MA000057: Premixed Concrete Award 2020

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 PR542177 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 PR542177 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 PR542177 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 PR994473,PR997772,PR503683,PR546032]

3.1 In this award,unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994473 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 PR546032 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 PR546032 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 PR503683 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 PR503683 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 PR546032 ppc 01Jan14]

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

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

[Definition of MySuper product inserted by PR546032 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)

[Definition of on-hire inserted by PR994473 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

premixed concrete industry means the industry of premixed concrete manufacturing

premixed concrete means a mixture of cement and/or aggregates and/or water and/or such materials as may be specified for delivery to the purchaser ready for use

standard rate means the minimum weekly rate for Level 3 in clause 14—Minimum wages

[Definition of transitional minimum wage instrument inserted by PR994473 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 PR994473]

4.1 This industry award covers employers throughout Australia in the premixed concrete industry and their employees in the classifications listed in Schedule B —Classification Descriptors,to the exclusion of any other modern award.

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

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

[New 4.4 inserted by PR994473 from 01Jan10]

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

[New 4.5 inserted by PR994473 from 01Jan10]

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

[4.6 inserted by PR994473 from 01Jan10]

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

[4.4 renumbered as 4.7 by PR994473 from 01Jan10]

4.7 The award does not cover employers and their employees in the on-site building,engineering and civil construction industry,covered by the Building and Construction General On-site Award 2010.

[4.5 renumbered as 4.8 by PR994473 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. Individual flexibility arrangements

[Varied by PR542177;7—Award flexibility renamed and substituted by PR610220 ppc 01Nov18]

7.1 Despite anything else in this award,an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed;or

(b) overtime rates;or

(c) penalty rates;or

(d) allowances;or

(e) annual leave loading.

7.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

7.3 An agreement may only be made after the individual employee has commenced employment with the employer.

7.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal;and

(b) if the employer is aware that the employee has,or reasonably should be aware that the employee may have,limited understanding of written English,take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

7.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

7.6 An agreement must do all of the following:

(a) state the names of the employer and the employee;and

(b) identify the award term,or award terms,the application of which is to be varied;and

(c) set out how the application of the award term,or each award term,is varied;and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made;and

(e) state the date the agreement is to start.

7.7 An agreement must be:

(a) in writing;and

(b) signed by the employer and the employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

7.8 Except as provided in clause 7.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

7.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

7.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.

7.11 An agreement may be terminated:

(a) at any time,by written agreement between the employer and the employee;or

(b) by the employer or employee giving 13 weeks’written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

Note:If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in s.144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see s.145 of the Act).

7.12 An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause.

7.13 The right to make an agreement under clause 7 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

9. Dispute resolution

8. Consultation about major workplace change

[8—Consultation regarding major workplace change renamed and substituted by PR546288,8—Consultation renamed and substituted by PR610220 ppc 01Nov18]

8.1 If an employer makes a definite decision to make major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any);and

(b) discuss with affected employees and their representatives (if any):

(i) the introduction of the changes;and

(ii) their likely effect on employees;and

(iii) measures to avoid or reduce the adverse effects of the changes on employees;and

(c) commence discussions as soon as practicable after a definite decision has been made.

8.2 For the purposes of the discussion under clause 8.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature;and

(b) their expected effect on employees;and

(c) any other matters likely to affect employees.

8.3 Clause 8.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

8.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 8.1(b).

8.5 In clause 8:

significant effects,on employees,includes any of the following:

(a) termination of employment;or

(b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or

(c) loss of,or reduction in,job or promotion opportunities;or

(d) loss of,or reduction in,job tenure;or

(e) alteration of hours of work;or

(f) the need for employees to be retrained or transferred to other work or locations;or

(g) job restructuring.

8.6 Where this award makes provision for alteration of any of the matters defined at clause 8.5,such alteration is taken not to have significant effect.

8A. Consultation about changes to rosters or hours of work

[8A inserted by PR610220 ppc 01Nov18]

8A.1 Clause 8A applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

8A.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

8A.3 For the purpose of the consultation,the employer must:

(a) provide to the employees and representatives mentioned in clause 8A.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

8A.4 The employer must consider any views given under clause 8A.3(b).

8A.5 Clause 8A is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

9. Dispute resolution

[Varied by PR542177;substituted by PR610220 ppc 01Nov18]

9.1 Clause 9 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

9.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

9.3 If the dispute is not resolved through discussion as mentioned in clause 9.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

9.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 9.2 and 9.3,a party to the dispute may refer it to the Fair Work Commission.

9.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute,including mediation,conciliation and consent arbitration.

9.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

9.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 9.

9.8 While procedures are being followed under clause 9 in relation to a dispute:

(a) work must continue in accordance with this award and the Act;and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace, that is safe and appropriate for the employee to perform.

9.9 Clause 9.8 is subject to any applicable work health and safety legislation.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

10.1 Employees may be employed in one of the following categories:

(a) full-time;

(b) part-time;or

(c) casual.

10.2 At the time of commencing employment an employer must inform an employee,in writing,of the category of their employment;whether it is full-time,part-time or casual.

10.3 Full-time employees

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

10.4 Part-time employees

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

(i) works less than 38 hours per week;and

(ii) works a regular number of ordinary hours each week.

(b) At the time of engagement,the employer and the part-time employee will agree,in writing,on a regular pattern of work,specifying at least:

(i) the hours worked each day;

(ii) which days of the week the employee will work;and

(iii) the actual starting and finishing times of each day.

(c) Any agreement to vary the regular pattern of work will be made in writing before the variation occurs.

(d) The agreement and variation will be retained by the employer and a copy given to the employee.

(e) An employer is required to roster a part-time employee for a minimum of three consecutive hours on any shift.

(f) An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 10.5.

