Surveying Award 2010

The above award was first made on 4 September 2009 [PR988778]

This consolidated version of the award includes variations made on 16 December 2009 [PR991574]

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

Table of Contents

[Varied by PR991574]

Part 1—Application and Operation 3

1. Title 3

2. Commencement and transitional 3

3. Definitions and interpretation 4

4. Coverage 4

5. Access to the award and the National Employment Standards 5

6. The National Employment Standards and this award 5

7. Award flexibility 5

8. Facilitative provisions 7

Part 2—Consultation and Dispute Resolution 8

9. Consultation regarding major workplace change 8

10. Dispute resolution 9

Part 3—Types of Employment and Termination of Employment 9

11. Types of employment 9

12. Termination of employment 11

13. Redundancy 11

Part 4—Minimum Wages and Related Matters 12

14. Classifications 12

15. Minimum wages 13

16. Allowances 14

17. District allowances 16

18. Payment of wages 16

19. Accident pay 17

20. Superannuation 17

Part 5—Hours of Work and Related Matters 18

21. Ordinary hours of work and rostering 18

22. Breaks 19

23. Overtime and penalty rates 20

Part 6—Leave and Public Holidays 21

24. Annual leave 21

25. Personal/carer’s leave and compassionate leave 21

26. Community service leave 21

27. Public holidays 22

Schedule A—Transitional Provisions 23

Schedule B—Classification Structure and Definitions 28

Schedule C—Supported Wage System 39

Schedule D—School-based Apprentices 42

Part 1—Application and Operation

1. Title

This award is the Surveying Award 2010.

2. Commencement and transitional

[2 substituted by PR991574]

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)

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)

Graduate surveyor means a person who has successfully completed a course of studies approved by the Surveyors Board or the Institute of Surveyors Australia who is entitled to enter a training agreement with a Licensed surveyor

Licensed surveyor means an employee qualified to carry out professional surveying duties as defined and who is registered in accordance with the provisions of the relevant legislation

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

professional surveying duties means duties carried out by a person in a particular employment the adequate discharge of any portion of which duties requires qualifications of the employee acceptable to the Institute of Surveyors, Australia for admission to the grade of Associate member

Professional surveyor means an employee qualified to carry out professional surveying duties as above defined. The term Professional surveyor will embrace and include Graduate surveyor or Licensed surveyor as defined.

union means The Association of Professional Engineers, Scientists and Managers Australia (APESMA)

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

4. Coverage

[Sched A renumbered as Sched B by PR991574]

4.1 This industry award covers employers throughout Australia who employ professional surveyors and other employees in the classifications listed in Schedule B—Classification Structure and Definitions and their employees to the exclusion of any other modern award.

4.2 The award does not cover employees of a local government covered by another award.

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

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

4.5 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.

8. Facilitative provisions

8.1 Agreement to vary award provisions

(a) This award contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in clauses 8.2(a) and 8.3(a).

(b) The specific award provisions establish both the standard award conditions and the framework within which agreement can be reached as to how the particular provisions would be applied in practice.

(c) Facilitative provisions are not a device to avoid award obligations, nor should they result in unfairness to an employee or employees covered by this award.

8.2 Facilitation by individual agreement

(a) The following facilitative provisions can be utilised upon agreement between an employer and an employee provided that the agreement complies with clause 8.2(b):

(b) The agreement reached must be kept by the employer as a time and wages record.

8.3 Facilitation by majority agreement

(a) The following facilitative provisions can be utilised only upon agreement between the employer and the majority of employees in the workplace or section or sections of it, provided the requirements of 8.2(b), 8.3(b) and 8.3(c) have been met.

(b) Where agreement has been reached with the majority of employees in the workplace, or a section or sections of it, to implement a facilitative provision in clause 8.3(a), that agreement is binding on all such employees.

(c) If there are employees of the enterprise covered by this award who are members of the union, the employer must inform the union of the intention to use the facilitative provision and the union must be given a reasonable opportunity to participate in negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

(d) A vote of employees in the workplace, a section or sections of it, taken in accordance with this subclause, to determine if there is a majority employee support for implementation of a facilitative provision, will be of no effect unless taken with the agreement of the employer.

