Table of Contents - MA000088 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 Descriptions
Schedule C - Supported Wage System
Schedule D - National Training Wage
Appendix D1: Allocation of Traineeships to Wage Levels
Schedule E - School-based Apprentices
Electrical Power Industry Award 2010

Electrical Power Industry Award 2010

 

The above award was first made on 4 September 2009 [PR988985]

This consolidated version of the award includes variations made on 16 December 2009 [PR991597]; 24 December 2009 [PR992246]; 5 March 2010 [PR994522]; 4 June 2010 [PR997772]; 22 June 2010 [PR998107]; 22 June 2010 [PR997993]; 29 June 2010 [PR998748]; 6 December 2010 [PR503631]; 20 June 2011 [PR509119], 21 June 2011 [PR509240]; 21 June 2011 [PR510670]; 31 August 2011 [PR514088]

 

There is currently an application to vary this award: 5 August 2010 [AM2010/155]; 14 July 2011 [AM2011/36]

 

 

Table of Contents

[Varied by PR991597]

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.              Full-time employment

12.              Part-time employment

.              Casual employment

14.              Termination of employment

15.              Redundancy

Part 4 - Minimum Wages and Related Matters

16.              Classifications

17.              Minimum wages

18.              Allowances

19.              District allowances

20.              Accident pay

21.              Higher duties

22.              Payment of wages

23.              Superannuation

Part 5 - Hours of Work and Related Matters

24.              Ordinary hours and rostering

25.              Breaks

26.              Overtime and penalty rates

Part 6 - Leave and Public Holidays

27.              Annual leave

28.              Personal/carer's leave and compassionate leave

29.              Community service leave

30.              Public holidays

31.              Dispute resolution procedure training leave

Schedule A - Transitional Provisions

Schedule B - Classification Descriptions

Schedule C - Supported Wage System

Schedule D - National Training Wage

Appendix D1: Allocation of Traineeships to Wage Levels

Schedule E - School-based Apprentices


Part 1 - Application and Operation

 

1.                      Title

This award is the Electrical Power Industry Award 2010.

2.                      Commencement and transitional

[Varied by PR991597]

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

[Varied by PR994522, PR997772, PR503631]

3.1                   In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

afternoon shift means any shift (other than a 12 hour shift) finishing after 6.00 pm and at or before midnight

[Definition of agreement-based transitional instrument inserted by PR994522 from 01Jan10]

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

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

continuous shiftworker means an employee working shiftwork covering 24 hours a day, seven days per week

day shift means any shift other than an afternoon or night shift

day worker means an employee whose ordinary hours are worked between Monday and Friday and within the span of hours in clause 24.1(a)

[Definition of Division 2B State award inserted by PR503631 ppc 01Jan11]

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

[Definition of Division 2B State employment agreement inserted by PR503631 ppc 01Jan11]

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

electrical power industry is defined in clause 4.2

[Definition of employee substituted by PR997772 from 01Jan10]

employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

employer means national system employer within the meaning of the Act

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

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

night shift means any shift finishing after midnight and at or before 8.00 am

non-continuous shiftworker means an employee working shiftwork other than shifts covering 24 hours a day, seven days per week

shiftworker means an employee who works on a shift roster (except that for the purposes of the NES shiftworker has the different meaning given in clause 27.2)

standard rate means the minimum weekly wage for classification at Pay Level 3 in clause 17 - Minimum wages

[Definition of transitional minimum wage instrument inserted by PR994522 from 01Jan10]

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

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

4.                      Coverage

[Varied by PR994522]

4.1                   This industry award covers employers throughout Australia in the electrical power industry and their employees in the classifications listed in clause 16 - Classifications and Schedule B - Classification Descriptions to the exclusion of any other modern award.

4.2                   In this award, electrical power industry means:

(a)          the generation (by whatever means), transmission, distribution and retail supply of electrical power; and

(b)         the mining, processing and treatment of brown coal (by whatever means) for use in generating electrical power;

and also includes:

(c)          the retail supply of gas and other utility services by an employer whose core business is within clause 4.2(a);

(d)         the provision of temporary labour services used in activities within clauses 4.2(a) and/or (b) by temporary labour personnel principally engaged to perform work at a location where such activities are being performed;

but does not include:

(e)          the generation and/or transmission of power and/or steam that is ancillary or incidental to the employer's activities in another industry (notwithstanding that excess power may sold into the grid).

4.3                   This award does not cover:

(a)          an employee excluded from award coverage by the Act;

(b)         an employer bound by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees;

[New 4.3(c) inserted by PR994522 from 01Jan10]

(c)          employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

[4.3(c) renumbered as 4.3(d) by PR994522 from 01Jan10]

(d)         a contractor who is covered by the Electrical, Electronic and Communications Contracting Award 2010, the Building and Construction General On-site Award 2010 or the Mobile Crane Hiring Award 2010 and the employees of that contractor.

[New 4.4 inserted by PR994522 from 01Jan10]

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

[4.4 renumbered as 4.5 by PR994522 from 01Jan10]

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.

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.

NOTE: Dispute resolution procedure training leave is provided for in clause 31.

Part 3 - Types of Employment and Termination of Employment

 

10.                 Types of employment

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

(a)          full-time;

(b)         part-time; or

(c)          casual.

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

11.                 Full-time employment

A full-time employee is one who works an average of 37.5 hours per week.

12.                 Part-time employment

12.1               A part-time employee:

(a)          works an average of less than the full-time hours of 37.5 per week;

(b)         has reasonably predictable hours of work; and

(c)          receives, on a pro rata basis, equivalent pay and conditions to full-time employees in the same classification.

12.2               At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work including the hours to be worked and the starting and finishing times on each day.

12.3               Any agreed variation to the regular pattern of work will be recorded in writing.

12.4               An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 13 - Casual employment.

12.5               All time worked in excess of the hours as mutually arranged will be overtime and paid for at overtime rates.

12.6               For each ordinary hour worked, a part-time employee will be paid no less than 2/75ths of the minimum weekly rate of pay for the relevant classification plus any applicable allowances.

12.7               Where a part-time employee works on a roster, the employee will receive a minimum number of days off over the roster cycle being a minimum of two days multiplied by the number of weeks in the roster cycle.

13.                 Casual employment

13.1               A casual employee is an employee engaged and paid as such.

13.2               A casual employee must be engaged for a minimum of three hours.

13.3               For each hour worked, a casual employee will be paid no less than 2/75ths of the minimum weekly rate of pay for the relevant classification, plus a casual loading of 25% plus any applicable allowances.

