Table of Contents - MA000094 MA000094 - Fitness Industry Award 2010

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

13. 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 of work 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

SCHEDULE A—TRANSITIONAL PROVISIONS
SCHEDULE B—CLASSIFICATION STRUCTURE AND DEFINITIONS
SCHEDULE C—SUPPORTED WAGE SYSTEM
SCHEDULE D—NATIONAL TRAINING WAGE
APPENDIX D1:ALLOCATION OF TRAINEESHIPS TO WAGE LEVELS
SCHEDULE E—2013 PART-DAY PUBLIC HOLIDAYS
Fitness Industry Award 2010

MA000094 - Fitness Industry Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 13 November 2013 (variation PR544519).

Clauses affected by the most recent variation:

NOTE:

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

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

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

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

Table of Contents

[Varied by PR532630,PR544519]

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

13. 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 of work 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

Schedule A—Transitional Provisions

Schedule B—Classification Structure and Definitions

Schedule C—Supported Wage System

Schedule D—National Training Wage

Appendix D1:Allocation of Traineeships to Wage Levels

Schedule E—2013 Part-day public holidays

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

1. Title

This award is the Fitness Industry Award 2010.

2. Commencement and transitional

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 PR997772,PR503723,PR515150,PR531302]

3.1 In this award,unless the contrary intention appears:

      Act means the Fair Work Act 2009 (Cth)

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

[Definition of all-up casual loading inserted by PR531302 from 16Nov12]

      all-up casual loading means the all up casual loading payable to casual employees under the terms of the Notional Agreement Preserving the Health,Fitness and Indoor Sports Centres (State) Award (NSW)

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

[Definition of Division 2B State award inserted by PR503723 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 PR503723 ppc 01Jan11]

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

[Definition of employee substituted by PR997772 from 01Jan10]

      employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

      employer means national system employer within the meaning of the Act

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

      fitness industry means the operation or provision of:

      (a) fitness centres;

      (b) fitness services or classes;

      (c) group fitness organisations;

      (d) weight loss/control centres;

      (e) aquatic centres;

      (f) aquatic services or classes;

      (g) indoor sports centres;

      (h) golf driving ranges;

      (i) dance centres;

      (j) martial arts centres;and

      (k) recreational camps.

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

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

[Definition of pool inserted by PR515150 ppc 29Sep11]

      pool in the context of this award applies to a swimming pool

      standard rate means the minimum weekly wage for a Level 3 in clause 17Minimum wages

      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 PR515150,PR515378]

4.1 This industry award covers employers throughout Australia engaged in the fitness industry and their employees in the classifications in this award to the exclusion of any other modern award.

4.2 This award does not cover employers or employees covered by the following awards:

      (a) the Amusement,Events and Recreation Award 2010;

      (b) the Children’s Services Award 2010;

      (c) the Cleaning Services Award 2010;

      (d) the Hospitality Industry (General) Award 2010;

[New 4.2(e) inserted by PR515150 ppc 29Sep11;corrected by PR515378 ppc 29Sep11]

      (e) the Local Government Industry Award 2010;

[4.2(e) renumbered as 4.2(f) by PR515150 ppc 29Sep11;corrected by PR515378 ppc 29Sep11]

      (f) the Registered and Licensed Clubs Award 2010;or

[4.2(f) renumbered as 4.2(g) by PR515150 ppc 29Sep11;corrected by PR515378 ppc 29Sep11]

      (g) the Security Services Industry Award 2010.

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

4.4 This award does not cover an employee who is employed by the employer to provide administrative and other operational support outside of a fitness centre.

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

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

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

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

4.9 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 normally 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

9. Dispute resolution

8. Consultation regarding major workplace change

8.1 Employer to notify

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

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

8.2 Employer to discuss change

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

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

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

9. Dispute resolution

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

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

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

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

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

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

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Full-time employment

12. Part-time employment

13. Casual employment

14. Termination of employment

15. Redundancy

10. Types of employment

10.1 An employee may be employed in one of the following categories:

      (a) full-time;

      (b) part-time;or

      (c) casual.

