(ii) that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.

(b) The employee's entitlement to redundancy pay under the NAPSA is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(d) This clause ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

13. Classifications and minimum wage rates

13.1 Adult employees

(a) A full - time adult employee must be paid a minimum weekly rate for their classification as set out in the table below:


Level	Classification	Minimum weekly rate
		$
Entry Level	Introductory	565.00
Level 1	Basic	594.00
Level 2	Intermediate	618.00
Level 3	Competent	637.60
Level 4	Advanced	682.00
Level 5	Advanced specialist	728.00
Level 6	Dual Trade	765.00
Level 7	Dual Trade Instrumentation	797.00

(b) The classification structure and descriptors for the above classifications are contained in Schedule A - Classification and Structure

13.2 Junior employees

Where the law permits junior employees to perform work in the mining industry, the junior employee will be entitled to the percentage of the applicable adult weekly wage (in the case of part - time or casual employees the hourly rate) for their classification as set out in the table below:

Age	% of adult rate
16 years or less	75
At 17 years	85
At 18 years	100

13.3 School - based apprentices

Arrangements for school - based apprentices are set out in Schedule C.

13.4 Apprentices and trainees

(a) The terms of this award apply to apprentices and trainees, subject to the provisions of an applicable contract of apprenticeship or training agreement operating under federal, state or territory apprenticeship or training legislation and the National Training Wage Award 2000 (or any successor award).

(b) Trainees will be entitled to the percentage of the applicable adult weekly wage (in the case of part - time or casual employees the hourly rate) for their classification as set out in the National Training Wage Award 2000 (or any successor award)

(c) Apprentices will be entitled to the percentage of the applicable adult weekly wage (in the case of part - time or casual employees the hourly rate) for their classification as set out in the table below:

Year of apprenticeship	% of adult rate
1st year	45
2nd year	55
3rd year	75
4th year	88

13.5 Supported wage system

See Schedule C.

14. Allowances

14.1 Allowances are all purpose allowances only if expressly stated in this clause. Where an employee is paid by the hour, the allowance will be 1/38th of the weekly allowance.

14.2 Allowances for responsibilities or skills that are not taken into account in rates of pay

(a) Leading hand

A leading hand must be paid a weekly allowance of:

In charge of	% of standard rate
3-10 employees	4.40
11-20 employees	5.60
More than 20 employees	7.53

(b) First aid allowance

An employee who holds first aid qualifications from St John Ambulance or an equivalent body, and who is appointed by the employer to participate in the emergency response team or otherwise to perform first aid duty, will be paid a first aid payment of 2% of the standard rate per week.

An employee who is required by their employer to hold an Electrical Technicians licence (or equivalent) will be paid an all purpose allowance of 4.55% of the standard rate per week.

(d) Rail allowance

Employees who are assessed as being mainline competent and appointed by their employer as Locomotive Drivers and required to operate on the mainline will receive a rail allowance of 30% of the ordinary hourly base rate of pay specified in this award.

14.3 Allowances for disabilities associated with the performance of particular tasks or work in particular conditions or locations

(a) Industry allowance

(i) Employees will be paid an all purpose industry allowance of 3.7% of the standard rate per week.

(ii) The industry allowance recognises and is in payment for all aspects of work in the industry, including but not limited to the location and nature of mining operations, clothing, dirt, wet, height, fumes, heat, cold, confined space, and all other disabilities not expressly dealt with under this clause.

(b) District allowances

(i) Northern Territory

An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

· that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and

· that would have entitled the employee to payment of a district allowance.

(ii) Western Australia

An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a NAPSA or an award made under the Workplace Relations Act 1996 (Cth):

· that would have entitled the employee to payment of a district allowance.

(iii) This clause ceases to operate on 31 December 2014.

(iv) During the transitional period an employee is not entitled to payment of both the Industry allowance and the District allowance. The employee must be paid whichever allowance is the greater.

Employees, other than employees classified as underground miners, whilst required by their employer to work underground will be paid an allowance of 7% per hour calculated by reference to the standard rate.

(d) Drilling, prospecting and exploration allowances

The following allowances apply only to employees who are required to perform drilling, prospecting and exploration duties.

(i) Employees who are required to camp at remote locations (including remote from a mine site) and reasonable transport to and from their home is not provided by their employer, will be paid an allowance as follows:

· 3.39% of the standard rate per day, where meals are not provided by the employer; and

· 1.87% of the standard rate per day where meals are provided by the employer.

