Table of Contents - MA000061 Part 1 - Application and OperationPart 2 - Consultation and Dispute ResolutionPart 3 - Types of Employment and Termination of EmploymentPart 4 - Minimum Wages and Related MattersPart 5 - Hours of Work and Related MattersPart 6 - Leave and Public HolidaysSchedule A - Transitional Provisions
Schedule B - Classification Structure and Descriptions
Schedule C - Supported Wage System
Schedule D - School-based Apprentices
Schedule E - National Training Wage
Gas Industry Award 2010

Gas Industry Award 2010

 

The above award was first made on 4 September 2009 [PR988772]

This consolidated version of the award includes variations made on 16 December 2009 [PR991569]; 24 December 2009 [PR992245]

NOTE: Transitional provisions may apply to certain clauses - see clause 2 and Schedule A

 

Table of Contents

[Varied by PR991569]

Part 1 - Application and Operation

1.              Title

2.              Commencement and transitional

3.              Definitions and interpretation

4.              Coverage

5.              Access to the award and the National Employment Standards

6.              The National Employment Standards and this award

7.              Award flexibility

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

9.              Dispute resolution

Part 3 - Types of Employment and Termination of Employment

10.              Types of employment

11.              Termination of employment

12.              Redundancy

Part 4 - Minimum Wages and Related Matters

13.              Classifications

14.              Minimum wages

15.              Allowances

16.              District allowances

17.              Accident pay

18.              Higher duties

19.              Payment of wages

20.              Superannuation

Part 5 - Hours of Work and Related Matters

21.              Ordinary hours of work and rostering

22.              Meal breaks

23.              Overtime and penalty rates

24.              Work on weekends and public holidays

Part 6 - Leave and Public Holidays

25.              Annual leave

26.              Personal/carer's leave and compassionate leave

27.              Community service leave

28.              Public holidays

Schedule A - Transitional Provisions

Schedule B - Classification Structure and Descriptions

Schedule C - Supported Wage System

Schedule D - School-based Apprentices

Schedule E - National Training Wage

 


Part 1 - Application and Operation

 

1.              Title

This award is the Gas Industry Award 2010.

2.              Commencement and transitional

[2 substituted by PR991569]

2.1              This award commences on 1 January 2010.

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

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

·              minimum wages and piecework rates

·              casual or part-time loadings

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

·              shift allowances/penalties.

2.4              Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation.

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

2.6              Fair Work Australia may review the transitional arrangements:

(a)              on its own initiative; or

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

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

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

3.              Definitions and interpretation

3.1              In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

availability duty means that the employee is continuously available outside normal working hours to attend an urgent or emergency situation and when paged or upon receiving a telephone call must respond immediately

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

employee means a national system employee as defined in sections 13 and 30C of the Act

employer means a national system employer as defined in sections 14 and 30D of the Act

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

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

standard rate means the minimum wage for a Level 4 employee referred to in clause 14 - Minimum wages

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

4.              Coverage

4.1              This industry award covers employers throughout Australia in the gas industry and their employees in the classifications listed in clause 13 - Classifications to the exclusion of any other modern award.

4.2              Gas industry means the transmission, distribution, wholesaling and retailing of gas to industrial, commercial and domestic consumers.

4.3              This award does not cover:

(a)              the retail, marketing and supply of gas where that activity is incidental or supplementary to the core business of an employer covered by the Electrical Power Industry Award 2010;

(b)              the industry of the manufacture, making, processing, treatment, preparation, extraction, separation and associated storage, transport, distribution, sales and marketing of industrial, medical and special gases;

(c)              the industry of the manufacture, processing, transportation, storage, distribution, marketing and sale of liquefied petroleum (LP) gas;

(d)              employers and employees covered by the Hydrocarbons Industry (Upstream) Award 2010;

(e)              employers and employees covered by the Road Transport and Distribution Award 2010; or

(f)              employees wholly or mainly engaged in professional or managerial positions.

4.4              This award does not cover an employee excluded from award coverage by the Act.

4.5              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.

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

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

5.              Access to the award and the National Employment Standards

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

6.              The National Employment Standards and this award

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

7.              Award flexibility

7.1              Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

(a)              arrangements for when work is performed;

(b)              overtime rates;

(c)              penalty rates;

(d)              allowances; and

(e)              leave loading.

7.2              The employer and the individual employee must have genuinely made the agreement without coercion or duress.

