Labour Market Assistance Industry Award 2010

The above award was first made on 4 December 2009 [PR991065]

This consolidated version of the award includes variations made on 4 June 2010 [PR997772]; 21 June 2010 [PR998122]; 21 June 2010 [PR998000]; 29 June 2010 [PR998748]

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

Table of Contents

Part 1 - Application and Operation

1.              Title

2.              Commencement and transitional

3.              Definitions and interpretation

4.              Coverage

5.              Access to the award and the National Employment Standards

6.              The National Employment Standards and this award

7.              Award flexibility

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

9.              Dispute resolution

Part 3 - Types of Employment and Termination of Employment

10.              Types of employment

11.              Termination of employment

12.              Redundancy

Part 4 - Minimum Wages and Related Matters

13.              Classifications

14.              Minimum weekly wages

15.              Supported wage system

16.              Allowances

17.              District allowances

18.              Accident pay

19.              Superannuation

20.              Payment of wages

Part 5 - Hours of Work and Related Matters

21.              Ordinary hours of work

22.              Breaks

23.              Overtime and penalty rates

24.              Higher duties

Part 6 - Leave and Public Holidays

25.              Annual leave

26.              Personal/carer's leave and compassionate leave

27.              Community service leave

28.              Public holidays

29.              Aboriginal and Torres Strait Islander ceremonial leave

Schedule A - Transitional Provisions

Schedule B - Classification Definitions

Schedule C - Supported Wage System

Schedule D - National Training Wage

Appendix D1: Allocation of Traineeships to Wage Levels

Part 1 - Application and Operation

1.              Title

This award is the Labour Market Assistance 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]

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)

arrangement or contract with federal or State governments does not include the delivery of recruitment, outplacement, on-hire or similar services to federal or state governments to address its own workforce needs

award-based transitional instrument has the meaning in 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)

labour market assistance industry means the provision of work placement, job searching, personal support, vocational training and related services in the welfare sector, delivered by arrangement or contract with federal and State governments, to assist persons seeking employment

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

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

standard rate means the minimum weekly wage for an Administrative assistant - Pay point 2 in clause 14.1

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

4.1              This industry award covers employers in the labour market assistance industry throughout Australia and their employees in the classifications listed in Schedule B - Classification Definitions to the exclusion of any other modern award.

4.2              The award does not cover employers and employees covered by the Supported Employment Services Award 2010.

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

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

4.5              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.

4.6              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.

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

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

5.              Access to the award and the National Employment Standards

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

6.              The National Employment Standards and this award

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

7.              Award flexibility

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

(a)              arrangements for when work is performed;

(b)              overtime rates;

(c)              penalty rates;

(d)              allowances; and

(e)              leave loading.

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

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

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

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

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

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

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

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

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

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

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

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

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

7.8              The agreement may be terminated:

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

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

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

Part 2 - Consultation and Dispute Resolution

8.              Consultation regarding major workplace change

8.1              Employer to notify

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

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

8.2              Employer to discuss change

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

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

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

9.              Dispute resolution

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

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

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

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

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

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

Part 3 - Types of Employment and Termination of Employment

10.              Types of employment

10.1              Employment categories

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

(i)              full-time employment;

(ii)              part-time employment;

(iii)              casual employment; or

(iv)              sessional employment.

(b)              At the time of engagement, an employer must, for each new employee (except a casual employee), specify:

(i)              an outline of the main duties of the position;

(ii)              the employee's regular hours of work and the employee's normal span of hours for ordinary duty in accordance with clause 21 - Ordinary hours of work;

(iii)              the employee's classification and rate of pay; and

(iv)              the nature of the engagement in accordance with clause 10.1(a).

10.2              Full-time employment

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

10.3              Part-time employment

(a)              A part-time employee is one who is engaged to work a specified number of regular hours being less than 38 hours per week or an average of 38 hours per week.

(b)              A part-time employee's hours of work may be temporarily varied up to a maximum of 38 hours per week by agreement between the employer and an individual employee.

(c)              The terms of this award will apply to part-time employees as provided to full‑time employees on a pro rata basis.

(d)              By mutual agreement between the employer and employee, a part-time employee may be paid a loading of 25% on their hourly rate and not have an entitlement to annual leave, personal/carers' leave or payment for public holidays. Such agreement will not alter the employee's status as a part-time employee.

10.4              Casual employment

(a)              A casual employee means an employee who is engaged intermittently by the hour for work of an unexpected or casual nature and does not include an employee who could properly be engaged as a full-time, part-time or sessional employee.

(b)              An employee engaged as a casual employee will be engaged for a minimum period of two consecutive hours per engagement.

(c)              A casual employee will be paid for each hour worked during the ordinary hours of work provided in clause 21 - Ordinary hours of work, a rate equal to 1/38th of the weekly rate appropriate to the employee's classification. In addition, a loading of 25% of that rate will be paid.

(d)              Where a casual employee is employed outside of the ordinary span of hours provided in clause 21 - Ordinary hours of work, the hourly rate (exclusive of the 25% loading) will be increased by the penalty rates provided in clause 23 - Overtime and penalty rates.