However, the allowance is not required to be paid where accommodation and meals are provided by the employer, or where the employer pays for, or reimburses the employee for, fares to return to and from home each weekend, or where the employee is engaged on a regular commute arrangement as part of a mining operation.

(ii) Employees who are classified as cooks and cooks assistants will be paid an all purpose allowance of 1.07% of the standard rate per week, whilst they are required by their employer to work broken shifts.

(iii) Employees who are required by their employer to transfer from one place of employment to another place of employment or work away from their usual place of employment for a temporary period will be reimbursed for the cost of transport. Travelling time of up to eight hours will be paid at their ordinary hourly rate (provided that no reimbursement will be required to be made if the employer provides transport).

14.4 Reimbursement and expense related allowances

(a) Meal allowance for overtime work

An employee will be paid a meal allowance of $12.75 on each occasion that the employee is entitled to a rest break during overtime work, provided that an allowance is not required to be paid if the employer provides a meal or meal - making facilities or if the employee was notified no later than the previous day or shift that the employee would be required to work the overtime.

(b) Tool allowance

An employee who is required by the employer to supply and maintain tools ordinarily required in the performance of work will be paid an allowance of $13.65 per week.

14.5 Method of adjusting expense related allowances

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.

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:

Meal allowance	Take away and fast foods sub - group
Tool allowance	Tools component of the household appliances, tools and utensils sub - group

14.6 Accident pay

(a) Subject to clause 14.6(b), an employee is entitled to accident pay in accordance with the terms of:

(i) a NAPSA that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and

(ii) that would have entitled the employee to accident pay in excess of the employee's entitlement to accident pay, if any, under any other instrument.

(b) The employee's entitlement to accident pay under the NAPSA or award is limited to the amount of accident pay which exceeds the employee's entitlement to accident pay, if any, under any other instrument.

(d) This clause ceases to operate on 31 December 2014.

15. Payment of wages

15.1 The employer will pay the employees wages, penalties and allowances at a frequency of not longer than monthly by electronic funds transfer into the employee's bank (or other recognised financial institution) nominated by the employee.

15.2 An employer may deduct from any amount required to be paid to an employee under this clause the amount of any overpayment of wages or allowances.

Part 5 - Hours of Work and Related Matters

16. Annualised salaries

[New clause 16 inserted by PR992071]

16.1 Annual salary instead of award provisions

(a) An employer may pay an employee an annual salary in satisfaction of any or all of the following provisions of the award:

clause 13 - Classifications and minimum wage rates;

clause 14 - Allowances;

clause 19 - Overtime and penalty rates; and

clause 22.4 - Payment for annual leave.

(b) Where an annual salary is paid the employer must advise the employee in writing of the annual salary that is payable and which of the provisions of this award will be satisfied by payment of the annual salary.

16.2 Annual salary not to disadvantage employees

(a) The annual salary must be no less than the amount the employee would have received under this award for the work performed over the year for which the salary is paid (or if the employment ceases earlier over such lesser period as has been worked).

(b) The annual salary of the employee must be reviewed by the employer at least annually to ensure that the compensation is appropriate having regard to the award provisions which are satisfied by the payment of the annual salary.

16.3 Base rate of pay for employees on annual salary arrangements

For the purposes of the NES, the base rate of pay of an employee receiving an annual salary under this clause comprises the portion of the annual salary equivalent to the relevant rate of pay in clause 13 - Classifications and minimum wage rates and excludes any incentive - based payments, bonuses, loadings, monetary allowances, overtime and penalties.

17. Ordinary hours of work

[16 renumbered as 17 by PR992071]

17.1 A full - time employee's ordinary hours of work will be an average of 38 hours per week. The ordinary hours of part - time and casual employees will be in accordance with clause 10 - Types of employment.

17.2 Employees other than shiftworkers

[16.2 renumbered as 17.2 and substituted by PR992071]

(a) Subject to clause 17.2(c) employees, other than shiftworkers, may be required to work up to 10 ordinary hours per day, between the hours of 6.00 am and 6.00 pm, Monday to Sunday.

(b) An employer may agree with a majority of affected employees to alter the spread of hours in clause 17.2(a) and/or to increase the ordinary hours per day to a maximum of 12.

