Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
10. Dispute resolution procedure training leave
Part 3—Types of Employment and Termination of Employment
Part 4—Minimum Wages and Related Matters
14. Classifications and minimum wage rates
Part 5—Hours of Work and Related Matters
22. Overtime and penalty rates
Part 6—Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
SCHEDULE A—TRANSITIONAL PROVISIONSSCHEDULE B—CLASSIFICATION STRUCTURE
SCHEDULE C—SCHOOL-BASED APPRENTICES
SCHEDULE D—SUPPORTED WAGE SYSTEM
SCHEDULE E—2013 PART-DAY PUBLIC HOLIDAYS
MA000030 - Market and Social Research Award 2010
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 13 November 2013 (variation PR544519).
Clauses affected by the most recent variation:
Market and Social Research Award 2010
NOTE:
Transitional provisions may apply to certain clauses –see clause 2 and Schedule A
To determine the transitional amount or loading,go to the version of this modern award in operation prior to 1 July 2010 which does not include:
(a) variations to minimum wages resulting from the Annual Wage Review 2009-10;or
(b) variations in expense related allowances operative from 1 July 2010.
[Varied by PR988404,PR532630,PR544519]
Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
10. Dispute resolution procedure training leave
Part 3—Types of Employment and Termination of Employment
Part 4—Minimum Wages and Related Matters
14. Classifications and minimum wage rates
Part 5—Hours of Work and Related Matters
22. Overtime and penalty rates
Part 6—Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
Schedule A—Transitional Provisions
Schedule B—Classification Structure
Schedule C—School-based Apprentices
Schedule D—Supported Wage System
Schedule E—2013 Part-day public holidays
Part 1—Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
This award is the Market and Social Research Award 2010.
2. Commencement and transitional
[Varied by PR988404]
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 PR994512,PR997772,PR503639]
3.1 In this award,unless the contrary intention appears:
[Definition of Act substituted by PR994512 from 01Jan10]
Act means the Fair Work Act 2009 (Cth)
[Definition of agreement-based transitional instrument inserted by PR994512 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 PR994512 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 PR994512 from 01Jan10]
[Definition of Division 2B State award inserted by PR503639 ppc 01Jan11]
Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of Division 2B State employment agreement inserted by PR503639 ppc 01Jan11]
Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
[Definition of employee substituted by PR994512,PR997772 from 01Jan10]
employee means national system employee within the meaning of the Act
[Definition of employer substituted by PR994512,PR997772 from 01Jan10]
employer means national system employer within the meaning of the Act
[Definition of enterprise award deleted by PR994512 from 01Jan10]
[Definition of enterprise award-based instrument inserted by PR994512 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 PR994512 from 01Jan10]
[Definition of NAPSA deleted by PR994512 from 01Jan10]
[Definition of NES substituted by PR994512 from 01Jan10]
[Definition of on-hire inserted by PR994512 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 for a Market research interviewer in clause 14—Classifications and minimum wage rates
[Definition of transitional minimum wage instrument inserted by PR994512 from 01Jan10]
3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.
[Varied by PR994512]
4.1 This industry award covers employers throughout Australia who are engaged in the market and social research industry in respect of work by their employees in the classifications listed in clause 14—Classifications and minimum wage rates to the exclusion of any other modern award.
4.2 Market and social research industry means all market and social research including every process,trade,business or occupation on or in relation to or in connection with market and social research and all support work engaged in or in connection with market or social research,for both public and private purposes.
Market and social research includes both qualitative and quantitative research,including the gathering,recording or analysing of information or data related to governments,markets,business consultancy,consumers or competitors,or any processes or activities incidental or ancillary to such work.
This industry award does not cover:
(a) an employee excluded from award coverage by the Act;or
[4.3(b) deleted by PR994512 from 01Jan10]
[4.3(c) renumbered as 4.3(b) by PR994512 from 01Jan10]
(b) an employer covered by the Higher Education Industry—Academic Staff—Award 2010.
[New 4.4 inserted by PR994512 from 01Jan10]
4.4 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 4.5 inserted by PR994512 from 01Jan10]
4.5 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.
[New 4.6 inserted by PR994512 from 01Jan10]
4.6 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.
[New 4.7 inserted by PR994512 from 01Jan10]
4.7 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 4.8 by PR994512 from 01Jan10]
4.8 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.
7.1 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
10. Dispute resolution procedure training leave
8. Consultation regarding major workplace change
(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.
[Varied by PR994512]
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 PR994512 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 PR994512 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 PR994512 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.