(g) A part-time employee employed under the provisions of this clause will be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

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

10.5 Casual employees

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

(b) A casual employee:

(i) must be paid an hourly rate of 1/38th of the weekly ordinary time rate of pay for the classification in which the employee is employed in,plus a casual loading of 25%;and

(ii) must be paid for a minimum of three hours each day the employee is employed.

(c) The casual loading is paid as compensation for annual leave,paid personal/carer’s leave,notice of termination,redundancy benefits and the other attributes of full-time or part-time employment.

10.6 Casual conversion

(a) A casual employee,other than an irregular casual employee,who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of 12 months,thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process.

(b) Where the employee requests to have their employment converted,the employer will advise the employee in writing,within four weeks of the request,as to whether the employer can consent to the request.

(c) Where such conversion occurs the details will be recorded in writing.

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

(e) For the purposes of clause 10.6,an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

11. Termination of employment

[11 substituted by PR610220 ppc 01Nov18]

Note:The NES sets out requirements for notice of termination by an employer. See ss.117 and 123 of the Act.

11.1 Notice of termination by an employee

(a) This clause applies to all employees except those identified in ss.123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

Table 1—Period of notice

Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given	Column 2 Period of notice
Not more than 1 year	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

Note:The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c) In paragraph (b) continuous service has the same meaning as in s.117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under paragraph (b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under paragraph (b),then no deduction can be made under paragraph (d).

(f) Any deduction made under paragraph (d) must not be unreasonable in the circumstances.

11.2 Job search entitlement

Where an employer has given notice of termination to an employee,the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

11.3 The time off under clause 11.2 is to be taken at times that are convenient to the employee after consultation with the employer.

12. Redundancy

[Varied by PR994473,PR503683,PR561478;substituted by PR707013 ppc 03May19]

NOTE:Redundancy pay is provided for in the NES. See sections 119–123 of the Act.

12.1 Transfer to lower paid duties on redundancy

(a) Clause 12.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termin ation given by the employer;or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer,provided that the employer pays the employee as set out in paragraph (c).

(c) If the employer acts as mentioned in paragraph (b)(ii),the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances,shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role,and the ordinary rate of pay (also inclusive of all-purpose allowances,shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

12.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 12 or under sections 119–123 of the Act had they remained in employment until the expiry of the notice.

(c) However,the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

12.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy,the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under paragraph (a),the employee must,at the request of the employer,produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of paragraph (b).

(d) An employee who fails to produce proof when required under paragraph (b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clauses 11.2 and 11.3.

Part 4—Minimum Wages and Related Matters

13. Classifications

13.1 All employees covered by this award must be classified according to the structure set out in Schedule B —Classification Descriptors. Employers must advise their employees in writing of their classification and any changes to their classification.

13.2 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.

14. Minimum wages

[Varied by PR997949,PR509088,PR522919,PR536722,PR551645,PR566732,PR579827,PR592155,PR593840,PR606382,PR707469]

[14.1 varied by PR997949,PR509088,PR522919,PR536722,PR551645,PR566732,PR579827,PR592155,PR606382,PR707469 ppc 01Jul19]

14.1 A full-time employee must be paid a minimum weekly rate for their classification as set out in the table below:

Classification	Minimum weekly rate $
Level 1	761.80
Level 2	768.60
Level 3	796.00
Level 4	818.50
Level 5	862.50

14.2 Supported wage system

See Schedule C

14.3 National training wage

[14.3 substituted by PR593840 ppc 01Jul17]

(a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

[14.3(b) varied by PR606382,PR707469 ppc 01Jul19]

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2019. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Premixed Concrete Award 2010 and not the Miscellaneous Award 2010.

15. Allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR994473,PR998069,PR509210,PR523040,PR536843,PR551766,PR566867,PR579561,PR592317, PR606537,PR704192,PR707672]

15.1 Industry disability allowance

An employee engaged in any of the work specified in this award will be paid an allowance of 3.10% of the standard rate per week to compensate for the disabilities of the industry. This additional rate will be regarded as part of the standard rate for all purposes.

15.2 Leading hand

[15.2(a) varied by PR994473 from 01Jan10]

(a) Employees performing work as a leading hand or who are in charge of the plant will be paid the following additional percentage of the standard rate per week:

Leading hand	Allowance
	%
In charge of more than 2 and up to and including 5 employees and/or delivery vehicles	3.73
In charge of more than 5 and up to and including 10 employees and/or delivery vehicles	4.15
In charge of more than 10 employees and/or delivery vehicles	5.64

(b) This allowance will be paid for all purposes.

15.3 First aid allowance

(a) An employee will be paid an additional 1.95% of the standard rate each week where the employee:

(i) has been trained to provide first aid;

(ii) holds a current and appropriate first aid qualification (such as a certificate from St John Ambulance or a similar body);and

(iii) is appointed by the employer to perform first aid duty.

(b) This payment will be paid for all purposes.

15.4 Use of private vehicle

[15.4 varied by PR523040,PR536843,PR551766 ppc 01Jul14]

Where employees during working hours are directed by the employer to use their private vehicle for any purpose,they must be paid an allowance of $0.78 per kilometre travelled.

15.5 Protective clothing and equipment

(a) Clothing issue

(i) Each employee must be provided with two pairs of appropriate overalls or trousers/shirt or shorts/shirt combinations per annum free of charge.

(ii) Each employee must be provided with a maximum of two pairs of safety boots/shoes per annum on a one pair for one pair replacement basis.

(iii) Any other article of protective clothing that is required must be provided by the employer and must be worn.

(iv) The employer must replace such articles when,in the opinion of the employer,they are no longer in a serviceable condition,but no employee will be entitled to a replacement unless they return the corresponding article issued to them or,if the article is lost or misplaced by the employee to whom it was issued,the employee must pay a reasonable price for the article.

