Road Transport (Long Distance Operations) Award 2010
The above award was first made on 3 April 2009 [PR986381]
NOTE: Transitional provisions may apply to certain clauses - see clause 2
Table of Contents
[Varied by PR988394]
Part 1 - Application and Operation
2. Commencement and transitiona
3. Definitions and interpretation
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
Part 4 - Minimum Wages and Related Matters
13. Minimum weekly rates of pay and classifications
15. District allowances
16. Accident pay
17. Higher duties
18. Payment of wages
Part 5 - Hours of Work and Related Matters
20. Ordinary hours of work and rostering
21. Meal breaks
22. Delays, breakdown or impassable highways
Part 6 - Leave and Public Holidays
23. Annual leave
24. Personal/carer's leave and compassionate leave
25. Community service leave
26. Public holidays
Schedule A - Classification Structure
Schedule B - National Training Wage
Schedule C - Supported Wage System
This award is the Road Transport (Long Distance Operations) Award 2010.
[Varied by PR988394]
2.1 This award commences on 1 January 2010.
[2.2-2.6 inserted by PR988394]
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect.
2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation.
2.5 Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.
2.6 Fair Work Australia may review the transitional arrangements:
(a) on its own initiative; or
(b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or
(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or
(d) in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.
3.1 In this award, unless the contrary intention appears:
Act means the Workplace Relations Act 1996 (Cth)
articulated vehicle means a vehicle with three or more axles, comprising a power unit (called tractor truck, prime mover etc.) and semi-trailer which is superimposed on the power unit and coupled together by means of a king-pin and revolving on a turntable and is articulated whether automatically detachable or permanently coupled
Commission means the Australian Industrial Relations Commission or its successor
double-articulated vehicle means a vehicle with four or more axles, comprising a power unit (called tractor truck, prime mover etc.) and semi-trailer (called dolly trailer) which is superimposed on the power unit, which in turn has a load carrying semi-trailer superimposed upon the dolly trailer, both semi-trailers and power unit and are articulated together by means of king-pins and revolving on turntables and are articulated whether automatically detachable or permanently coupled
driving time means all time driving the vehicle between destinations but not including rest breaks
employee has the meaning in the Act
employer has the meaning in the Act
enterprise award has the meaning in the Act
enterprise NAPSA means a NAPSA derived from a State award which immediately prior to 27 March 2006 applied only to a single business or a part of a single business
furniture means any article of household and/or office furniture or whitegoods which are completely manufactured and ready for use, and will include furniture being transported from a manufacturer to a retail store, unless such furniture is crated, cartonised, or otherwise covered
gross combination mass (GCM) means the maximum permissible mass (whether described as the gross train mass or otherwise) for the motor vehicle and the trailer(s) or semi-trailer(s) attached to it, together with the load carried on each, as stated in any certificate of registration or other certificate that is issued in respect of the motor vehicle by the relevant authority or by the corresponding authority of another State or Territory or that is required by law to be painted or displayed on the motor vehicle
gross vehicle mass (GVM) means the maximum permissible mass (whether described as the gross train vehicle mass or otherwise) for the motor vehicle and its load (but excluding any trailer and its load) as stated in a certificate of registration or other certificate that is issued in respect of the motor vehicle by the relevant authority or by the corresponding authority of another State or Territory or that is required by the law to be painted or displayed on the motor vehicle
home base will be the employer's base at which the contract of employment was entered into and out of which the employee normally operates. This will not affect the right of any employer and any employee to agree that some other base will be substituted during the period of employment.
interstate operation will be an operation involving a vehicle moving livestock or materials whether in a raw or manufactured state from a principal point of commencement in one State or Territory to a principal point of destination in another State or Territory. Provided that to be an interstate operation the distance involved must exceed 200 kilometres, for any single journey. An area within a radius of 32 kilometres from the GPO of a capital city will be deemed to be the capital city.
