Transport (Cash in Transit) Award 2010
NOTE: Transitional provisions may apply to certain clauses - see clause 2
Table of Contents
Part 1 - Application and Operation
2. Commencement and transitional
3. Definitions and interpretation
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
7. Award flexibility
Part 2 - Consultation and Dispute Resolution
8. Consultation regarding major workplace change
9. Dispute resolution
10. Dispute resolution procedure training leave
Part 3 - Types of Employment and Termination of Employment
11. Types of employment
12. Termination of employment
Part 4 - Minimum Wages and Related Matters
15. Minimum wages
17. District allowances
18. Accident pay
19. Higher duties
20. Payment of wages
21. Employer and employee duties
Part 5 - Hours of Work and Related Matters
23. Hours of work
24. Start times
26. Meal breaks
27. Sunday work
Part 6 - Leave and Public Holidays
29. Annual leave
30. Public holidays
31. Community service leave
32. Personal/carer's leave and compassionate leave
Schedule A - Classifications
Schedule B - National Training Wage
This award is the Transport (Cash in Transit) Award 2010.
[Varied by PR988395]
2.1 This award commences on 1 January 2010.
[2.2-2.6 inserted by PR988395]
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.
Act means the Workplace Relations Act 1996 (Cth)
armoured vehicle means a vehicle especially designed for payroll services, transportation of cash, bullion and valuables. The design will include armour plate windscreens and windows and the body specifications will be constructed to withstand armed attack from ordinary hand held weapons. An armoured vehicle will be fitted with air-conditioning or other temperature control system.
ATM means automatic teller machine
ATM work means work which (in accordance with a condition of contract between an employer and the ATM proprietor) involves a crew in shutting down an ATM (disengaging the ATM from online status), performing a variety of tasks (e.g. removing of empty cartridges, inserting filled cartridges and clearing deposits lodged, purged notes and captured cards) and on completion returning the ATM to online status.
cash and other valuables means cash, securities and other financial instruments, bullion and other precious goods and materials, including valuables such as gold and jewels and other commercially negotiable articles and/or transactions
cash in transit industry means the transport of cash and other valuables
Commission means the Australian Industrial Relations Commission or its successor
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
excluded employee means an employee excluded from award coverage by the Act
mobile cash unit means an armoured vehicle with note counting facilities, utilised out of capital cities for servicing country locations
NAPSA means notional agreement preserving a State award and has the meaning in the Act
NES means National Employment Standards
public holiday means a day identified as a public holiday in s.54 of the NES
standard rate means the minimum wage prescribed for the classification of Armoured Vehicle Operator in clause 15.1
4.1 This industry award covers employers throughout Australia in the cash in transit industry and their employees in the classifications listed in Schedule A - Classifications 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 Subject to clause 10.7, 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 Act, or with any relevant agreement which provides it is to be read in conjunction with this award.
10.2 An eligible employee representative must give the employer six weeks' notice of the employee's intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer agrees to accept.
10.3 The notice to the employer must include details of the type, content and duration of the course to be attended.
10.4 The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.
10.5 An employee representative taking such leave must be paid all ordinary time earnings which normally become due and payable during the period of leave.
10.6 Leave of absence granted pursuant to this clause will count as service for all purposes of this award.
(a) may be a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in a workplace generally or collectively for all or part of a workplace for the purpose of representing those employees in the dispute resolution procedure; and
(b) is within the class and number of representatives entitled from year to year to take paid dispute resolution procedure training leave according the following quota table:
No. of full-time plus part-time employees at enterprise or workplace
Max no. of eligible employees reps entitled per year
More than 90
11.1 Employees will be engaged in one of the following categories:
(b) part-time; or
11.2 At the time of engagement, an employer will inform each employee of the terms of their engagement and in particular whether or not they are to be full-time, part-time or casual. The decision will then be recorded in a time and wages record.
A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.
(a) A part-time employee is an employee who:
(i) is engaged to work an average of fewer than 38 ordinary hours per week;
(ii) has reasonably predictable hours of work; and
(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
(b) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.
(c) Despite clause 11.4(b), a part-time employee may agree to work up to 38 ordinary hours per week at ordinary rates of pay provided such an arrangement is mutually acceptable to the employer and employee.
(d) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.