11. Full-time employment

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

12. Part-time employment

12.1 A part-time employee is an employee who:

      (a) works less than the full-time hours of 38 hours per week;

      (b) has reasonably predictable hours of work;and

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

12.2 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work,specifying at least the hours worked each day,which days of the week the employee will work and the actual starting and finishing times each day.

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

12.4 An employer is required to roster a part-time employee for a minimum of three consecutive hours on a shift or a minimum of three hours,exclusive of meal breaks,on a broken shift.

12.5 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 13Casual employment.

12.6 All time worked in excess of the hours as agreed under clause 12.2 or varied under clause 12.3 will be overtime and paid for at the rates prescribed in clause 26Overtime and penalty rates.

12.7 A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed in clause 17Minimum wages for the work performed.

13. Casual employment

[Varied by PR531302]

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

13.2 A casual employee for working ordinary hours on Monday to Friday must be paid per hour at the rate of 1/38th of the minimum weekly rate prescribed in clause 17Minimum wages for the work being performed plus a casual loading of 25%.

13.3 A casual employee for working ordinary hours on a Saturday,Sunday or public holiday must be paid per hour at the rate of 1/38th of the minimum weekly rate prescribed in clause 17Minimum wages for the work being performed plus a casual loading of 30%.

13.4 Subject to clauses 13.5 and 26.3(c),a casual employee must be engaged for a minimum period of three hours’work at the appropriate rate or be paid per engagement for a minimum of three hours at the appropriate rate.

[13.5 varied by PR531302 from 16Nov12]

13.5 Notwithstanding clause 13.4 and subject to clause 26.3(c),a casual employee who is classified as a Level 2,3,3A,4 or 4A instructor or trainer or as a student undertaking practical work involvement may be engaged for a minimum period of one hour’s work at the appropriate rate or be paid per engagement for a minimum of one hour’s work at the appropriate rate.

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 the clause less any period of notice actually given by this 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 PR503723]

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 PR503723 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:

        (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 PR503723 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

17. Minimum wages

18. Allowances

19. District allowances

20. Accident pay

21. Higher duties

22. Payment of wages

23. Superannuation

16. Classifications

The classification structure and definitions for this award are set out in Schedule B—Classification Structure and Definitions. An employer must advise an employee in writing of their classification on commencement and of any changes to their classification.

17. Minimum wages

[Varied by PR997968,PR509125,PR522956,PR531302,PR536759]

17.1 Adults

[17.1 varied by PR997968,PR509125,PR522956;substituted by PR531302 from 16Nov12]

[17.1(a) deleted by PR536759 ppc 01Jul13]

[17.1(b) renumbered as 17.1(a) and varied by PR536759 ppc 01Jul13]

      (a) The minimum wages for an adult employee on the first full pay period on or after 1 July 2013 are as follows:

      Classification level

      Minimum weekly wage

      Minimum hourly wage

       

      $

      $

      Level 1

      622.20

      16.37

      Level 2

      640.20

      16.85

      Level 3

      687.60

      18.09

      Level 3A

      699.90

      18.42

      Level 4

      754.30

      19.85

      Level 4A

      766.40

      20.17

      Level 5

      805.30

      21.19

      Level 6

      811.00

      21.34

      Level 7

      829.00

      21.82

[17.1(c) renumbered as 17.1(b) and varied by PR536759 ppc 01Jul13]

      (b) The minimum wages for an adult employee on the first full pay period on or after 1 January 2014 are as follows:

      Classification level

      Minimum weekly wage

      Minimum hourly wage

       

      $

      $

      Level 1

      622.20

      16.37

      Level 2

      640.20

      16.85

      Level 3

      687.60

      18.09

      Level 3A

      712.20

      18.74

      Level 4

      754.30

      19.85

      Level 4A

      778.50

      20.49

      Level 5

      819.20

      21.56

      Level 6

      818.40

      21.54

      Level 7

      843.60

      22.20

[17.1(d) renumbered as 17.1(c) and varied by PR536759 ppc 01Jul13]

      (c) The minimum wages for an adult employee on the first full pay period on or after 1 January 2015 are as follows:

      Classification level

      Minimum weekly wage

      Minimum hourly wage

       