10. Dispute resolution procedure training leave
10.1 Subject to clause 10.2,an eligible employee representative will be entitled to,and the employer will grant,up to five days training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Workplace Relations Act 1996 (Cth),or with any relevant agreement which provides it is to be read in conjunction with this award.
10.2 The employer will not be required in any calendar year to provide dispute resolution training leave across the whole workforce of that employer in excess of:
(a) a total of 20 days’leave;
(b) leave for the lesser of five employees nationally or three employees in any one state or territory.
10.3 The granting of leave,pursuant to this clause,will be subject to:
(a) the employee or the union giving not less than 25 working days’written notice of the intention to attend such course,or such lesser period of notice as may be agreed by the employer. Such written notice must include the nature,content and duration of the course to be attended;and
(b) the employer being able to make adequate staffing arrangements amongst current employees during the period of such leave. An employer will not use this subclause to avoid an obligation under this clause.
10.4 Leave of absence granted pursuant to this clause will count as service for all purposes of this award.
10.5 Each employee on leave approved in accordance with this clause will be paid all ordinary time earnings. For the purpose of this subclause ordinary time earnings for an employee means the classification rate,overaward payment,superannuation and shift loading which otherwise would have been payable.
10.6 All expenses (such as travel,accommodation and meals) associated with or incurred by the employee attending a training course as provided for in this clause will be the responsibility of the employee or,where relevant,the union.
10.7 An employee may be required to satisfy the employer of attendance at the course to qualify for payment of leave,unless the employee would otherwise have been entitled to payment under clause 24—Personal/carer’s leave and compassionate leave.
10.8 In the event a scheduled rostered day off falls within a period of leave approved pursuant to this clause,no alternative day of leave will be substituted instead.
10.9 Employees will be allowed up to two hours of paid time per year to attend union meetings at the employer’s premises which are designed to facilitate awareness and understanding of the dispute resolution procedure in this award.
Part 3—Types of Employment and Termination of Employment
An employee not specifically engaged on a part-time or casual basis is a full-time employee for the purposes of this award.
11.1 Full-time employment
A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.
11.2 Part-time employment
A part-time employee is an employee who:
(a) is engaged to work an average of fewer than 38 ordinary hours per week;and
(b) receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees who do the same kind of work.
11.3 Casual employment
(a) A casual employee is one engaged and paid as such. A casual employee’s ordinary hours of work are usually irregular and less than an average of 38 hours per week or the hours required to be worked by the employer.
(b) The casual loading of 25% is paid instead of annual leave,personal/carer’s leave,notice of termination,redundancy benefits and the other attributes of full-time or part-time employment.
12.1 Notice of termination is provided for in the NES.
12.2 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.
Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
[Varied by PR994512,PR503639]
13.1 Redundancy pay is provided for in the NES.
13.2 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.
13.3 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.
13.4 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 12.3.
13.5 Transitional provisions –NAPSA employees
[13.5 substituted by PR994512 from 01Jan10;renamed by PR503639 ppc 01Jan11]
(a) Subject to clause 13.5(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 13.5 ceases to operate on 31 December 2014.
13.6 Transitional provisions –Division 2B State employees
[13.6 inserted by PR503639 ppc 01Jan11]
(a) Subject to clause 13.6(b),an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a Division 2B State award:
(i) that would have applied to the employee immediately prior to 1 January 2011,if the employee had at that time been in their current circumstances of employment and no Division 2B State employment agreement 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 Division 2B 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 13.6 ceases to operate on 31 December 2014.
Part 4—Minimum Wages and Related Matters
14. Classifications and minimum wage rates
14. Classifications and minimum wage rates
[Varied by PR988404;substituted by PR997910,PR509061,PR522892,PR536695 ppc 01Jul13]
Minimum weekly rate (full-time) | Minimum annual salary (full-time) | Minimum hourly rate (full-time/ part-time) | Hourly rate (casual) | |
Classification | $ | $ | $ | $ |
Market research trainee | 651.80 | 33,894 | 17.15 | 21.44 |
Support employee first year | 708.80 | 36,858 | 18.65 | 23.31 |
Support employee thereafter | 729.00 | 37,908 | 19.18 | 23.98 |
Market research interviewer | 729.00 | 37,908 | 19.18 | 23.98 |
Executive (face-to-face) interviewer and door-to-door interviewer | 736.10 | 38,277 | 19.37 | 24.21 |
