Cotton Ginning Award 2010

Cotton Ginning Award 2010

 

The above award was first made on 3 April 2009 [PR986365]

This consolidated version of the award includes variations made on 11 September 2009 [PR988416]; 23 March 2010 [PR994438]; 4 June 2010 [PR997772]; 21 June 2010 [PR998141]; 21 June 2010 [PR997903]; 29 June 2010 [PR998748]

 

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

 

Table of Contents

[Varied by PR994438]

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

14.              Minimum wages

15.              Supported wage system

16.              National training wage

17.              Allowances

18.              Higher duties

19.              Payment of wages

20.              Superannuation

Part 5 - Hours of Work and Related Matters

21.              Ordinary hours of work and rostering

22.              Rostered days off

23.              Breaks

24.              Overtime

Part 6 - Leave and Public Holidays

25.              Annual leave

26.              Personal/carer's leave and compassionate leave

27.              Community service leave

28.              Public holidays

Schedule A - Transitional Provisions

Schedule B - Supported Wage System

Schedule C - National Training Wage

Appendix C1: Allocation of Traineeships to Wage Levels

 


Part 1 - Application and Operation

 

1.              Title

This award is the Cotton Ginning Award 2010.

2.              Commencement and transitional

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              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

[Varied by PR994438, PR997772]

3.1              In this award, unless the contrary intention appears:

[Definition of Act substituted by PR994438 from 01Jan10]

Act means the Fair Work Act 2009 (Cth)

[Definition of agreement - based transitional instrument inserted by PR994438 from 01Jan10]

agreement - based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of award - based transitional instrument inserted by PR994438 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 PR994438 from 01Jan10]

[Definition of employee substituted by PR994438, PR997772 from 01Jan10]

employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR994438, PR997772 from 01Jan10]

employer means national system employer within the meaning of the Act

[Definition of enterprise award deleted by PR994438 from 01Jan10]

[Definition of enterprise award - based instrument inserted by PR994438 from 01Jan10]

enterprise award - based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of enterprise NAPSA deleted by PR994438 from 01Jan10]

leading hand means an employee who is required to supervise, direct or be in charge of another employee or employees

[Definition of NAPSA deleted by PR994438 from 01Jan10]

[Definition of NES substituted by PR994438 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 PR994438 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

standard rate means the minimum hourly wage rate for classification level CG2 in clause 14 - Minimum wages

[Definition of transitional minimum wage instrument inserted by PR994438 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 definitions apply.

4.              Coverage

[Varied by PR994438]

4.1              This industry award covers employers throughout Australia operating cotton ginneries and their employees in the classifications listed in clause 13 - Classifications.

4.2              The award does not cover an employee excluded from award coverage by the Act.

[4.3 substituted by PR994438 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, 4.5 and 4.6 inserted by PR994438 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              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              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 PR994438 from 01Jan10]

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

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

5.              Access to the award and the National Employment Standards

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

6.              The National Employment Standards and this award

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

7.              Award flexibility

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

(a)              arrangements for when work is performed;

(b)              overtime rates;

(c)              penalty rates;

(d)              allowances; and

(e)              leave loading.

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

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

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

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

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

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

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

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

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

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

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

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

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

7.8              The agreement may be terminated:

(a)              by the employer or the individual employee giving 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

[Varied by PR994438]

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

[9.2 varied by PR994438 from 01Jan10]

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 Fair Work Australia.

[9.3 varied by PR994438 from 01Jan10]

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

[9.4 varied by PR994438 from 01Jan10]

9.4              Where the matter in dispute remains unresolved, Fair Work Australia 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

10.1              Employment categories are:

(a)              full - time;

(b)              part - time;

(c)              casual; or

(d)              seasonal.

Employees, other than casuals, covered by this award must be advised in writing of their employment category upon appointment.

10.2              Full - time employment

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

10.3              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.

(c)              An employer must inform a part - time employee of the ordinary hours of work and starting and finishing times.

(d)              All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

10.4              Casual employment

(a)              A casual employee is engaged on an hourly basis and paid as such.

(b)              A casual employee will be paid for each ordinary hour worked at 1/38th of the weekly wage prescribed by clause 14 - Minimum wages, plus 25% of that amount.

(c)              Casual work may, by mutual agreement, be paid for on the employer's normal pay day or on completion of each engagement and casual employees will be paid during ordinary working hours.