Part 2—Consultation and Dispute Resolution

9. Consultation regarding major workplace change

9.1 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.

9.2 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 9.1, 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 9.1.

(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.

10. Dispute resolution

10.1 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.

10.2 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 10.1 have been taken, a party to the dispute may refer the dispute to Fair Work Australia.

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

10.4 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.

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

10.6 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

11. Types of employment

11.1 Employment categories

(a) Employees under this award are to be employed in one of the following categories:

(i) full-time;

(ii) part-time; or

(iii) casual

(b) At the time of engagement the employer must inform each employee in writing of the terms of their engagement and classification.

11.2 Casual employment

(a) A casual employee means an employee specifically engaged as such.

(b) A casual employee will be paid per hour 1/38th of the weekly rate prescribed in this award for the work performed. In addition a casual employee will receive a 25% loading instead of annual leave, sick leave, carer’s leave, bereavement leave and public holidays.

11.3 Part-time employment

(a) A part-time employee is an employee engaged specifically to regularly work less hours per day or week than a full-time employee on such specified days and hours as agreed in writing at the commencement of engagement. Such specified days and hours cannot be altered without mutual agreement between the employer and employee and any variation must be recorded in writing.

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

(c) Part-time employees are to be paid per hour 1/38th of the weekly rate prescribed for the work performed.

(d) The terms of this award will apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

(e) The rates for overtime, Sunday and public holiday work apply respectively for time worked in excess of the specified hours in accordance with clause 11.3(a)

(f) An employee whose employment is terminated while working:

• part-time after converting from full-time; or
• full-time after converting or reverting from part-time;

is entitled to all termination payments under this award at the full-time rate of pay applying to their work.

(g) Length of service for the purposes of all termination payments under this award are calculated on the basis of the total of:

• all periods of full-time employment; and
• all periods of part-time employment being converted to the pro rata full-time equivalent.

11.4 Full-time employment

Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.

11.5 Professional development

(a) It is understood and accepted that it is the responsibility of the employees to keep themselves informed of developments in their profession, and to develop their professional knowledge and ability and that it is appropriate for employees to be encouraged to undertake self-development programs.

(b) Where, the employee and the employer agree that an activity be undertaken by the employee as a component of a structured training program or otherwise, the employer will meet all costs associated with the training.

12. Termination of employment

12.1 Notice of termination is provided for in the NES.

12.2 Notice of termination by an employee

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

12.3 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.

13. Redundancy

13.1 Redundancy pay is provided for in the NES.

13.2 Transitional provisions

(a) Subject to clause 13.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a 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 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 13.2 ceases to operate on 31 December 2014.

13.3 Transfer to lower paid duties

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

13.4 Employee leaving during notice period

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

13.5 Job search entitlement

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

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

(c) This entitlement applies instead of clause 12.3.

Part 4—Minimum Wages and Related Matters

14. Classifications

[Sched A renumbered as Sched B by PR991574]

The classification structure and definitions for employees covered by this award are set out in Schedule B—Classification Structure and Definitions.

14.1 Disclosure of qualifications

An employee who is employed in, or who is an applicant for employment covered by this award, will if and when required to do so by their employer or an employer to whom they have applied for employment, produce to their employer or prospective employer written evidence that they possess or have acquired the qualifications necessary for the classification applied for.

15. Minimum wages

15.1 Wages

[Sched A renumbered as Sched B by PR991574]

(a) The classification structure listed below is to be read in conjunction with Schedule B—Classification Structure and Definitions.

15.2 Junior rates

The weekly rate for juniors is the appropriate percentage of the Level 10 rate in accordance with clause 15.1, as follows:

15.3 Employees who possess relevant technical qualifications on commencement of employment under this award are paid in accordance with clause 15.5.