livestock means horses, cattle, sheep, pigs, goats or poultry
loading or unloading means being physically engaged in the loading or unloading of the vehicle and includes tarping, installing and removing gates and operation of on board cranes
long distance operation means any interstate operation, or any return journey where the distance travelled exceeds 500 kilometres and the operation involves a vehicle moving livestock or materials whether in a raw or manufactured state from a principal point of commencement to a principal point of destination. An area within a radius of 32 kilometres from the GPO of a capital city will be deemed to be the capital city.
low loader articulated vehicle means a vehicle consisting of a tandem drive prime mover and a gooseneck semi-trailer (not being a drop deck semi-trailer) with a loading area of the semi-trailer a maximum of one metre off the ground. The prime mover and gooseneck semi-trailer being designed and manufactured and plated to operate at the required mass limits.
maker's capacity means the capacity shown on the certificate of registration issued for the vehicle under any Act of the State or any Act of the Commonwealth. Where no such capacity is shown on the certificate of registration maker's capacity means the capacity attributed to the vehicle by the manufacturer as a maximum gross rating less the tare of the vehicle. Provided that on any day that the maximum weight of any load exceeds such capacity by one third or more such maximum weight will, for the purposes of assessing the wages to be paid for that day, be deemed to be the maker's capacity.
NAPSA means notional agreement preserving a State award and has the meaning in the Act
NES means National Employment Standards
ordinary weekly rate means the appropriate rate of pay listed in clause 13.1
private transport industry means the transportation by road of all materials whether in a raw or manufactured state, or of livestock, throughout Australia
road-train vehicle means a rigid vehicle to which is coupled two or more trailers, or an articulated vehicle to which is coupled one or more trailers
standard rate means the minimum weekly rate prescribed for Grade 4 in clause 13.1
weekly employee means an employee on weekly hiring
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This industry award covers employers throughout Australia in the private transport industry engaged in long distance operations and their employees in the classifications listed in Schedule A - Classification Structure to the exclusion of any other modern award.
4.2 The award does not cover an employee excluded from award coverage by the Act.
4.3 The award does not cover an employer bound by an enterprise award or an enterprise NAPSA with respect to any employee who is covered by the enterprise award or NAPSA.
4.4 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.
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.
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:
(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.
(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.
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Commission.
9.3 The parties may agree on the process to be utilised by the Commission including mediation, conciliation and consent arbitration.
9.4 Where the matter in dispute remains unresolved, the Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
10.1 Employees will be engaged as either a full-time employee or a casual employee. At the time of engagement the employer will inform each employee of their terms of engagement.
10.2 Full-time employment
A full-time employee is an employee engaged by an employer to perform long distance operations for an average of 38 ordinary hours per week over a four week period.
10.3 Casual employment
(a) A casual employee is an employee engaged as such and paid by the hour.
(b) A casual employee while driving, must be paid an additional 15% on the cents per kilometre (CPK) rates set out in clause 13.4 and the hourly driving rates set out in clause 13.5.
(d) A casual employee who is paid by the cents per kilometre method of clause 13.4 must receive a minimum payment per engagement for 500 km. Where the employee is engaged according to the hourly driving rate method the minimum engagement must be eight hours.
11.1 Notice of termination is provided for in the NES.
11.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by the clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
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.
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.
(a) Subject to clause 12.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a NAPSA:
(i) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Act had applied to the employee; and
(ii) that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.
(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.
The minimum weekly rates of pay for ordinary hours of work are as follows:
Minimum weekly rate
13.2 Guaranteed minimum payment
(a) A full-time employee is entitled to a guaranteed minimum fortnightly payment which must be twice the weekly rate prescribed by clause 13.1 for the classification under which the employee is working. Provided that, to become entitled to this payment, the employee must be ready, willing and available to perform such duties covered by this award which the employer may from time to time require.
(b) A casual employee is entitled to a guaranteed minimum payment per engagement as set out in clause 10.3(d).
(c) A full-time employee, having already earned the guaranteed fortnightly payment, and held on call for any part of the second week, must be paid on an hourly basis for the period during which the employee remains on call at the rate prescribed for the appropriate classification of this award, in addition to the guaranteed fortnightly payment.