      $

      $

      Level 1

      622.20

      16.37

      Level 2

      640.20

      16.85

      Level 3

      687.60

      18.09

      Level 3A

      724.50

      19.07

      Level 4

      754.30

      19.85

      Level 4A

      790.50

      20.80

      Level 5

      833.10

      21.92

      Level 6

      825.90

      21.73

      Level 7

      858.20

      22.58

17.2 Juniors

      The minimum wages for a junior employee are the following percentages of the adult minimum wage for the classification appropriate to the work performed:

    Age

    %

    16 years of age and under

    55

    17 years of age

    65

    18 years of age

    75

    19 years of age

    85

    20 years of age

    100

17.3 Supported wage system

17.4 National training wage

18. Allowances

[Varied by PR998115,PR509246,PR523076,PR531302,PR536879]

18.1 Leading hands and supervisors

[18.1 varied by PR531302 from 16Nov12]

      An employee at classification Level 4A or below in charge of the following number of employees must be paid:

    Number of employees

    Amount of the standard rate % per week extra

    1 to 5

    3.0

    6 to 10

    4.1

    more than 10

    5.5

18.2 Meal allowance

[18.2 varied by PR998115,PR509246,PR523076,PR536879 ppc 01Jul13]

      An employee required to work overtime for more than one and a half hours immediately after their ordinary hours of work must be paid a meal allowance of $10.57 unless the employer provides a meal.

18.3 Vehicle allowance

[18.3(a) varied by PR523076,PR536879 ppc 01Jul13]

      (a) An employee who,by agreement with their employer,uses their own motor vehicle in the performance of duties must be paid $0.76 per kilometre travelled.

      (b) An employee who,by agreement with their employer,uses their own motorcycle in the performance of duties must be paid $0.25 per kilometre travelled.

18.4 Broken shift allowance

[18.4 varied by PR998115,PR523076,PR536879 ppc 01Jul13]

      An employee working a rostered broken shift must be paid per day 1.7% of the standard rate extra and for excess fares $1.84 extra.

18.5 First aid allowance

      An employee who is rostered by an employer to be on first aid duty at a particular time must be paid per day 0.32% of the standard rate extra.

18.6 Uniforms and protective clothing

      An employee who is required to wear specific clothing as part of their employment must be reimbursed for the reasonable cost of purchasing such clothing and laundering or dry cleaning such clothing,unless such clothing is provided by the employer without cost to the employee or is cleaned by the employer. Where such clothing is provided by the employer it will remain the property of the employer.

18.7 Travelling time and fares

      An employee who is required by the employer to travel from one place of work to another must be reimbursed by the employer all fares necessarily incurred by the employee. All time occupied in such travel is deemed to be working time and the employee must be paid at the appropriate rate.

18.8 Sleepover allowance

      (a) Sleepover means a continuous period of eight hours during which an employee is required to sleep at the workplace and be available to deal with any urgent situation which cannot be dealt with by another employee or be dealt with after the end of the sleepover period.

      (b) The employer must take all reasonable steps to enable the employee to sleep at the workplace including the provision of a bed with privacy. Access to a bathroom,toilet and a meal room must also be provided free of charge to the employee.

      (c) An employee will only sleep over if:

        (i) there is agreement between the employee and the employer with at least one week’s notice in advance,except in the case of an emergency;and

        (ii) the sleepover consists of eight continuous hours.

      (d) The sleepover allowance is equivalent to three hours payment at the employee’s ordinary rate of pay. Such payment is compensation for the sleepover and for all necessary work of up to two hours duration during the sleepover period. Any necessary work in excess of two hours during the sleepover period must be compensated at overtime rates in addition to the sleepover allowance.

      (e) An employee on a sleepover must not be required to work more than eight hours before,and/or more than eight hours after,a sleepover,unless provision has been made at a workplace to work longer hours for the purpose of providing more continuous leisure time within the roster and this arrangement has the genuine agreement of the employees affected and does not adversely affect the health and safety of the employee(s) involved.

18.9 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

      Fares allowance

      Urban transport fares sub-group

   

19. District allowances

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):

      (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):

      (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 PR503723]

[20.1 substituted by PR503723 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 PR503723 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

An employee appointed by the employer to perform the work of a classification higher than the employee’s usual classification must be paid at least the rate applicable to the higher classification for the hours worked.