(e) An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be employed as a casual employee.
(a) A casual employee is an employee who is engaged and paid as such. A casual employee's ordinary hours of work are the lesser of 38 hours per week or the hours required to be worked by the employer.
(b) Upon engaging a person for casual employment, the employer must inform the employee they are to be employed as a casual, stating the duties, the actual or likely number of hours required (without the employee being guaranteed to work those hours), and the relevant rate of pay.
(c) Casual employees will be paid, in addition to the ordinary hourly rate and rates payable for shift and weekend work on the same basis as a weekly employee, an additional loading of 25% of the ordinary hourly rate for the classification under which they are employed.
(a) A casual employee, other than an irregular casual employee, who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of 12 months will thereafter have the right to elect to have their contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.
(d) A casual employee who does not, within four weeks of receiving written notice, elect to convert their contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.
(e) Any casual employee who has a right to elect under clause 11.6(a), upon receiving notice under clause 11.6(b) or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer must either consent to or refuse the election but must not unreasonably so refuse.
(f) A casual employee who has elected to be converted to a full-time employee or a part-time employee may only revert to casual employment by written agreement with the employer.
(g) If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with clause 11.6(a), the employer and employee in accordance with this subclause, and subject to clause 11.6(c), must discuss and agree upon:
(i) which form of employment the employee will convert to, that is, full‑time or part-time; and
(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked as set out in clause 11.5.
(h) An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.
(i) Following such agreement being reached, the employee must convert to full-time or part-time employment.
(j) Where, in accordance with clause 11.6(e) an employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.
(k) An irregular casual employee is one who has been engaged to perform work on an occasional, non-systematic or irregular basis.
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.
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.
(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 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 13.5 ceases to operate on 31 December 2014.
The definitions for classifications referred to in clause 15.1 are set out in Schedule A - Classifications.
An employer must pay full-time employees minimum weekly wages for ordinary hours (exclusive of penalties and allowances) as follows:
Minimum weekly rate
Armoured vehicle operator
15.2 National training wage
See Schedule B
15.3 Supported wage system
See Schedule C
16.1 Allowances for responsibilities or skills
(a) First aid allowance
An employee appointed by the employer to perform first aid must be paid 1.6% of the standard rate per week.
(b) Mobile cash unit allowance
(i) An employee working in mobile cash units must be paid an allowance of 5.78% of the standard rate per week. This allowance is paid for all purposes of the award.
(ii) The mobile cash unit allowance is paid in total recognition of the additional responsibilities attached to the operation of mobile cash units. These responsibilities include but are not restricted to:
· the necessity to engage in note counting while mobile and using specialised equipment for that purpose; and
· processing of collections and drop offs together with the additional and more onerous clerical tasks attached to the operation of mobile cash units.
(c) Industry allowance
(i) All employees covered by this award will be paid an industry allowance of 6.97% of the standard rate per week. This allowance is paid for all purposes of the award.
(ii) The industry allowance is paid in total recognition of the unique features associated with the armoured vehicle industry. These features include but are not restricted to the requirement to:
· work for continuous lengthy periods inside an armoured vehicle;
· obtain and abide by security and firearm licences;
· handle and manage the collection and distribution of valuable items; and
· adhere to strict security operating procedures as laid down from company to company.
These industry features may vary from workplace to workplace.
(d) ATM allowance
An employee engaged in performing ATM work will be paid an allowance of 0.9% of the standard rate per day for those days in which ATM work is carried out. This allowance is not an all purpose allowance and is to be paid only to crews actually engaged in ATM work.
16.2 Reimbursement and expense related allowances
(a) Travelling allowances
(i) An employee engaged in travelling on duty or on work on which the employee is unable to return home at night must be paid the expenses reasonably incurred in travelling. The minimum amount payable is 5.04% of the standard rate on any day.
(ii) An employee who is prevented from returning with the employee's armoured vehicle to the yard, depot or garage from which the employee started must be paid any travelling expenses incurred, and at ordinary rates for the time the employee reasonably takes to get home beyond the time it would ordinarily have taken to get home from the yard, depot or garage.
(iii) Where an employer transfers an employee, after the employee commences work, from the place from which the employee usually works to another place, fares to and from the altered place must be paid by the employer to the employee, except when transported by the employer.