(v) The articles supplied in accordance with this subclause will remain the property of the employer.

(b) Prescription case hardened lenses

An employer who requires an employee to have their prescription lenses case hardened must pay for the cost of such case hardening.

(c) Replacement of damaged personal articles

An employer must compensate an employee to the extent of the damage sustained where,in the course of undertaking their work,the employee’s clothing (other than that referred to in clause 15.5(a)),spectacles,hearing aids or tools are damaged or destroyed by fire,molten metal or through the use of corrosive substances.

15.6 Travel,board and lodging

(a) Temporary transfer

Employees temporarily transferred from their usual place of employment to another location must be paid at ordinary time rates for all time in excess of that usually spent in travelling to their place of employment and when required to use their private vehicle must be paid an allowance as set out in clause 15.4 for all distance travelled in excess of that usually travelled to their place of employment.

(b) Permanent change in locality

An employee:

(i) employed in one locality to work in another;or

(ii) sent other than at their own request from their usual locality to another for employment which can reasonably be regarded as permanent,involving a change of residence;

must be paid travelling time whilst necessarily travelling between such localities and expenses for a period not exceeding three months or,in cases where the employee is in the process of buying a place of residence in the new locality,for a period not exceeding six months. Expenses will cease after the employee has taken up permanent residence at the new location.

(c) Temporary change in locality

An employee sent from their usual locality to another (in circumstances other than those prescribed in clause 15.6(b)) and required to remain away from their usual residence must be paid travelling time whilst necessarily travelling between such localities and such expenses incurred whilst so absent from their usual locality.

(d) Rate for travelling time

The rate of pay for travelling time will be ordinary rates,except on Sundays and holidays when it will be time and a half.

(e) Maximum travel time

The maximum travelling time to be paid will be 12 hours out of every 24 or when a sleeping berth is provided by the employer for all night travel,eight hours out of every 24.

(f) Meaning of expense

Expense for the purpose of clause 15.6 means:

(i) all fares reasonably incurred;

[15.6(f)(ii) varied by PR998069,PR509210,PR523040,PR536843,PR551766,PR566867,PR579561,PR592317, PR606537,PR704192,PR707672 ppc 01Jul19]

(ii) reasonable expenses incurred whilst travelling,including the amount of $15.75 for each meal taken;and

[15.6(f)(iii) varied by PR998069,PR523040,PR536843,PR551766,PR566867,PR606537,PR704192,PR707672 ppc 01Jul19]

(iii) the provision of reasonable board and lodging,or an allowance of $543.24 per week of seven days or $76.45 per day to cover the cost incurred for board and lodging.

15.7 Meal allowance for overtime

[15.7(a) varied by PR998069,PR509210,PR523040,PR536843,PR551766,PR566867,PR579561,PR592317,PR606537,PR704192,PR707672 ppc 01Jul19]

(a) If an employee is required to work overtime for two hours or more after their normal ceasing time the employee must be paid a meal allowance of $15.75. The employee will be entitled to this meal allowance again six hours or more after their normal ceasing time and every four hours thereafter.

(b) If the employee is notified of the requirement to work overtime but the employee is not called upon to work that overtime the employee must be paid the amount provided in clause 15.7(a).

15.8 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.

[15.8(b) varied by PR998069 ppc 01Jul10]

(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
Meal allowance	Take-away and fast foods sub-group
Vehicle allowance	Private motoring sub-group
Travel,board and lodging	Domestic holiday travel and accommodation sub-group

16. Accident pay

[Varied by PR994473,PR503683;deleted by PR561478 ppc 05Mar15]

17. Payment of wages

[Varied by PR610086]

17.1 Pay week

Wages (including overtime,any penalties and allowances) must be paid weekly or by agreement between the employer and the employee fortnightly.

17.2 Method of payment

An employer may pay an employee’s wages by electronic funds transfer into a bank or financial institution nominated by the employee or by cash or cheque.

17.3 Time of payment—cash or cheque

If payment is by cash or cheque,wages will be paid during ordinary working hours.

17.4 Electronic funds transfer wages fail to be deposited

When an employee is paid by way of electronic funds transfer and their wages are not in their nominated account on the designated pay day the employer,if requested to do so by the employee,must provide their wages in cash by conclusion of the next day’s shift.

17.5 Payment on termination of employment

[17.5 inserted by PR610086 ppc 01Nov18]

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination;and

(ii) all other amounts that are due to the employee under this award and the NES.

(b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

Note 1:Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.

Note 2:Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

Note 3:State and Territory long service leave laws or long service leave entitlements under s.113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

18. Higher duties

An employee who is required to do work for which a higher rate is fixed than that provided for their classification will,if such work exceeds a total of two hours on any day,be paid for all work done on such day at the higher rate. In all other cases the employee will be paid the higher rate for the actual time worked.

19. Superannuation

[Varied by PR994473,PR530246,PR546032,PR549539]

19.1 Superannuation legislation

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

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

19.2 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.

19.3 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 19.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’written notice to their employer.

(c) The employer must pay the amount authorised under clauses 19.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or (b) was made.

19.4 Superannuation fund

[19.4 varied by PR994473 from 01Jan10]

Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or (b) to one of the following superannuation funds or its successor:

[19.4(a) deleted by PR546032 ppc 01Jan14]

[19.4(b) substituted by PR530246 ppc 26Oct12;renumbered as 19.4(a) by PR546032 ppc 01Jan14]

(a) CareSuper;

[19.4(c) deleted by PR546032 ppc 01Jan14]

[New 19.4(b) inserted by PR549539 ppc 01Jan14]

(b) Westscheme

[19.4(d) renumbered as 19.4(b) and varied by PR546032 ppc 01Jan14;renumbered as 19.4(c) by PR549539 ppc 01Jan14]

(c) 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 19.4(c) inserted by PR546032 ppc 01Jan14;renumbered as 19.4(d) by PR549539 ppc 01Jan14]

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

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work and rostering

21. Meal breaks

22. Rest breaks

23. Overtime

23A. Requests for flexible working arrangements

20. Ordinary hours of work and rostering

[Varied by PR994473]

20.1 38 hour week

Subject to this award an employee will work an average of 38 ordinary hours each week as directed by the employer.