7.3              The agreement between the employer and the individual employee must:

(a)              be confined to a variation in the application of one or more of the terms listed in clause 7.1; and

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

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

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

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

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

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

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

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

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

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

7.8              The agreement may be terminated:

(a)              by the employer or the individual employee giving four weeks' notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b)              at any time, by written agreement between the employer and the individual employee.

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

Part 2 - Consultation and Dispute Resolution

 

8.              Consultation regarding major workplace change

8.1              Employer to notify

(a)              Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.

(b)              Significant effects include termination of employment; major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

8.2              Employer to discuss change

(a)              The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(b)              The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1.

(c)              For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer's interests.

9.              Dispute resolution

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

9.2              If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to Fair Work Australia.

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

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

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

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

Part 3 - Types of Employment and Termination of Employment

 

10.              Types of employment

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

(a)              full-time;

(b)              part-time; or

(c)              casual.

10.2              At the time of engagement an employer will inform each employee in writing of the terms of engagement and in particular whether they are to be full-time, part-time or casual.

10.3              Full-time employee

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

10.4              Part-time employee

A part-time employee is an employee who:

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

(b)              has reasonably predictable hours of work; and

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

10.5              A part-time employee must be engaged for a minimum of four consecutive hours on any shift.

10.6              Casual employee

(a)              A casual employee is one engaged by the hour and paid as such.

(b)              A casual employee will be paid an hourly rate of 1/38th of the minimum weekly rate prescribed for the relevant classification, plus a loading of 25%.

11.              Termination of employment

11.1              Notice of termination is provided for in the NES.

11.2              Notice of termination by an employee

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

11.3              Job search entitlement

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

12.              Redundancy

12.1              Redundancy pay is provided for in the NES.

12.2              Transfer to lower paid duties

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

12.3              Employee leaving during notice period

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

12.4              Job search entitlement

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

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

(c)              This entitlement applies instead of clause 11.3.

12.5              Transitional provisions

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

(i)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and

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

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

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

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

Part 4 - Minimum Wages and Related Matters

 

13.              Classifications

[Sched A renumbered as Sched B by PR991569]

The classification structure is contained in Schedule B - Classification Structure and Descriptions.

14.              Minimum wages

[Varied by PR991569]

14.1              Adult employees

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

Gas industry employee level

Minimum weekly rate

$

Level 1

565.40

Level 2

588.00

Level 3

611.55

Level 4

637.60

Level 5

685.00

Level 6

735.00

Level 7

769.00

Level 8

805.00

14.2              Apprentices

Apprentices will be entitled to the percentage of the applicable adult weekly rate (in the case of part-time or casual employees the hourly rate) for their classification as set out in the table below:

Year of apprenticeship

% of adult rate

1st year

45

2nd year

55

3rd year

75

4th year

88

14.3              Supported wage system

[Sched B renumbered as Sched C by PR991569]

See Schedule C

14.4              School-based apprentices

[Sched C renumbered as Sched D by PR991569]

See Schedule D

14.5              National training wage

[Sched D renumbered as Sched E by PR991569]

See Schedule E

15.              Allowances

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

(a)              First aid allowance

Where an employee holds a current first aid certificate and is appointed by the employer as a first aid attendant they must be paid an allowance of 2% of the standard rate each week.

15.2              Expense related and reimbursement allowance

(a)              Meal allowance

(i)              Where the employee is required to work two hours or more of overtime, a meal allowance of $12.80 will be paid.

(ii)              Where the employee is required to work overtime on Saturday, Sunday or a public holiday and such overtime is worked in excess of four hours a meal will be provided or a payment will be made of $12.80.

(iii)              Where overtime continues all additional meals will be provided or an additional payment will be made of $12.80 for each additional consecutive four hours worked.

(b)              Protective clothing

Where it is necessary that an employee wear protective clothing the employer must reimburse the employee the cost of purchasing such clothing. The provisions of this clause do not apply where the protective clothing is supplied to the employee at the employer's expense.

15.3              Adjustment of expense related allowances

(a)              At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

(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

16.              District allowances

16.1              Northern Territory

An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

(a)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and

(b)              that would have entitled the employee to payment of a district allowance.

16.2              Western Australia

An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a notional agreement preserving a State award or an award made under the Workplace Relations Act 1996 (Cth):

(a)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and

(b)              that would have entitled the employee to payment of a district allowance.