(b) Articles of clothing
(i) Where an employee is required by law or by the employer to wear any special uniform, cap, overall or other articles, the employer must reimburse the employee for the cost of purchasing and laundering the special clothing (excluding the laundering of shirts). The provisions of this clause do not apply where the special clothing is provided and laundered by the employer.
(ii) Where the employee is required by their employer to work continuously in conditions in which, because of their nature, the employee's clothing would otherwise become saturated, the employer must reimburse the employee for the cost of purchasing suitable protective clothing. The provisions of this clause do not apply where the suitable protective clothing is provided by the employer.
(iii) Where an employee is reimbursed the cost of clothing under clauses 16.2(b)(i) and 16.2(b)(ii), the clothing will be the property of the employer, and the employee will 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.
(c) Insurance policy allowance
Where the employee is required to arrange an insurance policy to cover the risk of armed assault, the employer must reimburse the employee for the cost of the insurance policy. The provisions of this clause do not apply where the insurance policy is provided by the employer.
(d) Meal allowance
An employee who is required to continue working after 6.00 pm on Monday to Friday inclusive or after 1.00 pm on Saturday, other than because of the employee's own default or delay, will be paid $12.15 as a meal allowance.
(e) Aviation Security Identity Card (ASIC)
Where an employee is required by law to obtain an Aviation Security Identity Card to access any Australian airport facilities to perform their work, the cost of the application fee and any other related expenses necessarily and actually incurred will be reimbursed by the employer.
(f) Maritime Security Identity Card (MSIC)
Where an employee is required by law to obtain a Maritime Security Identity Card to access any maritime security zone to perform their work, the cost of the application fee and any other related expenses necessarily and actually incurred will be reimbursed by the employer.
16.3 Adjustment of expense related allowances
At the time of any adjustment to the standard rate, each expense related allowance must 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
17.1 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.
17.2 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.
17.3 This clause ceases to operate on 31 December 2014.
18.1 Subject to clause 18.2, 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.
18.2 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.
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.
Where an employee performs two or more classes of work on any one day, for the purpose of assessing the rate of wages to be paid, the employee will be regarded as having worked throughout the whole of their working time on that day at the class of work for which the highest rate of wages is prescribed.
Payment of wages will be made by cheque or electronic funds transfer, either weekly or fortnightly. Payment will be made not later than Thursday in the pay week. Where a public holiday falls in that week, payment will be made by Friday. Where a public holiday falls on a Friday, payment will be made no later than Wednesday of that week.
21.1 An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award, provided that such duties are not designed to promote de-skilling.
21.2 Employees within each classification are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.
21.3 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been trained in the use of such tools and equipment.
21.4 The employer must provide all gear necessary for the unloading of vehicles and the securing of loads thereon.
[Varied by PR993204]
(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.
(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 22.1.
(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 22.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 22.3(a) or (b) was made.
22.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 22.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 22.2 and pay the amount authorised under clauses 22.3(a) or (b) to one of the following superannuation funds:
[22.4(a) substituted by PR993204 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 22.2 and pay the amount authorised under clauses 22.3(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.
23.1 Ordinary hours of work
(b) Subject to the other provisions of this award the ordinary hours of work must not exceed eight hours per day and will be worked continuously (except for meal breaks) on any day Monday to Friday between the hours of 6.00 am and 6.00 pm.
23.2 Method of working ordinary hours
Ordinary hours of work may be worked by either of the following methods.
(a) Providing for a normal rostered day off
(i) An employer may require employees to work to a roster drawn up in each depot, yard or garage which provides for 19 days, each of eight hours, over a continuous four week period.
(ii) Each employee will take their rostered day off in accordance with this roster.
(iii) An employee's normal rostered day off may be changed during a roster period by:
· agreement between the employer and employee; or
· by the employer giving at least 48 hours' notice of the alteration.
(iv) Rostered days off may be accumulated to a maximum of 10 days over a 40 week period.