13.4               A casual employee is entitled to overtime:

(a)          where the employee is a casual shiftworker:

(i)            for time worked beyond the end of a shift at the request or direction of the employer; or

(ii)         for time worked over a roster cycle in excess of 37.5 hours multiplied by the number of weeks in the roster cycle (where such excess time has not already attracted overtime);

(b)         where the employee is a day worker, for time worked at the request or direction of the employer that in excess of the usual ordinary time day in the employer's establishment,

save that a casual employee is not entitled to the casual loading for time worked and paid as overtime.

13.5               Casual loading is paid instead of annual leave, paid personal/carer's leave, public holidays not worked, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment.

13.6               A casual employee is entitled to penalty rates applicable to rostered shifts worked by the employee based on the ordinary rate of pay.

14.                 Termination of employment

14.1               Notice of termination is provided for in the NES.

14.2               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.

14.3               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.

15.                 Redundancy

[Varied by PR994522, PR503631]

15.1               Redundancy pay is provided for in the NES.

15.2               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.

15.3               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.

15.4               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 14.3.

15.5               Transitional provisions - NAPSA employees

[15.5 renamed by PR503631 ppc 01Jan11]

(a)          Subject to clause 15.5(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:

[15.5(a)(i) substituted by PR994522 from 01Jan10]

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

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

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

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

(d)         Clause 15.5 ceases to operate on 31 December 2014.

15.6               Transitional provisions - Division 2B State employees

[15.6 inserted by PR503631 ppc 01Jan11]

(a)          Subject to clause 15.6(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a Division 2B State award:

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

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

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

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

(d)         Clause 15.6 ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

 

16.                 Classifications

16.1               Employees are classified according to four streams, being the technical stream, administrative stream, professional/managerial/specialist stream and operations stream.

16.2               The wage rates at each classification level in clause 17 - Minimum wages are minimum entry level rates.

16.3               Movement between classification levels will be by appointment or promotion to a vacant position, reclassification, or the acquisition of additional skills or competencies in accordance with the requirements for the position as specified in Schedule B - Classification Descriptions and as required by the employer and its business needs.

16.4               Pay structure conditions

(a)          While jobs will be designed to fit a career stream, it is recognised that employees will, from time-to-time, be required to perform work at or below the current pay level in other career streams for which they hold the requisite skills.

(b)         Performance of duties in a higher pay level is obligatory if requisite skills are held.

(c)          Objective testing of skill acquisition and competency will be a prerequisite for pay progression. This incorporates assessment of employee competency and progress in skills training.

17.                 Minimum wages

[Varied by PR992246, PR994522, PR997993, PR509119]

[17 renumbered as 17.1 and varied by PR994522; varied by PR997993, PR509119 ppc 01Jul11]

17.1               The minimum wages payable to employees are as follows:

Pay Level

Technical Grade

Administrative Grade

Professional/ Manager/ Specialist Grade

Operations Grade

Minimum weekly wage

$

Level 1

Technical Grade 1

Administrative Grade 1

 

 

609.00

Level 2

Technical Grade 2

Administrative Grade 2

 

Operations Grade 2

648.30

Level 3

Technical Grade 3

Administrative Grade 3

 

Operations Grade 3

686.60

Level 4

Technical Grade 4

Administrative Grade 4

 

 

751.70

Level 5

Technical Grade 5

Administrative Grade 5

Professional / Manager / Specialist Grade 5

Operations Grade 5

817.90

Level 6

Technical Grade 6

Administrative Grade 6

 

Operations Grade 6

884.10

Level 7

Technical Grade 7

 

Professional / Manager / Specialist Grade 7

Operations Grade 7

950.20

Level 8

 

 

Professional / Manager / Specialist Grade 8

Operations Grade 8

1016.40

Level 9

 

 

 

 

1082.60

Level 10

 

 

Professional / Manager / Specialist Grade 10

Operations Grade 10

1148.80

Level 11

 

 

Professional / Manager / Specialist Grade 11

 

1213.90

17.2               Apprentices and trainees

[17.1 varied by PR992246 from 01Jan10; 17.1 renumbered as 17.2 by PR994522 from 01Jan10]

(a)          The terms of this award apply to apprentices and trainees, subject to the provisions of an applicable contract of apprenticeship or training agreement operating under federal, State or Territory apprenticeship or training. See Schedule D - National Training Wage and Schedule E - School-based Apprentices.

(b)         Apprentices

Apprentices will be entitled to the percentage of the standard rate as set out below subject to the following conditions:

(i)            In addition to the percentage of the standard rate, apprentices will be paid the relevant allowances in clause 18 - Allowances.

(ii)         On the expiration of an apprenticeship an employee who works in the apprenticed trade will be paid not less than the standard rate.

(iii)       Further, an adult employee who is employed by an employer immediately prior to commencing an apprenticeship with that employer, will not suffer a reduction in the pay the employee was entitled to receive under this award immediately prior to commencing such apprenticeship.

(iv)       Apprentices attending vocational, education and training providers and representing reports of satisfactory achievement will be reimbursed all fees they have paid.

Year

Junior apprentice

% of standard rate

Adult apprentice

% of standard rate

1

42

70

2

55

80

3

75

85

4

85

90

17.3               Juniors

The terms of this award apply to the employment of juniors. Juniors will be entitled to a percentage of the adult rate. The percentages are:

Age

% of adult rate

18 years or under

73

19 years

83

20 years

93

17.4               Supported wage system

See Schedule C

18.                 Allowances

[Varied by PR998107, PR509240]

18.1               Meal allowance

[18.1 varied by PR998107, PR509240 ppc 01Jul11]

An employee who is entitled to a meal allowance as provided for in clause 25 - Breaks, will be entitled to an employer provided meal or a meal allowance of $13.54 per meal.

18.2               Motor vehicle allowance

An employee who, by prior agreement with the employer, uses a private motor vehicle for work purposes where no company vehicle is provided or available will be entitled to payment as follows:

(a)          motor vehicle - $0.74 per kilometre; and

(b)         motorcycle - $0.25 per kilometre.

18.3               Availability allowance

Where the employer requires an employee to be available for duty after normal working hours in accordance with an availability roster under clause 24.5 the employee will be entitled to be paid an allowance as follows:

(a)          1 in 5 or more - 18% of the standard rate payable daily (on a pro rata basis) or weekly; or

(b)         1 in 4 or less - 26% of the standard rate payable daily (on a pro rata basis) or weekly.

18.4               First aid allowance

(a)          An employee who has been trained to render first aid and is a current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body will be paid 1.9% of the standard rate per week if appointed by the employer as a first aid officer.