(d) An employee travelling by sea or rail in company with a vehicle on a long distance operation must be paid eight hours' ordinary pay in any day. Provided that if any working period less than eight hours otherwise covered by this award has been worked, the employee must be entitled to the balance of the difference paid between eight hours' and actual hours worked. The cost of transport must be borne by the employer.
13.3 Rates of pay
(a) An employee engaged in a long distance operation must be paid for all driving time pursuant to either the cents per kilometre method set out in clause 13.4 or the hourly rate method set out in clause 13.5.
(b) At commencement of employment the employer must nominate whether the employee is to be paid pursuant to the cents per kilometre method or the hourly rate method. The method of payment may be changed from one to the other upon the provision of four weeks' notice to the employee in writing. Where no method has been nominated, the cents per kilometre method will apply.
(c) The minimum driving rate must be either the cents per kilometre rate set out in clause 13.4 or the hourly rate set out in clause 13.5, depending upon which method is applicable under clause 13.3(b).
(d) In addition to the appropriate minimum driving rate, a long distance driver must be paid:
(i) the rate or allowance for any loading or unloading duties calculated in accordance with clause 13.6;
(iii) any other allowances required to be paid by the award.
(a) An employee engaged in a long distance operation may be paid for the driving component of a particular journey by multiplying the number of kilometres travelled by the cents per kilometre rate for the relevant vehicle, subject to clause 13.4(b).
The minimum cents per kilometre rate for each grade is as follows:
Minimum cents per kilometre
The following schedule shows the agreed distances for long distance journeys between the listed centres. Where an employee performs a journey and that journey is specified in this schedule, the number of kilometres is deemed to be the number indicated in the schedule for that journey.
New England Highway
Broken Hill/Newell Highway
Broken Hill/Newell Highway
North West Coastal
North West Coastal
(a) An employee engaged in a long distance operation may be paid for the driving component of a particular journey by means of an hourly driving rate for the relevant grade the vehicle. The hourly driving rate may only be applied as follows:
(i) where the journey to be performed by the driver is listed in the schedule in clause 13.5(c) the number of driving hours for that journey is deemed for the purposes of this award to be no fewer than the number indicated in the schedule for that journey; or
(ii) where the journey to be completed is not listed in clause 13.5(c) payment must be for actual hours worked and must not be pursuant to a trip rate which provides for a fixed amount per trip; or
(iii) where the employer has an accredited Fatigue Management Plan in place, the hourly rate may be used to calculate a trip rate for any journey by multiplying the hourly rate by the number of driving hours specified in the FMP for that journey. For the purposes of this clause accredited Fatigue Management Plan means any program which is approved under an Act of a Commonwealth, State or Territory parliament for the purposes of managing driver fatigue.
(b) The minimum hourly driving rate is calculated by dividing the minimum weekly rate prescribed by clause 13.1 by 40, and multiplying by 1.3 (Industry disability allowance) and 1.2 (Overtime allowance).
Minimum per hour
The following schedule shows the agreed driving hours for Grade 4 long distance journeys between the listed centres, as referred to in clause 13.5(a)(i).
New England Highway
Broken Hill/Newell Highway
Broken Hill/Newell Highway
North West Coastal
North West Coastal
(a) Where an employee is engaged on loading or unloading duties, that employee must be paid for such duties at an hourly rate calculated by dividing the weekly award rate prescribed by clause 13.1 by 40 and multiplying by 1.3 (industry disability allowance), provided that a minimum payment of one hour loading and one hour unloading per trip must be made where loading and/or unloading duties are required.
(b) As an alternative to clause 13.6(a), where there is a written agreement between the employer and the employee a fixed allowance based on the hourly rate in clause 13.6(a) may be paid to cover loading and unloading duties, provided that such written agreement is attached to the time and wages record.
(c) A casual employee, attending to the loading or unloading of the vehicles must be paid a loading of 25%, in addition to the rates prescribed by this clause.