(b) Providing for other than a normal rostered day off
An employer may require employees to work ordinary hours over five days, Monday to Friday inclusive, of no more than 7 hours and 36 minutes continuously (except for meal breaks) where the employer:
(i) operates three or less vehicles at a particular yard, depot or garage;
(ii) has entered into arrangements with a client for the provision of transport services on a permanent basis extending over each of the five days of the week, Monday to Friday inclusive and these arrangements would be prejudiced by the requirement that rostered days off be taken on any day or all of the days of the week;
(iii) operates in such a manner that it is necessary for particular employees to work five days of each week Monday to Friday inclusive, and these operations would be prejudiced by the requirement that rostered days off be taken on any day or all of the days of the week; or
(iv) has reached a written agreement with the employee concerned or with a majority of employees in the workplace or part of it which requires the employee(s) to work ordinary hours over five days, Monday to Friday inclusive, of no more than 7 hours and 36 minutes continuously (except for meal breaks).
23.3 Make-up time
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 this award.
A regular starting time for each employee is to be fixed by the employer. Where an employer desires to vary or change the regular starting time of an employee the employer must give one week's notice of such variation or change to the employee concerned.
(a) Day shift means a shift which commences at 6.00 am or later, but finishes at or before 6.30 pm.
(b) Afternoon shift means a shift which finishes after 6.30 pm but no later than 12.30 am.
(c) Night shift means a shift which finishes after 12.30 am and at or before 8.30 am.
(d) Continuous work means work carried on with continuous shifts of workers throughout the 24 hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
(e) Rostered shift means a shift for which the employee concerned has had at least 48 hours notice.
(f) Permanently working: an employee is deemed to be, and to have been, permanently working an afternoon shift, or night shift, or combination of night and afternoon shifts if:
(i) the employee works on an afternoon, or night shift or combination of these shifts, without rotating or alternating with another shift or with day work so as to give the employee at least one third of working time off that afternoon or night shift;
(ii) the employee remains on an afternoon or night shift only, or combination of afternoon or night shifts, for a period longer than four consecutive weeks; or
(iii) the employee is specifically engaged to work on an afternoon or night shift only, or on a combination of afternoon and night shifts only.
(g) Shiftwork means work extending for at least two weeks and performed either in daily recurrent periods, wholly or partly between the hours set out in the definitions or in regular rotating periods.
25.2 Shiftwork rosters
(a) The hours of work of employees on shiftwork will be an average of 38 per week. Subject to the exemptions provided below, the ordinary hours of work will not exceed eight continuous hours per day (except for rest breaks) and will be worked on one of the following bases:
(i) 38 hours within a work cycle not exceeding seven consecutive days;
(ii) 76 hours within a work cycle not exceeding 14 consecutive days;
(iii) 114 hours within a work cycle not exceeding 21 consecutive days; or
(iv) 152 hours within a work cycle not exceeding 28 consecutive days.
(b) The hours of work will be implemented in the manner provided for in clause 23 - Hours of work and will be subject to the provisions of that clause.
(c) There will be a roster which provides for rotation, unless it is agreed otherwise by the employer and majority of employees in the workplace or part of it.
(d) Shift rosters will specify the commencing and finishing times of ordinary hours of respective shifts. A copy of the shift roster will be kept posted in a prominent place. The roster will not be altered unless seven days notice is given.
25.3 Any shift which commences on or after 11.00 pm on a Sunday will be deemed to be part of the Monday shift and paid accordingly.
25.4 A rest break of 20 minutes will be allowed on each shift. The rest break on any shift will be at the time fixed by the employer and will not be varied except in an emergency and with the consent of the employee. However, an employee is not required to work more than five and a half hours without a rest break.
An employer must give 48 hours' notice to an employee of any change of shift. If the employer fails to give such notice overtime rates will be paid for work done outside the ordinary shift hours within 48 hours of the time notified of the change.
25.6 Transfer of day worker to or from shiftwork
(a) Day workers, who have had at least 10 hours off duty immediately before commencing or after ceasing shiftwork may be transferred to or from shiftwork on 48 hours notice. If this notice is not provided, the employee will be paid overtime rates for all work done outside their previous ordinary working hours within 48 hours of the time notified of the change.
(b) Where it is necessary to transfer a day worker to replace a shiftworker who fails to report for duty or who, for any reason is unable to continue duties, this clause will not apply, and the position will be deemed to be covered by clause 25.5.