(b)         Employees attending a first aid course approved and organised by the employer will be entitled to be paid for such training. Where practical, such training will be conducted during ordinary/rostered hours.

18.5               Power station allowance

An employee working in a power station will be entitled to be paid the relevant allowances below. A power station includes all ancillary buildings of the power station such as administrative offices, stores and workshops, power station switchyards and terminal stations.

(a)          Professional, Managerial, Specialist or Administrative employee - 2.05% of the standard rate per week.

(b)         Technical or Operations employee - 7% of the standard rate per week.

18.6               Open cut brown coal mine allowance

An employee exposed to the conditions and elements existing in an open cut brown coal mine without the protection afforded by an office or motor vehicle will be entitled to be paid an allowance of 11% of the standard rate per week.

18.7               Briquette factory allowance

An employee required to work in a briquette factory will be entitled to be paid an allowance of 8.5% of the standard rate per week. For the purposes of this allowance a briquette factory includes the wet section, launder areas, collecting conveyors, storage shed, loading shed, bagging hoppers, quality control laboratory, fire stations and all conveyors connecting those buildings. The briquette storage areas also form part of the briquette factory.

18.8               Coal handling allowance

An employee required to perform work handling coal but who is not entitled to an open cut brown coal mine allowance or briquette factory allowance will be entitled to be paid an allowance of 11% of the standard rate per week.

18.9               Transmission allowance

An employee required to perform work on overhead or underground power lines or any closely associated plant or equipment for the transmission or distribution of electricity (including substations, transformer stations, public lighting and switchboards or distribution boards) will be entitled to be paid an allowance of 6% of the standard rate per week.

18.10           Tool allowance

[18.10(a) varied by PR998107 ppc 01Jul10]

(a)          An employee who is required to supply and maintain a basic tool kit will be entitled to an allowance of $19.32 per week.

(b)         Notwithstanding clause 18.10(a), the employer will provide all power tools, special purposes tools, precision measuring instruments and for sheet metal workers, snips used in the cutting of stainless steel, Monel metal and similar hard metals.

18.11           Travel

(a)          When an employer requires an employee to travel in connection with work, the employer must pay all reasonable fares, meals, accommodation and incidental expenses incurred by the employee on business related travel. Where such expenses are not paid directly by the employer, the employer must make payment in advance of an amount of not less than 80% of the estimated travel expenses. The employer may require the employee to verify expenses through the production of necessary receipts or tax invoices and can require reimbursement of any portion of an amount advanced that is not supported by receipts or tax invoices.

(b)         Travelling time is to be paid at the ordinary hourly rate.

18.12           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

Vehicle allowance

Private motoring sub-group

Tool allowance

Tools component of the household appliances, utensils and tool sub-group.

19.                 District allowances

[Varied by PR994522]

19.1               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):

[19.1(a) substituted by PR994522 from 01Jan10]

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

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

19.2               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):

[19.2(a) substituted by PR994522 from 01Jan10]

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

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

19.3               This clause ceases to operate on 31 December 2014.

20.                 Accident pay

[Varied by PR994522, PR503631]

[20.1 varied by PR994522; substituted by PR503631 ppc 01Jan11]

20.1               Subject to clause 20.2, an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:

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

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

[20.2 substituted by PR503631 ppc 01Jan11]

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

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

20.4               This clause ceases to operate on 31 December 2014.

21.                 Higher duties

[21(a) and 21(b) renumbered as 21.1 and 21.2 by PR994522 from 01Jan10]

21.1               An employee directed by the employer to carry out the duties of a position classified at a higher pay level for a continuous period of not less than four hours will be paid for the day at the minimum rate for the higher pay level.

21.2               Where an employee has performed duty for three months continuously prior to a period of annual leave, personal/carer's leave or a period attracting accident pay, such leave or accident pay will be based on the employee's higher duties rate.

22.                 Payment of wages

Wages must be paid weekly or fortnightly by electronic funds transfer into employees' bank, building society or credit union accounts.

23.                 Superannuation

[Varied by PR994522, PR514088]

23.1               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.

23.2               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.

23.3               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 23.2.

(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 23.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 23.3(a) or (b) was made.

23.4               Superannuation fund

[23.4 varied by PR994522, PR514088 ppc 31 August 2011]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 23.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 23.2 and pay the amount authorised under clauses 23.3(a) or (b) to one of the following superannuation funds or its successor:

(a)          AustralianSuper;

(b)         Electricity Industry Superannuation Scheme;

(c)          Energy Super;

(d)         Energy Industry Superannuation Scheme;

(e)          Equipsuper Superannuation Fund;

(f)           First State Super;

(g)          Government Employees Superannuation Board (GESB);

(h)         NSW Electrical Superannuation Scheme;

(i)            Retirement Benefits Fund;

(j)           Sunsuper; or

(k)         any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund.

Part 5 - Hours of Work and Related Matters

 

24.                 Ordinary hours and rostering

24.1               Day workers

(a)          The span of ordinary hours will be 7.00 am to 6.00 pm Monday to Friday or such other span as is agreed with a majority of affected employees. The ordinary hours of work for day workers (an average of 37.5 hours per week) will be worked within that span of hours.

(b)         Day workers may be required to work up to 10 ordinary hours per day.

(c)          Subject to clauses 24.1(a) and (b), the times when ordinary hours are worked by day workers are at the discretion of the employer and may include:

(i)            a 10 day fortnight - 7.5 hours per day; or

(ii)         a nine day fortnight - 8 1/3 hours per day with a rostered day off.

24.2               Shiftworkers and rosters

(a)          Subject to this subclause an employer may:

(i)            implement a roster with a cycle length of any period of weeks up to and including 12 weeks (or a longer period with the agreement of a majority of affected employees) and with employees' ordinary hours being averaged over such cycle; and

(ii)         require an employee to undertake rostered shiftwork.

(b)         The following conditions apply to the preparation of rosters:

(i)            the roster must specify shift starting and finishing times and where time rostered is overtime, that fact;

(ii)         subject to clause 24.2(c), shifts must not exceed 10 hours in length (including crib time which will be counted as time worked) and an employee must not be rostered to work more than eight shifts in any nine day period;

(iii)       except at the regular changeover of shifts, an employee must not be rostered to work more than one shift in each 24 hours; and

(iv)       each shiftworker must have a minimum break of 10 hours between shifts.

(c)          An employer may implement 12 hour shifts as part of a two shift 24 hour continuous roster but an employee must not be rostered for more than five 12 hour shifts in any nine day period.

