Port Authorities Award 2010

MA000051 - Port Authorities Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 June 2014 (variation PR551831).

Clauses affected by the most recent variation:

      Port Authorities Award 2010

NOTE:

Transitional provisions may apply to certain clauses –see clause 2 and Schedule A

To determine the transitional amount or loading,go to the version of this modern award in operation prior to 1 July 2010 which does not include:

(a) variations to minimum wages resulting from the Annual Wage Review 2009-10;or

(b) variations in expense related allowances operative from 1 July 2010.

Table of Contents

[Varied by PR991559,PR994535,PR546288]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Allowances

15. District allowances

16. Accident pay

17. Payment of wages

18. Superannuation

Part 5—Hours of Work and Related Matters

19. Ordinary hours of work and rostering

20. Breaks

21. Overtime and penalty rates

Part 6—Leave and Public Holidays

22. Annual leave

23. Personal/carer’s leave and compassionate leave

24. Community service leave

25. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classification Structure

Schedule C—Supported Wage System

Schedule D—School-based Apprentices

Schedule E—National Training Wage

Appendix E1:Allocation of Traineeships to Wage Levels

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Port Authorities Award 2010.

2. Commencement and transitional

[Varied by PR991559,PR542171]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

      ●minimum wages and piecework rates

      ●casual or part-time loadings

      ●Saturday,Sunday,public holiday,evening or other penalties

      ●shift allowances/penalties.

[2.4 varied by PR542171 ppc 04Dec13]

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

[2.5 varied by PR542171 ppc 04Dec13]

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

[2.6 varied by PR542171 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

      (a) on its own initiative;or

      (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

      (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

      (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR994535,PR997772,PR503670,PR544281,PR546025]

3.1 In this award,unless the contrary intention appears:

      Act means the Fair Work Act 2009 (Cth)

[Definition of adult apprentice inserted by PR544281 ppc 01Jan14]

      adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship

      afternoon shift means a shift that commences after 10.00 am and before 8.00 pm

[Definition of agreement-based transitional instrument inserted by PR994535 from 01Jan10]

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

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

[Definition of default fund employee inserted by PR546025 ppc 01Jan14]

      default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of defined benefit member inserted by PR546025 ppc 01Jan14]

      defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503670] ppc 01Jan11]

      Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503670] ppc 01Jan11]

      Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR997772 from 01Jan10]

      employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

      employer means national system employer within the meaning of the Act

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

[Definition of exempt public sector superannuation scheme inserted by PR546025 ppc 01Jan14]

      exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

[Definition of MySuper product inserted by PR546025 ppc 01Jan14]

      MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

      NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

      night shift means a shift that commences at or after 8.00 pm and before 5.00 am

[Definition of on-hire inserted by PR994535 from 01Jan10]

      on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client

      port operator means an employer that has a statutory or contractual right to manage or control a port,provides access to the port and that provides port services

      port services includes:

      (a) infrastructure management and integration;

      (b) communications;

      (c) navigation services including channel marking and management and pilot transfers;

      (d) landside logistics,including loading and unloading facilities;

      (e) mooring and gangways;

      (f) sewage and waste disposal;

      (g) security;

      (h) emergency response;

      (i) dredging;

      (j) survey;and

      (k) passenger services.

      shiftwork means work performed by shiftworkers

      shiftworker means an employee who is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays

      standard rate means the minimum weekly rate for a Level 4 employee in clause 13

[Definition of transitional minimum wage instrument inserted by PR994535 from 01Jan10]

      transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

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

4. Coverage

[Varied by PR994535,PR529164]

4.1 This industry award covers employers throughout Australia who are port operators and their employees in the classifications listed in clause 13 to the exclusion of any other modern award.

[4.2 varied by PR529164 ppc 27Sep12]

4.2 The award does not cover maintenance contractors covered by the following awards:

      (a) the Manufacturing and Associated Industries and Occupations Award 2010;or

      (b) the Electrical,Electronic and Communications Contracting Award 2010.

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

4.4 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.5,4.6 and 4.7 inserted by PR994535 from 01Jan10]

4.5 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

4.6 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.7 This award covers employers which provide group training services for apprentices and/or trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

[4.5 renumbered as 4.8 by PR994535 from 01Jan10]

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

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

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

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

7. Award flexibility

[Varied by PR542171]

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 varied by PR542171 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

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

[7.3(b) varied by PR542171 ppc 04Dec13]

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

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

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

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

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

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

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

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

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

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

7.8 The agreement may be terminated:

[7.8(a) varied by PR542171 ppc 04Dec13]

      (a) by the employer or the individual employee giving 13 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.

[Note inserted by PR542171 ppc 04Dec13]

      Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542171 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542171 ppc 04Dec13]

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

Part 2—Consultation and Dispute Resolution

8. Consultation

9. Dispute resolution

8. Consultation

[8—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]

8.1 Consultation regarding major workplace change

      (a) Employer to notify

        (i) 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.

        (ii) 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.

      (b) Employer to discuss change

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

        (ii) 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(a).

        (iii) 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.

8.2 Consultation about changes to rosters or hours of work

      (a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.

      (b) The employer must:

        (i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

        (ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

        (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

      (c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.

      (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

9. Dispute resolution

[Varied by PR542171]

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

[9.2 varied by PR542171 ppc 04Dec13]

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 Fair Work Commission.

[9.3 varied by PR542171 ppc 04Dec13]

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

[9.4 varied by PR542171 ppc 04Dec13]

9.4 Where the matter in dispute remains unresolved,the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person,organisation or association to accompany and or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an employee must not unreasonably fail to comply with a direction by the employer to perform work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

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

10.1 Full-time employment

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

10.2 Part-time employment

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

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

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

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

      (c) Before commencing part-time employment the employee and employer must agree upon the number of hours to be worked each day,the days of the week the employee will work and the starting and finishing times each day.