Editor/Coder/Keyboard operator | 741.50 | 38,558 | 19.51 | 24.39 |
Team leader | 776.30 | 40,368 | 20.43 | 25.54 |
Field supervisor | 833.90 | 43,363 | 21.94 | 27.43 |
Research assistant | 833.90 | 43,363 | 21.94 | 27.43 |
Field manager | 910.70 | 47,356 | 23.97 | 29.96 |
Research officer | 910.70 | 47,356 | 23.97 | 29.96 |
Research manager | 1198.60 | 62,327 | 31.54 | 39.43 |
14.1 The definitions of the above classifications are contained in Schedule B—Classification Structure of this award.
14.2 All employees covered by this award must be classified according to the structure set out in Schedule B. Employers must advise their employees in writing of their classification and of any changes to their classification.
14.3 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.
14.4 For the purposes of this clause,any entitlement to a minimum wage expressed to be by the week means any entitlement which an employee would receive for performing 38 hours of work.
14.5 Payment on a total wage basis
An employer may pay a regular employee on a total wage basis instead of the wages and penalty payments set out in this clause,clauses 17—Allowances,22—Overtime and penalty rates,and 23.2—Annual leave loading,provided that such total wage is not less than the total minimum wages set out in this clause,plus 25%.
14.6 Payment on a commission basis
(a) An employer may pay a regular or casual employee on a total commission basis (such as a fee per placement) instead of the wages and penalty payments set out in this clause,clauses 17—Allowances,21—Ordinary hours of work,and 22—Overtime and penalty rates,provided that such commission payments:
(i) are reasonably expected to result in total payments to employees which are not less than the total wages and penalty payments otherwise payable for such work;and
(ii) have been agreed to by the employee in advance of the period of employment for the project(s).
(b) Unless agreed otherwise between the employer and the employee,the employer will provide the employee with a form,including the following assurances by the employer:
(i) the details of the amount and terms of payments offered;
(ii) an assurance that the employer has previously conducted or trialled the same or a very similar project under very similar circumstances and times using similarly briefed and capable employees being paid wages and penalties for time worked;
(iii) an assurance that such prior actual experience is sufficient to objectively establish that the total commission payments in most cases will provide an average competent employee with payments not less than would be the case from payment of wages and penalties for time worked,plus a contingency margin of 10%;and
(iv) the form will be signed by the employee accepting the payment on the total commission basis offered and returned in advance of the period of employment for the project(s).
[Varied by PR988404]
See Schedule C
[Varied by PR988404]
See Schedule D
[Varied by PR994512,PR523013,PR536816]
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.
[17.1 substituted by PR994512 from 01Jan10]
(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):
(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
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) Clause 17.1 ceases to operate on 31 December 2014.
17.2 Reimbursement and expense related allowances
(a) Expenses reimbursement
(i) In addition to the remuneration payable under clause 14—Classifications and minimum wage rates,an employer will reimburse an employee for all expenses which have been actually and properly incurred by the employee as required by the employer in the discharge of the employee’s duties.
(ii) Such expenses as can reasonably be anticipated will be payable in advance.
(b) Motor vehicle allowance
[17.2(b) varied by PR523013,PR536816 ppc 01Jul13]
Regular or casual employees who are required by their employer to use their own motor vehicle in the performance of their duties will be paid an allowance of not less than $0.76 per kilometre subject to the following:
(i) the travel will be restricted to on-the-job motor vehicle usage;and
(ii) where an employee is required to commence work at a location away from the employee’s usual work location,the distance for motor vehicle allowance purposes will be the total distance travelled from the employee’s home and return,including on-the-job motor vehicle usage. A deduction of 22 kilometres will be made from the distance travelled in respect of employees who are paid for at least three hours in that day.
(c) Telephone allowance
If an employer requires in writing that an employee have a private telephone as part of the employee’s work duties,the employer will reimburse:
(i) the cost of rental and all telephone calls made as part of the employee’s work duties;and
(ii) the cost of the installation if the employer has required in writing that the employee install a private telephone for use in connection with the employer’s business.
(d) Relocation allowance
Any employee who is directed or required by the employer,in writing,to relocate residence to another area will be reimbursed reasonable costs for relocating personal and household effects and members of their immediate dependent family. Reasonable costs expressed in this clause are to be the amount agreed upon,in writing,between the employer and the employee prior to relocation.
(e) Damage to or theft of personal effects
An employer will reimburse an employee to a maximum of $501.20 for a single claim less any amount of reimbursement from other sources if,whilst on the employer’s business,the employee suffers either damage to or theft of clothing or personal effects,provided that such damage or theft is not in any way caused by the employee’s own wilful act or neglect.