13.7 Supported Wage System
See Schedule B
13.8 National Training Wage
See Schedule C
14.1 Allowances for responsibilities or skills
(a) Industry disability allowance
The rates per kilometre are inclusive of an industry disability allowance of 1.3 times the ordinary rate, which compensates for the following:
(i) shiftwork and related conditions;
(ii) necessity to work during weekends;
(iii) lack of normal depot facilities, e.g. lunch room, wash rooms, toilets, tea making facilities;
(iv) necessity to eat at roadside fast food outlets;
(v) absence of normal resting facilities and normal bed at night;
(vi) additional hazards arising from driving long distances at night and alone;
(vii) handling dirty material;
(viii) handling money;
(ix) extra responsibility associated with arranging loads, purchasing spare parts, tyres, etc;
(x) irregular starting and finishing times; and
(xi) work in rain.
(b) Overtime allowance
The rates per kilometre are inclusive of an overtime allowance of 1.2 times the ordinary rate, which takes into account an overtime factor of two hours in 10 at double time.
(c) Other allowances
(i) An employee who is engaged as a local driver under the terms and conditions of the Road Transport and Distribution Award 2010 and who is required by the employer to temporarily transfer to duties covered by this award must be paid an allowance of 1.24% of the standard rate on each occasion.
(ii) Any employee required to drive a motor vehicle which is in excess of the limit in length prescribed by or under any State or Commonwealth Act must receive an additional 0.44% of the standard rate per day or part thereof.
(iii) Any employee required to drive a motor vehicle which is in excess of 3.5 metres in width or transport a load in excess of that width must receive an additional 0.44% of the standard rate per day or part thereof.
(iv) Any employee who is a recognised furniture carter engaged in removing and/or delivering furniture as defined must receive an additional 2.42% of the standard rate per week.
(v) Any employee who is a recognised livestock carter, carting livestock as defined must receive an additional 2.42% of the standard rate per week.
(d) Dangerous goods allowance
(i) A driver engaged in the transport of bulk dangerous goods or carting explosives in accordance with the Australian Explosives Code by Public Road must receive an allowance of 2.27% of the standard rate per day. Bulk dangerous goods are those goods defined as such in the Australian Dangerous Goods Code as amended from time to time
(ii) A driver engaged in the transport of packaged dangerous goods which require placarding by public road must receive an allowance of 0.95% of the standard rate per day. Packaged goods which require placarding are those goods defined as such in the Australian Dangerous Goods Code as amended from time to time.
14.2 Expense related allowances and reimbursements
(a) Work diary
Where a weekly employee is required to possess a work diary the cost of such diary must be reimbursed by the employer.
(b) Articles of clothing
(i) Where the employer requires an employee to wear any special clothing such as any special uniform, cap, overall or other article, the employer must reimburse the employee for the cost of purchasing such special clothing. The provisions of this clause do not apply where the special clothing is provided by the employer.
(ii) Where an employee is required by the employer to work continuously in conditions in which, because of their nature, the clothing would otherwise become saturated, the employer must reimburse the employee for the cost of purchasing protective clothing. The provisions of this clause do not apply where the protective clothing is provided by the employer.
(iii) Provided that this subclause must not apply to employees who are required as an adjunct to their normal duties to check such things as vehicles, oil, water and tyres.
(iv) Provided further that such protective clothing must remain the property of the employer, and that the employee must be liable for the cost of replacement of any article of protective clothing which is lost, destroyed or damaged through the negligence of the employee.
(i) An employee engaged in ordinary travelling on duty or on work on which the employee is unable to return home and takes their major rest break under the applicable driving hours regulations away from home must be paid $31.99 per occasion. This will not be payable where an employee is provided with suitable accommodation away from the vehicle.
(ii) In exceptional circumstances, where amounts greater than those specified are claimed, an employee will need to demonstrate why the claim is necessary and gain approval from a representative of the employer. Such approval will not be unreasonably withheld.
(iii) If an employee is engaged in more than one long distance operation or part thereof in a fortnight, the wages due for each long distance operation or part thereof must be separately calculated in accordance with this clause.