15.4 Professional surveyors/Licensed surveyors receive incremental advancement in accordance with clause B.1.15(b).

15.5 Phasing in of wage rate of employees without relevant work experience.

An employee who possesses the appropriate level of academic qualifications and who otherwise meets the requirements of the relevant classification but who is without prior experience in the industry or other relevant work experience, is to be paid in accordance with the following formula:

16. Allowances

16.1 Meal allowance

An employee required to work on a Sunday or public holiday for more than four hours must either be supplied with a meal by the employer or paid $9.60 for the meal taken during the first and/or subsequent rest break.

16.2 Fares

(a) If an employee is directed to work at a place other than their usual place of employment, all reasonable fares necessarily incurred by them each day in excess of the normal fares of travelling from their home to their usual place of employment and return must be paid by the employer.

(b) If an employee is directed to work at a place other than their usual place of employment the fare which is payable under this clause must be such as to enable them to travel economy class, where available.

16.3 Air travel

Air travel will be economy class. In the case of economy air travel the allowance prescribed in clause 16.1 must be paid for each meal period occurring during the duration of the travel, provided the employee did not receive a meal in flight for each period concerned.

16.4 Travelling time payment

Where an employee is directed to work at a place other than their usual place of employment, all time occupied by them on any day in travelling which is in excess of the time normally occupied in travelling when working at their usual place of employment is deemed to be working time. Provided that where the excess travelling time is in excess of one hour each way, the employer has the option, subject to mutual agreement between the employer and employee concerned, of providing reasonable living away from home expenses for any period in excess of four weeks.

16.5 Living away from home allowance

An employee required by their employer to work temporarily away from their usual place of employment and, as a result, is required to sleep away from their usual place of residence is entitled to the following:

(a) fares to and from the place at which their employer requires the employee to work;

(b) all reasonable expenses including board and lodging; and

(c) payment at ordinary rates of pay for all time spent in travelling between the employee’s usual place of employment and the temporary location, such paid time not to exceed 7.6 hours in 24 hours.

16.6 Vehicle allowance

In cases where it is mutually agreed that an employee will be required to use their private vehicle during the course of employer’s business, an employee must be paid reasonable compensation, but in no case will they receive payment at a rate less than the equivalent of $0.74 cents per kilometre so travelled.

16.7 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:

17. District allowances

17.1 Northern Territory

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

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

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

17.2 Western Australia

An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a 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 Workplace Relations Act 1996 (Cth) had applied to the employee; and

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

17.3 This clause ceases to operate on 31 December 2014.

18. Payment of wages

18.1 Wages will be paid weekly or fortnightly at the discretion of the employer or monthly by mutual agreement between the employee and the employer.

18.2 Wages will be paid by mutual agreement between the employee and the employer either in cash, by cheque or by electronic funds transfer into an account nominated by the employee.

18.3 Payment of wages either by cash or by cheque must be made during working hours.

18.4 Where it is known that the employee will be absent from their normal workplace on pay day, the employer must make arrangements for the payment of wages no later than the normal pay day.

18.5 Where an employee is required to work at a location other than their normal place of employment for an extended period, the employer must make prior arrangement for the payment of wages to such employee no later than the normal pay day.

19. Accident pay

19.1 Subject to clause 19.2, 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.

19.2 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.

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

19.4 This clause ceases to operate on 31 December 2014.

20. Superannuation

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;

(b) Sunsuper;

(c) Tasplan;

(d) Statewide Superannuation Ltd; or

(e) 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.

20.5 Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b) while the employee is on any paid leave.

Part 5—Hours of Work and Related Matters

21. Ordinary hours of work and rostering

21.1 Ordinary hours of work

(a) The ordinary hours of work must not exceed an average of 38 per week and must be worked between 6.00 am and 6.00 pm Monday to Friday inclusive, provided that the actual hours within the spread of hours may be altered by mutual agreement between the employer and the majority of employees concerned in the establishment or section or sections concerned.

(b) During periods when daylight saving is in operation the spread of hours may be 5.00 am to 5.00 pm where there is agreement between the employer and the majority of employees affected.