[17.2(f) substituted by PR994512 from 01Jan10]
(i) 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.
(ii) 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 |
Damage to or theft of personal effects | Clothing and footwear group |
Motor vehicle allowance | Private motoring sub-group |
[Varied by PR994512,PR503639]
[18.1 varied by PR994512;substituted by PR503639 ppc 01Jan11]
18.1 Subject to clause 18.2,an employee is entitled to accident pay 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 27 March 2006,a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:
(a) if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument,enterprise agreement or Division 2B State employment agreement had applied to the employee;and
(b) 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.
[18.2 varied by PR994512;substituted by PR503639 ppc 01Jan11]
18.2 The employee’s entitlement to accident pay under the award,the notional agreement preserving a State award or the Division 2B State award is limited to the amount of accident pay which exceeds the employee’s entitlement to accident pay,if any,under any other instrument.
18.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.
18.4 This clause ceases to operate on 31 December 2014.
19.1 The pay period will be two weeks except,where by mutual agreement between the employer and the employee the pay period may be one or four weeks or one month.
19.2 Wages must be paid by electronic funds transfer,except where by mutual agreement between the employer and the employee they may be paid by cash or by cheque.
19.3 Payment must be made within 14 days of the employer being notified of the hours which have been worked in a pay period.
19.4 When payment is made the employer must provide to each employee in writing,a detailed statement of the nature and amount of the gross wage to which the employee is entitled,the nature and amounts of deductions made therefrom,and the precise nature of the deductions and the net amount being paid to the employee.
19.5 An employer must,on request,provide to an employee on termination a detailed statement of outstanding entitlements. The wages due to an employee must be paid on the day of such termination or forwarded via post on the next working day.
19.6 An employer must keep time and wages records showing the name of each employee,the rate of wages and commissions,the hours worked,allowances paid in accordance with this award and details of any deductions.
[Varied by PR994512]
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.
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 PR994512 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) LUCRF;or
(b) 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.
20.5 Absence from work
Subject to the governing rules of the relevant superannuation fund,the employer must also make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements;and
(ii) the employee remains employed by the employer.
Part 5—Hours of Work and Related Matters
22. Overtime and penalty rates
21.1 An average of 38 hours per week worked on any day Monday to Sunday over a work cycle will constitute ordinary full-time hours of work.
21.2 The ordinary hours of work of regular employees will be determined in advance of a work cycle after consultation between the employer and employees affected in the whole of a section of the operations of their company,provided that:
(a) the work cycle may extend over 7,14,21 or 28 consecutive days;
(b) the roster as it affects an individual employee may be varied at any time by agreement between the employee and their employer;
(c) there will be not more than 12 ordinary hours of work on any day;and
(d) except by agreement between an individual employee and their employer,a regular employee rostered to work ordinary hours on any day will be paid for at least three hours work on that day.
21.3 In the absence of agreement at the workplace level in respect of the implementation of the 38 hour week which best suits the business and the preferences of the employees concerned,the parties will apply the provisions of clause 9—Dispute resolution.
21.4 Casual employees may work on any day of the week for the casual hourly rate of pay set out in clause 14—Classifications and minimum wage rates,except that no casual employee will be required against their wishes to work between the hours of midnight and 8.00 am or more than eight hours in any day.
21.5 If a regular or casual employee is required to commence work at a location away from the employee’s usual work location,working time will include travel time between the employee’s home and the work location and return,less one hour.
21.6 Employees who are not on approved leave and who do not attend for duty will not be paid for the actual time of such non-attendance.
21.7 For the purposes of calculating leave entitlements of regular full-time employees,a day will be regarded as 7.6 hours and an ordinary working week will be regarded as 38 hours. Pro rata entitlements will apply for regular part-time employees.
21.8 Make-up time
(a) An employee may elect,with the consent of their employer,to work make-up time,under which the employee takes time off ordinary hours,and works those hours at a later time,during the spread of ordinary hours provided in the award.
(b) On each occasion that the employee elects to use this provision the resulting agreement will be recorded in the time and wages records,personnel file or forms appropriate to the enterprise,at the time when the agreement is made.
22. Overtime and penalty rates
22.1 Overtime payments—employees other than casuals
(a) Overtime will be regarded as all time worked in excess of the full-time or part-time employee’s rostered ordinary hours of work.