16.3              This clause ceases to operate on 31 December 2014.

17.              Accident pay

17.1              Subject to clause 17.2, an employee is entitled to accident pay in accordance with the terms of:

(a)              a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and

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

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

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

17.4              This clause ceases to operate on 31 December 2014.

18.              Higher duties

An employee required by the employer to continuously perform the duties of a position at a higher classification level for one day or more must, for the time so worked, be paid at the rate appropriate to that higher level.

19.              Payment of wages

19.1              Wages must be paid either weekly or fortnightly.

19.2              At the option of the employer, the method of payment may be by cash, electronic funds transfer or cheque drawn on an account with a local bank.

20.              Superannuation

[Varied by PR992245]

20.1              Superannuation legislation

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

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

20.2              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.

20.3              Voluntary employee contributions

(a)              Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 20.2.

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

(c)              The employer must pay the amount authorised under clauses 20.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or (b) was made.

20.4              Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b) to one of the following superannuation funds:

(a)              AustralianSuper; or

(b)              Sunsuper; or

[20.4(c) inserted by PR992245]

(c)              TWUSUPER; or

[20.4(c) renumbered as 20.4(d) by PR992245]

(d)              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.

Part 5 - Hours of Work and Related Matters

 

21.              Ordinary hours of work and rostering

21.1              Weekly hours

(a)              The ordinary hours of work will be an average of 38 hours per week.

(b)              The ordinary hours of work will be worked within a spread of hours between 7.00 am to 6.00 pm Monday to Friday inclusive.

21.2              Operating times

The spread of hours, hours per week, the usual daily commencing and finishing times of ordinary hours of work and days upon which ordinary hours of work may be worked, including Saturdays and Sundays, may be altered by agreement between the employer and the majority of employees in the work section or sections concerned.

21.3              Definitions for the purpose of this clause

(a)              Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.

(b)              Continuous work means work carried on with consecutive shifts of people throughout the 24 hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

(c)              Night shift means any specified or rostered shift finishing after midnight and at or before 8.00 am.

(d)              Rostered shift means a shift of which the employee concerned has had at least 48 hours' notice.

21.4              Hours - continuous shiftworker

(a)              This subclause will apply to shiftworkers on continuous work. The ordinary hours of shiftworkers will be an average of 38 per week and must not exceed 152 hours in 28 consecutive days.

(b)              Where the employer and the majority of employees agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds eight consecutive days.

(c)              Subject to clause 21.4(d), such shiftworkers will work at such times as the employer may require.

(d)              By agreement between the employer and the majority of employees in the work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

(i)              proper health and monitoring procedures being introduced;

(ii)              suitable roster arrangements being made; and

(iii)              proper supervision being provided.

21.5              Hours - non-continuous shiftworker

(a)              This subclause will apply to shiftworkers not on continuous work. The ordinary hours of such shiftworkers must not exceed:

(i)              38 hours within a period not exceeding seven consecutive days;

(ii)              76 hours within a period not exceeding 14 consecutive days;

(iii)              114 hours within a period not exceeding 21 consecutive days; or

(iv)              152 hours within a period not exceeding 28 consecutive days.

(b)              The ordinary hours must be worked continuously, except for meal breaks. An employee must not be required to work for more than five hours without a break for a meal.

(c)              By agreement between the employer and the majority of employees in the work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

(i)              proper health and monitoring procedures being introduced;

(ii)              suitable roster arrangements being made; and

(iii)              proper supervision being provided.

(d)              The time of commencing and finishing shifts, once having been determined, may be varied by agreement between the employer and the majority of employees concerned to suit the circumstances of business.

21.6              Shiftwork allowances

(a)              A shiftworker on afternoon shift must be paid a loading of 15% on the ordinary hourly rate.

(b)              A shiftworker on night shift must be paid a loading of 30% on the ordinary hourly rate.

22.              Meal breaks

22.1              A meal break of at least 30 minutes must be allowed to employees within five hours of the start of their shift.

22.2              Employees required to work for more than five hours without a suitable interval for a meal as provided for in clause 22.1 must for all time worked in excess of the five hours before being allowed such interval be paid at double time.

22.3              Employees required to continue or resume work during the meal break, must for the time of continuance or resumption until the full meal break is given, be paid at time and a half.