21.2 Rostered day off

The employer and the majority of the employees concerned in the establishment or section or sections concerned may agree that the ordinary working hours be worked to enable a week day off to be taken off on a basis to be mutually agreed.

21.3 Notice of rostered days off

(a) The employer must advise the employee at least four weeks in advance of the weekday to be taken off.

(b) Such days off will be subject to the operational needs of the establishment and having regard to urgent and unforeseen circumstances in which case a substitute day must be arranged by mutual agreement.

21.4 Accumulation of days off

Where agreed with the employer, an employee may accumulate up to five days’ leave to be taken when mutually convenient.

21.5 Rostered days off—building and construction industry

Where employees subject to this award perform survey work on a recognised building and construction industry site, those employees may work on a prescribed rostered day off which is applicable to that particular site under the following circumstances:

(a) where that is required by the employer and such work is necessary to allow other employees to be employed productively;

(b) to carry out out-of-hours maintenance;

(c) because of unforeseen delays to a particular project or a section of it; or

(d) for other reasons arising from unforeseen or emergency circumstances on a project.

22. Breaks

22.1 Meal break

(a) Not less than 30 minutes or more than one hour will be allowed for a meal break each day, as mutually agreed.

(b) An employee must not be required to work for more than five hours without a break for a meal.

22.2 Morning and afternoon tea break

(a) Employees are allowed a rest period of 10 minutes without deduction of pay in the morning at a time fixed by the employer.

(b) Employees are permitted, without ceasing work, to take an afternoon tea break.

23. Overtime and penalty rates

23.1 An employer must compensate an employee for all authorised time worked in excess of normal hours of duty by:

(a) payment for such excess hours at the rate of time and a half for the first three hours and double time thereafter;

(b) provided that where the employer and employee agree, time off with pay may be taken instead of payment for overtime work or work on Sunday and holidays, on an hour for hour basis; or

(c) such other arrangement as may be mutually agreed.

23.2 An employee must be paid at the rate of double time for work done on Sunday and such double time will continue until the employee is relieved from duty.

23.3 An employee must be paid at the rate of double time and a half for work done on public holidays as defined in this award and such double time and a half must continue until the employee is relieved from duty.

23.4 An employee recalled to work overtime, after leaving their employer’s premises or required to work overtime on a Saturday, Sunday or public holiday must be paid for a minimum of four hours’ work at the appropriate overtime rate.

23.5 An employee working overtime must be allowed a rest break of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues to work after such rest break.

23.6 Unless the period of overtime is less than one and a half hours an employee before starting overtime after working ordinary hours must be allowed a meal break of 20 minutes which must be paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work at hand provided that the employer will not be required to make any payment in respect of any time allowed in excess of 20 minutes.

23.7 An employee required to work beyond two hours after the usual finishing time of work must be paid a meal allowance of $9.60 for the meal and for each subsequent meal, or be provided with an adequate meal.

23.8 An employee required to work on a Sunday or public holiday for more than four hours must either be supplied with a meal by the employer or paid $9.60 for the meal taken during the first and/or subsequent rest break.

23.9 When an employee working overtime or working on a Sunday or public holiday finishes work at a time when normal means of transport is not available, the employer must provide the employee with a conveyance to their home.

23.10 An employee working on a Sunday or public holiday must be allowed a rest break of 20 minutes without deduction of pay after such four hours of work, if the employee continues work after such rest break.

Part 6—Leave and Public Holidays

24. Annual leave

24.1 Annual leave is provided for in the NES.

24.2 Annual leave loading

During a period of annual leave an employee must receive a loading of 17.5% on the rate of pay they would have been entitled to receive for their ordinary hours had they not been on such leave.