22. Payment of wages

22.1 Frequency of payment

      Wages must be paid weekly or fortnightly or,by agreement between the employer and the majority of employees,monthly.

22.2 Method of payment

      Wages must be paid by cash,cheque or electronic funds transfer,as determined by the employer,into the bank or financial institution account nominated by the employee.

22.3 Day off coinciding with payday

      Where an employee is paid wages by cash or cheque and the employee is,by virtue of the arrangement of their ordinary hours,to take a day off on a day which coincides with payday,such employee must be paid no later than the working day immediately following payday. However,if the employer is able to make suitable arrangements,wages may be paid on the working day preceding payday.

22.4 Absences from duty under an averaging system

      Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments,the following applies:

      (a) The employee accrues a credit for each day the employee works ordinary hours in excess of the daily average.

      (b) The employee incurs a debit for each day of absence from duty other than when the employee is on paid leave,workers compensation or jury service.

      (c) An employee absent for part of a day (other than when the employee is on paid leave,workers compensation or jury service) incurs a proportion of the debit for the day,based on the proportion of the working day that the employee was in attendance.

23. Superannuation

[Varied by PR998455,PR530226]

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

      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;or

[23.4(b) substituted by PR530226 ppc 26Oct12]

      (b) CareSuper;or

      (c) First State Super;or

      (d) Nationwide Superannuation Fund;or

      (e) Sunsuper;or

      (f) Club Super;or

      (g) Intrust;or

      (h) ING-Integra Super;or

      (i) AMP Superannuation Savings Trust;or

      (j) Tower Life Corporate Superannuation;or

      (k) HESTA Super Fund;or

      (l) Statewide Superannuation Trust;or

      (m) Westscheme;or

      (n) Tasplan;or

[new 23.4(o) inserted by PR998455 from 1Jan10]

      (o) HOSTPLUS Superannuation Fund;or

[23.4(o) renumbered as 23.4(p) by PR998455 from 1Jan10]

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

23.5 Absence from work

      Subject to the governing rules of the relevant superannuation fund,the employer must also make the superannuation contributions provided for in clause 23.2 and pay the amount authorised under clauses 23.3(a) or (b):

      (a) Paid leave—while the employee is on any paid leave;

      (b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

        (i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements;and

        (ii) the employee remains employed by the employer.

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work and rostering

25. Breaks

26. Overtime and penalty rates

24. Ordinary hours of work and rostering

24.1 The ordinary hours of work for a full-time employee must not exceed an average of 38 hours per week over a period of four weeks. Such hours may be worked over any five days of the week,between the hours of:

      (a) 5.00 am and 11.00 pm,Monday to Friday;and

      (b) 6.00 am and 9.00 pm,Saturday and Sunday.

24.2 The ordinary hours of work for a full-time or part-time employee must not exceed 10 hours on any one day.

24.3 An employee may be rostered to work a broken shift on any day provided that:

      (a) the shift is not broken into more than two parts;

      (b) the total length of the shift is not less than three hours,exclusive of meal breaks;and

      (c) the span of hours from the start of the first part of the shift to the end of the second part of the shift is not more than 12 hours.

24.4 An employee must be notified by their employer of their rostered hours. At least seven days’notice must be given by an employer to an employee of any change in their rostered hours,except in the case of an emergency.

24.5 Rostered days off (RDO)

      (a) The employer and the majority of employees at an enterprise may agree to establish a system of RDO.

      (b) The terms of any agreement to introduce a system of RDO must be set out in the time and wages records.

      (c) Following the introduction of a system of RDO:

        (i) An employee may elect,with the consent of the employer,to take a rostered day off at any time.

        (ii) An employee may elect,with the consent of the employer,to take rostered days off in part day amounts.

        (iii) An employee may elect,with the consent of the employer,to accrue some or all rostered days off for the purpose of creating a bank to be drawn on by the employee at a time mutually agreed between the employer and the employee.

        (iv) An employer must record RDO arrangements in the time and wages record.