(b) The regular ordinary hourly wage rate plus 25% will be paid for each hour of overtime worked.
22.2 Time off instead of payment for overtime
(a) Where agreement is reached between the employer and the regular employee,the employer may grant time off instead of the payment prescribed in this clause.
(b) Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate,that is one hour for each hour worked.
(c) An employer will,if requested by an employee,provide payment,at the rate provided for the payment of overtime in the award,for any overtime worked where such time has not been taken within four weeks of accrual.
(d) On each occasion that the employee elects to use this provision the resulting agreement will be recorded in the time and wages records,personnel file or forms appropriate to the enterprise,at the time when the agreement is made.
In addition to the ordinary rates of pay set out in clause 14—Classifications and minimum wage rates,full-time and part-time employees will be paid an out-of-hours penalty for each ordinary hour of work as follows:
(a) Saturday—25% of standard rate;
(b) Sunday or public holiday—50% of standard rate;
(c) any day Monday to Friday outside the daily spread of ordinary hours—25% of standard rate.
22.4 The daily spread of ordinary hours for regular employees will be from 8.00 am to 8.00 pm provided that such hours may be varied in respect of the whole or a section of an employer’s operations by agreement in writing between the employer and the employees.
22.5 Where agreement is reached between the employer and the full-time or part-time employee,the employer may grant time off instead of the payments prescribed in this clause.
Part 6—Leave and Public Holidays
24. Personal/carer’s leave and compassionate leave
23.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees.
In addition to the entitlements in the NES,employees are entitled to a loading of 17.5% of the appropriate rates prescribed in clause 14—Classifications and minimum wage rates,for each of the four weeks up to a maximum total payment equivalent to one week of average weekly earnings.
23.3 Taking annual leave in advance
(a) If the employer and the employee agree,the annual leave may be taken in whole or in part before the employee has become entitled to the annual leave. In such circumstances accrual of further annual leave entitlements will not commence until after the expiration of the year of employment in respect of which annual leave has been partly or wholly taken.
(b) The employer must:
(i) give each employee at least seven days’notice of the date from which annual leave will be taken;and
(ii) pay wages and loading entitlements for the leave period in advance to each employee before the employee’s leave commences.
24. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
Community service leave is provided for in the NES.
Public holidays are provided for in the NES.
Schedule A—Transitional Provisions
[Varied by PR988404,PR994512,PR503639]
A.1 General
A.1.1 The provisions of this schedule deal with minimum obligations only.
[A.1.2 substituted by PR994512 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 PR994512 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 PR994512 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 PR994512 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 PR994512 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 PR994512 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 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 PR994512 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 PR994512 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 PR994512 from 01Jan10]
A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:
First full pay period on or after | |
1 July 2010 | 20% |
1 July 2011 | 40% |
1 July 2012 | 60% |
1 July 2013 | 80% |
A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.8 Former Division 2B employers
[A.8 inserted by PR503639 ppc 01Jan11]
A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.
A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.
A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.
A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.
A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.
A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.
Schedule B—Classification Structure
[Sched B varied by PR988404,PR997910,PR509061,PR522892,PR536695]
B.1 Market research trainee
[Sched B.1 varied by PR997910,PR509061 ,PR522892,PR536695 ppc 01Jul13]
Includes a Market research interviewer,Editor,Coder,Keyboard operator and/or other support employee who is allocated to less complex tasks and who usually requires extensive assistance and supervision during their first six work sessions.
An employee may be classified as a trainee until they have earned a maximum of $4122 or completed 300 hours (whichever is greater) provided that this will include all work for the employer during the previous three years and provided that once an employee has completed this training with one employer they will not then be employed at less than the rate of pay for the classification of interviewer unless the employee has left the industry for three years.
A trainee will undergo at least eight hours’training at the employer’s expense.
B.2 Support employee
Includes employees engaged principally on other market research support activities,including group recruitment. The employee will qualify for the full rate after they have completed the requirements of a Market research trainee.
B.3 Market research interviewer
Undertakes interviews with all types of respondents by telephone or face-to-face,prepares and submits all fieldwork associated documentation and attends briefing and de-briefing meetings where required. The interviewer may,where required from time to time,assist in the preparation of materials prior to or during a survey. Interviewers will qualify for the full Market research interviewer rate of pay when they have completed the requirements of a Market research trainee.
B.4 Executive (face-to-face) interviewer
Refers to a Market research interviewer who is conducting direct face-to-face interviews targeted to executive and professional interviewees covering matters relating to the special expertise of the interviewees.