23.              Overtime and penalty rates

23.1              Overtime rates not cumulative

If more than one of the following provisions apply to an employee, payment is only to be made under the provision which prescribes the higher rate.

23.2              Time off instead of overtime payment

By agreement between the employer and an employee, time off, on an hour of actual work for an hour of time off basis, may be granted instead of payment. The right to choose to accept time off instead of payment for overtime is at the option of the employee.

23.3              Work in excess of ordinary hours - overtime

Any hours worked on any one day in excess of the number of ordinary hours of work for that day must be paid at the rate of time and a half for the first two hours and double time thereafter.

23.4              Early start

Where an employee is required to commence work two and a half hours or less before normal starting time on an ordinary working day, it will be regarded as an early start, and the employee will be required to remain at work until normal finishing time. The period of work up to the normal starting time must be paid for at time and a half for the first two hours and at double time thereafter.

23.5              Transport

When employees are on overtime duty which terminates at an hour when a reasonable means of transport to their place of residence is not available, the employer must provide and pay for suitable transport.

23.6              Ten hour break

An employee will be entitled to a break of 10 hours between finishing overtime and reporting again for duty. They will not incur a reduction in payment for ordinary hours of work in this time. When directed to resume work before such a break is taken, the employee must be paid at the rate of double time for time subsequently worked until a break of at least 10 hours has been taken.

24.              Work on weekends and public holidays

24.1              Saturdays

All ordinary hours worked on a Saturday must be paid at time and a half for such work with a minimum payment for four hours work.

24.2              Sundays

Any hours worked on a Sunday must be paid at double time for such work, with a minimum payment for four hours work. Payment at double time must continue to apply to all continuous work commencing on a Sunday but finishing on the following day, provided the following day is not a public holiday.

24.3              Public holidays

Any hours worked on a public holiday must be paid at the rate of double time and a half for such work, with a minimum payment for four hours work. Payment at double time and a half must continue to apply to all continuous work commencing on a public holiday but finishing on the following day.

Part 6 - Leave and Public Holidays

 

25.              Annual leave

25.1              Annual leave is provided for in Division 6 of the NES. For the purpose of the additional week of annual leave, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays. Annual leave does not apply to casual employees.

25.2              By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. Provided that if leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination.

25.3              Taking of annual leave during shut-down

(a)              Where an employer intends temporarily to close (or reduce to nucleus) the place of employment or a section of it for the purpose, amongst others, of allowing annual leave to the employees concerned or a majority of them, the employer must give those employees one month's notice in writing of an intention to apply the provisions of this clause. In the case of any employee engaged after notice has been given, notice must be given to that employee on the date of their engagement.

(b)              Any employee who has accrued annual leave at the date of closing must:

(i)              be given annual leave commencing from the date of closing; and

(ii)              be paid 1/12th of their ordinary pay for any period of employment between accrual of the employee's right to annual leave and the date of closing.

(c)              Any employee who has no accrued annual leave at the date of closing must:

(i)              be given leave without pay commencing from the date of closing; and

(ii)              be paid for any public holiday during such leave for which the employee is entitled to payment.

25.4              Annual leave is to be taken within 18 months of the entitlement accruing. For the purpose of ensuring accrued annual leave is taken within that period, and in the absence of agreement as provided for in the NES, an employer may require an employee to take a period of annual leave from a particular date provided the employee is given at least 28 days' notice.

25.5              An employee taking annual leave must be paid a sum equal to the greater of:

(a)              17.5% of their ordinary weekly rate including appropriate allowances (excluding shift penalties and weekend penalty payments); or

(b)              shift allowance and/or Saturday or Sunday penalty rates according to the employee's roster or projected roster.

25.6              Upon termination of employment, an employee will be entitled to payment instead of any untaken leave and for pro rata leave accrued in the current leave year. The annual leave loading will apply to all of this payment.

26.              Personal/carer's leave and compassionate leave

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

27.              Community service leave

Community service leave is provided for in the NES.

28.              Public holidays

Public holidays are provided for in the NES.

 

Schedule A - Transitional Provisions

 

[Sched A inserted by PR991569]

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.

Schedule B - Classification Structure and Descriptions

 

[Sched A renumbered as Sched B by PR991569]

This schedule provides guidelines for the positions covered at the various levels contained in this award.

The appointment of an employee to a position will be dependent upon the person being capable of performing the functions at that level in a competent manner and being required by the employer to perform work at that level.