25.7 Variation of rosters
The method of working shifts and the time of commencing and finishing shifts may in any case be varied by agreement between the employer and the majority of employees in the workplace or part of it to suit the circumstances of the establishment.
For ordinary hours of shift, shiftworkers must be paid the following extra percentages of the rate prescribed for their respective classifications.
Rotating afternoon shift
Permanently working afternoon shift
Rotating night shift
Permanently working night shift
Permanently working alternate night and afternoon shift:
when on afternoon shift
when on night shift
(a) Shiftworkers will be paid the following rates for work on a rostered shift the major portion of which is performed on a Saturday, Sunday or public holiday:
(i) Saturday - time and a half;
(ii) Sunday - double time; and
(iii) Public holidays - double time and a half.
(b) The penalty rates prescribed by this clause for work on a Saturday, Sunday or public holiday are payable instead of the shift allowance prescribed in clause 25.8.
(c) Shiftworkers who work on an afternoon or night shift which does not continue for at least five consecutive afternoons or nights will be paid at the rate of time and a half for the first three hours and double time after that for each shift.
25.10 Rate when shift extends beyond midnight
Despite anything in this clause, each shift will be paid for at the rate applicable to the day on which the major portion of the shift is worked.
25.11 Public holidays
A shift will be deemed to have been worked on a public holiday where the major portion of the shift is worked on that day.
25.12 Daylight saving
(a) Despite anything elsewhere in this award, in any area where by reason of the legislation of a State or Territory summer time is prescribed as being in advance of the standard time of that State the length of any shift:
(i) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and
(ii) commencing on or before the time prescribed by such legislation for the termination of a summer time period;
will be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end, the time of the clock in each case to be set to the time fixed pursuant to the relevant State or Territory legislation.
(b) In this clause the expression standard time and summer time have the same meanings as prescribed by the relevant State or Territory legislation.
25.13 Shiftwork overtime
For all time worked outside or in excess of the ordinary shift hours or on a shift other than rostered shift, shiftworkers will be paid at time and a half for the first two hours and double time after that except in cases where the time is worked:
(a) by arrangement between employees themselves;
(b) for the purpose of effecting the customary rotation of shifts; or
(c) where it is due to the fact that the relief employee does not come on duty at the proper time. However, when less than eight hours notice has been given to the employer by the relief employee that the relief employee will be absent from work and the employee who the relief employee should relieve is not relieved, the unrelieved employee will be paid at the rate of time and a half for the first three hours and double time after that for all time on duty after the unrelieved employee's ordinary shift has finished.
(d) Nothing contained in this clause limits the right of an employer to enforce punctual and regular attendance at work.
25.14 Shiftworkers' meal breaks
(a) All shiftworkers while working on day, afternoon or night shift are entitled to a paid meal break of 20 minutes.
(b) Unless the period of overtime is less than one and a half hours, an employee before starting overtime after working ordinary hours is allowed a meal break of 20 minutes which is paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work at hand, however the employer is not required to make any payment in respect of any time allowed in excess of 20 minutes.
26.1 Regular meal break
(a) Each employee is allowed an unpaid meal break of regular duration of between 40 minutes and one hour.
(b) This meal break must commence no earlier than three and a half hours and no later than five and a half hours after the employee's fixed starting time of ordinary hours of work. However, where it is reasonable and practicable the meal break may be arranged to be in balance with the ordinary hours of work.
(c) If a meal break is not allowed to an employee, the time worked after five and a half hours after the fixed starting time until the break is allowed, will be paid at the rate of ordinary time, the payment to be in addition to any payment due in respect of a weekly or casual wage.
(d) The obligation to pay ordinary time under this clause in addition to weekly or other wages and overtime under any other clause is not cumulative, and the employee in cases coming within this clause is entitled only to the higher payment.
26.2 Break inside armoured vehicle
(a) Where an employee is required to remain inside an armoured vehicle at the direction of their employer for security reasons for part of the meal break, the employee will be paid at the rate of time and a half for the time spent inside the vehicle.
(b) The duration of the meal break must be one hour to enable all members of the vehicle's crew to have some portion of their meal break outside the vehicle if they so desire.
An employee who works on Sunday will be paid at the rate of double time with a minimum payment of four hours pay. Where work continues from Saturday to Sunday the minimum payment is not cumulative. Work done on a Sunday stands alone.