(d)              The provisions of the following clauses in this award will not apply to casual employees: clause 28 - Public holidays; clause 19 - Payment of wages; and clause 11 - Termination of employment.

(e)              In the case of a penalty rate and loading applying, the casual employee will only receive the penalty rate and not the loading. Further, in the case of more than one loading applying, a casual employee will receive only one loading and, where loadings are at a different rate, casual employees will receive the loading at the greater rate.

10.5              Casual conversion

(a)              A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this award during a calendar period of 12 months will have the right to elect to have their ongoing contract of employment converted to permanent full - time employment or part - time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

(b)              Every employer of a casual employee who seeks to convert to full - time or part - time employment will give the employee notice in writing of the provisions of this subclause within four weeks of the employee having attained the period of 12 months. However, the employee retains their right of election under this subclause if the employer fails to comply with this notice requirement.

(c)              Any casual employee who has a right to elect under clause 10.5(a) upon receiving notice under clause 10.5(b) or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the employer that they seek to elect to convert their ongoing contract of employment to full - time or part - time employment, and within four weeks of receiving such notice from the employee, the employer must consent to or refuse the election, but must not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so must be fully stated and discussed with the employee concerned, and a genuine attempt must be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment must be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(d)              Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert their ongoing contract of employment to full - time employment or part - time employment will be considered to have elected against any such conversion.

(e)              Once a casual employee has elected to become and been converted to a full - time employee or a part - time employee, the employee may only revert to casual employment by written agreement with the employer.

(f)              If a casual employee has elected to have their contract of employment converted to full - time or part - time employment in accordance with clause 10.5(c), the employer and employee must discuss and agree upon:

(i)              whether the employee will convert to full - time or part - time employment; and

(ii)              if it is agreed that the employee will become a part - time employee, the number of hours and the pattern of hours that will be worked are to be consistent with any other part - time employment provisions of this award;

provided that an employee who has worked on a full - time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full - time employment and an employee who has worked on a part - time basis during the period of casual employment has the right to elect to convert their contract of employment to part - time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

(g)              Following an agreement being reached, the employee must convert to full - time or part - time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full - time or part - time employment, it must be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(h)              An employee must not be engaged and re - engaged, dismissed or replaced in order to avoid any obligation under this subclause.

10.6              Seasonal employees

A seasonal employee means an employee who is engaged from time to time to supplement the permanent work force. Upon termination such employees will be entitled to payment of an amount equal to the value of the pro rata accumulation of benefits of a full - time employee for the period of the seasonal 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

[Varied by PR994438]

12.1              Redundancy pay is provided for in the NES.

12.2              Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer's option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

12.3              Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

12.4              Job search entitlement

(a)              An employee given notice of termination in circumstances of redundancy must be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b)              If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c)              This entitlement applies instead of clause 11.3.

12.5              Transitional provisions

[12.5 substituted by PR994438 from 01Jan10]

(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 notional agreement preserving a State award:

(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 - based transitional instrument or enterprise agreement 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 notional agreement preserving a State award is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(c)              This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              Clause 12.5 ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

 

13.              Classifications

13.1              Cotton ginning employee level 1 (CG1)

Employees at this level are general workers involved in the cleaning of the yard and gin, general delivery work or manual labour.

Minimal training or experience is required to competently function in the role.

13.2              Cotton ginning employee level 2 (CG2)

Employees at this level:

(a)              are workers who are in charge of operating a piece of machinery (mobile plant or gin machinery) where greater OH&S considerations exist compared with CG1 roles; and

(b)              may require external tickets or internal assessment before operating this kind of machinery, excluding the requirement of a standard driver's licence.

13.3              Cotton ginning employee level 3 (CG3)

Employees at this level:

(a)              are machine operators (as per CG2) with two or more seasons of experience at CG2 within the cotton industry including returning seasonal employees; or

(b)              are assistant/trainee ginners who are required to understand the use of and assist with the maintenance of the gin equipment and do not possess Certificate III in Ginning or equivalent experience.

13.4              Cotton ginning employee level 4 (CG4)

Employees at this level:

(a)              are weighbridge operators;

(b)              are assistant ginners who have completed the Certificate III in Ginning or possess the equivalent experience; or

(c)              are experienced and/or qualified maintenance people operating gin equipment.

13.5              Cotton ginning employee level 5 (CG5)

Employees at this level are ginners who are responsible for the operation of the gin and may supervise and run a team of employees.