20.2 Ordinary hours of work

An employee’s ordinary hours of work will be worked:

(a) on any day of the week Monday to Friday inclusive;and

(b) between the hours of 6.00 am and 6.00 pm;or

(c) between such spread of hours as is agreed between the employer and the majority of the employees in the section of the operation concerned,

or if the employee is a shiftworker:

(d) any day of the week Monday to Friday inclusive.

20.3 Maximum 10 ordinary hour day

Unless it is agreed between the employer and the majority of the employees in the section of the operation concerned,an employee’s ordinary hours of work must not exceed 10 hours on any day.

20.4 Rosters

The employer must give an employee a roster for working their ordinary hours at least seven days in advance.

20.5 Change to rosters

(a) For the purpose of clause 20.5(b) unforeseen circumstances will mean circumstances outside the control of the employer which the employer would not ordinarily have had the opportunity to plan for in advance.

(b) If due to unforeseen circumstances the employer needs to change an employee’s roster to keep the operation operating effectively the employer may change the employee’s roster:

(i) upon giving the employee no less than notice on the previous day of any such change if the employee is a day worker;or

(ii) upon giving the employee no less than notice on the previous day of any such change if the employee is a shiftworker provided that if the employee is given less than seven days notice the employee will continue to be paid their shift penalties they would have otherwise been entitled to for the balance of the seven days even if the employee is transferred to day work.

20.6 Afternoon shifts

For the purpose of this clause afternoon shift means any shift finishing after 6.00 pm and at or before midnight. If the employee is rostered to work an afternoon shift,the employee must be paid an afternoon shift allowance of 15% extra for such shift.

20.7 Night shift

For the purpose of this clause,night shift means any shift finishing subsequent to midnight and at or before 8.00 am. If the employee is rostered to work a night shift,the employee must be paid a night shift allowance of 15% extra for such shift. Where an employee works permanent night shifts,a shift allowance of 30% extra is payable.

20.8 Saturday shifts

If an employee works a shift,part of which is between midnight on Friday and midnight on Saturday,the employee must be paid at the rate of time and a half for the first two hours and double time thereafter and such extra rate will be in substitution for and not cumulative upon the shift allowance.

20.9 Sunday shifts

If an employee works a shift,part of which is between midnight on a Saturday and midnight on a Sunday,the employee must be paid at the rate of double time and such extra rate will be in substitution for and not cumulative upon the shift allowance.

20.10 Public holiday shifts

If an employee works a shift,part of which is on a public holiday,the employee must be paid at the rate of double time and a half and such extra rate will be in substitution for and not cumulative upon the shift allowance.

20.11 Method of working the 38 hour week

The method of working the 38 hour week will be arranged by the employer fixing a roster:

(a) with one work day in the fourth week of a four week work cycle as a rostered day off on which the employee will be off work;

(b) with two half days on which the employee may be rostered off during a particular four week work cycle;

(c) for the employee to work their 38 ordinary hours each week in a fortnight,such that the employee is rostered off work for one day each fortnight;or

(d) for the employee to work less than eight ordinary hours on each day.

20.12 Rostered days off

(a) Rostered days off will be taken as a paid day off.

(b) Rostered days off on public holidays

When a rostered day off falls on a public holiday as prescribed in clause 27—Public holidays the next working day will be taken instead of the rostered day off unless an alternate day is agreed to between the employee and the employer.

(c) Rostered day off accrual

Each day of paid leave taken and any public holiday occurring during any cycle of four weeks will be regarded as a day worked for the purposes of accruing a rostered day off.

(d) Accumulation of rostered days off

Rostered days off may be:

(i) accumulated for a specific purpose (taking with annual leave etc.) and taken at a time agreed by the employee and the employer (such agreement to be made in writing);or

[20.12(d)(ii) varied by PR994473 from 01Jan10]

(ii) accumulated for no specific purpose in which case they will:

●be taken on at least 24 hours’notice on a day that does not disrupt the satisfactory operation of the operation;or

●by agreement between the employer and employee,be paid out by the employer to the employee at the rate of 7.6 ordinary hours pay per rostered day off accumulated but not taken as at 31 January each year.

21. Meal breaks

21.1 Work before break

An employee will not be required to work for more than five ordinary hours of work without a break for a meal of not less than 30 minutes which will be taken as unpaid. Provided that an employee and the employer may agree to extend the five ordinary hours before taking a break up to six hours.

21.2 Continuity of operations

Subject to clause 21.1,the time of taking a scheduled meal break may be altered by agreement between an employee and the employer or by the employer if it is necessary to maintain continuity of operations.

21.3 Staggering breaks

The employer may stagger the time of taking a meal break to meet operational requirements.

21.4 Meal breaks for shiftworkers

Despite the provisions of this clause,if the employee is a shiftworker the employee must be allowed a 30 minute paid meal break during each shift,which will be counted as time worked.

21.5 Working through a meal break

An employee who works during a meal break prescribed by this clause at the employer’s request and is unable to take a meal break as prescribed will be paid at the rate of double the ordinary rate for the time so worked during the meal break on any day Monday to Friday inclusive and at the rate of treble the ordinary rate for the time so worked on Saturdays,Sundays and public holidays.

22. Rest breaks

22.1 Daily break

An employee must be given a paid rest break of 10 minutes each day.