      (d) All time worked in excess of the agreed hours will be paid at the appropriate overtime rate.

10.3 Casual employment

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

      (b) For each hour worked,a casual employee will be paid no less than 1/38th of the minimum weekly rate of pay for their classification in clause 13,plus a casual loading of 25%.

      (c) The casual loading is paid instead of annual leave,paid personal/carer’s leave,notice of termination,redundancy benefits and the other attributes of full-time or part-time employment. The loading constitutes part of the casual employee’s all purpose rate.

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

      The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

11.3 Job search entitlement

      Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

12. Redundancy

[Varied by PR994535,PR503670]

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

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

12.3 Employee leaving during notice period

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

12.4 Job search entitlement

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

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

      (c) This entitlement applies instead of clause 11.3.

12.5 Transitional provisions –NAPSA employees

[12.5 renamed by PR503670 ppc 01Jan11]

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

[12.5(a)(i) substituted by PR994535 from 01Jan10]

        (i) that would have applied to the employee immediately prior to 1 January 2010,if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee;and

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

      (b) The employee’s entitlement to redundancy pay under the notional agreement preserving a State award is limited to the amount of redundancy pay which exceeds the employee’s entitlement to redundancy pay,if any,under the NES.

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

[12.5(d) varied by PR994535 from 01Jan10]

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

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503670 ppc 01Jan11]

      (a) Subject to clause 12.6(b),an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a Division 2B State award:

        (i) that would have applied to the employee immediately prior to 1 January 2011,if the employee had at that time been in their current circumstances of employment and no Division 2B State employment agreement or enterprise agreement had applied to the employee;and

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

      (b) The employee’s entitlement to redundancy pay under the Division 2B State award is limited to the amount of redundancy pay which exceeds the employee’s entitlement to redundancy pay,if any,under the NES.

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

      (d) Clause 12.6 ceases to operate on 31 December 2014.

Part 4—Minimum Wages and Related Matters

13. Classifications and minimum wage rates

14. Allowances

15. District allowances

16. Accident pay

17. Payment of wages

18. Superannuation

13. Classifications and minimum wage rates

[Varied by PR997938,PR509082,PR522913,PR536716,PR544281,PR549884,PR551639]

13.1 Adult employees

[13.1(a) varied by PR997938,PR509082,PR522913,PR536716,PR551639 ppc 01Jul14]

      (a) A full-time adult employee must be paid a weekly rate as set out below.

      Level

      Minimum weekly rate

       

      $

      Level 1

      640.90

      Level 2

      675.70

      Level 3

      708.20

      Level 4

      746.20

      Level 5

      769.60

      Level 6

      793.00

      Level 7

      814.20

      Level 8

      861.30

      Level 9

      923.10

      Level 10

      979.30

      Level 11

      1103.00

      Level 12

      1245.90

      Level 13

      1811.90

      Level 14

      1899.60

      Level 15

      1987.50

13.2 Junior employees

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

    Age

    Percentage of adult rate

     

    %

    16 years or under

    75

    At 17 years

    85

    At 18 years

    100

13.3 Apprentices and trainees

[13.3 substituted by PR544281 ppc 01Jan14]

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

      (b) Trainees will be entitled to the rate for their classification as set out in the National Training Wage Award 2000 (or any successor award).

[13.3(c) substituted by PR549884 ppc 01Jan14]

      (c) Apprentices who commenced before 1 January 2014 will be entitled to the percentage of the applicable adult weekly rate for their classification as set out in the table below.

      Year of apprenticeship

      Percentage of adult rate
      %

        

      1st year

      45

      2nd year

      55

      3rd year

      75

      4th year

      88

      (d) Apprentices who commenced on or after 1 January 2014 will be entitled to the rate prescribed in clause 13.3(c) or the percentage of the Level 4 adult weekly rate in clause 13.1(a) as set out in the table below,whichever is the greater:

        (i) From 1 January 2014:

      Year of apprenticeship

      Percentage of standard rate for apprentices who have not completed year 12

      %

      Percentage of standard rate for apprentices who have completed year 12

      %

      1st year

      50

      50

      2nd year

      55

      60

      3rd year

      75

      75

      4th year

      88

      88

        (ii) From the first pay period commencing on or after 1 January 2015:

      Year of apprenticeship

      Percentage of standard rate for apprentices who have not completed year 12

      %

      Percentage of standard rate for apprentices who have completed year 12

      %

      1st year

      50

      55

      2nd year

      60

      65

      3rd year

      75

      75

      4th year

      88

      88

      (e) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the minimum wage rate for the Level 4 classification,or the rate prescribed by clause 13.3(c) or 13.3(d) for the relevant year of the apprenticeship,whichever is the greater.

      (f) The minimum wage of an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 13.1Adult employees,or the rate prescribed by clause 13.3(c) or 13.3(d) for the relevant year of the apprenticeship,whichever is the greater.

      (g) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement,provided that the person has been an employee in that enterprise for at least six months as a full-time employee or twelve months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage,the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 13.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

13.4 Supported wage system

13.5 School-based apprentices

13.6 National training wage

14. Allowances

[Varied by PR998170,PR523034,PR536837,PR551760]

14.1 Expenses incurred in the course of employment

      (a) Motor vehicle/motorcycle reimbursement rate

        (i) Reimbursement for the use of a private motor vehicle/motorcycle will only occur where the employer has given approval prior to the actual use of the private motor vehicle/motorcycle by the employee.

[14.1(a)(ii) varied by PR523034,PR536837, PR551760 ppc 01Jul14]

        (ii) Where approval has been given for the use of the private motor vehicle/motorcycle by the employer,employees will be paid an allowance of $0.78 per kilometre.

      (b) Protective clothing and equipment

        Where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory covered by this award,the employer must reimburse the employee for the cost of purchasing such special clothing and equipment. The provisions of this paragraph do not apply where the clothing and equipment is supplied by the employer.