(d)         An employer must not change the structure of a roster or implement a new roster unless it has given all affected employees at least four weeks' notice of the change or new roster, or secured the agreement of all affected employees.

(e)          An employer may require an employee to work a different shift or shift roster upon giving 48 hours' notice or such shorter period as is agreed or as operational circumstances reasonably require.

(f)           Subject to the approval of the employer, employees may, by agreement, exchange shifts and days off, but in these circumstances pay will be as if the work had proceeded according to the roster.

24.3               Recall

An employee recalled to work overtime, other than for emergency work, after leaving the employer's premises (whether notified before or after leaving the premises) will be engaged to work for a minimum of three hours or will be paid for a minimum of three hours' work in circumstances where the employee is engaged for a lesser period.

24.4               Call-out

(a)          An employee called out on emergency work will be entitled to payment for such work from the time of leaving home to commence that work until they return home from such work, but they must return home within a reasonable time, and payment will be calculated accordingly, but such payment must not be less than two hours at the appropriate overtime rate.

(b)         For the purposes of clause 24.4(a), an employee called out on emergency work means an employee required to attend to a call-out request on an unscheduled basis outside of normal business/roster hours.

24.5               Availability duty and duty officer

(a)          An employee may be required, on a rostered basis, to make themselves available outside of ordinary working hours. Such an employee includes a duty officer and will be paid the availability allowance in clause 18.3.

(b)         A duty officer will be paid for the time spent working on the telephone whenever the period or periods aggregate to more than 15 minutes per day. Such payment is at the applicable penalty rate. A call-out minimum does not apply to time spent on the telephone.

(c)          For each year of continuous rostering on availability duty, an employee will receive an additional week's availability allowance in addition to their annual leave entitlements.

24.6               Daylight saving

(a)          Where by reason of State or Territory legislation summer time is prescribed as being in advance of the standard time in that state, the length of any shift commencing before the time prescribed by the relevant legislation for the commencement of a summer time period or commencing on or before the time prescribed by the relevant legislation for the termination of a summer time period, is deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end of the shift. The time of the clock in each case is to be set to the time fixed by the relevant legislation.

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

25.                 Breaks

25.1               Breaks - day workers

(a)          An employee who is a day worker will not be required to work more than five hours without an unpaid meal break of not less than 30 minutes.

(b)         Paid morning and afternoon tea breaks of 7.5 minutes each will be allowed to day workers.

25.2               Breaks - shiftworkers

(a)          A shiftworker working a shift of less than 10 hours will be entitled to a crib break of 20 minutes which will count as time worked.

(b)         A shiftworker working a shift of 10 hours or longer will be entitled to crib breaks totalling 30 minutes which will count as time worked.

25.3               Working without a meal/crib break

(a)          Breaks for all employees will be scheduled by the employer based upon operational requirements to ensure continuity of operations. The employer will not require an employee to work more than five hours before the first meal/crib break is taken or between subsequent meal/crib breaks, if any.

(b)         If at the direction of the employer:

(i)            a day worker is required to work during the normal meal break; or

(ii)         a shiftworker is required to work more than five hours without a crib break,

then the employee will be paid at time and half until a meal/crib break is allowed.

25.4               Work which is continuous with ordinary hours

(a)          An employee who is required to work overtime for not less than two hours but not more than four hours before or after working ordinary rostered hours will receive during such overtime a crib break of 20 minutes which will count as time worked and a meal provided by the employer (or a meal allowance).

(b)         Where the overtime is to continue after the fourth hour (and after each subsequent four hours) the employee will receive a crib break of 20 minutes which will count as time worked and a meal provided by the employer (or a meal allowance).

25.5               Called back to work at other times

An employee who is required to return to work (other than for pre-planned overtime) outside ordinary hours or on a Saturday, Sunday, public holiday or rostered day off will receive, after the fourth hour (and after each subsequent four hours) a crib break of 20 minutes which will count as time worked and a meal provided by the employer (or a meal allowance).

25.6               Rest breaks during overtime

(a)          An employee may take a paid rest break of 20 minutes after each four hours of overtime worked, if the employee is required to continue to work after the rest break.

(b)         An employer and an employee may agree to any variation of this clause to meet the circumstances of the workplace, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under this clause.

25.7               Minimum break between work on successive days or shifts

(a)          When overtime work is required it will, wherever reasonably practicable, be arranged so that employees have at least 10 consecutive hours off work between work on successive working days.

(b)         An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that the employee has not had at least 10 consecutive hours off work between those times will be released after completion of the overtime until the employee has had 10 consecutive hours off work without loss of pay for ordinary working time occurring during such absence.

(c)          If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off work, the employee will be paid at the relevant overtime rate until released from work for such period. The employee is then entitled to be absent until they have had 10 consecutive hours off work without loss of pay for ordinary working time occurring during the absence.

(d)         Clauses 25.7(b) and (c) apply in the case of employees when rostered for callout as if eight hours were substituted for 10 hours, when performing other than pre-arranged work.

(e)          These provisions will apply in the case of shiftworkers as if eight hours were substituted for 10 hours when overtime is worked:

(i)            for the purpose of changing shift rosters;

(ii)         where a shift is worked by arrangement between the employees themselves; or

(iii)       on a recall or call-out pursuant to clauses 24.3 or 24.4.

26.                 Overtime and penalty rates

26.1               Overtime

(a)          Overtime is payable at the following rates:

For overtime worked on

Overtime rate

Monday to Saturday - day workers and non-continuous shiftworkers

Time and a half for the first two hours and double time thereafter

Monday to Saturday - continuous shiftworkers

Double time

Sunday

Double time

Public holiday

Double time and a half

(b)         Day workers who work overtime on a Saturday, a Sunday or a public holiday will receive a minimum payment of three hours on each such occasion.

26.2               Penalty rates

Penalties are payable in respect of ordinary hours at the following rates:

Time worked

Penalty rate payable in addition to ordinary time rate

Afternoon shift
(where more than one third of rostered ordinary hours are on afternoon shift)

16%

Night shift
(where more than one third of rostered ordinary hours are on night shift)

22.5%

Permanent night shift
(where an employee works only night shift)

30%

Saturday

50%

Sunday

100%

Public holiday

150%

26.3               Time off instead of overtime payment

Where overtime is worked and payment is due in the terms of this clause, time off may be granted instead of payment on the following basis:

(a)          One day off may be substituted for a portion of the payment due with the balance of the payment being made in money where:

(i)            at least a full day of overtime is worked on a Saturday or Sunday by a day worker; or

(ii)         at least a full shift of overtime is worked on a rostered day off by a shiftworker, or where a shiftworker works a double shift in the absence of the incoming shift relief.