(i) Any employee required by the employer to live at a depot, yard or garage must be paid an allowance equal to the amount of the rental charged by the employer for the accommodation at the depot, yard or garage.
(ii) If an employer provides housing for an employee and the employee's family, and requires the employee to live there and charges rental, the employer must pay the employee an allowance of $2.50 less than the amount of rental charged by the employer for the accommodation.
(i) Where, as a result of consultation, it is agreed by the employer that additional training should be undertaken by an employee, that training may be undertaken either on or off the job. Provided that if the training is undertaken during ordinary working hours the employee concerned must not suffer any loss of pay. The employer must not unreasonably withhold such paid training leave.
(ii) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred in connection with the undertaking of training must be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement of standard fees may be made at the completion of the prescribed course or annually, whichever is the earlier, subject to reports of attendance at such courses.
(iii) Travel costs incurred by an employee undertaking training in accordance with this clause which exceed those normally incurred in travelling to and from work must be reimbursed by the employer.
14.3 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:
Applicable Consumer Price Index Figure
Take away and fast foods sub-group
Clothing, equipment and tools allowance
Clothing and footwear group
Private motoring sub-group
Living away from home allowance
Domestic holiday and travel accommodation sub-group
15.1 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):
(a) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
15.2 Western Australia
An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a NAPSA or an award made under the Workplace Relations Act 1996 (Cth):
(a) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and
(b) that would have entitled the employee to payment of a district allowance.
15.3 This clause ceases to operate on 31 December 2014.
16.1 Subject to clause 16.2, an employee is entitled to accident pay in accordance with the terms of:
(a) a NAPSA that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and
(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.
16.2 The employee's entitlement to accident pay under the NAPSA or award is limited to the amount of accident pay which exceeds the employee's entitlement to accident pay, if any, under any other instrument.
16.3 This clause does not operate to diminish an employee's entitlement to accident pay under any other instrument.
16.4 This clause ceases to operate on 31 December 2014.
18.1 All earnings, including overtime, must be paid in the employer's time on a day to be fixed by the employer, but not later than Thursday of each week. Once fixed, the day must not be altered more than once in three months.
18.2 All earnings, including overtime, must be paid within two days of the expiration of the week in which they accrue.
18.3 Notwithstanding anything contained in this clause, the employer must pay to an employee who leaves or is dismissed all money due to the employee immediately.
18.4 The employer at its discretion may pay an employee by electronic funds transfer to a bank account nominated by an employee.
[Varied by PR993205]
19.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, the 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.
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months' written notice to their employer.
(c) The employer must pay the amount authorised under clauses 19.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or (b) was made.
19.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses19.3(a) or (b) to one of the following superannuation funds:
[19.4(a) substituted by PR993205 ppc 04Feb10]
(a) TWUSUPER; 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.
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(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.
The scheduling of start times is at the discretion of the employer. A roster must be set up and displayed in such a manner that an employee, so far as it is practicable, will know the hours of duty the employee is required to perform.
Hours of work will be in accordance with Commonwealth, State or Territory Acts, as varied from time to time (including any subordinate regulations controlling driving and working hours of heavy vehicle operators).
(a) Except where driving hours have been delayed because of accidents or in circumstances over which the employer has no control, the employee must not work and the employer must not require the employee to work:
(i) more than a total of 120 hours in any fortnight exclusive of any unpaid intervals for meals; or
(ii) in any one day more than 12 hours, with a break of half an hour after each five and one half hours worked; provided that every employee must have 10 hours off duty immediately after the working period is completed.
(b) The roster of work must provide for no more than 120 hours to be worked in any fortnight.
(a) any risk to employee health and safety;
(b) the employee's personal circumstances including any family responsibilities;
(c) the needs of the workplace or enterprise including any requirement to finish the immediate journey and return the vehicle to the depot; and
(d) the amount of notice (if any) of the requirement to work extended hours that the employer has given the employee and the notice given by the employee of their intention to refuse such extended hours of work; and
(e) any other relevant matter.