14.              Minimum wages

[14. varied by PR997903 ppc 01Jul10]

Employees are entitled to the following minimum weekly wages for the classification in which they are employed:

Classification

Minimum weekly rate

$

Minimum hourly rate

$

CG1

575.60

15.15

CG2

605.60

15.94

CG3

617.30

16.24

CG4

636.60

16.75

CG5

663.60

17.46

15.              Supported wage system

See Schedule B

16.              National training wage

See Schedule C

17.              Allowances

[Varied by PR994438, PR998141]

17.1              First aid allowance

An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid an additional amount each week of 75% of the standard rate if appointed by their employer to perform first aid duty.

17.2              Meal allowance

[17.2 varied by PR998141 ppc 01Jul10]

A meal allowance of $11.18 per meal will be paid where an employee is required to work overtime for more than one hour after ordinary ceasing time and where that employee has not been notified the day before.

17.3              Leading hands

An employee who is appointed by the employer to be a leading hand will be paid an allowance each week as follows, which will form part of the ordinary wage rate:

In charge of

% of standard rate per week

3-10 employees

166

11-20 employees

248

more than 20 employees

316

17.4              Disabilities allowance

Employees will be paid a weekly allowance of 138% of the standard rate. This amount will be in addition to all other amounts due, and will be treated for all purposes of this award.

This allowance will be in compensation for all disabilities experienced in this particular industry.

17.5              Special allowance - bulk liquid tanks

A special allowance of 3% of the standard rate will be paid each hour to employees who are required to work in bulk liquid tanks. This special allowance will be paid for the purposes of confined space and will be paid as for a minimum of four hours.

17.6              Special contingency payment

(a)              A special contingency payment will be made each week to full - time employees as follows:

Location

% of the standard rate per week

Moura and Cecil Plains

239

Emerald and St George

347

(b)              Employees engaged as seasonal workers will be paid 30% of the payment as calculated above.

(c)              The payment will be a flat payment.

17.7              District allowances

(a)              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):

[17.7(a)(i) substituted by PR994438 from 01Jan10]

(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 - based transitional instrument or enterprise agreement had applied to the employee; and

(ii)              that would have entitled the employee to payment of a district allowance.

(b)              Western Australia

[17.7(b) substituted by PR994438 from 01Jan10]

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

(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 - based transitional instrument or enterprise agreement had applied to the employee; and

(ii)              that would have entitled the employee to payment of a district allowance.

(c)              Clauses 17.7(a) and (b) cease to operate on 31 December 2014.

17.8              Adjustment of 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:

Allowance

Applicable Consumer Price Index figure

Meal allowance

Take away and fast foods sub - group

18.              Higher duties

An employee who is required to perform work for four hours or more in any one day for which a higher classification rate is paid, will be paid the higher rate for the whole day. If required to work for less than four hours, the employee will be paid the higher rate for the actual time worked. An employee who is required to perform work for which a lower rate is paid will not have their own rate of pay reduced.

19.              Payment of wages

19.1              Wages will be paid weekly in the employer's time.

19.2              One day of each pay period will be recognised as pay day.

19.3              At the option of the employer, the method of payment will be by cash, electronic funds transfer or cheque drawn on an account with a local bank.

19.4              Subject to agreement between the majority of employees and the employer, fortnightly pay periods may be introduced.

20.              Superannuation

[Varied by PR994438]

20.1              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.

20.2              Employer contributions

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

20.3              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 20.2.

(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 20.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or (b) was made.

20.4              Superannuation fund

[20.4 varied by PR994438 from 01Jan10]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b) to one of the following superannuation funds or its successor:

(a)              Australian Public Superannuation Fund;

(b)              Asset Super;

(c)              AustSafe Super; or

(d)              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.

Part 5 - Hours of Work and Related Matters

 

21.              Ordinary hours of work and rostering

[Varied by PR994438]

21.1              Day workers

(a)              The ordinary hours of day work must not exceed 38 per week and such hours may be worked in five days in each week from Monday to Friday inclusive, between the hours of 6.00 am and 8.00 pm.

(b)              The ordinary hours of day work will be worked on either one of the following bases, the choice of which will be at the employer's discretion:

(i)              not to exceed seven hours and 36 minutes continuous per day; or

(ii)              not to exceed eight hours continuous per day, provided that 24 minutes thereof will accrue toward a rostered day off.