22.2 Staggering

The employer may stagger the time of taking a rest break to meet operational requirements.

22.3 Continuous operation

The time of taking a scheduled rest break may be altered by agreement between the employee and the employer or by the employer but only if it is necessary to maintain continuity of operations.

22.4 Shiftworkers

In the case of shiftworkers the rest break may be combined (by the employer) with the paid meal break so as to enable a 40 minute paid meal break.

23. Overtime

[Varied by PR584135]

23.1 Payment

Subject to clauses 23.3 and 23.4,for all work performed by an employee outside of and/or in excess of the employee’s ordinary hours the employee must be paid at the rate of time and a half for the first two hours and double time thereafter. Provided that,for work done on a Sunday an employee must be paid at the rate of double time with a minimum payment for four hours’work.

Such double time is to continue until the completion of the overtime worked.

23.2 Day stands alone

Except as provided in clause 23.3,in computing overtime each day’s work will stand alone.

23.3 Ten hour rest period

(a) Where overtime work is necessary it will wherever reasonably practicable be so arranged that the employee has at least 10 consecutive hours off duty between the work of successive days.

(b) Where the employee works so much overtime between the end of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not had at least 10 consecutive hours off duty between those times they will be released after completion of such overtime until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) Where,if on the instruction of the employer,the employee resumes or continues work without having had such 10 consecutive hours off duty,the employee will be paid at double their ordinary time rate of pay until they are released from duty for such period and the employee will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

23.4 Eight hour rest period for shiftworkers

The provisions of clause 23.3 will apply in the case of shiftworkers who rotate from one shift to another as if eight hours were substituted for 10 hours when overtime is worked:

(a) for the purpose of changing shift rosters;or

(b) where a shiftworker does not report for duty.

23.5 Recall and stand-by

(a) If an employee is recalled to work overtime after leaving the operation (whether notified before or after leaving) the employee must be paid for a minimum of four hours’work (whether worked or not) or where the employee has been paid for standing by the employee must be paid a minimum of three hours’pay at the appropriate rate.

(b) This clause will not apply in cases where it is customary for the employee to return to the operation to perform a specific job outside their ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

(c) Overtime worked in the circumstances set out above,will not be regarded as overtime for the purposes of clause 23.6 when the actual time worked is less than three hours on each such recall.

(d) If the employee is directed to hold themself in readiness to work after their ordinary hours the employee must be paid stand-by time,at ordinary rates of pay,until released.

23.6 Overtime breaks

If an employee is required to work overtime for two hours after the employee’s normal ceasing time the employee must be provided with a 30 minute break without loss of pay,and an additional break for each four hours thereafter,provided that overtime work continues after any such break.

23.7 Weekend overtime breaks

Where overtime is worked on a Saturday or Sunday and it continues after 12 noon,the employee must be given a paid break for a meal of 30 minutes between 12 noon and 1.00 pm,provided that the work continues after the meal break.

23.8 Weekend minimum

If an employee is required to work overtime on a Saturday or Sunday the employee must be given at least four hours’work or receive four hours’pay.

23.9 Time off instead of payment for overtime

[23.9 substituted by PR584135 ppc 22Aug16]

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 23.9.

(c) An agreement must state each of the following:

(i) the number of overtime hours to which it applies and when those hours were worked;

(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;

(iv) that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request.

Note:An example of the type of agreement required by this clause is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 23.9 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE:By making an agreement under clause 23.9 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

(e) Time off must be taken:

(i) within the period of 6 months after the overtime is worked;and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 23.9 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (e),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 23.9 as an employee record.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.

(j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 23.9 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

(k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 23.9 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 23.9.

23A. Requests for flexible working arrangements

[23A inserted by PR701460 ppc 01Dec18]

23A.1 Employee may request change in working arrangements

Clause 23A applies where an employee has made a request for a change in working arrangements under s.65 of the Act.

Note 1:Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in s.65(1A).

Note 2:An employer may only refuse a s.65 request for a change in working arrangements on ‘reasonable business grounds’(see s.65(5) and (5A)).

Note 3:Clause 23A is an addition to s.65.

23A.2 Responding to the request

Before responding to a request made under s.65,the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made;and

(c) any reasonable business grounds for refusing the request.

Note 1:The employer must give the employee a written response to an employee’s s.65 request within 21 days,stating whether the employer grants or refuses the request (s.65(4)).

Note 2:If the employer refuses the request,the written response must include details of the reasons for the refusal (s.65(6)).

23A.3 What the written response must include if the employer refuses the request

Clause 23A.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 23A.2.

(a) The written response under s.65(4) must include details of the reasons for the refusal,including the business ground or grounds for the refusal and how the ground or grounds apply.

(b) If the employer and employee could not agree on a change in working arrangements under clause 23A.2,the written response under s.65(4) must:

(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances;and

(ii) if the employer can offer the employee such changes in working arrangements,set out those changes in working arrangements.

23A.4 What the written response must include if a different change in working arrangements is agreed

If the employer and the employee reached an agreement under clause 23A.2 on a change in working arrangements that differs from that initially requested by the employee,the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

23A.5 Dispute resolution

Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 23A,can be dealt with under clause 9—Dispute resolution.

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

27. Public holidays

28. Leave to deal with Family and Domestic Violence

24. Annual leave

[Varied by PR546330,PR583052,PR588740,PR700445]

24.1 Annual leave is provided for in the NES.

[24.2 substituted by PR700445 ppc 17Sep18]

24.2 Seven day shiftworkers

In addition to the leave provided for in the NES,shiftworkers who are rostered to work regularly on Sundays and public holidays will be allowed an additional one week’s leave.

24.3 Annual leave in advance

[24.3 renamed and substituted by PR583052 ppc 29Jul16]

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

(ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

Note:An example of the type of agreement required by clause 24.3 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.