20.4 Time must be computed from the time the employee is rostered or registers for duty, whichever is the later, and until the employee has been effectively released from duty.
20.5 Rostered days off
(a) Each employee, in addition to days off elsewhere provided, is entitled to a rostered day off on the basis of one day for each month of employment (subject to suspension of the entitlement during period of annual leave, sick leave, compassionate leave, workers compensation and long service leave, as elsewhere provided).
(b) Rostered days off must be taken by employees in accordance with the roster, but may, in order to meet the requirements of work, be accumulated and taken consecutively.
(c) In the event that rostered days off are so accumulated, employees are entitled to one rostered day off for each month of employment on and after two months' employment provided that the maximum accumulation of rostered days off will be 10 over a period of 10 months' employment, exclusive of periods of leave as provided.
(e) Rostered days off may be changed by agreement between the employer and the employee or, in the absence of such agreement, by the giving of 48 hours notice of such alteration by the employer to the employee.
(f) An employee who is entitled to a rostered day off which falls on a pay day must be paid the wages due on the next ordinary working day following the rostered day off.
(g) Where an employer is required to service a particular industry, plant or section during closure due to annual close-down, industrial action, compulsory closure as a result of a legislative direction, other circumstances beyond the control of the employer or in the event of machinery or plant breakdown, such employer may require the employees to take a rostered day or days off to coincide with the day or days that the operations are closed, up to a maximum of 10 days. In this event, a rostered day or days off which would normally become due to the employee must not become so due for the number of days taken pursuant to the provisions of this subclause.
(h) Provided that an employee disadvantaged in terms of leisure time by a rostered day or days off normally falling on a Friday or a Monday being required to be taken on a Tuesday, Wednesday or Thursday, then such employee must be rostered to take a Friday or a Monday off on the earliest practicable opportunity upon the normal roster being resumed.
20.6 Absence from duty
(a) Where an employee is absent from duty (other than on annual leave, long service leave, public holidays, paid personal/carer's leave, workers compensation, compassionate leave or jury service) the employee will, for each day absent, lose pay for each day calculated by dividing the average weekly wage rate by five.
(b) An employee absent for part of a day will lose average pay for each hour absent by dividing the average weekly wage rate by 38.
(c) An employee absent from duty is not entitled to payment for rostered days off as provided in clause 20.5(d). Such employee must take the day or days off as rostered but must be paid, in respect of the week during which the rostered day off is taken, the wage as provided less an amount calculated according to the following formula:
No. of days absent during period
Average fortnightly pay (76 hours)
(d) Provided that absence of less than 0.5 of a day will not be counted for the purposes of this subclause.
On every occasion on which the employer calls back an employee after leaving the depot or home base such employee must be entitled to payment for a minimum of four hours at the rate prescribed by clause 13.1 - Minimum weekly rates of pay.
21.1 Subject to clause 20 - Ordinary hours of work and rostering, no employee will be required to work for less than three hours or more than five and a half hours without a meal break. Such meal break must not be less than 30 minutes or more than one hour.
21.2 The provisions of this clause do not apply where meal breaks are taken in accordance with Commonwealth, State or Territory Acts as varied from time to time.
An employee must be paid for all time up to a maximum of eight hours in any period of 24 hours, at the rate prescribed by clause 13.1 where a long distance operation is delayed because of breakdowns or impassable highways. Provided that the employee must take all reasonable steps to minimise the period of delay.
23.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees.
23.2 Payment for period of annual leave
(a) Before going on annual leave, an employee must be paid the wages they would have received in respect of the hours the employee would have worked had the employee not been on leave during the relevant period.
(b) In addition to the payment referred to in clause 23.2(a) each employee must receive a loading at the rate of 30% calculated on the relevant minimum weekly rate in clause 13.1. The loading prescribed by this subclause will not apply to proportionate leave on termination.
23.3 Excessive leave
If an employer has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, the employer can require the employee to take annual leave by giving not less than four weeks' notice of the time when leave is to be taken if:
(a) at the time the direction is given, the employee has eight weeks or more accrued annual leave; and
(b) the amount of annual leave the employee is directed to take is less than or equal to a quarter of the amount of leave accrued.