      (c) Tools

[14.1(c) varied by PR998170 ppc 01Jul10]

        A qualified tradesperson (Level 4 and above) who is required by the employer to provide tools will be paid $14.69 per week for supplying and maintaining tools ordinarily required for the performance of their work as tradespersons.

      (d) Electrician’s licence allowance

        An electrical worker who is an electrical mechanic who holds and in the course of their duties may be required to use an unrestricted licence must be paid an all-purpose allowance of 4.55% of the standard rate per week.

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

      (a) First aid allowance

        An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid a weekly allowance of 1.8% of the standard rate if appointed by the employer as a first aid officer.

      (b) Higher duties allowance

        An employee performing the tasks,role and responsibilities of an employee at a higher classification on a temporary basis for one shift or day,must be paid at the higher wage rate for the period they perform those duties.

14.3 Adjustment of expense related allowances

      (a) 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.

[14.3(b) varied by PR523034 ppc 01Jul12]

      (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

      Allowance

      Applicable Consumer Price Index figure

      Tools allowance

      Tools and equipment for house and garden component of the household appliances,utensils and tools sub-group

      Vehicle allowance

      Private motoring sub-group

   

15. District allowances

[Varied by PR994535]

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):

[15.1(a) substituted by PR994535 from 01Jan10]

      (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-based transitional instrument or enterprise agreement 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 notional agreement preserving a State award or an award made under the Workplace Relations Act 1996 (Cth):

[15.2(a) substituted by PR994535 from 01Jan10]

      (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-based transitional instrument or enterprise agreement 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. Accident pay

[Varied by PR994535,PR503670]

[16.1 varied by PR994535;substituted by PR503670 ppc 01Jan11]

16.1 Subject to clause 16.2,an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006,a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:

      (a) if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument,enterprise agreement or Division 2B State employment agreement had applied to the employee;and

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

[16.2 substituted by PR503670 ppc 01Jan11]

16.2 The employee’s entitlement to accident pay under the award,the notional agreement preserving a State award or the Division 2B State award is limited to the amount of accident pay which exceeds the employee’s entitlement to accident pay,if any,under any other instrument.

16.3 The employee’s entitlement to accident pay under the notional agreement preserving a State award or the award is limited to the amount of accident pay which exceeds the employee’s entitlement to accident pay,if any,under any other instrument.

16.4 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.

16.5 This clause ceases to operate on 31 December 2014.

17. Payment of wages

17.1 Wages will be paid weekly or fortnightly unless otherwise agreed between the employer and the employee.

17.2 Wages will be paid by cash or electronic funds transfer (EFT).

18. Superannuation

[Varied by PR990819,PR994535,PR546025,PR549528]

18.1 Superannuation legislation

      (a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.

      (b) The rights and obligations in these clauses supplement those in superannuation legislation.

18.2 Employer contributions

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

18.3 Voluntary employee contributions

      (a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 18.2.

      (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 18.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or (b) was made.

18.4 Superannuation fund

[18.4 varied by PR994535 from 01Jan10]

      Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 18.2. and pay the amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor:

      (a) First State Super (NSW);

[18.4(b) deleted by PR546025 ppc 01Jan14]

[18.4(c) deleted by PR546025 ppc 01Jan14]

[18.4(d) renumbered as 18.4(b) by PR546025 ppc 01Jan14]

      (b) Sunsuper;

[18.4(e) renumbered as 18.4(c) by PR546025 ppc 01Jan14]

      (c) QSuper;

[18.4(f) renumbered as 18.4(d) by PR546025 ppc 01Jan14]

      (d) Tasplan;

[18.4(g) deleted by PR546025 ppc 01Jan14]

[18.4(h) deleted by PR546025 ppc 01Jan14]

[18.4(i) deleted by PR546025 ppc 01Jan14]

[18.4(j) deleted by PR546025 ppc 01Jan14]

[18.4(k) renumbered as 18.4(e) by PR546025 ppc 01Jan14]

      (e) Equipsuper;

[18.4(l) renumbered as 18.4(f) by PR546025 ppc 01Jan14]

      (f) M.T.A.A. Super Fund;

[18.4(m) renumbered as 18.4(g) by PR546025 ppc 01Jan14]

      (g) Statewide Superannuation Trust (SST);

[18.4(n) renumbered as 18.4(h) by PR546025 ppc 01Jan14]

      (h) Maritime Super;

[18.4(o) renumbered as 18.4(i) by PR546025 ppc 01Jan14]

      (i) AMP Superannuation Savings Trust;

[18.4(p) deleted by PR546025 ppc 01Jan14]

[New 18.4(j) inserted by PR549528 ppc 01Jan14]

19. Ordinary hours of work and rostering

20. Breaks

21. Overtime and penalty rates

      (j) Westscheme

[18.4(q) renumbered as 18.4(j) and varied by PR546025 ppc 01Jan14;renumbered as 18.4(k) by PR549528 ppc 01Jan14]

      (k) 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 and is a fund that offers a MySuper product or is an exempt public sector scheme;or

[New 18.4(k) inserted by PR546025 ppc 01Jan14;renumbered as 18.4(l) by PR549528 ppc 01Jan14]

      (l) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Hours of Work and Related Matters

19. Ordinary hours of work and rostering

19.1 This clause supplements Division 3 of the NES which deals with maximum weekly hours.

19.2 Day workers

      (a) Subject to clause 19.5,the ordinary hours of work for day workers are an average of 38 hours per week but not exceeding 608 hours over a period of 16 weeks.

      (b) The ordinary hours of work may be worked on any day of the week including Saturday and Sunday provided that work on a Saturday or Sunday has been agreed between the employer and an employee or between the employer and the majority of a group of employees.

      (c) The ordinary hours of work are to be worked continuously,except for meal breaks,at the discretion of the employer between 6.00 am and 7.00 pm. The spread of hours of 6.00 am and 7.00 pm may be altered by agreement between the employer and an employee or between the employer and the majority of a group of employees.