24.6 Make-up time

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

25. Breaks

25.1 Meal break

      An employee must be given an unpaid meal break of not less than 30 minutes and not more than 60 minutes no later than five hours after commencing work and five hours after the resumption of work from a previous meal break. An employee required to work through a meal break must be paid double time for all time so worked until a meal break is allowed.

25.2 Rest break

      An employee,other than a casual employee who works three hours or less per shift,must be allowed a paid 10 minute rest break between their time of commencing work and their meal break and a paid 10 minute rest break between their meal break and their time of ceasing work for the day.

26. Overtime and penalty rates

26.1 Overtime rates

      All time worked by an employee outside the spread of hours prescribed in clause 24.1,in excess of an average of 38 hours per week over a period of four weeks or in excess of 10 hours on any day is deemed to be overtime and must be paid at the rate of time and a half for the first two hours and double time thereafter from Monday to Saturday and at the rate of double time on a Sunday.

26.2 Break between shifts

      An employee is entitled to a minimum 10 hour break between shifts. An employee required by the employer to resume work without having a break of at least 10 hours between rostered shifts must be paid at the rate of double time for all time worked until they have had a break from work of at least 10 hours.

26.3 Payment for working Saturdays,Sundays and public holidays

      (a) Subject to clause 13.3,an employee must be paid at the rate of time and a quarter for all ordinary hours worked on a Saturday.

      (b) Subject to clause 13.3,an employee must be paid at the rate of time and a half for all ordinary hours worked on a Sunday.

      (c) Subject to clause 13.3,an employee must be paid at the rate of double time and a half for all hours worked on a public holiday. An employee required to work on a public holiday must be engaged or be paid for at least four hours work at the rate of double time and a half.

26.4 Time off instead of payment for overtime

      An employee may elect,with the consent of the employer,to take time off instead of payment for overtime at a time or times agreed with the employer,provided that:

      (a) overtime taken as time off instead of payment for overtime during ordinary hours must be taken at the ordinary time rate,that is an hour for each hour worked;and

      (b) an employer must,if requested by an employee,provide payment at the rate provided for the payment of overtime in this award for any overtime worked which has not been taken as time off instead of payment for overtime within four weeks of accrual;and

      (c) an employer sets out in the time and wages record time off instead of payment for overtime arrangements.

Part 6—Leave and Public Holidays

27. Annual leave

28. Personal/carer’s leave and compassionate leave

29. Community service leave

30. Public holidays

27. Annual leave

27.1 Annual leave is provided for in the NES.

27.2 During a period of annual leave an employee must also be paid an annual leave loading of 17.5%.

28. Personal/carer’s leave and compassionate leave

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

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 An employer and an employee may by agreement substitute another day for a public holiday.

Schedule A—Transitional Provisions

[Varied by PR503723,PR531302]

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

[A.4 substituted by PR531302 from 01Jan10]

      For the purposes of this schedule loading or penalty means a

      ●Casual or part-time loading,including an all-up casual 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 PR503723 ppc 01Jan11]

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

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

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

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

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

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

Schedule B—Classification Structure and Definitions

[Sched B varied by PR999528,PR515150,PR531302]

B.1 Level 1

B.1.1 An employee at this level works under direct supervision with specific instructions and procedures and after appropriate in-house training. Duties may include any or all of the following:

      (a) general counter duties including reception,taking bookings,members and membership enquiries,sale of products,activities organising and customer liaison;

      (b) general tidying/cleaning of immediate work area;

      (c) undertaking structured training/learning in the following areas:

        (i) clerical assistant duties including switchboard operation,reception,information services,taking bookings;

        (ii) providing general assistance to employees of a higher grade,not including cooking or direct service to customers;

        (iii) cleaning,tidying and setting up of kitchen,food preparation and customer service areas,including cleaning of equipment,crockery and general utensils;

        (iv) assembly and preparation of ingredients for cooking;

        (v) handling pantry items and linen;

        (vi) setting and/or wiping down tables,removing food plates,emptying ashtrays and picking up glasses;

        (vii) general cleaning,gardening and labouring tasks;and

        (viii) door duties,attending a cloakroom or car park not involving the handling of cash.