(b)         A maximum of 10 such days off will be granted in any year. The year period for the granting of the maximum of 10 days will be the leave year for each employee. The taking of time is subject to operational requirements.

(c)          The granting of such time off will not be used as a basis to increase the number of employees located at any establishment.

Part 6 - Leave and Public Holidays

 

27.       Annual leave

27.1               Annual leave is provided for in the NES. This clause supplements or deals with matters incidental to the NES.

27.2               Definition of shiftworker for NES purposes

Notwithstanding the definition of shiftworker in clause 3 - Definitions and interpretation, for the purpose of the NES, a shiftworker is an employee:

(a)          who works a roster and who, over the roster cycle, may be rostered to work ordinary time shifts on any of the seven days of the week; and

(b)         who is regularly rostered to work on Sundays and public holidays.

27.3               Additional monetary entitlements

(a)          An employee receiving an allowance on a continuous basis will continue to receive the allowance on all annual leave, subject to, in the case of higher duties allowance, the employee resuming higher duties on completion of the leave.

(b)         An employee taking leave will also be entitled to a sum equal to the greater of:

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

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

27.4               Illness during a period of annual leave

Subject to the provision of a medical certificate, any period of illness of one day or more occurring during leave may be claimed as personal leave and either an equivalent period of annual leave will be re-credited, or the employee's period of absence extended.

27.5               Annual leave may be directed on excessive accrual

(a)          An employer may direct an employee to take paid annual leave if the employee has accrued more than eight weeks' paid annual leave or, in the case of a shiftworker who works a 12 hour roster, a threeshift roster or other shift roster where the employee is regularly rostered on Sundays and public holidays and has accrued 10 weeks' paid annual leave.

(b)         An employer must give an employee at least one month's notice of the requirement to take annual leave prior to the date the employee is required to commence the annual leave.

27.6               Taking of annual leave during shut-down

An employer may direct an employee to take paid annual leave during all or part of a period where the employer shuts down the business or part of the business where the employee works. If an employee does not have sufficient accrued annual leave for the period of the shut-down then the employee may be required to take leave without pay.

27.7               Payment on termination of employment

Upon termination of employment for any reason, an employee will be paid out accrued leave at the ordinary rate of pay applicable to the employee on the date when the employment terminated provided that, if the employee is a shiftworker, the employee will also be paid shift allowance and/or Saturday or Sunday penalty rates according to the employee's roster or projected roster.

28.                 Personal/carer's leave and compassionate leave

28.1               Personal/carer's leave and compassionate leave are provided for in the NES. This clause supplements the NES.

28.2               The annual personal leave entitlement is 12 days (inclusive of the NES entitlement).

29.                 Community service leave

Community service leave is provided for in the NES.

30.                 Public holidays

30.1               Public holidays are provided for in the NES.

30.2               Substitution of public holidays

(a)          An employer and a majority of affected employees or an individual employee may reach agreement to substitute a day or part-day for a day or part-day that would otherwise be a public holiday under the terms of the NES.

(b)         Where a rostered day off falls on a public holiday as prescribed in the NES the next working day will be substituted or another day by written agreement.

31.                 Dispute resolution procedure training leave

31.1               Subject to clauses 31.7, 31.8 and 31.9 an eligible employee representative is entitled to, and the employer must grant, up to five days' training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant agreement which provides it is to be read in conjunction with this award.

31.2               An eligible employee representative must give the employer six weeks' notice of the employee representative's intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

31.3               The notice to the employer must include details of the type, content and duration of the course to be attended.

31.4               The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

31.5               An eligible employee representative taking such leave must be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.

31.6               Leave of absence granted pursuant to clause 31 - Dispute resolution procedure training leave counts as service for all purposes of this award.

31.7               For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee:

(a)          who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure; and

(b)         who is within the class and number of employee representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:

Number of employees employed by the employer in an enterprise or workplace

Maximum number of eligible employee representatives entitled per year

5-15

1

16-30

2

31-50

3

51-90

4

More than 90

5

31.8               Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year must be resolved by agreement between those entitled or, if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

31.9               For the purpose of applying the quota table, employees employed by the employer in an enterprise or workplace are full-time and part-time employees, and casual employees with six months or more service, covered by this award who are employed by the employer and engaged in the enterprise or workplace to which the procedure established under clause 9 - Dispute resolution applies.


Schedule A - Transitional Provisions

 

[Varied by PR991597, PR503631]

A.1              General

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

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

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

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

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

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

A.2              Minimum wages - existing minimum wage lower

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

(a)         was obliged,

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

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

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

A.2.2          In this clause minimum wage includes:

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

(b)         a piecework rate; and

(c)         any applicable industry allowance.

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

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

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

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

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

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

A.3              Minimum wages - existing minimum wage higher

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

(a)         was obliged,

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

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

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

A.3.2          In this clause minimum wage includes:

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

(b)         a piecework rate; and

(c)         any applicable industry allowance.

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

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

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

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

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

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

A.4              Loadings and penalty rates

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

·  casual or part-time loading;

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

·  shift allowance/penalty.

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

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

(a)         was obliged,

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

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

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

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

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

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

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

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

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

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

(a)         was obliged,

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

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

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

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

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

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

First full pay period on or after

 

1 July 2010

80%

1 July 2011

60%

1 July 2012

40%

1 July 2013

20%

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

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

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

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

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

First full pay period on or after

 

1 July 2010

20%

1 July 2011

40%

1 July 2012

60%

1 July 2013

80%

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

A.8              Former Division 2B employers

[A.8 inserted by PR503631 ppc 01Jan11]

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

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

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

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

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

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


Schedule B - Classification Descriptions

 

[Varied by PR991597]

B.1              Preamble

The classification criteria in this schedule provide guidelines to determine the appropriate classification level of persons employed pursuant to this award. In determining the appropriate level, consideration must be given to the typical duties and skills. These are nonexhaustive lists of duties and skills that may be comprehended within the particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform a range of duties and skills, depending on the particular work allocated. The key issue to be looked at in properly classifying an employee is the level of competency and skill that the employee is required to exercise in the work they perform, not the duties they perform per se.

B.2              Technical Grade

B.2.1          Technical Grade 1

An employee who is undertaking structured training so as to enable the employee to perform duties associated with a Power worker. Such structured training is to be completed within 3 months of appointment to this level.

An employee at this level works under direct supervision, and performs routine duties essentially of a manual nature.