      (d) Unless an agreement has been reached in accordance with clause 19.2(c),all work outside the spread of hours will be paid at time and a half between midnight on Friday and midnight on Saturday and double time between midnight on Saturday and midnight on Sunday.

      (e) A day worker required to work on a public holiday will be paid at double time and a half for all such work and for a minimum of four hours.

19.3 Continuous shiftworkers

      (a) Continuous shiftwork means work carried on with continuous shifts of employees throughout the 24 hours of each day in the week without interruption except for breakdowns or unavoidable causes beyond the control of the employer.

      (b) The ordinary hours of continuous shiftworkers are,at the discretion of the employer,to average 38 hours per week inclusive of meal breaks and must not exceed 608 hours in 16 weeks.

      (c) Continuous shiftworkers may be required to work shifts up to 12 hours in duration for ordinary hours of work provided that a continuous shiftworker will not work more than one shift in any day other than for a regular changeover of shifts.

19.4 Non-continuous shiftworkers

      (a) The ordinary hours of non-continuous shiftworkers are,at the discretion of the employer,to average 38 hours per week and must not exceed 608 hours in 16 weeks.

      (b) The ordinary hours of work must be worked continuously,except for meal breaks,at the discretion of the employer.

      (c) Non-continuous shiftworkers may be required to work shifts up to 12 hours in duration for ordinary hours of work provided that a non-continuous shiftworker will not work more than one shift in any day other than for a regular changeover of shifts.

19.5 Methods of arranging ordinary working hours

      (a) Subject to the employer’s right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in clause 19.2(c) and the employer’s right to fix the commencing and finishing time of shifts from time to time,the arrangement of ordinary working hours must be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.

      (b) The matters on which agreement may be reached include:

        (i) how the hours are to be averaged within a work cycle established in accordance with clauses 19.2,19.3 and 19.4;

        (ii) the duration of the work cycle for day workers provided that such duration does not exceed three months;

        (iii) rosters which specify the starting and finishing times of working hours;

        (iv) a period of notice of a rostered day off which is less than four weeks;

        (v) substitution of rostered days off;

        (vi) accumulation of rostered days off;

        (vii) arrangements which allow for flexibility in relation to the taking of rostered days off;and

        (viii) any arrangements of ordinary hours which exceed eight hours in any day.

      (c) Subject to clauses 19.3(c) and 19.4(c),by agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned,12 hour days or shifts may be introduced subject to:

        (i) proper health monitoring procedures being introduced;

        (ii) suitable roster arrangements being made;

        (iii) proper supervision being provided;

        (iv) adequate breaks being provided;and

        (v) a trial or review process being jointly implemented by the employer and the employees or their representatives.

      (d) Where an employee works on a shift other than a rostered shift,the employee must:

        (i) if employed on continuous work,be paid at the rate of double time;or

        (ii) if employed on other shiftwork,be paid at the rate of time and a half for the first three hours and double time thereafter.

      (e) Clause 19.5(d) does not apply when the time is worked:

        (i) by arrangement between the employees themselves;

        (ii) for the purposes of effecting the customary rotation of shifts;or

        (iii) on a shift to which the employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment in accordance with s.524 of the Act.

19.6 Daylight saving

      (a) Where by reason of State or Territory legislation summer time is prescribed as being in advance of the standard time in that State,the length of any shift commencing before the time prescribed by the relevant legislation for the commencement of a summer time period or commencing on or before the time prescribed by the relevant legislation for the termination of a summer time period,is 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 of the shift. The time of the clock in each case is to be set to the time fixed by the relevant legislation.

      (b) The terms standard time and summer time have the same meaning as in the relevant State or Territory legislation.

19.7 Make-up time

      (a) An employee may elect,with the consent of the employer,to work make-up time under which the employee takes time off during ordinary hours,and works those hours at a later time,during the spread of ordinary hours provided in this award.

      (b) An employee on shiftwork may elect,with the consent of their employer,to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time,at the rate which would have been applicable to the hours taken off.

19.8 Rostering

      (a) The employer may change shift rosters or require an employee to work a different shift roster where operational circumstances require. The employer will provide the employee with as much notice as practicable prior to any change in the roster and,wherever possible,the employer will consult with the employee before any change to the roster is made.

      (b) The employer will arrange overtime work or shiftwork in a manner that ensures employees are provided with a break between work on successive days or shifts. The minimum break will reflect the operational requirements and conform to the principles of fatigue management.

20. Breaks

20.1 An employee,other than a continuous shiftworker on shifts greater than 10 hours,may be rostered for an unpaid meal break of not less than 30 minutes and not more than 60 minutes during the course of an eight hour shift provided that it does not interfere with operational requirements. Where an unpaid meal break is provided,the employee,where practical,should not be required to work more than five hours without a break.

20.2 A continuous shiftworker employee on a shift of greater than 10 hours will be entitled to one paid 20 minute meal break during the first five hours of each shift and a further paid 10 minute break within each subsequent period of four hours,provided that such breaks do not interfere with operational requirements.

20.3 An employee,other than a continuous shiftworker,who works eight hours or more during any shift will be entitled to two 10 minute paid rest breaks,one in the morning and one in the afternoon.

20.4 An employee,other than a continuous shiftworker,who works less than eight hours during any shift but more than five hours will be entitled to one 10 minute paid rest break at a time agreed with the employer.

21. Overtime and penalty rates

[Varied by PR529164]

21.1 Overtime

      All time worked in excess of or outside ordinary hours will be paid as overtime.