B.2 Level 2

B.2.1 An employee at this level has completed 456 hours training at Level 1 so as to enable the employee to perform work within the scope of this level or has a swim teacher or coach qualification.

B.2.2 An employee at this level:

      (a) performs work above and beyond the skills of an employee at Level 1 and to the level of their training;and

      (b) works from instructions or procedures and under direct supervision either individually or in a team environment,and is primarily engaged in one or more of the following duties:

        (i) assisting with classes and directing activities in a centre;

        (ii) attending to equipment and displays,e.g. pool attendant;

        (iii) providing customer advice,sales and services;

        (iv) operating a switchboard and/or telephone paging system;

        (v) clerical duties,involving intermediate keyboard skills with instructions;

        (vi) program/ticket selling and general sales involving receipt of monies and giving change,including operation of cash registers,use of electronic swipe input devices;

        (vii) laundry and/or cleaning duties involving the use of cleaning equipment and/or chemicals;

        (viii) maintaining general presentation of grounds;

        (ix) door duties,attending a cloak room or car park;

        (x) serving from a snack bar,buffet or meal counter;

        (xi) supplying,dispensing or mixing of liquor,including cleaning of bar area and equipment,preparing the bar for service,taking orders and serving drinks;

        (xii) non-cook duties in a kitchen;

[B.2.2(b)(xiii) substituted by PR999528 ppc 01Aug10]

        (xiii) beginner swimming and water safety teacher,being a holder of any current qualification with the following competencies:

          SRC AQU 003B Respond to an aquatic emergency using basic water rescue techniques;

          SRC AQU 008B Apply the principles of movement in water to aquatic activities;

          SRC AQU 010B Instruct water safety and survival skills;

          SRC AQU 009B Instruct the strokes of swimming;and

          SRC CRO 007B Operate in accordance with accepted instructional practises,styles and legal and ethical responsibilities.

        (xiv) coaching beginner swimmers (including mini and junior squads),being a holder of a current Australian Swimming Coaches and Teachers Association (ASCTA) “Junior Squad and Assistant Coach”qualification or equivalent.

B.3 Level 3

[B.3 varied by PR999528;substituted by PR515150,PR531302 from 16Nov12]

B.3.1 An employee at this level works under general supervision which requires operation within defined areas of responsibility with adherence to established guidelines and procedures and who is employed to carry out work associated with the centre’s operations.

B.3.2 An employee at this level is able to fulfil a role at Level 1 and 2 where relevant and supervises Level 1 and 2 employees where requested.

B.3.3 An employee at this level may also be:

      (a) an intermediate swimming and water safety teacher,being a holder of any current qualification with the competencies detailed in clause B.2.2(b)(xiii) above,who has:

        (i) performed 12 hours per year of recognised workshops and 250 hours of swimming and water safety teaching and who holds a second recognised instructing qualification,or

        (ii) delivered 350 hours of swimming and water safety teaching;or

      (b) a coach of beginner swimmers (including mini and junior squads),being a holder of a current ASCTA “Bronze Licence for Coaching”or equivalent.

      (c) a pool lifeguard who has completed a nationally-recognized Lifeguarding qualification,and has been appointed to the position of pool lifeguard by the employer.

B.4 Level 3A

[B.4 varied by PR999528;substituted by PR515150,PR531302 from 16Nov12]

B.4.1 An employee at this level performs the duties of a Level 3 and who:

      (a) holds an Fitness Industry AQF Certificate Level III qualifications relevant to the classification in which they are employed or equivalent;and

      (b) utilises the skills and knowledge derived from the Fitness Industry AQF Certificate Level III competencies relevant to the work undertaken at this level.

B.4.2 Any dispute concerning an employee’s entitlement to be paid at Level 3A may be referred to Fair Work Australia for determination. Fair Work Australia may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge derived from the Fitness Industry Certificate III competencies,and that these are relevant to the work the employee is doing.

B.5 Level 4

[B.5 substituted by PR531302 from 16Nov12]

B.5.1 An employee at this level works under limited supervision and guidance and is required to exercise initiative and judgment in the performance of their duties and who is employed to carry out work associated with the centre’s operations.