This requires that the person is not only qualified for the position, but has sufficient experience and level of skills to meet the standards of proficiency necessary to undertake the duties of the position with minimal supervision.

It is understood that entry levels will be provided with training, whether on-the-job, inhouse, or by external providers, sufficient to achieve a standard of performance which is deemed to be that of a competent employee for that level, within a period of a few months.

All roles that require an employee to travel to various locations to undertake the employee's duties, the employee must hold a current and relevant drivers licence.

B.1              Gas industry employee - Level 1

B.1.1              Role

An employee of this level works under close direction and undertakes routine activities which require the practical application of basic skills and techniques.

B.1.2              General features

Employees are expected to demonstrate responsibility and accountability for the tasks they are directed to perform whilst working within established routines, methods and procedures. With experience, employees may have sufficient freedom to exercise judgment in the planning of their own work within those confines.

B.1.3              Knowledge

This level is basic entry and the applicant would be expected to have sufficient communication skills to understand instructions, and relay information clearly. Most tasks can be learned fairly quickly because of the routine, simple, or repetitious nature of the work.

B.1.4              Positions included in this level include:

(a)              Basic administration grade 1

An employee at this level will be required to perform basic administration duties including reception duties. Basic computer skills are required.

(b)              General hand/General hand pipelines

An employee at this level will be required to work within established routines, methods and procedures within the gas transmission and distribution sector.

(c)              Plant maintenance employee grade 1

An employee at this level will be required to work within established routines, methods and procedures, operating residential type gardening equipment.

B.2              Gas industry employee - Level 2

B.2.1              Role

An employee of this level works under regular direction within clearly defined guidelines and undertakes a range of routine technical/administrative activities requiring the application and continuing development of acquired skills and knowledge.

B.2.2              General features

Employees are expected to demonstrate responsibility and accountability for planning and organising their own work which is performed within established routines, methods and procedures. They will be required to manage their own time and possibly resolve minor work procedural issues in their relevant work area within established constraints. Work is checked on completion.

B.2.3              Knowledge

Entry at this level would require completion of some form of formal education which is equivalent to junior certificate level at high school supplemented by some work experience in a relevant field.

Tasks require knowledge of established work practices, procedures, policies, and regulations relevant to the work area.

B.2.4              Positions included in this level include:

(a)              Basic administration grade 2

An employee at this level will be required to perform basic administration duties. General computer Skills are required.

(b)              Meter reader

An employee must be competent to proficiently perform the procedures in relation to reading meters.

(c)              Meter repairer grade 1

An employee must be competent to proficiently perform techniques and procedures to dismantle and rebuild simple gas meters. The employee will be required to use relevant testing equipment for the calibration of repaired gas meters.

(d)              Plant maintenance employee grade 2

The employee must be competent to proficiently perform basic maintenance tasks and demonstrate the ability to organise resources.

(e)              Storekeeper

An employee at this level will be required to work within established routines, methods and procedures, involved in the warehouse operations.

(f)              Mains layer assistant

An employee at this level will be required to work within established routines, methods and procedures, involved in the laying of mains.

B.3              Gas industry employee - Level 3

B.3.1              Role

Employees of this level carry out moderately routine work using a more extensive range of appropriate skills and knowledge and receive direction in the application and further development of skills and knowledge appropriate to the work. Procedures, methods and guidelines are well established.

B.3.2              General features

Employees perform tasks or activities of increasing complexity using knowledge, judgment and work organisational skills. They are expected to demonstrate responsibility and accountability for their own work with assistance being available from supervisors. Employees may receive guidance on the broader aspects of their work and may assist other employees and tradespeople with direction and technical knowledge.

Employees are required to plan their own work and may be required to assist in coordinating a small work team, undertake some complex operational work and may be involved in planning and co-ordination of activities within the work area. Employees will assist in on-the-job training as is required.

B.3.3              Knowledge

Entry at this level would assume some work experience after completing formal education to junior high school or an equivalent level of competence obtained through a structured training or a demonstrated competency of suitable skills gained through work experience.

Tasks require a working knowledge of work practices, gas industry codes and regulations relevant to the work area

B.3.4              Positions included in this level are:

(a)              Administration grade 3

An employee at this level will be required to perform administration duties including the intermediate knowledge of computer applications.

(b)              Overdue account collector

The employee must be competent in the reading of all types of gas meters, and in the collection of outstanding payment from customers.