21.2 Except as provided otherwise in this clause employees will be entitled to be paid:

      (a) a loading of 50% of the ordinary hourly minimum rate of pay for the first three hours and 100% the ordinary hourly minimum rate of pay thereafter for any time worked outside of ordinary hours on a Monday to Friday,except for public holidays;

      (b) for all ordinary hours and overtime worked between midnight Friday and midnight Saturday a loading of 50% of the ordinary hourly minimum rate of pay;and

      (c) if recalled to work on site at the employer’s premises an employee will be paid a minimum of three hours at the applicable overtime rate or two hours if they are notified whilst still on the premises.

21.3 Time off instead of overtime payment

      (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.

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

21.4 Shiftwork penalties

[21.4 varied by PR529164 ppc 27Sep12]

      (a) An employee whilst on afternoon shift will be paid a loading of 12.5% of the employee’s ordinary hourly minimum rate of pay.

      (b) An employee whilst on night shift will be paid a loading of 15% of the employee’s ordinary hourly minimum rate of pay.

21.5 Sunday work

      An employee will be paid a loading of 100% of the ordinary hourly minimum rate of pay for any hours,ordinary and overtime,worked on a Sunday.

21.6 Public holidays

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

Part 6—Leave and Public Holidays

22. Annual leave

23. Personal/carer’s leave and compassionate leave

24. Community service leave

25. Public holidays

22. Annual leave

22.1 The following provisions supplement the NES.

22.2 For the purpose of the NES a shiftworker as defined in this award and a permanent night shiftworker are entitled to five weeks of paid annual leave.

22.3 Subject to clause 22.4 when an employee takes a period of paid annual leave,the employee will be paid an annual leave loading of 17.5% of the minimum rate of pay for the period in addition to the payment required to be made under the NES. The annual leave loading for a shiftworker is 20%.

22.4 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.

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

23. Personal/carer’s leave and compassionate leave

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

24. Community service leave

Community service leave is provided for in the NES.

25. Public holidays

25.1 Public holiday entitlements are provided for in Division 10 of the NES.

25.2 An employee will be paid at the rate of double time and a half with a minimum of four hours work when required to work on a public holiday.

Schedule A—Transitional Provisions

[Varied by PR991559,PR503670]

A.1 General

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

A.1.2 The provisions of this schedule are to be applied:

      (a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

      (b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

      (c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or

      (d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

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

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

      (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

      (b) a piecework rate;and

      (c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

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

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

      (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

      (b) a piecework rate;and

      (c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

      For the purposes of this schedule loading or penalty means a:

      ●casual or part-time loading;

      ●Saturday,Sunday,public holiday,evening or other penalty;

      ●shift allowance/penalty.

A.5 Loadings and penalty rates –existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

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

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

      (a) was obliged,

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

      (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

      by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

    First full pay period on or after

     

    1 July 2010

    20%

    1 July 2011

    40%

    1 July 2012

    60%

    1 July 2013

    80%

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8 Former Division 2B employers

[A.8 inserted by PR503670 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3 where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Classification Structure

[Varied by PR991559]

Preamble

Employees at each level may be required to have the competencies for the level or levels below their level. When required,employees at each level will undertake lower level duties as well as performing tasks incidental to work at their level. The employer will ensure employees undertake duties which are within the limits of the employee’s skills,competence and training. The level of an employee’s position will be determined by the employer based on the substantive duties and functions of the employee’s position. An employee being required to undertake minor activities from a higher level will not result in a change in the position classification.

B.1 Level 1

      ●Completed induction

      ●Works under detailed instruction

      ●Basic civil/maintenance work,mooring deckhand,cleaning wharves and sheds

      ●Operating small plant,fork lifts (up to 10,000 kg),bob cats,sweepers,line markers

B.2 Level 2

      ●Perform duties above Level 1

      ●Carry out basic computer functions including secure logins,reading and composing basic electronic mail and finding documents within the company’s intranet or electronic file storage systems

      ●Works under close direction

      ●Responsible for quality of work and exercises discretion

      ●Operates small to medium size plant (over 10,000 kg),installs wharf infrastructure bollards,fenders etc.

      ●Concrete pouring and finishing

      ●Handles emergency equipment including oil booms and collecting gear

      ●Handles tapes and surveying equipment,winches and fixed cranes for heavy floating

      ●Provides basic security functions including patrols,crowd control,and traffic management

      ●Entry level for hospitality staff

      ●Basic dredge maintenance work on minor plant,loading stores and watch keeping

B.3 Level 3

      ●Perform activities above Level 2

      ●Assists in on-the-job training

      ●Carry out more advanced computer functions such as creating documents,basic spreadsheets,saving and retrieving files and basic document formatting. Completing data entry activities relating to the work performed

      ●Basic clerical skills and administrative activities working within a routine and to administrative procedures

      ●May require direction

      ●Rigging and scaffolding certificate

      ●Servicing of minor plant (non-trade work)

      ●Inventory control and maintenance of records

      ●Work may be subject to progress and final checking

      ●Provides security functions including those at Level 2 and Control Room and or CCTV

B.4 Level 4

      ●Perform activities above Level 3

      ●Working knowledge of office operating procedures

      ●Works under guidelines and instructions

      ●Performs skilled trade or port related activities such as boat master for vessels not exceeding 24 metres

      ●Operating light capacity cranes and or ships’gear,heavy mechanical plant and equipment,operating trucks,operating bulk handling gantries/loaders,and basic servicing and maintenance of such equipment

      ●Perform maintenance and construction duties requiring specialised knowledge and skills

      ●Qualified tradesperson

      ●May provide assistance or guidance to lower level employees

      ●May exercise limited judgment and initiative within the range of their skills,training and knowledge

      ●Maintains radio and visual watch of shipping traffic

      ●Provide information on shipping movements

      ●Operate and maintain dredge equipment,within the requirements of an Integrated Rating qualification (certificate III)

B.5 Level 5

      ●Performs activities above Level 4

      ●Using company information systems to access and enter information relating to port activities which could include schedules,meteorology information and technical databases,and retrieve and analyse data related to the work performed.