Indicative positions include:

·  Plant Operator - a suitably qualified operator of plant and equipment with basic competence/experience;

·  Power Worker/Non-trade - an employee who undertakes work of a non-trade nature in accordance with their skills and training e.g. trades assistant, store person, labourer.

B.2.2          Technical Grade 2

An employee who is continuing structured training so as to enable the employee to perform a broader range of duties associated with a Power worker.

An employee at this level works under general supervision, either individually or in a team environment and performs a broader range of duties in accordance with their training and skills.

Indicative positions include:

·  Skilled Power Worker - an employee who undertakes work in a range of non-trade activities in accordance with their skills and training;

·  Mobile Plant Operator - a suitably qualified operator of plant and equipment with general competence/experience.

B.2.3          Technical Grade 3

An employee who has Certificate III qualifications and/or other structured training to enable the employee to perform a broader range of duties which may include basic design work.

An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills.

Indicative positions include:

·  Tradesperson (including Lines/Cable Person);

·  Advanced Plant Operator - an employee experienced in the operation in various plant or equipment applications (such as mobile plant) who possesses the appropriate certificate/ticket for that plant or equipment.

B.2.4          Technical Grade 4

An employee who has additional relevant qualifications or equivalent (post trade or technical) and/or other structured training to enable the employee to perform a broader range of duties.

An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills.

Indicative positions include:

·  Special class tradesperson such as substation, instrumentation and control;

·  Live Line Glove & Barrier;

·  Designer - an employee technically qualified to design distribution and/or transmission systems;

·  Engineering Officer - an employee who is technically or trade qualified such as a technical officer or technician who maintains electronic control systems;

·  Supervisor (base trades).

B.2.5          Technical Grade 5

An employee who has additional relevant qualifications or equivalent (post trade or technical) and/or other structured training to enable the employee to perform a broader range of duties.

An employee at this level works under technical guidance and limited supervision, either individually or in a team environment and performs duties in accordance with their training and skills.

Indicative positions include:

·  Advanced Class Tradesperson such as protection, metering, communications and generation technicians;

·  Supervisor (special class trades);

·  Experienced Engineering Officer;

·  Senior Technical Officer/Senior Technician.

B.2.6          Technical Grade 6

An employee who has additional relevant qualifications or equivalent (post trade, technical or degree) and/or other structured training to enable the employee to perform a range of technical or supervisory duties.

An employee at this level provides technical guidance and supervision for either individuals or a team and performs duties in accordance with their training and skills.

Indicative positions include:

·  Work Group Supervisor.

B.2.7          Technical Grade 7

An employee who has additional relevant qualifications or equivalent (post trade, technical or degree) and/or other structured training to enable the employee to perform a range of engineering or technical duties with greater expertise or specialisation.

An employee at this level provides expert technical guidance for either individuals or a team and performs duties in accordance with their training and skills.

Indicative positions include:

·  Senior Engineering Officer;

·  Principal Technical Officer.

B.3              Administrative Grade

B.3.1          Administrative Grade 1

Positions at this grade provide a defined service. Roles are typically administrative/support roles in which employees undertake work in accordance with specifications, guidelines or instructions under direct supervision.

Indicative positions include:

·  Meter Reader - an employee with basic numeracy and literacy skills to read devices used to monitor and record the usage of electricity;

·  Office Assistant/Receptionist.

B.3.2          Administrative Grade 2

An employee who is continuing structured training so as to enable the employee to perform a broader range of duties associated with an administrative function.

An employee at this level works under general supervision, either individually or in a team environment and performs a broader range of duties in accordance with their training and skills.

Indicative positions include:

·  Administrative Officer - an employee with experience and/or relevant training to enable them to perform a range of basic administrative or financial tasks including use of appropriate technology;

·  Customer Service Officer - an employee with good interpersonal, computing and telephone skills to operate in a call centre environment.

B.3.3          Administrative Grade 3

An employee who has Certificate III qualifications or equivalent to enable the employee to perform a broader range of administrative duties.

An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills.

Indicative positions include:

·  Administrative Officer - an employee who maintains records, journals or utilises computer packages or records relating to invoices, payroll data, petty cash etc.

B.3.4          Administrative Grade 4

An employee who has additional relevant qualifications or equivalent to enable the employee to perform a broader range of administrative duties.

An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills. An employee may perform supervisory functions within the scope of the level and assist subordinate employees with on the job training.

Indicative positions include:

·  Purchasing/Procurement Officer;

·  HR Officer/Adviser;

·  Payroll/Accounts Officer.

B.3.5          Administrative Grade 5

An employee who has additional relevant qualifications or equivalent to enable the employee to perform an extensive range of administrative duties. This may require the application of specialist training or extensive experience to interpret advanced or complex problems.

An employee at this level works under limited supervision, either individually or in a team environment and performs duties in accordance with their training and skills.

Indicative positions include:

·  Senior Administrative Officer - an employee with extensive experience and/or relevant qualifications enabling them to perform administrative or financial tasks or project coordination. This may include guidance, supervision or instruction to employees at lower levels.

B.3.6          Administrative Grade 6

An employee who has higher level qualifications or equivalent to enable the employee to perform a high level range of administrative duties or supervisory functions.

An employee at this level provides expertise in administrative guidance and supervision for either individuals or a team and performs duties in accordance with their training and skills.

Indicative positions include:

·  Senior Administrative Officer;

·  Senior Finance Officer;

·  Administrative Team Leader.

B.4              Professional/Managerial/Specialist Grade

B.4.1          Professional/Managerial/Specialist Grade 5

A professional employee at this level possesses qualifications required for their discipline (for example accounting, engineering, human resources, information technology, science, management or other relevant discipline).

A professional employee at this level undertakes initial professional tasks of limited scope and complexity. Under supervision from higher level professional employees as to method of approach and requirements, the professional employee performs normal professional work and exercises individual judgment and initiative in the application of professional principles, techniques and methods.

The professional employee may assign and check work of technical employees assigned to work on a common project.

B.4.2          Professional/Managerial/Specialist Grade 7

A professional employee at this level performs duties requiring the application of mature knowledge. The employee is an experienced professional who plans and conducts work without detailed supervision but with guidance on unusual features of work and who is usually engaged on more responsible assignments.

An employee may plan, direct, co-ordinate and supervise the work of other professional or technical employees.