24.3 Annual leave close-down

(a) Where an employer intends temporarily to close (or reduce to nucleus) their establishment or a section of it for the purposes, among other things, of allowing annual leave to the employees concerned or a majority of them they may give in writing to such employees one month’s notice (or, in the case of any employee engaged after giving of such notice, notice on the date of the employee’s engagement) that the employer elects to apply the provisions of this subclause, in which case:

(i) any such employee who at the date of closing is entitled to their annual leave must be given their annual leave commencing as on and from the date of closing and, in addition, must be paid 1/12th of their ordinary pay for any period of employment after accrual of this right to the annual leave up to but excluding the date of closing;

(ii) any such employee who at the date of closing is not entitled to their annual leave must be given leave without pay as on and from the date of closing and must be paid 1/12th of their ordinary pay for the period of their employment since their commencement date or the accrual of their last annual leave (whichever is the later) up to but excluding the date of closing, together with pay for any holiday during such leave for which they are entitled to payment under this award; and

(iii) the next 12 month qualifying period of employment for every such employee commences on and from the date of closing.

(b) In this paragraph date of closing in relation to each employee means the first day of their annual leave pursuant to this subclause.

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

27.1 Public holidays are provided for in the NES.

27.2 All work performed on a public holiday is deemed to be to be work in excess or outside of ordinary hours of duty and will be paid or compensated for in accordance with clause 23—Overtime and penalty rates.

27.3 Public holidays—process for substitution

(a) An employer and their employees may agree to substitute another day for any public holidays prescribed in this clause. For this purpose, the consent of the majority of affected employees constitutes agreement.

(b) An agreement pursuant to clause 27.3(a) must be recorded in writing and be available to every affected employee.

Schedule A

—Transitional Provisions

[Sched A inserted by PR991574]

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:

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:

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:

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:

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:

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 Definitions

[Sched A renumbered as Sched B by PR991574]

B.1 Classification Definitions

B.1.1 Definitions

The words or equivalent where they appear in these definitions mean:

• a qualification recognised as equivalent by a state Training Authority or by a Registered Training Organisation registered by that Authority; or
• equivalent skill and knowledge gained through on-the-job experience and/or training.

B.1.2 Entry Level

For entry level employees who possess relevant technical qualifications see clause B.1.3.

B.1.3 Level 12—Unskilled

(a) Minimum training and requirements

An unskilled person means an employee who holds no relevant qualification but is capable of assisting the surveyor or survey technician.

(b) Duties

Their duties include:

• assisting in field work under direct supervision;
• being aware of safe working practices;
• being eligible to hold a driver’s licence;
• being able to maintain and clean basic survey equipment;
• being able to perform general office duties under instruction; and
• being able to work in a team environment.

B.1.4 Level 11—Trainee Assistant—Survey

(a) Minimum training and requirements

(i) A Trainee Assistant—Survey means a person who:

• has completed in-house training;
• has completed year 11;
• has completed 50% of a bridging course;
• is eligible to enter a traineeship scheme; or
• has completed the equivalent.

(ii) Such an assistant may not be pursuing any training but must show a preparedness to develop their skills as pertinent to assisting the Surveyor or Survey Technician in the performance of their duties.

(b) Duties

Their duties, under supervision, include:

• setting up surveying instruments;
• being aware of safe work practices;
• being eligible to or hold a driver’s licence;
• being able to maintain and clean basic survey instruments;
• being able to reduce levels;
• being capable of general office duties; and
• being able to work in a team environment.

B.1.5 Level 10—Technical Assistant—Survey

(a) Minimum training and requirements

A Technical Assistant—Survey means a person who:

• has completed a Traineeship scheme;
• has completed VCE or ATS;
• has completed a bridging course but not progressed onto any further related studies at this stage; or
• has completed the equivalent.

(b) Duties

Their duties, under supervision include:

• using the correct techniques, measuring accurately;
• understanding and performing basic survey tasks under instruction;
• being adaptable to form part of a team for the purpose of performing surveys;
• showing initiative in the performance of survey tasks;
• being capable of maintaining survey equipment; and
• being eligible to hold a driver’s licence.

B.1.6 Level 9—Trainee Technician—Survey

(a) Minimum training and requirements

A Trainee Technician—Survey means a person who:

• has commenced study in:
  • an advanced certificate (national certificate IV);
  • associate diploma (national diploma);
  • diploma (national advanced diploma) (number of modules to be completed to be determined); or
  • equivalent in-house training; or
• has completed 50% of the advanced certificate (national certificate IV).