B.5.2 An employee at this level receives broad instructions and their work is checked intermittently.

B.5.3 An employee at this level may also be:

      (a) an experienced swimming and water safety teacher,being a holder of any current qualification with the competencies detailed in clause B.2.2(b)(xiii) above,who has:

        (i) performed 12 hours per year of recognised workshops and 500 hours of swimming and water safety teaching and who holds a third recognised teaching qualification,or

        (ii) delivered 700 hours of swimming and water safety teaching;or

      (b) a coach of beginner swimmers (including mini and junior squads),being a holder of a current ASCTA “Bronze Licence for Coaching”or equivalent,who has:

        (i) performed 12 hours per year of recognised workshops and 500 hours of coaching beginners and attended a recognised seminar/conference within the past 12 months,or

        (ii) delivered 700 hours of coaching beginners.

      (c) a senior pool lifeguard,being a holder of industry-recognized pool lifeguard qualifications and who has been appointed by the employer to lead a team comprised of qualified pool lifeguards,

      and/or persons undertaking a nationally-recognized course of Lifeguarding to become pool lifeguards.

B.6 Level 4A

[B.6 substituted by PR531302 from 16Nov12]

B.6.1 An employee at this level performs the duties of a Level 4:

      (a) holds an Fitness Industry AQF Certificate Level IV qualifications relevant to the classification in which they are employed or equivalent;

      (b) utilises the skills and knowledge derived from the Fitness Industry AQF Certificate Level IV competencies relevant to the work undertaken at this level.

B.6.2 Any dispute concerning an employee’s entitlement to be paid at Level 4A may be referred to Fair Work Australia for determination. Fair Work Australia may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge derived from the AQF Certificate Level IV competencies,and that these are relevant to the work the employee is doing.

B.7 Level 5

[B.7 substituted by PR531302 from 16Nov12]

B.7.1 An employee at this level:

      (a) holds a Fitness Industry AQF Diploma level or equivalent;

      (b) utilises the skills and knowledge derived from the Fitness Industry AQF Diploma Level relevant to the work undertaken at this level;

      (c) is employed to carry out work associated with the classification of Fitness Trainer or Fitness Specialist;and

      (d) has demonstrated an ability to train or develop programs for special groups.

B.7.2 An employee at this level exercises high levels of initiative and judgment with broad instruction in the performance of their duties. An employee at this level would be able to supervise Level 4 employees where requested.

B.8 Level 6

[B.8 substituted by PR531302 from 16Nov12]

B.8.1 An employee at this level has duties which include but are not limited to:

      (a) supervision of front desk,including customer liaison and rostering of front office staff;

      (b) supervision,training and co-ordination (including rostering) of employees within their respective work area to ensure delivery of service;

      (c) those of a trade qualified person in a single trade stream and the giving of trade directions to Level 1 to 5 employees;

      (d) supervision of floor staff;or

      (e) overseeing the day to day activities and operations of the business.

B.9 Level 7

[B.9 inserted by PR531302 from 16Nov12]

B.9.1 An employee at this level is engaged in supervising,training and coordinating employees,is responsible for the maintenance of service and operational standards and exercises substantial responsibility and independent initiative and judgment with a requisite knowledge of their specific field and of the employer’s business.

B.9.2 An employee at this level has:

      (a) worked or studied in a relevant field and/or has specialist knowledge,qualifications and experience;

      (b) formal trade or technical qualifications relevant to the employer in more than one trade or technical field,which are required by the employer to perform the job;or

      (c) specialist post-trade qualifications which are required by the employer to perform the job and organisation or industry specific knowledge sufficient for them to give advice and/or guidance to their organisation and/or clients in relation to specific areas of their responsibility.

B.9.3 Indicative duties at this level are:

      (a) general supervision of catering or retail functions;

      (b) centre administration involving supervision of staff and systems and co-ordinating events;or

      (c) development of in-house training programs for instructors and co-ordinators.