(c)              All work done in excess of ordinary hours of work will be overtime and paid at overtime rates.

21.2              Night workers

(a)              The ordinary hours of night work must not exceed 38 per week to be worked in five nights, Monday to Friday inclusive, such hours to be worked between the hours of 6.00 pm and 8.00 am.

(b)              Night workers will be allowed a meal break of at least 20 minutes, which will be counted as time worked.

(c)              Night workers will be paid a loading of 15% of the appropriate weekly rate. This loading will not be cumulative or taken into account in calculating rates payable for overtime, Saturday and Sunday work or work on a public holiday.

[21.2(d) varied by PR994438 from 01Jan10]

(d)              No night work will be worked on Saturday or Sunday night except at overtime rates.

(e)              The ordinary hours of night work will be worked on either of the following bases, the choice of which will be at the employer's discretion:

(i)              seven hours and 36 minutes continuous per night; or

(ii)              eight hours continuous per night, provided 24 minutes thereof accrues toward a rostered day off.

(f)              All time worked in excess of the ordinary hours of work will be overtime and paid at overtime rates.

22.              Rostered days off

22.1              An employer may operate a system where rostered days off are accumulated, and paid at the ordinary rates when taken based on the following provisions:

(a)              RDOs may be accrued on a time for time basis (not penalty rates);

(b)              RDOs may be taken on any day from Monday to Friday;

(c)              RDOs may accumulate;

(d)              RDOs may be taken up to a maximum of five consecutive days; and

(e)              the day off must be rostered as such and agreed by the employer.

22.2              An employer must not require an employee to work on a rostered day off unless:

(a)              the employer gives a clear seven days' notice and provides an alternative day within the next 20 working days or otherwise entitles that employee to accumulate the RDO;

(b)              where the employer fails to provide seven days' notice for whatever reason, the employee will be paid at overtime rates for all time worked on the RDO.

22.3              An employer will not require an RDO to be taken on a Saturday or Sunday or on a public holiday.

22.4              For accrual purposes all days worked excluding paid leave and public holidays occurring during the currency of work performed during ordinary hours will be regarded as a day worked.

22.5              Accrued days or payment for pro rata accruals will be paid out on termination on a time for time basis at the ordinary rate for pay.

23.              Breaks

[23.1 varied by PR994438 from 01Jan10]

23.1              Meal break

No employee will work for more than five hours without a suitable interval for a meal, which will be no less than 30 minutes duration, but such working hours may be extended to six hours without a meal break with the consent of the employee.

23.2              Rest break

A morning and afternoon tea paid rest break of 10 minutes will be allowed to each employee but the majority of employees and the employer may agree that the morning and afternoon tea breaks be consolidated with each other or, alternatively, each or both of the morning and afternoon tea breaks can be consolidated with the meal break.

23.3              Where an employee is required to work overtime for more than one hour after ordinary ceasing time and where the employee is not notified the day before, they will be paid an amount as set out in clause 17.2.

23.4              10 hour break after ceasing work for the day

(a)              An employee is entitled to a break of 10 hours between finishing work on one day and commencing work on the next day.

(b)              Overtime rates will be paid for work required to be performed where an employee has not had the 10 hour break, until such time as the employee is released and able to take the 10 hour break.

24.              Overtime

24.1              Payment for overtime worked between Monday and Friday

Subject to clauses 24.2 and 24.3 all time worked in excess of or outside the ordinary working hours, as specified in clause 21 - Ordinary hours of work and rostering, on any one day will be paid at the rate of time and a half for the first two hours and double time thereafter.

24.2              Payment for overtime worked on a Saturday

All time worked on a Saturday will be paid for at the rate of time and a half for the first two hours and double time thereafter.

24.3              Payment for overtime worked on a Sunday

All time worked on a Sunday will be paid for at the rate of double time with a minimum payment of four hours.

Part 6 - Leave and Public Holidays

 

25.              Annual leave

25.1              Annual leave entitlement

Annual leave entitlements are provided for in the NES. This clause supplements those entitlements and provides industry specific detail.

25.2              Payment for annual leave

In addition to an employee's base rate of pay, an employee will be paid a further amount calculated at the rate of 17.5% of the employee's ordinary wage rate as prescribed by this award for the period of annual leave (excluding shift loadings).