(b) Duties

Their duties include:

• basic mathematical skills enabling:
  • the competent reduction of level;
  • the accurate transfer of survey information;
  • basic plan preparation;
  • accurate angular observation;
  • efficient field techniques; and
  • an understanding of EDM measurement and booking techniques
• being responsible for the acquisition of data in the field under the immediate supervision of a qualified surveyor or their appointee;
• working in a team environment or under routine supervision;
• having a basic understanding of the down loading of field data into computers and basic keyboard skills;
• being able to measure accurately; and
• holding or being able to hold a driver’s licence.

B.1.7 Level 8—Survey Technician

(a) Minimum training and requirements

A Survey Technician means a person who:

• has completed a three year degree;
• has completed the first year of an advanced certificate (national certificate IV);
• has completed 16% of a diploma (national advanced diploma) or formal equivalent;
• has completed the first year or 25% of an advanced certificate (national certificate IV) and three years relevant experience;
• has an equivalent level of accredited training progressing towards Level 3;
• is at the entry point for Professional Surveyor (three year graduate); or
• has completed the equivalent.

(b) Duties

(i) A Survey Technician works above and beyond an employee at Level 9 and to the level of their training.

(ii) Their duties include:

• providing technical guidance or advice within the scope of this level;
• providing limited technical reports on assigned tasks as directed within the scope of this level; and
• an overall knowledge and understanding of the principles of the systems and equipment on which they are required to carry out their tasks.

(c) Indicative tasks

Their indicative tasks include:

• carrying out limited engineering surveys to the required accuracy under immediate supervision or direction;
• prepare basic plans using either manual or computer based methods under supervision;
• survey computations; and
• being able to use survey based computer programmes.

B.1.8 Level 7—Survey Technician (Part-time) Party leader

(a) Minimum training and requirements

A Survey Technician (Part-time) Party leader means a person who:

• has completed an advanced certificate (national certificate IV);
• has completed a four year course, or three year course plus one year experience;
• has completed the second year or 50% of an associate diploma (national diploma) or advanced certificate (national certificate IV);
• has completed 30% or the second year (part-time) of a diploma (national advanced diploma) or equivalent; or
• has completed the equivalent.

(b) Duties

(i) A Surveying Technician/Party leader works above and beyond an employee at Level 8 and to the level of their training.

(ii) Their duties include:

• providing technical guidance or advice within the scope of this level;
• preparing reports of a technical nature on specific tasks or assignments as directed or within the scope of discretion at this level;
• an overall knowledge and understanding of the principles of the systems and equipment on which they are required to carry out their tasks;
• assisting in the provision of on-the-job training in conjunction with supervisors and trainers.

(c) Indicative tasks

Their indicative tasks include:

• carrying out surveys to the required accuracy under supervision or direction;
• preparing plans, using either manual or computer based methods under supervision;
• survey computations;
• obtaining survey information and interpreting this information for drawing, computation or survey needs;
• basic knowledge of civil engineering, geology, soil and fauna/environmental aspects relevant for surveying practice; and
• being able to use survey based computer programmes.

B.1.9 Level 6—Party Leader Survey (Supervised/Technical Surveyor)

(a) Minimum training and requirements

A Party Leader (Supervised/Technical) Surveyor means an employee who

• has completed the third year of an associate diploma (national diploma) or equivalent;
• has completed a degree and experience;
• has completed or is completing the third year (part-time) of a diploma (national advanced diploma); or
• has the equivalent.

(b) Duties

Their duties include:

• whilst working under controlled supervision, gathering or setting out field data and collates the resultant or separate information using computer techniques;
• preparing work sheets for engineering surveys and applying all relevant checks to ensure quality of computed work;
• under the direction of a Licensed Surveyor, gathering cadastral information for analysis;
• preparing plans to a standard where they would be acceptable to the relevant titles office;
• clearly setting out all computations and checks to cadastral work for checking by a Licensed Surveyor;
• assisting in the training of staff, maintenance of equipment and office records; and
• assists in the development of new techniques and procedures.