[B.10 inserted by PR531302 from 16Nov12]

B.10 Employees classified under the provisions of B.2.2(a),B.2.2(b),B.3.3,B.4.1,B.5.3,B.6.1,B.7.1,B.8.1,B.9.2 will hold,at all times,the relevant accreditations required by both this award’s classification descriptors and state and territory legislation permitting work with children (e.g. Child Protection Police Checks). In the event of any employee losing,having suspended,or being refused such accreditation,they will advise their employer(s) within 14 days of such loss,refusal or suspension.

Schedule C—Supported Wage System

[Sched C varied by PR998748,PR510670,PR525068,PR537893]

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 PR998748,PR510670,PR525068,PR537893 ppc 01Jul13]

C.4.2 Provided that the minimum amount payable must be not less than $78 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 PR998748,PR510670,PR525068,PR537893 ppc 01Jul13]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $78 per week.

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

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

Schedule D—National Training Wage

[Sched D varied by PR997968,PR509125,PR522956,PR536759]

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

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 PR997968,PR509125,PR522956,PR536759 ppc 01Jul13]

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

      279.50

      307.90

      366.80

      Plus 1 year out of school

      307.90

      366.80

      426.80

      Plus 2 years out of school

      366.80

      426.80

      496.70

      Plus 3 years out of school

      426.80

      496.70

      568.70

      Plus 4 years out of school

      496.70

      568.70

       

      Plus 5 or more years out of school

      568.70

        

      (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

      279.50

      307.90

      356.90

      Plus 1 year out of school

      307.90

      356.90

      410.50

      Plus 2 years out of school

      356.90

      410.50

      481.40

      Plus 3 years out of school

      410.50

      481.40

      549.10

      Plus 4 years out of school

      481.40

      549.10

       

      Plus 5 or more years out of school

      549.10

        

      (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

      279.50

      307.90

      356.90

      Plus 1 year out of school

      307.90

      356.90

      401.70

      Plus 2 years out of school

      356.90

      401.70

      448.70

      Plus 3 years out of school

      401.70

      448.70

      500.00

      Plus 4 years out of school

      448.70

      500.00

       

      Plus 5 or more years out of school

      500.00

        

      (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

        590.60

        613.50

        Wage Level B

        569.80

        591.70

        Wage Level C

        518.50

        538.20

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

      9.19

      10.14

      12.07

      Plus 1 year out of school

      10.14

      12.07

      14.05

      Plus 2 years out of school

      12.07

      14.05

      16.34

      Plus 3 years out of school

      14.05

      16.34

      18.70

      Plus 4 years out of school

      16.34

      18.70

       

      Plus 5 or more years out of school

      18.70

        

      (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

      9.19

      10.14

      11.75

      Plus 1 year out of school

      10.14

      11.75

      13.50

      Plus 2 years out of school

      11.75

      13.50

      15.84

      Plus 3 years out of school

      13.50

      15.84

      18.07

      Plus 4 years out of school

      15.84

      18.07

       

      Plus 5 or more years out of school

      18.07

        

      (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

      9.19

      10.14

      11.75

      Plus 1 year out of school

      10.14

      11.75

      13.21

      Plus 2 years out of school

      11.75

      13.21

      14.76

      Plus 3 years out of school

      13.21

      14.76

      16.45

      Plus 4 years out of school

      14.76

      16.45

       

      Plus 5 or more years out of school

      16.45

        

      (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

      $

      $

      9.19

      10.14

      (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

        19.43

        20.18

        Wage Level B

        18.73

        19.46

        Wage Level C

        17.06

        17.71

      (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—2013 Part-day public holidays

[Sched E inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13]

This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.

E.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2013) or New Year’s Eve (31 December 2013) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

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

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

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

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

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

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

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

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

This schedule is an interim provision and subject to further review.

** end of text **

About this document
(1)
Code:
MA000094
Title:
Fitness Industry Award 2020
Effective:
1 Jul 2021
Instrument Type:
Modern Award
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Fitness Industry Award 2020
Fitness Industry Award 2020
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Fitness Industry Award 2020
Fitness Industry Award 2020
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Fitness Industry Award 2020
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Fitness Industry Award 2020
Fitness Industry Award 2020
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Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
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Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
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Fitness Industry Award 2020
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Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
Fitness Industry Award 2020
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(1)
2 Sep 2016
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1.0.11.0 SA