26.              Personal/carer's leave and compassionate leave

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

27.              Community service leave

Community service leave is provided for in the NES.

28.              Public holidays

28.1              Public holidays are provided for in the NES.

28.2              All work done by any employee on a public holiday will be paid for at the rate of double time and a half with a minimum payment of four hours.

 

Schedule A - Transitional Provisions

[Varied by PR994438]

A.1              General

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

[A.1.2 substituted by PR994438 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 PR994438 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 PR994438 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 PR994438 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 PR994438 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 PR994438 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 PR994438 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 PR994438 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 PR994438 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 PR994438 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.

Schedule B
- Supported Wage System

[Sched B varied by PR994438, PR998748]

B.1              This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

B.2              In this schedule:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system

assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, 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 means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au

SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee's productive capacity and agreed wage rate

B.3              Eligibility criteria

B.3.1              Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

B.3.2              This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

B.4              Supported wage rates

B.4.1              Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause B.5)

%

Relevant minimum wage

%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

[B.4.2 varied by PR994438, PR998748 ppc 01Jul10]

B.4.2              Provided that the minimum amount payable must be not less than $73 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              Assessment of capacity

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 PR994438 from 01Jan10]

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 Fair Work Australia.

[B.6.2 varied by PR994438 from 01Jan10]

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 Fair Work Australia to the union by certified mail and the agreement will take effect unless an objection is notified to Fair Work Australia 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 PR994438, PR998748 ppc 01Jul10]

B.10.3              The minimum amount payable to the employee during the trial period must be no less than $73 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

[Sched C inserted by PR994438, varied by PR997903]

C.1              Title

This is the National Training Wage Schedule.

C.2              Definitions

In this schedule:

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

approved training means the training specified in the training contract

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

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

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

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

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

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

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

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; or

Western Australia: Vocational Education and Training Act 1996

trainee is an employee undertaking a traineeship under a training contract

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

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

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

year 10 includes any year before Year 10

C.3              Coverage

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

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

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

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

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

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

C.4              Types of Traineeship

The following types of traineeship are available under this schedule:

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

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

C.5              Minimum Wages

[C.5 substituted by PR997903 ppc 01Jul10]

C.5.1              Minimum wages for full - time traineeships

(a)              Wage Level A

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

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

 

$

$

$

School leaver

256.00

282.00

336.00

Plus 1 year out of school

282.00

336.00

391.00

Plus 2 years out of school

336.00

391.00

455.00

Plus 3 years out of school

391.00

455.00

521.00

Plus 4 years out of school

455.00

521.00

 

Plus 5 or more years out of school

521.00

 

 

(b)              Wage Level B

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

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

 

$

$

$

School leaver

256.00

282.00

327.00

Plus 1 year out of school

282.00

327.00

376.00

Plus 2 years out of school

327.00

376.00

441.00

Plus 3 years out of school

376.00

441.00

503.00

Plus 4 years out of school

441.00

503.00

 

Plus 5 or more years out of school

503.00

 

 

(c)              Wage Level C

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

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

 

$

$

$

School leaver

256.00

282.00

327.00

Plus 1 year out of school

282.00

327.00

368.00

Plus 2 years out of school

327.00

368.00

411.00

Plus 3 years out of school

368.00

411.00

458.00

Plus 4 years out of school

411.00

458.00

 

Plus 5 or more years out of school

458.00

 

 

(d)              AQF Certificate Level IV traineeships

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

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

Wage level

First year of traineeship

Second and subsequent years of traineeship

 

per week

per week

 

$

$

Wage Level A

541.00

562.00

Wage Level B

522.00

542.00

Wage Level C

475.00

493.00

C.5.2              Minimum wages for part - time traineeships

(a)              Wage Level A

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

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.42

9.28

11.05

Plus 1 year out of school

9.28

11.05

12.86

Plus 2 years out of school

11.05

12.86

14.97

Plus 3 years out of school

12.86

14.97

17.14

Plus 4 years out of school

14.97

17.14

 

Plus 5 or more years out of school

17.14

 

 

(b)              Wage Level B

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

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.42

9.28

10.76

Plus 1 year out of school

9.28

10.76

12.37

Plus 2 years out of school

10.76

12.37

14.51

Plus 3 years out of school

12.37

14.51

16.55

Plus 4 years out of school

14.51

16.55

 

Plus 5 or more years out of school

16.55

 