(c) Where employees were required to work 12 hour shifts under roster and working hours arrangements which were in place before 1 January 2010 those arrangements may continue to operate in respect to both existing employees and new employees.

17.3 Shiftworkers

[16.3 renumbered as 17.3 and substituted by PR992071]

(a) Subject to clause 17.3(c) shiftworkers may be required to work a shift of up to 10 consecutive ordinary hours (including meal breaks). Shiftwork may be worked on any or all days of the week.

(b) An employer may agree with a majority of affected employees to alter the spread of hours in clause 17.3(a) and/or to increase the ordinary hours per day to a maximum of 12.

17.4 Special arrangements for cycle work

[17.4 inserted by PR992071]

Notwithstanding any other provision of this award, the following arrangements apply to employees who are required to undertake a work cycle:

(a) Employees may be engaged to work on a work cycle made up of working and non - working days. The total ordinary hours of work during a work cycle must not exceed 38 hours multiplied by the total number of working (on - duty period) and non - working (off - duty period) days in the cycle divided by seven.

(b) The on - duty period commences at the time the employee reports to the point designated by the employer for commencement of work at the workplace. The off - duty period commences at the conclusion of the employee's last rostered shift.

18. Maximum weekly hours

[17 renumbered as 18 by PR992071]

18.1 This clause of the award provides industry specific detail and supplements the NES which deals with maximum weekly hours.

18.2 For the purposes of the NES an employee's weekly hours may be averaged over a period of up to 26 weeks.

19. Overtime and penalty rates

[18 renumbered as 19 by PR992071]

19.1 Overtime payments - employees other than continuous shiftworkers

(a) Except where provided otherwise in this clause, an employee (other than a continuous shiftworker) will be paid the following additional payments for all work done in addition to their ordinary hours:

(i) 50% of the ordinary hourly base rate of pay for the first three hours and 100% of ordinary hourly base rate of pay thereafter, for overtime worked from Monday until noon Saturday;

(ii) 100% of the ordinary hourly base rate of pay for overtime worked after noon on a Saturday or at any time on a Sunday; and

(iii) 150% of the ordinary hourly base rate of pay for overtime worked on a public holiday.

(b) An employee recalled to work overtime after leaving the employer's premises (whether notified before or after leaving the premises) will be engaged to work for a minimum of four hours or will be paid for a minimum of four hours work in circumstances where the employee is engaged for a lesser period.

19.2 Overtime - continuous shiftworkers

A continuous shiftworker will be paid an additional payment for all work done in addition to ordinary hours of 100% of the ordinary hourly base rate of pay.

19.3 Method of calculation

(a) When computing overtime payments, each day or shift worked will stand alone.

(b) Any payments under this clause are in substitution of any other loadings or penalty rates.

19.4 Time in lieu

(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.

(b) The employee may take one hour of time off for each hour of overtime, paid at the employee's ordinary hourly base rate of pay.

19.5 Shiftwork penalties

(a) A shiftworker or continuous shiftworker whilst on afternoon shift or night shift must be paid a loading of 15% of the ordinary hourly base rate of pay.

(b) A shiftworker or continuous shiftworker whilst on permanent night shift must be paid a loading of 30% of the ordinary hourly base rate of pay.

19.6 Weekend work

An employee will be paid the following loadings for ordinary hours worked on a Saturday or Sunday:

(a) 50% of the ordinary hourly base rate of pay for the first three hours and 100% of ordinary hourly base rate of pay thereafter, for ordinary hours worked before noon on a Saturday; and

(b) 100% of the ordinary hourly base rate of pay, for hours worked after noon on a Saturday or at any time on a Sunday.

19.7 Public holidays

An employee will be paid a loading of 150% of the ordinary hourly base rate of pay, for any ordinary hours worked on a public holiday.

20. Rostering

[19 renumbered as 20 by PR992071]

20.1 An employer may vary an employee's days of work or start and finish times to meet the needs of the business by giving at least 48 hours' notice, or such shorter period as is agreed between the employer and an individual employee.

20.2 Where an employee is performing shiftwork, the employer may change shift rosters or require an employee to work a different shift roster upon 48 hours' notice. These time periods may be reduced where agreed by the employer and the employee or at the direction of the employer where operational circumstances require.