23.4 Leave in advance
An employer may grant annual leave to an employee before the leave has accrued. Provided that if leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination.
23.5 Annual close-down
An employer may close down an enterprise or part of it for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned, provided that:
(a) the employer gives not less than one month's notice of its intention to do so;
(b) an employee who has accrued sufficient leave to cover the period of the close‑down is allowed leave and also paid for that leave at the appropriate wage;
(c) an employee who has not accrued sufficient leave to cover part or all of the close-down, is allowed paid leave for the period for which they have accrued sufficient leave and given unpaid leave for the remainder of the close-down; and
(d) any leave taken by an employee as a result of a close-down pursuant to this clause also counts as service by the employee with their employer.
23.6 Rostered day off falling during annual leave
Upon an employee taking annual leave, the work cycle under which the employee becomes entitled to a weekly accrual for a rostered day off will be suspended and the employee will not become entitled to further accrual until their return from leave. Upon resumption of work, the entitlement period for accrual resumes and the employee is entitled to be rostered to take a day off and must take a rostered day off upon completing the balance of the work cycle.
Community service leave is provided for in the NES.
26.1 Public holidays are provided for in the NES.
(b) An agreement pursuant to clause 26.2(a) must be recorded in writing and be available to every affected employee.
26.3 Payment for work on a public holiday
26.4 For all time worked by a full-time employee on a public holiday, payment must be made at the following rates:
(a) on Good Friday and the Christmas Day holiday - double time;
(b) on any other holiday - ordinary time and a half.
An employee must be paid for a minimum of four hours' work.
26.5 Payment for work on a holiday will be in addition to any amount payable in respect of the weekly wage.
26.6 For all time worked by a casual employee on a public holiday, payment must be made at the following rates:
(a) on Good Friday and the Christmas Day holiday - treble time;
(b) on any other holiday - double time and a half.
A casual employee must be paid for a minimum of four hours' work.
Employees are to be classified in accordance with the following grades:
Driver of two axle rigid vehicle up to 13.9 tonnes GVM. Capacity up to eight tonnes.
Driver of three axle rigid vehicle over 13.9 tonnes GVM. Capacity over eight and up to 12 tonnes.
Driver of four axle rigid vehicle over 13.9 tonnes GVM.
Driver of rigid vehicle and heavy trailer combination with GCM of 22.4 tonnes or less.
Driver of articulated vehicle with GCM of 22.4 tonnes or less.
Capacity over 12 tonnes.
Driver of rigid vehicle and heavy trailer combination with GCM over 22.4 tonnes but not more than 42.5 tonnes.
Driver of articulated vehicle with GCM over 22.4 tonnes.
Driver of low loader (as defined) with GCM of 43 tonnes or less.
Capacity up to 24 tonnes.
Driver of double articulated vehicle with GCM 53.4 tonnes or less (includes B-doubles).
Driver of low loader (as defined) with GCM over 43 tonnes.
Driver of rigid vehicle and trailer(s) or double articulated vehicle with GCM over 53.4 tonnes (includes B-doubles).
Multi-axle trailing equipment up to 70 tonnes capacity.
Driver of road train or triple articulated vehicle exceeding 94 tonnes GCM.
Multi-axle trailing equipment.
C.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.
C.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
C.3 Eligibility criteria
C.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.
C.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.
C.4 Supported wage rates
C.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 C.5)
Relevant minimum wage
C.4.2 Provided that the minimum amount payable must be not less than $69 per week.
C.4.3 Where an employee's assessed capacity is 10%, they must receive a high degree of assistance and support.
C.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.
C.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.
C.6 Lodgement of SWS wage assessment agreement
C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Commission.
C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Industrial Registrar to the union by certified mail and the agreement will take effect unless an objection is notified to the Commission within 10 working days.
C.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.
C.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.
C.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.
C.10 Trial period
C.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.
C.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.
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $69 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.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 C.5.