      ●Requires general guidance

      ●May assist in the training of lower level employees

      ●Supervises small work groups

      ●Prepares technical reports to their level of competence

      ●Complies with quality and cost targets

      ●Understands and implements quality control techniques

      ●Assists in the co-ordination of port services to ships

      ●Supervision of general purpose hands on dredges

B.6 Level 6

      ●Performs activities above Level 5

      ●Requires limited guidance or direction and normally reports to more senior staff as required

      ●Exercises initiative,discretion and judgment at times in the performance of their duties within approved guidelines

      ●Understands and implements quality control techniques

      ●Operation and servicing of heavy shorebased cranes and equipment

      ●Installing,repairing and maintaining,testing,modifying,commissioning or fault finding on complex machinery and equipment

      ●Exercise knowledge of procedures,instructions and regulations relating to general administration and customer enquiries

      ●Undertake a range of duties requiring the use of written and verbal communications using a variety of computer applications

      ●Responsible for ensuring the safe navigation and operation of a dredge in both confined waters and open seas (Master Class IV)

      ●Organise,carry out and supervise routine dredge maintenance including electrical and electronic equipment. Must possess relevant engineering qualifications for this role.

B.7 Level 7

      ●Performs duties above Level 6

      ●The ability to apply detailed knowledge of enterprise operations and structures to complex issues and arrangements

      ●Work involves diagnosis and the implementation of modification techniques

      ●Assist in programming of work and projects and development of estimates

      ●Undertake and accept responsibility for more detailed and complex clerical duties than Level 6

      ●Supervises employees below Level 7,including in allocation of duties and counselling on performance matters

      ●Are able to train employees below Level 7

      ●Able to assist in the delivery of training courses

      ●Accept responsibility for part of a major clerical function

      ●Exercise initiative,discretion and judgment in the performance of their duties

      ●Operate with some autonomy

B.8 Level 8

      ●Perform duties above Level 7

      ●Provides technical guidance and advice

      ●Prepares reports of technical nature

      ●Has operating knowledge of systems and equipment relative to a marine environment

      ●Acts as a team leader and assists in the provision of on-the-job training in conjunction with supervisors and trainers

      ●Accept the responsibility for the delivery of an administrative function through the provision of a level of relevant skills,knowledge and experience in a specific area of operations

      ●Have delegated responsibility for work under their control,in terms of scheduling workloads,resolving operational problems and monitoring quality of output

      ●Regular liaison with business unit managers

      ●Supervises and provides on-the-job training for lower level employees

      ●May be required to counsel staff for performance and work related matters

      ●Holds an Associate Diploma qualification or equivalent in a relevant discipline

      ●Applies standardised practices and procedures in the conduct of a range of technical activities

      ●Undertake activities on an individual basis

      ●Provides written calculation and records of test results

B.9 Level 9

      ●Perform duties above Level 8

      ●Provides high level of practical skills and experience in a specialist administrative function

      ●Has a sound knowledge of organisational programs,policies,activities,structures and function

      ●Work within broadly defined guidelines under limited direction

      ●Sets up,commissions,maintains and operates sophisticated electronic equipment or control systems

      ●Specialises in a single technical function

      ●Responsible for the accuracy and timeliness of their work without direct supervision

      ●Has a high level of verbal and written communication skills and interpersonal skills

      ●Supervises and co-ordinates the work of a group of technical and other personnel

      ●Practical application of a very high level of field operational skills related to the marine environment

      ●Provides reports and recommendations to management on technical suitability of equipment,procedures,processes and test results

      ●Undertakes planning and design projects with increasing levels of operational independence

      ●Reports on findings and investigative results of minor projects or elements of a larger projects

      ●Financial delegation responsibilities

      ●Oversees elements of project budget

      ●Performs technical duties in a specific field

      ●Possesses additional skills in another technical field

B.10 Level 10

      ●Perform duties above Level 9

      ●Responsible for a wide range of administrative support services

      ●Typically will have worked or studied in a relevant field to enable them to provide specialist advice

      ●Provides advice and assistance to managers and internal clients in a range of areas

      ●Hold relevant tertiary qualifications

      ●Has ability to analyse situations and take corrective action where required

      ●Responsible for decision making,exercising judgment and delegated authority

      ●Determines standards and work objectives

      ●Train and supervise lower level employees and deliver training courses

      ●Required to counsel employees at lower levels for performance and work related matters

      ●Provides specialist consultancy services

      ●Exercise significant technical responsibilities on an individual basis

      ●A senior member of a single technical discipline project team with varying degrees of subordinate complexity

      ●Determines and develops standardised methodology

      ●Conducts research into technological and other development which will impact on Section operations

      ●Operate as a team leader under professional supervision

      ●Analyse and develop equipment utilising a combination of professional expertise

      ●Undertake project studies independently

      ●Possesses a general knowledge and awareness of the administrative,business,and marketing strategies of the enterprise

      ●Plans,writes and delivers training programs for clerical employees,production employees,apprentices,trainees,trade and lower technical levels

B.11 Level 11

      ●Responsible for the management and administration of significant work programs/projects

      ●Work under broad direction

      ●Exercise significant level of responsibility and decision making which impacts on organisation programs

      ●Provide expert advice through the application of extensive administrative knowledge and experience

      ●Exercise significant resource delegations

      ●Supervise day to day activities of others and manage rosters and relief

      ●Liaise with senior managers on complex matters

      ●Have strong interpersonal skills and an ability to work autonomously

      ●High level of knowledge of specialised computer systems

B.12 Level 12

      (a) Duties

        This is the first level of direct and sustained supervision of other professionals or full specialisation. It requires application of mature professional knowledge in planning and conducting projects having scope for independent accomplishment and coordination of the difficult and responsible assignments. Assigned problems make it necessary to modify established guides,devise new approaches,apply existing criteria in new manners,and draw conclusions from comparative situations.