20.3 The employer must consult with directly affected employees about any changes made under this clause.

20.4 Emergency arrangements

Notwithstanding anything elsewhere contained in this clause, an employer may vary or suspend any roster arrangement immediately in the case of an emergency.

21. Breaks

[20 renumbered as 21 by PR992071]

21.1 Meal breaks and rest breaks

(a) An employee, other than a shiftworker, is entitled to an unpaid meal break of not less than 30 minutes after every five hours worked.

(b) A shiftworker working 10 hours or less will be entitled to a paid meal break of 20 minutes per shift.

(d) Breaks will be scheduled by the employee's supervisor based upon operational requirements so as to ensure continuity of operations. The employer will not require an employee to work more than five hours before the first meal is taken or between subsequent meal breaks if any.

21.2 Rest breaks during overtime

(a) An employee may take a paid rest break of 20 minutes after each four hours of overtime worked, if the employee is required to continue work after the rest break.

(b) The employer and an employee may agree to any variation of this clause to meet the circumstances of the workplace, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under this clause.

21.3 Minimum break between work on successive day or shifts

(a) Employees other than shiftworkers

(i) When overtime work is necessary it must, wherever reasonably practicable, be arranged so that employees have at least 10 consecutive hours off work between work on successive working days.

(ii) An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least 10 consecutive hours off work between those times must be released after completion of the overtime until the employee has had 10 consecutive hours off work without loss of pay for ordinary working time occurring during such absence.

(iii) If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off work, the employee must be paid at the relevant overtime rate until released from work for such period. The employee is then entitled to be absent until they have had 10 consecutive hours off work without loss of pay for ordinary working time occurring during the absence.

(b) Shiftworkers

For shiftworkers, the required period of consecutive hours off work is eight hours. Other arrangements are as per clauses 21.3(a)(i) to 21.3(a)(iii) above.

Part 6 - Leave and Public Holidays

22. Annual leave

[21 renumbered as 22 by PR992071]

22.1 This clause of the award supplements the provisions of the NES which deal with annual leave. Annual leave does not apply to casual employees.

22.2 For the purposes of the provisions of the NES which deal with annual leave, shiftworker means a continuous shiftworker.

22.3 Arrangements for taking leave

[22.3 inserted by PR992071]

(a) Where an employee works in a remote location or on cycle work made up of working days and non - working days, a period of paid annual leave includes working and non - working days during the period.

(b) Where an employee works in a remote location or on cycle work made up of working days (on - duty period) and non - working days (off - duty period), an employer may reasonably require that:

(i) any period or periods of annual leave taken by the employee must be a multiple of the on - duty period and/or off - duty period under the employee's work cycle roster; or

(ii) the employee take annual leave in accordance with the roster cycle.

22.4 Payment for annual leave

[21.3 renumbered as 22.4 and substituted by PR992071]

The amount to be paid to an employee prior to going on leave must be worked out on the basis of the greater of:

(a) the amount the employee would have been paid for working ordinary hours during the period of annual leave, including loadings, penalties and allowances paid for all purposes (but excluding payments in respect of overtime, or any other payment which might have been payable to the employee as a reimbursement for expenses incurred); or

(b) the employee's minimum rate of pay for ordinary hours under clause 13 - Classifications and minimum wage rates of this award plus an annual leave loading of 17.5%.

22.5 Annual leave loading

[21.4 renumbered as 22.5 and deleted by PR992071]

22.6 Taking of annual leave during shut downs

[21.5 renumbered as 22.6 by PR992071]

An employer may direct an employee to take paid annual leave during all or part of a period where the employer shuts down the business or part of the business where the employee works. If an employee does not have sufficient accrued annual leave for the period of the shut down, then the employee may be required to take leave without pay.

22.7 Taking of annual leave on excessive accrual

[21.6 renumbered as 22.7 by PR992071]

An employer may direct an employee to take paid annual leave if the employee has accrued more than eight weeks or, in the case of continuous shiftworkers 10 weeks, paid annual leave, and the employer and employee are unable to reach agreement on the taking of the leave. An employer must give an employee at least 28 days' notice prior to the date the employee is required to commence the leave.

22.8 Taking of annual leave over an extended period

[21.7 renumbered as 22.8 by PR992071]

An employer and employee may agree that the employee can take a period of paid leave over a longer period. Where this occurs, the payment for the leave will be reduced in proportion to the period of extension. For example, it may be agreed that the leave period is doubled and taken on half pay.