 

(c)              Wage Level C

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

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.42

9.28

10.76

Plus 1 year out of school

9.28

10.76

12.11

Plus 2 years out of school

10.76

12.11

13.52

Plus 3 years out of school

12.11

13.52

15.07

Plus 4 years out of school

13.52

15.07

 

Plus 5 or more years out of school

15.07

 

 

(d)              School - based traineeships

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

Year of schooling

Year 11 or lower

Year 12

per hour

per hour

$

$

8.42

9.28

(e)              AQF Certificate Level IV traineeships

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

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

Wage level

First year of traineeship

Second and subsequent years of traineeship

 

per hour

per hour

 

$

$

Wage Level A

17.80

18.49

Wage Level B

17.17

17.83

Wage Level C

15.63

16.22

(f)              Calculating the actual minimum wage

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

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

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

C.5.3              Other minimum wage provisions

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

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

C.5.4              Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I-III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix C1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I-III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

 

C.6              Employment conditions

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

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

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

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


Appendix C1: Allocation of Traineeships to Wage Levels

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

C1.1              Wage Level A

Training package

AQF certificate level

Aeroskills

II

Aviation

I
II
III

Beauty

III

Business Services

I
II
III

Chemical, Hydrocarbons and Refining

I
II
III

Civil Construction

III

Coal Training Package

II
III

Community Services

II
III

Construction, Plumbing and Services Integrated Framework

I
II
III

Correctional Services

II
III

Drilling

II
III

Electricity Supply Industry - Generation Sector

II
III (in Western Australia only)

Electricity Supply Industry - Transmission, Distribution and Rail Sector

II

Electrotechnology

I
II
III (in Western Australia only)

Financial Services

I
II
III

Floristry

III

Food Processing Industry

III

Gas Industry

III

Information and Communications Technology

I
II
III

Laboratory Operations

II
III

Local Government (other than Operational Works Cert I and II)

I
II
III

Manufactured Mineral Products

III

Manufacturing

I
II
III

Maritime

I
II
III

Metal and Engineering (Technical)

II
III

Metalliferous Mining

II
III

Museum, Library and Library/Information Services

II
III

Plastics, Rubber and Cablemaking

III

Public Safety

III

Public Sector

II
III

Pulp and Paper Manufacturing Industries

III

Retail Services (including wholesale and Community pharmacy)

III

Telecommunications

II
III

Textiles, Clothing and Footwear

III

Tourism, Hospitality and Events

I
II
III

Training and Assessment

III

Transport and Distribution

III

Water Industry (Utilities)

III

C1.2              Wage Level B

Training package

AQF certificate level

Animal Care and Management

I
II
III

Asset Maintenance

I
II
III

Australian Meat Industry

I
II
III

Automotive Industry Manufacturing

II
III

Automotive Industry Retail, Service and Repair

I
II
III

Beauty

II

Caravan Industry

II
III

Civil Construction

I

Community Recreation Industry

III

Entertainment

I
II
III

Extractive Industries

II
III

Fitness Industry

III

Floristry

II

Food Processing Industry

I
II

Forest and Forest Products Industry

I
II
III

Furnishing

I
II
III

Gas Industry

I
II

Health

II
III

Local Government (Operational Works)

I
II

Manufactured Mineral Products

I
II

Metal and Engineering (Production)

II
III

Outdoor Recreation Industry

I
II
III

Plastics, Rubber and Cablemaking

II

Printing and Graphic Arts

II
III

Property Services

I
II
III

Public Safety

I
II

Pulp and Paper Manufacturing Industries

I
II

Retail Services

I
II

Screen and Media

I
II
III

Sport Industry

II
III

Sugar Milling

I
II
III

Textiles, Clothing and Footwear

I
II

Transport and Logistics

I
II

Visual Arts, Craft and Design

I
II
III

Water Industry

I
II

 


C1.3              Wage Level C

Training package

AQF certificate level

Agri - Food

I

Amenity Horticulture

I
II
III

Conservation and Land Management

I
II
III

Funeral Services

I
II
III

Music

I
II
III

Racing Industry

I
II
III

Rural Production

I
II
III

Seafood Industry

I
II
III

 

About this document
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Code:
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Title:
Cotton Ginning Award 2020
Effective:
1 Jul 2021
Instrument Type:
Modern Award
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Cotton Ginning Award 2020
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