      (b) Recommendations and decisions

        Recommendations reviewed for soundness of judgment,but usually accepted as technically accurate and feasible.

      (c) Supervision received

        Work is assigned in terms of objectives,relative priorities and critical areas that impinge on work of other units. Work is carried out within broad guidelines,but informed guidance is available.

      (d) Authority and/or supervision exercised

        Assigns and outlines work;advises on technical problems;reviews work on technical accuracy and adequacy. Supervision may call for recommendations concerning selection,training and discipline of staff.

B.13 Level 13

      A Marine Pilot Level 1

B.14 Level 14

      A Marine Pilot Level 2

B.15 Level 15

      A Marine Pilot Level 3

Schedule C—Supported Wage System

[Varied by PR991559,PR994535,PR998748,PR510670,PR525068,PR537893,PR542171,PR551831]

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 (Cth),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 (SWS) 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

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[C.4.2 varied by PR994535,PR998748,PR510670,PR525068,PR537893,PR551831 ppc 01Jul14]

C.4.2 Provided that the minimum amount payable must be not less than $80 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 Assessment of capacity

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 varied by PR542171 ppc 04Dec13]

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 Fair Work Commission.

[C.6.2 varied by PR542171 ppc 04Dec13]

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 Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work 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 varied by PR994535,PR998748,PR510670,PR525068,PR537893,PR551831 ppc 01Jul14]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $80 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.

Schedule D—School-based Apprentices

[Varied by PR991559,PR544281]

D.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.

D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.

D.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award,calculated hourly,will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.

D.4 For the purposes of clause D.3,where an apprentice is a full-time school student,the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.

D.5 A school-based apprentice must be allowed,over the duration of the apprenticeship,the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

D.6 For the purposes of this schedule,off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on-the-job.

D.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.

[D.8 substituted by PR544281 ppc 01Jan14]

D.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency based progression if provided for in this award.

[D.9 substituted by PR544281 ppc 01Jan14]

D.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.

[D.10 substituted by PR544281 ppc 01Jan14]

D.10 If an apprentice converts from school-based to full-time,the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

D.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule E—National Training Wage

[Sched E inserted by PR994535 ppc 01Jan10;varied by PR991559,PR997938,PR509082,PR522913,PR536716,PR545787,PR551639]

E.1 Title

This is the National Training Wage Schedule.

E.2 Definitions

In this schedule:

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

      approved training means the training specified in the training contract

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

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

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

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

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

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

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

        Australian Capital Territory:Training and Tertiary Education Act 2003;

        New South Wales:Apprenticeship and Traineeship Act 2001;

        Northern Territory:Northern Territory Employment and Training Act 1991;

        Queensland:Vocational Education,Training and Employment Act 2000;

        South Australia:Training and Skills Development Act 2008;

        Tasmania:Vocational Education and Training Act 1994;

        Victoria:Education and Training Reform Act 2006;or

        Western Australia:Vocational Education and Training Act 1996

      trainee is an employee undertaking a traineeship under a training contract

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

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

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

      year 10 includes any year before Year 10

E.3 Coverage

E.3.1 Subject to clauses E.3.2 to E.3.6 of this schedule,this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix E1 to this schedule or by clause E.5.4 of this schedule.

E.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix E1 to this schedule.

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

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

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

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

E.4 Types of Traineeship

The following types of traineeship are available under this schedule:

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

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

E.5 Minimum Wages

[E.5 substituted by PR997938,PR509082,PR522913,PR536716,PR551639 ppc 01Jul14]

E.5.1 Minimum wages for full-time traineeships

      (a) Wage Level A

        Subject to clause E.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per week

      per week

      per week

       

      $

      $

      $

      School leaver

      287.90

      317.10

      377.80

      Plus 1 year out of school

      317.10

      377.80

      439.60

      Plus 2 years out of school

      377.80

      439.60

      511.60

      Plus 3 years out of school

      439.60

      511.60

      585.80

      Plus 4 years out of school

      511.60

      585.80

       

      Plus 5 or more years out of school

      585.80

        

      (b) Wage Level B

        Subject to clause E.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per week

      Per week

      per week

       

      $

      $

      $

      School leaver

      287.90

      317.10

      367.60

      Plus 1 year out of school

      317.10

      367.60

      422.80

      Plus 2 years out of school

      367.60

      422.80

      495.80

      Plus 3 years out of school

      422.80

      495.80

      565.60

      Plus 4 years out of school

      495.80

      565.60

       

      Plus 5 or more years out of school

      565.60

        

      (c) Wage Level C

        Subject to clause E.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per week

      per week

      per week

       

      $

      $

      $

      School leaver

      287.90

      317.10

      367.60

      Plus 1 year out of school

      317.10

      367.60

      413.80

      Plus 2 years out of school

      367.60

      413.80

      462.20

      Plus 3 years out of school

      413.80

      462.20

      515.00

      Plus 4 years out of school

      462.20

      515.00

       

      Plus 5 or more years out of school

      515.00

        

      (d) AQF Certificate Level IV traineeships

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

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

        Wage level

        First year of traineeship

        Second and subsequent years of traineeship

         

        per week

        per week

         

        $

        $

        Wage Level A

        608.30

        631.90

        Wage Level B

        586.90

        609.50

        Wage Level C

        534.10

        554.30

E.5.2 Minimum wages for part-time traineeships

      (a) Wage Level A

        Subject to clauses E.5.2(f) and E.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per hour

      per hour

      per hour

       

      $

      $

      $

      School leaver

      9.47

      10.44

      12.43

      Plus 1 year out of school

      10.44

      12.43

      14.47

      Plus 2 years out of school

      12.43

      14.47

      16.83

      Plus 3 years out of school

      14.47

      16.83

      19.26

      Plus 4 years out of school

      16.83

      19.26

       

      Plus 5 or more years out of school

      19.26

        