All work done outside ordinary hours will be paid at the rate of time and a half for the first two hours and double time after that. This double time rate will continue until the completion of the overtime work. Except as otherwise provided in this clause, in computing overtime each day's work will stand alone.
28.2 Time off instead of payment for overtime
(a) An employee may elect, with the consent of the employer, to take time off instead of payment for overtime at a time or times agreed with the employer. Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is an hour for each hour worked.
(b) If requested by an employee, an employer will provide payment for overtime at the overtime rate for any overtime worked under clause 28.2(a) where time off has not been taken within four weeks of accrual.
(a) When overtime work is necessary it will, wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between the work of successive days.
(b) An employee who works so much overtime between the termination of their ordinary work on one day and the commencement of ordinary work on the next day, that the employee does not have at least eight consecutive hours off duty between those times, will, subject to this subclause, be released after completion of the overtime until the employee has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.
(c) If, on the instruction of the employer, an employee resumes or continues work without having had eight consecutive hours off duty, the employee will be paid at double time rates until released from duty for the period, and will then be entitled to be absent until the employee has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.
(a) An employee recalled to work overtime after leaving the employer's yard, depot or garage (whether notified before or after leaving the yard, depot or garage) will be paid for a minimum of four hours work at the appropriate rate for the first recall, and a minimum of two hours for each subsequent recall. The employee will not be required to work the full minimum hours if the job recalled to perform is completed within a shorter period except in the case of unforeseen circumstances.
(b) This subclause does not apply in cases where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
(c) Overtime worked in circumstances specified in this subclause will not be regarded as overtime for the purpose of clause 28.3 where the actual time worked is less than four hours on the recall or two hours on a subsequent recall.
28.5 Saturday work
An employee required to work overtime on a Saturday will be afforded at least four hours' work, or be paid for four hours' work at the appropriate rate, except where the overtime is continuous with overtime commenced on the previous day.
An employee who is required to remain in readiness for work after ordinary hours, will until released be paid stand-by time at ordinary rates from the time the employee is told to remain in readiness or until the employee commences work.
28.7 Transport of employees
Where an employee after having worked overtime finishes work at a time when reasonable means of transport are not available, the employer must provide the employee with transport home, or pay the employee's current wage for the time reasonably occupied in reaching home.
29.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees.
(a) For the purpose of the additional week of annual leave provided for in the NES, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.
(b) Where an employee with 12 months' continuous service is engaged for part of the 12 month period as a shiftworker, that employee must have their annual leave increased by half a day for each month the employee is continuously engaged as a seven day shiftworker.
29.3 Payment for annual leave
Before the start of the employee's annual leave the employer must pay the employee:
(a) the wages the employee would have received in respect of the ordinary hours the employee would have worked had they not been on leave during the relevant period, including loadings, penalties and allowances which are paid for all purposes but excluding overtime; and
29.4 Leave allowed before accrual
By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. 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.
29.5 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 such leave is to be taken if:
(a) at the time the direction is given, the employee has eight weeks or more of annual leave accrued; 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.
30.1 Public holidays are provided for in the NES.
(a) An employer and their employees may agree to substitute another day for any public holiday prescribed in the NES. For this purpose, the consent of the majority of affected employees will constitute agreement.
(b) An agreement pursuant to clause 30.2 will be recorded in writing and be available to every affected employee.
30.3 An employee who is required to work on a public holiday must be paid at the rate of double time and a half. A shiftworker required to work on a public holiday will be paid in accordance with clause 25.9.
30.4 An employee required to work on a public holiday must be paid for a minimum of four hours' work.
Community service leave is provided for in the NES.
Personal/carer's leave and compassionate leave are provided for in the NES.
A.1 Escort means an employee who has completed the required training and is qualified to perform Escort duties as part of an armoured vehicle crew, but this does not include driving an armoured vehicle.
A.2 Armoured vehicle operator means an employee qualified to drive the necessary vehicles and who holds relevant licences and has satisfactorily completed all required training and is employed as such. An Armoured vehicle operator must be capable of performing the duties of an escort.
A.3 Crew leader means an employee responsible for and in charge of the crew, contents and vehicle and on-the-job training. A Crew leader must be capable of performing all duties of the crew and employed as such.
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.