(c) The employer must keep a copy of any agreement under clause 24.3 as an employee record.

(d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.3,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

24.4 Close-down

(a) Where an employer intends temporarily to close (or reduce to nucleus) for the purpose,amongst others,of allowing annual leave to the employees concerned or a majority of them,the employer may give those employees one month’s notice in writing of an intention to apply the provisions of this clause.

(b) In the case of any employee employed after notice has been given,notice must be given to that employee on the date they are offered employment.

[24.4(c) substituted by PR546330 ppc 24Jan14]

(c) Where an employee has been given notice pursuant to clauses 24.4(a) or (b) and the employee has:

(i) accrued sufficient annual leave to cover the full period of closing,the employee must take paid annual leave for the full period of closing;

(ii) insufficient accrued annual leave to cover the full period of closing,the employee must take paid annual leave to the full amount accrued and leave without pay for the remaining period of the closing;or

(iii) no accrued annual leave,the employee must take leave without pay for the full period of closing.

[24.4(d) substituted by PR546330 ppc 24Jan14]

(d) Public holidays that fall within the period of close down will be paid as provided for in this award and will not count as a day of annual leave or leave without pay.

24.5 Excessive leave accruals:general provision

[24.5 renamed and substituted by PR588740 ppc 20Dec16]

Note:Clauses 24.5 to 24.7 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave (or 10 weeks’paid annual leave for a shiftworker,as defined by clause 24.2).

(b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 24.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 24.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

24.6 Excessive leave accruals:direction by employer that leave be taken

[New 24.6 inserted by PR588740 ppc 20Dec16]

(a) If an employer has genuinely tried to reach agreement with an employee under clause 24.5(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However,a direction by the employer under paragraph (a):

(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.5,24.6 or 24.7 or otherwise agreed by the employer and employee) are taken into account;and

(ii) must not require the employee to take any period of paid annual leave of less than one week;and

(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect.

(d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given.

Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 24.6(b)(i).

Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

24.7 Excessive leave accruals:request by employee for leave

[New 24.7 inserted by PR588740;substituted by PR588740 ppc 20Dec17]

(a) If an employee has genuinely tried to reach agreement with an employer under clause 24.5(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However,an employee may only give a notice to the employer under paragraph (a) if:

(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and

(ii) the employee has not been given a direction under clause 24.6(a) that,when any other paid annual leave arrangements (whether made under clause 24.5,24.6 or 24.7 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under paragraph (a) must not:

(i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.5,24.6 or 24.7 or otherwise agreed by the employer and employee) are taken into account;or

(ii) provide for the employee to take any period of paid annual leave of less than one week;or

(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or

(iv) be inconsistent with any leave arrangement agreed by the employer and employee.

(d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker,as defined by clause 24.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under paragraph (a).

24.8 Payment and loading

[24.6 renumbered as 24.8 by PR588740 ppc 20Dec16]

Before the start of an employee’s annual leave the employer must pay the employee:

(a) instead of the base rate of pay referred to in s.90(1) of the Act,the amount the employee would have earned for working their normal hours,exclusive of overtime or other penalties or premiums,had they not been on leave;and

(b) an additional loading of 17.5% of the employee’s minimum weekly rate prescribed in clause 14—Minimum wages. Shiftworkers receive 17.5% or their shift penalties,whichever is greater.

24.9 Electronic funds transfer (EFT) payment of annual leave

[24.7 inserted by PR583052 ppc 29Jul16;renumbered as 24.9 by PR588740 ppc 20Dec16]

Despite anything else in this clause,an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

24.10 Cashing out of annual leave

[24.8 inserted by PR583052 ppc 29Jul16;renumbered as 24.10 by PR588740 ppc 20Dec16]

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.10.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.10.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 24.10 must state:

(i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

(ii) the date on which the payment is to be made.

(e) An agreement under clause 24.10 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 24.10 as an employee record.

Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 24.10.

Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.10.

Note 3:An example of the type of agreement required by clause 24.10 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

25. Personal/carer’s leave and compassionate leave

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

26. Community service leave

Community service leave is provided for in the NES.

27. Public holidays

[Varied by PR712280]

27.1 Public holiday entitlements are provided for in the NES.

27.2 Substitution of public holidays by agreement

[27.2 substituted by PR712280 ppc 04Oct19]

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

27.3 Payment for work on a public holiday

If an employee works on any of the holidays arising from this clause or any day substituted for such holidays the employee must be paid at the rate of double time and a half of their ordinary rate of pay.

[Note inserted by PR712280 ppc 04Oct19]

NOTE:For provisions relating to part-day public holidays see Schedule E —Part-day Public Holidays.

28. Leave to deal with Family and Domestic Violence

[28 inserted by PR609375 ppc 01Aug18]

28.1 This clause applies to all employees,including casuals.

28.2 Definitions

(a) In this clause:

family and domestic violence means violent,threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.

family member means:

(i) a spouse,de facto partner,child,parent,grandparent,grandchild or sibling of the employee;or

(ii) a child,parent,grandparent,grandchild or sibling of a spouse or de facto partner of the employee;or

(iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

(b) A reference to a spouse or de facto partner in the definition of family member in clause 28.2(a) includes a former spouse or de facto partner.

28.3 Entitlement to unpaid leave

An employee is entitled to 5 days’unpaid leave to deal with family and domestic violence,as follows:

(a) the leave is available in full at the start of each 12 month period of the employee’s employment;and

(b) the leave does not accumulate from year to year;and

(c) is available in full to part-time and casual employees.

Note:1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer.

2. The employer and employee may agree that the employee may take more than 5 days’unpaid leave to deal with family and domestic violence.

28.4 Taking unpaid leave

An employee may take unpaid leave to deal with family and domestic violence if the employee:

(a) is experiencing family and domestic violence;and

(b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work.