B.1.10 Level 5—Party Leader/Surveyor

(a) Minimum training and requirements

A Party Leader/Surveyor means an employee who has:

• has completed an associate diploma (national diploma) or equivalent, including at least three years work in the officer’s speciality;
• has completed degree and associate diploma (national diploma) or 4th year (part-time) of a diploma (national advanced diploma); or
• has the equivalent.

(b) Duties

(i) A Party Leader/Surveyor whilst not requiring supervision for daily tasks is still responsible to a Licensed Surveyor when performing any survey where title definition is required.

(ii) Their duties include:

• under the direction of a coordinator, being able to perform surveys to the required accuracy for the various types of surveys;
• interpreting survey information to enable field surveys to relate to previous surveys;
• making adoptions for boundary definitions and present these adoptions with evidence to a Licensed Surveyor for ratification; and
• preparing reports on the manner in which the surveys were conducted and justification of results.

B.1.11 Level 4—Experienced surveyor

(a) Minimum training and requirements

An Experienced surveyor means an employee who has completed:

• a three or four year degree, fifth year of a diploma (national advanced diploma) or equivalent;
• additional accredited education and training so as to reach a standard equivalent to a three or four year degree and who is required to perform the work set out below; or
• a degree and fifth year of a diploma (national advanced diploma) or equivalent.

(b) Duties

(i) An Experienced surveyor acts above and beyond an employee at Level 5.

(ii) An Experienced surveyor whilst not requiring supervision in the performance of these duties is still responsible to a Licensed surveyor when performing any survey where title definition is required.

(iii) Their duties include:

• to the level of their experience, co-ordinating other field parties in the performance of their duties;
• carrying out field surveys to a professional standard to the satisfaction of the employer;
• showing initiative on improving field and office techniques;
• managing computer files and job flow patterns;
• ensuring quality assurance for the areas directly under their control;
• preparing detailed reports on survey results;
• being of such professional attitude and demeanour to enable themselves to represent their employer at meetings; and
• being technically competent in all areas relating to the officer’s speciality.

B.1.12 Level 3—Professional surveyor—Experienced/Licensed

(a) Minimum training and requirements

(i) A Professional surveyor—Experienced/Licensed means an employee who has completed:

• a three or four year degree, diploma (national advanced diploma);
• additional accredited education and training so as to reach a standard equivalent to a three or four year degree and who is required to perform the work set out below; or
• a degree, diploma (national advanced diploma) or equivalent.

(ii) A Professional surveyor at Level 3 will include an employee who has successfully completed all necessary requirements of the Land Surveyors Board for Registration as a Cadastral Surveyor. Such a qualification however is not mandatory for work at this level.

(b) Duties

(i) A Level 3 Professional surveyor—Experienced/Licensed acts above and beyond an employee at Level 4.

(ii) Their duties include:

• being proficient in aspects of law relating to surveying and being actively involved in maintaining their knowledge to include any changes in legislation and technology;
• having a mature approach to the completion of survey projects and being able to adequately supervise those under their control;
• included in the added responsibility of a Licensed surveyor or an employee working at an equivalent skill level is a commitment to improving the skills of those over which they have direct control; and
• conducting regular checks on Quality Control procedures in place for the surveyor’s place of equipment.

(c) Supervision received

Supervision received is in broad objectives where communication with management will enable the surveyor to determine whether targets are being reached.

B.1.13 Level 2— Manager Project/Specialist

(a) Minimum training and requirements

A Manager Project/Specialist means an employee who has completed:

• a three or four year degree to qualify as a Professional surveyor; or
• additional accredited education and training so as to reach a standard equivalent to a three or four year degree and who is required to perform the work set out below; or
• equivalent.

(b) Duties

They require the application of mature surveying knowledge with scope for individual accomplishment and co-ordination of difficult and responsible surveying alignments. They deal with problems for which it is necessary to modify established guides and devise new approaches.