A managerial or specialist employee at this level works independently as a specialist and or a senior member of a project team, exercising limited managerial responsibility where they are accountable for output

B.4.3          Professional/Managerial/Specialist Grade 8

An employee at this level takes initiative, makes independent decisions and formulates policies and procedures within established frameworks to obtain the best performance and results. Duties are assigned in broad objectives and are reviewed for policy, soundness of approach, accomplishment and effectiveness. An employee may plan, direct, manage, coordinate and supervise the work of other employees including administrative, professional, specialist or technical employees.

The employee may be a team leader having broad understanding spanning more than one professional field of work, or be a recognised authority within a particular specialised field of expertise, or both.

The employee gives expert technical advice to management and other units and takes responsibility for development and provision of systems, facilities and functions.

B.4.4          Professional/Managerial/Specialist Grade 10

An employee at this level undertakes professional, managerial or specialist work involving considerable independence, originality, ingenuity and judgment in their discipline. Duties are assigned in broad objectives and are reviewed for policy, soundness of approach, accomplishment and effectiveness.

The employee translates broader corporate objectives, strategies and policies into specific objectives, strategies and policies realisable by the organisation unit.

B.4.5          Professional/Managerial/Specialist Grade 11

An employee at this level undertakes professional, managerial or specialist work involving a high degree of independence, originality, ingenuity and judgment in their discipline.

Duties are assigned in broad objectives and are reviewed for policy, soundness of approach, accomplishment and effectiveness. An employee may plan, direct, manage, co-ordinate and supervise the work of other employees including administrative, professional, specialist or technical employees.

The employee may manage a diverse group of people to expected outcomes within established organisational protocols.

The employee may be a recognised expert in a specialist field of crucial importance and takes overall responsibility for the provision and control of systems, resources, facilities, functions and major investigations. The employee provides expert advice to senior levels to enable decisions to be made which affect significant programs. The employee would influence policy and strategy and normally formulate it.

B.5              Operations Grade

B.5.1          Operations Grade 2

An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills.

Indicative positions include:

·  Mine Operator - operates complex mining equipment and large machinery.

B.5.2          Operations Grade 3

An employee at this level works under general supervision, either individually or in a team environment and performs duties in accordance with their training and skills.

Indicative positions include:

·  Dredge Driver - an employee who has been trained and tested to a competent level in all facets of working with and operating large earth moving and coal digging machinery in an open cut mine.

B.5.3          Operations Grade 5

An employee at this level works under direct technical guidance and supervision, either individually or in a team environment and performs duties in accordance with their training and skills. The employee is directly engaged in the control and operation of electricity generation (ancillary plant), transmission and or distribution systems. The employee is engaged in tasks including but not limited to monitoring, operating and non-technical maintenance of plant and equipment, and training, supervising and co-ordinating for the above.

Indicative positions include:

·  Ancillary Plant Operator (coal plant operator; ash and dust operator);

·  System Control Room Operator/System Operator;

·  Fault Analysis Officer;

·  Plant Controller/Control Room Operator - an employee qualified to operate or control plant/network/distribution systems under supervision.

B.5.4          Operations Grade 6

An employee at this level works under general technical guidance and supervision, either individually or in a team environment and performs duties in accordance with their training and skills. The employee is engaged in the control and operation of complex electricity transmission and/or distribution systems. The employee is engaged in tasks including but not limited to monitoring, operating and maintenance of plant and equipment, and training, supervising and co-ordinating for the above.

Indicative positions include:

·  System Control Room Operator/System Operator.

B.5.5          Operations Grade 7

An employee at this level works under limited technical guidance and supervision, either individually or in a team environment and performs duties in accordance with their training and skills. The employee is engaged in the control and operation of more complex electricity generation, transmission and or distribution systems. The employee is engaged in tasks including but not limited to monitoring, operating and maintenance of plant and equipment, and training, supervising and co-ordinating for the above.

Indicative positions include:

·  Power Station Plant Operator;

·  System Operator.

B.5.6          Operations Grade 8

An employee at this level provides technical guidance and supervision and performs duties in accordance with their training and skills. The employee is directly responsible for the control and operation of electricity generation units, transmission, distribution systems or the management of mine operations. The employee is engaged in tasks including but not limited to monitoring and control, maintenance of plant and equipment, and training, supervising and co-ordinating for the above.

Indicative positions include:

·  Mine Shift Manager;

·  Power Station Plant Controller - an employee qualified to operate and control unitised power plant and supervise personnel;

·  System/Network Controller - an employee with appropriate technical qualification who operates a complex distribution and/or transmission network.

B.5.7          Operations Grade 10

An employee at this level provides high level technical guidance and supervision and performs duties in accordance with their training and skills. The employee manages on-shift operations of large power stations and has extensive industry experience.

Indicative positions include:

·  Power Station Shift Manager.


Schedule C - Supported Wage System

 

[Varied by PR991597, PR994522, PR998748, PR510670]

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

C.2                In this schedule:

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

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

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

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

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

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

C.3              Eligibility criteria

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

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

C.4              Supported wage rates

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

Assessed capacity (clause C.5)

%

Relevant minimum wage

%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

[C.4.2 varied by PR994522, PR998748, PR510670 ppc 01Jul11]

C.4.2          Provided that the minimum amount payable must be not less than $75 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 varied by PR994522, PR998748, PR510670 ppc 01Jul11]

C.10.3     The minimum amount payable to the employee during the trial period must be no less than $75 per week.

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

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


Schedule D - National Training Wage

 

[Varied by PR991597, PR994522, PR997993, PR509119]

D.1              Title

This is the National Training Wage Schedule.

D.2              Definitions

In this schedule:

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

approved training means the training specified in the training contract

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

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

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

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

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

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

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

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; or

Western Australia: Vocational Education and Training Act 1996

trainee is an employee undertaking a traineeship under a training contract

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

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

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

year 10 includes any year before Year 10

D.3              Coverage

[Varied by PR991597]

D.3.1          Subject to clauses D.3.2 to D.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix D1 to this schedule or by clause D.5.4 of this schedule.

D.3.2          This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix D1 to this schedule.