Note:The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation),attending urgent court hearings,or accessing police services.

28.5 Service and continuity

The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee’s continuity of service.

28.6 Notice and evidence requirements

(a) Notice

An employee must give their employer notice of the taking of leave by the employee under clause 28. The notice:

(i) must be given to the employer as soon as practicable (which may be a time after the leave has started);and

(ii) must advise the employer of the period,or expected period,of the leave.

(b) Evidence

An employee who has given their employer notice of the taking of leave under clause 28 must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 28.4.

Note:Depending on the circumstances such evidence may include a document issued by the police service,a court or a family violence support service,or a statutory declaration.

28.7 Confidentiality

(a) Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause 28.6 is treated confidentially,as far as it is reasonably practicable to do so.

(b) Nothing in clause 28 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life,health or safety of the employee or another person.

Note:Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

28.8 Compliance

An employee is not entitled to take leave under clause 28 unless the employee complies with clause 28.

Schedule A—Transitional Provisions

[Varied by PR991565,PR503683]

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 PR503683 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 Descriptors

[Varied by PR991565]

B.1 Level 1

An employee without industry skills,training to be a batcher,allocator,tester or plant assistant. An employee may work at this level for up to six months.

B.2 Level 2

An employee responsible for materials handling,labouring,cleaning,casual operation of the batching plant,operation of associated plant including front end loader driver,and/or plant servicing/basic maintenance.

B.3 Level 3

B.3.1 All duties of a Level 2 employee.

B.3.2 Primary task of operating batch plant,including a plant with computerised batching requiring use of keyboard.

B.3.3 Includes employees engaged in testing of concrete in any laboratory,or as required,on any site away from the laboratory on work in or in connection with or incidental to the sampling or testing and/or sampling and testing of concrete.

B.4 Level 4

All duties of a Level 3 employee and performs batching and dispatching as the primary task.

B.5 Level 5

B.5.1 All duties of a Level 4 employee.

B.5.2 Batching plant worker in charge of a plant regularly required to perform two or more of the following functions:

●nominate starting and/or finishing times for the employees and sub-contract drivers working at,or from,the plant concerned and accept responsibility for employee’s and sub-contractors time sheets being completed correctly;

●accept responsibility for ordering raw materials and/or arranging maintenance and/or repairs to equipment from sources outside the company;

●exercise discretion as to the provisions of credit or acceptance of cheques;

●accept responsibility for ensuring availability of trucks including authorisation of truck hire;and

●approval of waiting time logs,accept responsibility and banking of monies received.

Schedule C—Supported Wage System

[Varied by PR991565,PR994473,PR998748,PR510670,PR525068,PR537893,PR542177,PR551831,PR568050,PR581528,PR592689,PR606630,PR709080]

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:

[C.2 varied by PR568050 ppc 01Jul15]

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 Social Services 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 PR994473,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630,PR709080 ppc 01Jul19]

C.4.2 Provided that the minimum amount payable must be not less than $87 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 PR542177 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 PR542177 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 PR994473,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528, PR592689,PR606630,PR709080 ppc 01Jul19]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 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—National Training Wage

[Sched D inserted by PR994473;varied by PR991565,PR997949,PR509088,PR522919,PR536722,PR545787,PR551645,PR566732,PR579827;deleted by PR593840 ppc 01Jul17]

Schedule E—Part-day Public Holidays

[Sched E inserted by PR532631 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110,PR701683 ppc 21Nov18;varied by PR712280]

This schedule operates in conjunction with award provisions dealing with public holidays.

E.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.

(b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.

(c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

(d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

(e) Excluding annualised salaried employees to whom clause E.1(f) applies,where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

(f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.

(g) An employee not rostered to work between 7.00 pm and midnight,other than an employee who has exercised their right in accordance with clause E.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.

(h) Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.

[Note inserted by PR712280 ppc 04Oct19]

E.2 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

This schedule is not intended to detract from or supplement the NES.

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR583052 ppc 29Jul16]

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR583052 ppc 29Jul16]

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule H—Agreement for Time Off Instead of Payment for Overtime

[Sched H inserted by PR584135 ppc 22Aug16]

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started:___/___/20___ ____ am/pm

Date and time overtime ended:___/___/20___ ____ am/pm

Amount of overtime worked:_______ hours and ______ minutes

The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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Code:

MA000057

Title:

Premixed Concrete Award 2020

Effective:

14 Nov 2022

Instrument Type:

Modern Award

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Premixed Concrete Award 2020

MA000057 - 17 Dec 2013

Premixed Concrete Award 2020

MA000057 - 4 Dec 2013

Premixed Concrete Award 2020

MA000057 - 13 Nov 2013

Premixed Concrete Award 2020

MA000057 - 20 Jun 2013

Premixed Concrete Award 2020

MA000057 - 21 Dec 2012

Premixed Concrete Award 2020

MA000057 - 23 Oct 2012

Premixed Concrete Award 2020

MA000057 - 19 Jun 2012

Premixed Concrete Award 2020

MA000057 - 21 Jun 2011

Premixed Concrete Award 2020

MA000057 - 6 Dec 2010

Premixed Concrete Award 2020

MA000057 - 29 Jun 2010

Premixed Concrete Award 2020

MA000057 - 21 Jun 2010

Premixed Concrete Award 2020

MA000057 - 4 Jun 2010

Premixed Concrete Award 2020

MA000057 - 16 Mar 2010

Premixed Concrete Award 2020

MA000057 - 16 Dec 2009

Premixed Concrete Award 2020

Decisions

(20)