(c)              Plant maintenance employee grade 3 (leak survey technician)

The employee must be competent in the principles of gas metering, pressure regulation, reading, adjustment, and routine servicing of these instruments. Employees must be able to locate gas leakages and the care maintenance of the instruments used for this task.

(d)              Meter repairer grade 2

The employee must be able to service and repair of large gas meters used for industry and gas pressure controlling regulators.

B.4              Gas industry employee - Level 4

B.4.1              Role

Employees work under general direction in functions that require the application and further development of skills and knowledge appropriate to the work. Guidelines and work practices are generally established.

B.4.2              General features

Under broad instruction employees perform activities or functions involving the application of knowledge and skills gained through a structured course and previous experience. Employees will be expected to contribute specialist knowledge on projects in their appropriate work related areas. There is scope for initiative in the application of established work practices. Work roles may involve a range of functions which could contain a limited component of supervision. At this level employees may either broaden their skill base or further develop a skill specialisation. Assistance is readily available for specific problems.

B.4.3              Knowledge

Entry to this level will assume trade qualifications or equivalent received through structured training. Tasks require knowledge of statutory requirements relevant to the work area, and the application of good customer service techniques. Employees are expected to continue to enhance their knowledge and skill base through appropriate structured training.

B.4.4              Positions included in this level are:

(a)              Administration grade 4

An employee at this level will be required to perform non routine administration duties including the intermediate knowledge of computer applications.

(b)              Main layer grade 1

The employee must hold the relevant licences/trade qualification (Cert III), and experience to lay mains.

(c)              Serviceperson grade 1

The employee must hold the relevant gas licences/trade qualification (Cert III), and experience in order to successfully service gas infrastructure.

B.5              Gas industry employee - Level 5

B.5.1              Role

Employees receive general direction from departmental managers and adhere to established work practices however they may be required to exercise initiative and judgment where practices and direction are not clearly defined. Employees working at this level will have highly developed skills in either an extended skill base or in a field of specialisation.

B.5.2              General features

Employees are involved in establishing work programmes. Work roles may include a range of activities or functions and involve the employee in internal and external liaison and communication activities. The employee will have responsibility and accountability for the every day operation of the function and scope to exercise initiative in the application of established work procedures. Work may also involve specialist knowledge in a more limited number of functions or disciplines. Employees may be required to provide advice and assistance to others in their work group or affiliated department.

B.5.3              Knowledge

Entry to this level will assume post trade training and experience in excess of the requirements of level IV or an equivalent level of competence obtained through structured training.

Tasks require extensive knowledge of policies, practices, industry codes, and regulations gained through qualifications and experience. Employees are expected to continue to enhance their knowledge and skill base through appropriate additional structured training.

B.5.4              Positions included in this level include:

(a)              Administration grade 5

An employee at this level will be required to perform a wide range of non routine administration, financial, logistical and associated duties including the advanced knowledge of computer skills/applications.

(b)              Main layer grade 2

The employee must hold the relevant licence/trade qualification, and extensive experience to lay mains.

(c)              Serviceperson grade 2

The employee will hold the relevant gas and electrical licence/trade qualification, and experience in order to successfully service infrastructure.

(d)              Plant maintenance employee grade 4

The employee must be competent and qualified in the principles of mechanical engineering or similar trade qualification. These employees will have extensive experience with gas metering, pressure regulation, and in the reading, adjustment, and extensive servicing of these instruments.

B.6              Gas industry employee - Level 6

B.6.1              Role

Employees work under limited direction and undertake a range of functions for which operational policies, work practices and guidelines have been developed.

B.6.2              General features

Employees will apply specialist knowledge based on their qualifications, previous training and experience in areas relevant to their discipline.

Work roles will require responsibility for decision making in the particular work area and the provision of credible advice. Employees may exercise limited supervisory responsibility for large work projects, work independently as specialists or may be a senior member of a project team.

B.6.3              Knowledge

Tasks require detailed knowledge of activities and work practices relevant to the work area and a strong knowledge of organisation structure and functions.

The employee will be well trained in the systems relevant to the position and perform a wide range non routine administration, financial, logistical and associated duties including the advanced knowledge of computer skills/applications. The employee will have obtained qualifications through TAFE or equivalent.

B.6.4              Positions included in this level are:

Administration grade 6 (team leader).