22.9 Leave in advance

[21.8 renumbered as 22.9 by PR992071]

(a) An employee may agree with their employer to take annual leave in advance of an entitlement accruing under the NES. Where this occurs, the employee's leave balance will be reduced by an amount equivalent to the leave taken in advance as the employee's entitlement to paid annual leave accrues.

(b) The employer may deduct from the employee's termination payments, leave taken in advance where the entitlement to that leave has not accrued as at the date of termination.

23. Personal/carer's leave and compassionate leave

[22 renumbered as 23 by PR992071]

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

24. Community service leave

[23 renumbered as 24 by PR992071]

Community service leave is provided for in the NES.

25. Public holidays

[24 renumbered as 25 by PR992071]

25.1 Employees are entitled to public holidays in accordance with the NES.

25.2 Substitution of public holidays

An employer and a majority of affected employees or an individual employee may reach agreement in writing to substitute a day or part - day for a day or part - day that would otherwise be a public holiday under terms of the NES.

Schedule A
- Transitional Provisions

[Schedule A inserted by PR994050 from 01Jan10]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

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,

(b) but for the operation of an agreement - based transitional instrument or an enterprise agreement would have been obliged, or

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

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,

(b) but for the operation of an agreement - based transitional instrument or an enterprise agreement would have been obliged, or

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

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 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

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 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 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

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 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 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 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 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.

Schedule B
- Classification and Structure

[Schedule A renumbered as Schedule B by PR994050 from 01Jan10]

B.1 Classification and progression principles

B.1.1 Classification

In each of the classifications under this award it is a requirement that an employee must:

(a) perform work in a fully flexible manner as reasonably required by the employer and in accordance with the employee's ability and competence;

(b) acquire any skills as reasonably requested by the employer and, where necessary, undertake required training and assist with the training of others; and

(c) use such tools and equipment as may be required, subject to the limit of the employee's skills and competence and provided that the employee has been properly trained in the use of such tools and equipment.

B.1.2 Progression

An employee will progress through the classification levels subject to:

(d) possessing the applicable skills for the level; and

(e) being required by the employer to perform work at that level.

Progression from Level 4 and above will be subject to the employee being appointed by the employer.

B.2 Classification groups

B.2.1 Mining Industry Services Employees

A Mining Industry Services Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to: labouring; assisting work crews and tradespersons; operation of plant and equipment (including mobile plant); maintenance work on plant, equipment or buildings; performance of general plant, stores, workshop, warehouse, packaging, and marine interface tasks, resource assessment (including prospecting, drilling and exploration); preparing and cleaning equipment and materials; and on site catering cleaning and security.

This classification group also encompasses work performed by Laboratory Assistants, who do not hold tertiary qualifications.

B.2.2 Mining Industry Surface Mining and Haulage Employees

A Mining Industry Surface Mining and Haulage Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to: open cut mining activities (including labouring, sampling, spotting); operating all forms of mining industry plant and equipment (including mobile plant); operating equipment used in the transportation handling and loading (or discharge) of ores, metals, minerals and/or product (including rail activities); and all tasks associated with drilling and blasting.

B.2.3 Mining Industry Processing Employees

A Mining Industry Processing Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to: operating and adjusting all plant equipment (and associated control panels) utilised in mining industry production, processing, smelting and refining operations; and issuing clearances and permits as required.

B.2.4 Mining Industry Underground Mine Employees

A Mining Industry Underground Mine Employee is designated as such by their employer and performs all tasks as directed by their employer which include but are not limited to: underground mining activities (including labouring, sampling, drilling, blasting, mine ventilation, ground control and shaft activities); and operation and maintenance of underground mining plant and equipment (including mobile plant).

B.2.5 Mining Industry Maintenance Trades Employees

A Mining Industry Maintenance Trades Employee is designated as such by their employer, performs all tasks on the surface or underground as directed by their employer and is trade qualified.

B.3 Classification Structure

B.3.1 Entry Level - Introductory

An employee at this level is undertaking the standard induction training required for the operation or business. Such training covers: conditions of employment; mine and plant safety; first aid procedures; movement around the site; work and documentation procedures; quality control and quality assurance; and introduction to supervisors and fellow workers. Employees at this level perform routine duties under direct supervision.