PR598321 - Decision - 04 Dec 2017

4 Dec 2017

PR597094 - Decision - 30 Oct 2017

30 Oct 2017

PR594111 - Decision - 06 Jul 2017

6 Jul 2017

PR594269 - Decision - 05 Jul 2017

5 Jul 2017

PR593651 - Decision - 09 Jun 2017

9 Jun 2017

PR593652 - Decision - 09 Jun 2017

9 Jun 2017

PR573679 - Decision - 16 Nov 2015

16 Nov 2015

MA000057 - Decision - 26 Jun 2015

26 Jun 2015

MA000057 - Decision - 05 Mar 2015

5 Mar 2015

MA000057 - Decision - 12 Nov 2014

12 Nov 2014

MA000057 - Decision - 27 Jun 2014

27 Jun 2014

MA000057 - Decision - 24 Dec 2013

24 Dec 2013

MA000057 - Decision - 17 Dec 2013

17 Dec 2013

MA000057 - Decision - 13 Nov 2013

13 Nov 2013

MA000057 - Decision - 20 Jun 2013

20 Jun 2013

MA000057 - Decision - 07 Feb 2013

7 Feb 2013

MA000057 - Decision - 18 Jun 2012

18 Jun 2012

MA000057 - Decision - 21 Jun 2011

21 Jun 2011

MA000057 - Decision - 29 Jun 2010

29 Jun 2010

MA000057 - Decision - 04 Jun 2010

4 Jun 2010

Histories

(1)

MA000057H

2 Sep 2016

Variations

(51)

PR750524 - Variation - 10 Mar 2023

10 Mar 2023

PR750813 - Variation - 10 Mar 2023

10 Mar 2023

PR751072 - Variation - 03 Mar 2023

3 Mar 2023

PR747368 - Variation - 04 Nov 2022

4 Nov 2022

PR743431 - Variation - 08 Jul 2022

8 Jul 2022

PR740905 - Variation - 28 Jun 2022

28 Jun 2022

PR733893 - Variation - 27 Sep 2021

27 Sep 2021

PR729315 - Variation - 25 Jun 2021

25 Jun 2021

PR724332 - Variation - 06 Nov 2020

6 Nov 2020

PR719028 - Variation - 31 Oct 2020

31 Oct 2020

PR723954 - Variation - 30 Oct 2020

30 Oct 2020

PR715196 - Variation - 19 Dec 2019

19 Dec 2019

PR714167 - Variation - 25 Nov 2019

25 Nov 2019

PR712280 - Variation - 20 Sep 2019

20 Sep 2019

PR707469 - Variation - 20 Jun 2019

20 Jun 2019

PR707672 - Variation - 20 Jun 2019

20 Jun 2019

PR707013 - Variation - 18 Apr 2019

18 Apr 2019

PR704192 - Variation - 04 Feb 2019

4 Feb 2019

PR701460 - Variation - 21 Nov 2018

21 Nov 2018

PR610086 - Variation - 16 Oct 2018

16 Oct 2018

PR700445 - Variation - 17 Sep 2018

17 Sep 2018

PR609375 - Variation - 27 Jul 2018

27 Jul 2018

PR606382 - Variation - 20 Jun 2018

20 Jun 2018

PR606537 - Variation - 20 Jun 2018

20 Jun 2018

PR592155 - Variation - 21 Jun 2017

21 Jun 2017

PR592317 - Variation - 21 Jun 2017

21 Jun 2017

PR593840 - Variation - 21 Jun 2017

21 Jun 2017

PR588740 - Variation - 20 Dec 2016

20 Dec 2016

PR584135 - Variation - 22 Aug 2016

22 Aug 2016

PR583052 - Variation - 29 Jul 2016

29 Jul 2016

PR579561 - Variation - 16 Jun 2016

1 Jul 2016

PR579827 - Variation - 20 Jun 2016

1 Jul 2016

MA000057 - Variation - 18 Jun 2015

18 Jun 2015

MA000057 - Variation - 19 Jun 2014

19 Jun 2014

MA000057 - Variation - 16 Jun 2014

16 Jun 2014

MA000057 - Variation - 24 Jan 2014

24 Jan 2014

MA000057 - Variation - 30 Dec 2013

30 Dec 2013

MA000057 - Variation - 04 Dec 2013

4 Dec 2013

MA000057 - Variation - 01 Jul 2013

1 Jul 2013

MA000057 - Variation - 19 Jun 2013

19 Jun 2013

MA000057 - Variation - 23 Oct 2012

23 Oct 2012

MA000057 - Variation - 19 Jun 2012

19 Jun 2012

MA000057 - Variation - 18 Jun 2012

18 Jun 2012

MA000057 - Variation - 01 Jul 2011

1 Jul 2011

MA000057 - Variation - 20 Jun 2011

20 Jun 2011

MA000057 - Variation - 01 Jan 2011

1 Jan 2011

MA000057 - Variation - 01 Jul 2010

1 Jul 2010

MA000057 - Variation - 21 Jun 2010

21 Jun 2010

MA000057 - Variation - 16 Mar 2010

16 Mar 2010

MA000057 - Variation - 01 Jan 2010

1 Jan 2010

MA000057 - Variation - 04 Sep 2009

4 Sep 2009

Related Information

Summaries

(9)

MAG - MA000057 Premixed Concrete Award

1 Jul 2022

MAG - MA000057 Premixed Concrete Award

1 Jul 2021

MAG - MA000057 Premixed Concrete Award

1 Nov 2020

MAG - MA000057 Premixed Concrete Award

1 Jul 2019

MAG - MA000057 Premixed Concrete Award

1 Jul 2018

MAG - MA000057 Premixed Concrete Award

1 Jul 2017

MAG - MA000057 Premixed Concrete Award

1 Jul 2016

MAG - MA000057 Premixed Concrete Award

1 Jul 2015

MAG - MA000057 Premixed Concrete Award

1 Jul 2014