They may take some original contribution and/or apply new approaches and techniques to design or development of equipment or specific aspects of products.

(c) Recommendation and decisions

Their recommendations may be reviewed for soundness of judgment but are usually regarded as technically accurate and feasible. They make responsible decisions on matters assigned, including the establishment of surveying standards and procedures.

(d) Supervision received

Work is carried out within broad guidelines requiring conformity with overall objectives, relative priorities and necessary co-operation with other units. Informed technical guidance may be available.

(e) Supervision exercised

They outline and assign work and reviews it for technical accuracy and adequacy. They may plan, direct and co-ordinate the work of other professional surveyors and may also supervise other professional and technical staff.

B.1.14 Level 1— Manager Business/Specialist

(a) Minimum training and requirements

A Manager Business/Specialist means an employee who has completed:

• a three or four year degree to qualify as a Professional surveyor; or
• accredited education and training so as to reach a standard equivalent to a three or four year degree and who is required to perform the work set out below; or
• equivalent.

(b) Duties

They are required to perform professional surveying work involving considerable independence in approach and demanding a considerable degree of originality, ingenuity and judgment. They require knowledge of more than one field of surveying or are an expert in a particular field of surveying. They initiate and/or participate in short and long range planning and make independent decisions on surveying policies and procedures within an overall program. They may take detailed technical responsibility for product development and the development and provision of specialised survey systems, facilities and functions.

They co-ordinate work programs and direct advice on the use of material and/or equipment.

(c) Recommendations and decisions

They make responsible decisions not usually subject to technical review. They decide courses of action necessary to expedite the successful accomplishment of assigned projects. They may make recommendations involving large sums of money or long-range objectives.

(d) Supervision received

Duties are assigned only in terms of broad objectives and are reviewed for policy, soundness of approach, accomplishment and general effectiveness.

(e) Supervision exercised

They supervise a group or groups including professional surveyors and other staff and/or exercise authority and technical control over a group of qualified professional personnel engaged, in both instances, in complex survey applications.

B.1.15 Professional surveyor—graduate

A Professional surveyor—graduate, is a Professional surveyor (as defined) and will mean a person who has successfully completed a course of studies approved by the Surveyor’s Board or the Institute of Surveyors Australia and who is entitled to enter into a training agreement with a Licensed surveyor.

(a) Duties

(i) The surveyor undertakes initial professional surveying tasks of limited scope and complexity, such as minor phases of broader assignments, in office, plant, field or laboratory work.

(ii) Under supervision from higher level Professional surveyors as to method of approach and requirements, the Professional surveyor—graduate performs normal professional surveying work and exercises individual judgment and initiative in the application of surveying principles, techniques and methods.

(iii) In assisting more senior professional surveyors by carrying out tasks requiring accuracy and adherence to prescribed methods or surveying analysis, design or computation, the surveyor draws upon advanced techniques and methods learned during and after the undergraduate course.

(iv) Training, development and experience using a variety of standard surveying methods and procedures, enable the Professional surveyor—graduate to develop increasing professional judgment and apply it progressively to more difficult tasks at the Level 3 Professional surveyor.

(v) Decisions are related to tasks performed, relying upon precedent or defined procedures for guidance. Recommendations are related to solution of problems in connection to the tasks performed.

(vi) Work is reviewed by higher level Professional surveyors for validity, adequacy, methods and procedures. With professional development and experience work receives less review, and the Professional surveyor—graduate progressively exercises more individual judgment until the level of competence is achieved.

(vii) The Professional surveyor—graduate may assign and check work of technical staff assigned to work on a common project.

(b) Progression to Level 3—Professional surveyor/Licensed surveyor

The Professional surveyor—graduate will receive increments upon the attainment of skills, and demonstration of competence which fulfil the requirements of the following levels in the classification structure as outlined in this clause.

(i) Graduate three year course

(ii) Graduate four year course

Schedule C

—Supported Wage System

[Sched B renumbered as Sched C by PR991574]

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:

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 PR991574]

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.