B.7              Gas industry employee - Level 7

B.7.1              Role

Employees enter this band after considerable relevant experience subsequent to leaving school. Under broad direction they undertake work which is either specialised, skill based or utilises extended skill based abilities in positions demanding the exercise of independence.

B.7.2              General features

Employees are required to demonstrate proficiency in the application of theoretical or applied approaches and have accountability for their own work as defined. They will liaise with other departments in providing credible technical or administrative support. Work roles will demand responsibility for decision making and may involve basic diagnostic activities in problem solving and trouble shooting.

B.7.3              Knowledge

Entry to this level assumes trade and post trade qualifications or equivalent and experience in excess of the relevant requirements for levels IV, V and VI.

Tasks require detailed knowledge of work practices relevant to the work area and a sound knowledge of equipment, machines and tools utilised in the relevant role.

B.7.4              Positions included in the level are:

(a)              Administration grade 7 (team leader)

The employee will be well trained in the systems relevant to the position. The employee will be responsible for the supervision of a team. The employee will have obtained qualifications through TAFE or equivalent.

(b)              Gas installer grade 1

The employee will be required to have completed advanced modules in the relevant trade stream after completing a trade certificate.

(c)              Main layer grade 3

The employee will be required to have completed advanced modules in the relevant trade stream after completing a trade certificate.

(d)              Plant maintenance employee grade 5

The employee will be required to have completed advanced modules in the relevant trade stream after completing a trade certificate.

B.8              Gas industry employee - Level 8

B.8.1              Role

Employees entering this band will be a competent and experienced employee. They undertake work which is either specialised or skill based. They may be required to exercise initiative and judgment where practices are not clearly defined.

B.8.2              General features

Work roles may include a range of activities or functions and may require the supervision of a team. There will be a need to apply specialist knowledge based on qualifications, previous training and experience in areas relevant to their discipline.

B.8.3              Knowledge

Entry to this level would assume qualifications in excess of those required for level VII together with supervisory responsibilities.

Tasks require detailed knowledge of activities and work practices.

B.8.4              Positions included in this level are:

(a)              Main layer grade 3 (team leader)

The employee must hold the relevant licences/trade qualification, and extensive experience to lay mains. The employee will be required to assign work and supervise other employees.

(b)              Plant maintenance employee grade 5 (team leader)

These employees must have extensive experience with gas metering and pressure regulation. The employee will be required to assign work and supervise other employees.

(c)              Gas installer supervisor

The employee will be required to have completed advanced modules in the relevant trade stream after completing a trade certificate. The employee will be required to assign work and supervise other employees.

(d)              Service person supervisor

The employee must hold the relevant gas and electrical licence/trade qualification, and experience in order to successfully service infrastructure. The employee will be required to assign work and supervise other employees.

Schedule C - Supported Wage System

 

[Sched B renumbered as Sched C by PR991569]

C.1              This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

C.2              In this schedule:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system

assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme

relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au

SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee's productive capacity and agreed wage rate

C.3              Eligibility criteria

C.3.1              Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

C.3.2              This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

C.4              Supported wage rates

C.4.1              Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause C.5)

%

Relevant minimum wage

%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

C.4.2              Provided that the minimum amount payable must be not less than $69 per week.

C.4.3              Where an employee's assessed capacity is 10%, they must receive a high degree of assistance and support.

C.5              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              All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with Fair Work Australia.

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 Fair Work Australia to the union by certified mail and the agreement will take effect unless an objection is notified to Fair Work Australia within 10 working days.

C.7              Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

C.8              Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

C.9              Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

C.10              Trial period

C.10.1              In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

C.10.2              During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

C.10.3              The minimum amount payable to the employee during the trial period must be no less than $69 per week.

C.10.4              Work trials should include induction or training as appropriate to the job being trialled.

C.10.5              Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause C.5.

Schedule D - School-based Apprentices

 

[Sched C renumbered as Sched D by PR991569]

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

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

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

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

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

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

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

D.8              School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice.

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

D.10              If an apprentice converts from school-based to full-time, all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

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

Schedule E - National Training Wage

 

[Sched D renumbered as Sched E by PR991569]

About this document
(1)
Code:
MA000061
Title:
Gas Industry Award 2020
Effective:
1 Jul 2021
Instrument Type:
Modern Award
(46)
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
Gas Industry Award 2020
(20)
(1)
2 Sep 2016
(46)
1.0.11.0 SA