Door-to-door interviewer refers to a Market research interviewer who is conducting multiple direct face-to-face interviews by calling on interviewees at the interviewee’s own premises,but does not include interviewing at central locations such as shopping centres.
B.5 Editor,Coder and Keyboard operator
Includes employees engaged on examining market research fieldwork interview or questionnaire results so as to ensure consistency,accuracy and validity,classifying interview and questionnaire results so as to be suitable for keyboard entry and for subsequent analysis as required by clients,and entering and manipulating the presentation of data on a computer or similar machine (including as required interacting with the computer,limited programming and data manipulation to ensure that file maintenance and integrity are achieved and results are presented as required for the client report).
B.6 Team leader
Includes interviewers who undertake interviews with all types of respondents by telephone or face-to-face and perform a role of providing experienced guidance,assistance and leadership by example to interviewers (including some supervision and limited practical field training).
A Team leader may also be an employee providing similar leadership role in relation to a team of other market research employees,including Auditors,Editors,Coders and/or Keyboard operators. The Team leader may also be required to liaise between Interviewers and Field managers (including checking and counting the number of interviews obtained,communicating the researcher’s instructions to the interviewer team and from time to time where required assisting and coordinating the activities of a small group of less experienced interviewers).
A Team leader will be responsible for no more than eight employees.
B.7 Field supervisor
Co-ordinates and supervises the fieldwork activities of Team leaders and Market research interviewers engaged on specific market research projects,including being responsible for the quality of the output,the training and the productivity of the field team. An employee providing a similar supervisory role in relation to other employees,including Editors,Coders and/or Keyboard operators,will be paid at the Field supervisor rate.
An employee whilst in charge of a telephone room will be employed in a classification not less than Field supervisor.
B.8 Research assistant
Assists with the duties of a Research officer.
B.9 Field manager
Schedules fieldwork and coordinates the activities of supervisors and interviewers and is responsible for the hiring and training of all field personnel,maintenance of company procedures and fieldwork standards. The Field manager will generally be involved in coordinating a range of fieldwork projects and allocating fieldwork across an organisation.
B.10 Research officer
May be engaged in the duties of:
●writing questionnaires;
●briefing field teams;
●moderating group discussions;
●conducting in-depth interviews;
●preparing computer specifications;
●analysing data and preparing written reports;
●writing proposals;and
●liaising with,and presenting data to,clients.
B.11 Research manager
Initiates,plans and directs projects,and has responsibilities for generating business and/or managing an organisation.
Schedule C—School-based Apprentices
[Varied by PR988404]
C.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
C.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
C.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award,calculated hourly,will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
C.4 For the purposes of clause C.3,where an apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
C.5 A school-based apprentice must be allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
C.6 For the purposes of this schedule,off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
C.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.
C.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice.
C.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
C.10 If an apprentice converts from school-based to full-time,all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
C.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule D—Supported Wage System
[Varied by PR988404,PR994512,PR998748,PR510670,PR525068,PR537893]
D.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.
D.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
D.3 Eligibility criteria
D.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.
D.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.
D.4 Supported wage rates
D.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 D.5) % | Relevant minimum wage % |
10 | 10 |
20 | 20 |
30 | 30 |
40 | 40 |
50 | 50 |
60 | 60 |
70 | 70 |
80 | 80 |
90 | 90 |
[D.4.2 varied by PR994512,PR998748,PR510670,PR525068,PR537893 ppc 01Jul13]
D.4.2 Provided that the minimum amount payable must be not less than $78 per week.
D.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.
D.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.
D.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.
D.6 Lodgement of SWS wage assessment agreement
[D.6.1 substituted by PR994512 from 01Jan10]
D.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.
[D.6.2 substituted by PR994512 from 01Jan10]
D.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.
D.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.
D.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.
D.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.
D.10 Trial period
D.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.
D.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.
[D.10.3 varied by PR994512,PR998748,PR510670,PR525068,PR537893 ppc 01Jul13]
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $78 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.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 D.5.
Schedule E—2013 Part-day public holidays
[Sched E inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13]
This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
E.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2013) or New Year’s Eve (31 December 2013) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:
(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
(b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Excluding annualised salaried employees to whom clause E.1(f) applies,where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.
(g) An employee not rostered to work between 7.00 pm and midnight,other than an employee who has exercised their right in accordance with clause E.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.
This schedule is not intended to detract from or supplement the NES.
This schedule is an interim provision and subject to further review.
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