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

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

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

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

D.4              Types of Traineeship

The following types of traineeship are available under this schedule:

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

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

D.5              Minimum Wages

[D.5 substituted by PR997993, PR509119 ppc 01Jul11]

D.5.1          Minimum wages for full-time traineeships

(a)         Wage Level A

Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix D1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

 

$

$

$

School leaver

264.70

291.60

347.40

Plus 1 year out of school

291.60

347.40

404.30

Plus 2 years out of school

347.40

404.30

470.50

Plus 3 years out of school

404.30

470.50

538.70

Plus 4 years out of school

470.50

538.70

 

Plus 5 or more years out of school

538.70

 

 

(b)         Wage Level B

Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix D1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

Per week

per week

 

$

$

$

School leaver

264.70

291.60

338.10

Plus 1 year out of school

291.60

338.10

388.80

Plus 2 years out of school

338.10

388.80

456.00

Plus 3 years out of school

388.80

456.00

520.10

Plus 4 years out of school

456.00

520.10

 

Plus 5 or more years out of school

520.10

 

 

(c)         Wage Level C

Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix D1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per week

per week

per week

 

$

$

$

School leaver

264.70

291.60

338.10

Plus 1 year out of school

291.60

338.10

380.50

Plus 2 years out of school

338.10

380.50

425.00

Plus 3 years out of school

380.50

425.00

473.60

Plus 4 years out of school

425.00

473.60

 

Plus 5 or more years out of school

473.60

 

 

(d)         AQF Certificate Level IV traineeships

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

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

Wage level

First year of traineeship

Second and subsequent years of traineeship

 

per week

per week

 

$

$

Wage Level A

559.40

581.10

Wage Level B

539.70

560.40

Wage Level C

491.20

509.80

D.5.2          Minimum wages for part-time traineeships

(a)         Wage Level A

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix D1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.71

9.60

11.43

Plus 1 year out of school

9.60

11.43

13.30

Plus 2 years out of school

11.43

13.30

15.48

Plus 3 years out of school

13.30

15.48

17.72

Plus 4 years out of school

15.48

17.72

 

Plus 5 or more years out of school

17.72

 

 

(b)         Wage Level B

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix D1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.71

9.60

11.13

Plus 1 year out of school

9.60

11.13

12.79

Plus 2 years out of school

11.13

12.79

15.00

Plus 3 years out of school

12.79

15.00

17.11

Plus 4 years out of school

15.00

17.11

 

Plus 5 or more years out of school

17.11

 

 

(c)         Wage Level C

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix D1 are:

 

Highest year of schooling completed

 

Year 10

Year 11

Year 12

 

per hour

per hour

per hour

 

$

$

$

School leaver

8.71

9.60

11.13

Plus 1 year out of school

9.60

11.13

12.52

Plus 2 years out of school

11.13

12.52

13.98

Plus 3 years out of school

12.52

13.98

15.58

Plus 4 years out of school

13.98

15.58

 

Plus 5 or more years out of school

15.58

 

 

(d)         School-based traineeships

Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix D1 are as follows when the trainee works ordinary hours:

Year of schooling

Year 11 or lower

Year 12

per hour

per hour

$

$

8.71

9.60

(e)         AQF Certificate Level IV traineeships

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

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

Wage level

First year of traineeship

Second and subsequent years of traineeship

 

per hour

per hour

 

$

$

Wage Level A

18.41

19.12

Wage Level B

17.75

18.44

Wage Level C

16.16

16.77

(f)           Calculating the actual minimum wage

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

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

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

D.5.3          Other minimum wage provisions

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

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

D.5.4          Default wage rate

The minimum wage for a trainee undertaking an AQF Certificate Level I-III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix D1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I-III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

D.6              Employment conditions

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

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

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

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


Appendix D1: Allocation of Traineeships to Wage Levels

 

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

D1.1              Wage Level A

Training package

AQF certificate level

Aeroskills

II

Aviation

I
II
III

Beauty

III

Business Services

I
II
III

Chemical, Hydrocarbons and Refining

I
II
III

Civil Construction

III

Coal Training Package

II
III

Community Services

II
III

Construction, Plumbing and Services Integrated Framework

I
II
III

Correctional Services

II
III

Drilling

II
III

Electricity Supply Industry - Generation Sector

II
III (in Western Australia only)

Electricity Supply Industry - Transmission, Distribution and Rail Sector

II

Electrotechnology

I
II
III (in Western Australia only)

Financial Services

I
II
III

Floristry

III

Food Processing Industry

III

Gas Industry

III

Information and Communications Technology

I
II
III

Laboratory Operations

II
III

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

I
II
III

Manufactured Mineral Products

III

Manufacturing

I
II
III

Maritime

I
II
III

Metal and Engineering (Technical)

II
III

Metalliferous Mining

II
III

Museum, Library and Library/Information Services

II
III

Plastics, Rubber and Cablemaking

III

Public Safety

III

Public Sector

II
III

Pulp and Paper Manufacturing Industries

III

Retail Services (including wholesale and Community pharmacy)

III

Telecommunications

II
III

Textiles, Clothing and Footwear

III

Tourism, Hospitality and Events

I
II
III

Training and Assessment

III

Transport and Distribution

III

Water Industry (Utilities)

III

D1.2              Wage Level B

Training package

AQF certificate level

Animal Care and Management

I
II
III

Asset Maintenance

I
II
III

Australian Meat Industry

I
II
III

Automotive Industry Manufacturing

II
III

Automotive Industry Retail, Service and Repair

I
II
III

Beauty

II

Caravan Industry

II
III

Civil Construction

I

Community Recreation Industry

III

Entertainment

I
II
III

Extractive Industries

II
III

Fitness Industry

III

Floristry

II

Food Processing Industry

I
II

Forest and Forest Products Industry

I
II
III

Furnishing

I
II
III

Gas Industry

I
II

Health

II
III

Local Government (Operational Works)

I
II

Manufactured Mineral Products

I
II

Metal and Engineering (Production)

II
III

Outdoor Recreation Industry

I
II
III

Plastics, Rubber and Cablemaking

II

Printing and Graphic Arts

II
III

Property Services

I
II
III

Public Safety

I
II

Pulp and Paper Manufacturing Industries

I
II

Retail Services

I
II

Screen and Media

I
II
III

Sport Industry

II
III

Sugar Milling

I
II
III

Textiles, Clothing and Footwear

I
II

Transport and Logistics

I
II

Visual Arts, Craft and Design

I
II
III

Water Industry

I
II

 


D1.3              Wage Level C

Training package

AQF certificate level

Agri-Food

I

Amenity Horticulture

I
II
III

Conservation and Land Management

I
II
III

Funeral Services

I
II
III

Music

I
II
III

Racing Industry

I
II
III

Rural Production

I
II
III

Seafood Industry

I
II
III

 

 


Schedule E - School-based Apprentices

 

[Varied by PR991597]

E.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.

E.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.

E.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.

E.4                 For the purposes of clause E.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.

E.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.

E.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.

E.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.

E.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.

E.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.

E.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.

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

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Code:
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Title:
Electrical Power Industry Award 2020
Effective:
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Instrument Type:
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Electrical Power Industry Award 2020
Electrical Power Industry Award 2020
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