      (b) Wage Level B

        Subject to clauses E.5.2(f) and E.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per hour

      per hour

      per hour

       

      $

      $

      $

      School leaver

      9.47

      10.44

      12.10

      Plus 1 year out of school

      10.44

      12.10

      13.91

      Plus 2 years out of school

      12.10

      13.91

      16.32

      Plus 3 years out of school

      13.91

      16.32

      18.61

      Plus 4 years out of school

      16.32

      18.61

       

      Plus 5 or more years out of school

      18.61

        

      (c) Wage Level C

        Subject to clauses E.5.2(f) and E.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix E1 are:

       

      Highest year of schooling completed

       

      Year 10

      Year 11

      Year 12

       

      per hour

      per hour

      per hour

       

      $

      $

      $

      School leaver

      9.47

      10.44

      12.10

      Plus 1 year out of school

      10.44

      12.10

      13.61

      Plus 2 years out of school

      12.10

      13.61

      15.20

      Plus 3 years out of school

      13.61

      15.20

      16.94

      Plus 4 years out of school

      15.20

      16.94

       

      Plus 5 or more years out of school

      16.94

        

      (d) School-based traineeships

        Subject to clauses E.5.2(f) and E.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A,B or C by Appendix E1 are as follows when the trainee works ordinary hours:

      Year of schooling

      Year 11 or lower

      Year 12

      per hour

      per hour

      $

      $

      9.47

      10.44

      (e) AQF Certificate Level IV traineeships

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

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

        Wage level

        First year of traineeship

        Second and subsequent years of traineeship

         

        per hour

        per hour

         

        $

        $

        Wage Level A

        20.01

        20.79

        Wage Level B

        19.29

        20.04

        Wage Level C

        17.57

        18.24

      (f) Calculating the actual minimum wage

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

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

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

E.5.3 Other minimum wage provisions

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

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

E.5.4 Default wage rate

      The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix E1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

E.6 Employment conditions

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

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

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

[Note inserted by PR545787 ppc 01Jan14]

      Note:The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause E.5.2(f)(ii) and not by this clause.

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

Appendix E1:Allocation of Traineeships to Wage Levels

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

E1.1 Wage Level A

    Training package

    AQF certificate level

    Aeroskills

        II

    Aviation

        I
        II
        III

    Beauty

        III

    Business Services

        I
        II
        III

    Chemical,Hydrocarbons and Refining

        I
        II
        III

    Civil Construction

        III

    Coal Training Package

        II
        III

    Community Services

        II
        III

    Construction,Plumbing and Services Integrated Framework

        I
        II
        III

    Correctional Services

        II
        III

    Drilling

        II
        III

    Electricity Supply Industry—Generation Sector

        II
        III (in Western Australia only)

    Electricity Supply Industry—Transmission,Distribution and Rail Sector

        II

    Electrotechnology

        I
        II
        III (in Western Australia only)

    Financial Services

        I
        II
        III

    Floristry

        III

    Food Processing Industry

        III

    Gas Industry

        III

    Information and Communications Technology

        I
        II
        III

    Laboratory Operations

        II
        III

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

        I
        II
        III

    Manufactured Mineral Products

        III

    Manufacturing

        I
        II
        III

    Maritime

        I
        II
        III

    Metal and Engineering (Technical)

        II
        III

    Metalliferous Mining

        II
        III

    Museum,Library and Library/Information Services

        II
        III

    Plastics,Rubber and Cablemaking

        III

    Public Safety

        III

    Public Sector

        II
        III

    Pulp and Paper Manufacturing Industries

        III

    Retail Services (including wholesale and Community pharmacy)

        III

    Telecommunications

        II
        III

    Textiles,Clothing and Footwear

        III

    Tourism,Hospitality and Events

        I
        II
        III

    Training and Assessment

        III

    Transport and Distribution

        III

    Water Industry (Utilities)

        III

E1.2 Wage Level B

    Training package

    AQF certificate level

    Animal Care and Management

        I
        II
        III

    Asset Maintenance

        I
        II
        III

    Australian Meat Industry

        I
        II
        III

    Automotive Industry Manufacturing

        II
        III

    Automotive Industry Retail,Service and Repair

        I
        II
        III

    Beauty

        II

    Caravan Industry

        II
        III

    Civil Construction

        I

    Community Recreation Industry

        III

    Entertainment

        I
        II
        III

    Extractive Industries

        II
        III

    Fitness Industry

        III

    Floristry

        II

    Food Processing Industry

        I
        II

    Forest and Forest Products Industry

        I
        II
        III

    Furnishing

        I
        II
        III

    Gas Industry

        I
        II

    Health

        II
        III

    Local Government (Operational Works)

        I
        II

    Manufactured Mineral Products

        I
        II

    Metal and Engineering (Production)

        II
        III

    Outdoor Recreation Industry

        I
        II
        III

    Plastics,Rubber and Cablemaking

        II

    Printing and Graphic Arts

        II
        III

    Property Services

        I
        II
        III

    Public Safety

        I
        II

    Pulp and Paper Manufacturing Industries

        I
        II

    Retail Services

        I
        II

    Screen and Media

        I
        II
        III

    Sport Industry

        II
        III

    Sugar Milling

        I
        II
        III

    Textiles,Clothing and Footwear

        I
        II

    Transport and Logistics

        I
        II

    Visual Arts,Craft and Design

        I
        II
        III

    Water Industry

        I
        II

E1.3 Wage Level C

    Training package

    AQF certificate level

    Agri-Food

        I

    Amenity Horticulture

        I
        II
        III

    Conservation and Land Management

        I
        II
        III

    Funeral Services

        I
        II
        III

    Music

        I
        II
        III

    Racing Industry

        I
        II
        III

    Rural Production

        I
        II
        III

    Seafood Industry

        I
        II
        III

** end of text **

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Title:
Port Authorities Award 2020
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