10.5              Sessional employment

(a)              An employee may be engaged on a sessional basis to provide training sessions to clients.

(b)              A sessional employee will be engaged for a minimum of two consecutive hours in any one day.

(c)              A sessional employee will be paid the minimum casual hourly rate equivalent to the casual hourly rate of pay for a Training and placement officer grade 1 Pay point 3.

(d)              In addition, a sessional employee will be paid for preparation and associated non-teaching/training tasks. This payment can be paid by either:

(i)              incorporating a loading of 33.3% into the hourly rate, provided that this rate is separately expressed; or

(ii)              paying the employee one hour's preparation/associated non‑teaching/training tasks for every three hours' teaching up to a maximum of five additional hours per week.

(e)              An employer who employs a sessional employee under the terms of clause 10.5(d)(i) will not be obliged to pay the preparation loading in respect of any period involving staff training or staff meetings.

(f)              Upon engagement, in addition to the requirements specified for contracts of employment provided in clause 10.1 of this award, the employer will provide written advice to the employee setting out the particular arrangements for preparation and associated non-teaching/training tasks which will apply in respect of the employee.

(g)              Cancellation provisions

If a training course is cancelled and the employer no longer requires the services of a sessional employee engaged for the course, the employer will provide the sessional employee with two weeks' notice of termination or payment instead of notice equivalent to two weeks' pay (inclusive of preparation loading or preparation time).

11.              Termination of employment

11.1              Notice of termination is provided for in the NES.

11.2              Notice of termination by an employee

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

11.3              Job search entitlement

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

12.              Redundancy

12.1              Redundancy pay is provided for in the NES.

12.2              Transfer to lower paid duties

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

12.3              Employee leaving during notice period

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

12.4              Job search entitlement

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

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

(c)              This entitlement applies instead of clause 11.3.

12.5              Transitional provisions

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

(i)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-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 12.5 ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

13.              Classifications

13.1              All employees covered by this award must be classified according to the structure and definitions set out in Schedule B - Classification Definitions.

13.2              Progression

(a)              At the end of each 12 months' continuous employment, an employee will be eligible for progression from one pay point to the next within a classification if:

(i)              the employee has demonstrated competency and satisfactory performance over a minimum of 12 months at each pay point within the classification; and

(ii)              the employee has acquired and satisfactorily used new or enhanced skills if required by the employer.

(b)              Competency and satisfactory performance is deemed to be satisfactory by the employer in accordance with its employment policies and procedures.

(c)              Movement to a higher classification will only occur by way of promotion or reclassification.

13.3              Salary packaging

Where agreed between the employer and a full-time or part-time employee, an employer may introduce remuneration packaging in respect of salary, as provided for in clause 14 - Minimum weekly wages. The terms and conditions of such a package must not, when viewed objectively, be less favourable than the entitlements otherwise available under this award.

14.              Minimum weekly wages

[14 varied by PR998000 ppc 01Jul10]

14.1              Administrative assistant

14.2              Administrative officer

14.3              Training and placement officer grade 1

14.4              Training and placement officer grade 2

14.5              Training and placement co-ordinator

14.6              Manager grade 1

14.7              Manager grade 2

15.              Supported wage system

See Schedule C

16.              Allowances

[Varied by PR998122]

16.1              Meal allowance

[16.1 varied by PR998122 ppc 01Jul10]

Employees will be entitled to a meal allowance of $12.69 in the following circumstances:

(a)              where the employee works overtime in excess of two hours on any of the days upon which ordinary hours are worked; or

(b)              where the employee works five hours or more on a day which is not an ordinary working day.

16.2              First aid allowance

An employee who is required by their employer to perform first aid duty at their workplace who holds a current first aid certificate issued by St John Ambulance or the Australian Red Cross Society or equivalent qualification will be paid a weekly allowance of 1.67% of the standard rate.

16.3              Vehicle allowance

(a)              Where an employee is required to use their own motor vehicle on the employer's business, the employee is entitled to be reimbursed at the rate of $0.74 per kilometre.

(b)              An employee required to travel by other means in connection with their work will be reimbursed all reasonable travelling expenses so incurred with reasonable proof of such expenses to be provided by the employee to the employer.

(c)              Where an employee is called on duty at night or other than their normal hours, or on any non-working day, they will be reimbursed their fares, or if using their own vehicle to travel between home and the place of work, receive a vehicle allowance, as provided in clause 16.3(a).

(d)              Where an employee is required to use their own motor vehicle on the employer's business and, by reason of that use, the employee is required, under the law in force in the State or Territory in which the motor vehicle is registered, to pay a fee for the registration of the motor vehicle that exceeds the fee that they would otherwise have been required to pay under that law for the registration of the motor vehicle, the employee is entitled to be paid, by way of reimbursement, an amount equal to the amount of the excess.

(e)              Where an employee is required to use their own motor vehicle on the employer's business and, by reason of that use, the employee is required to pay an amount by way of full comprehensive insurance premium that exceeds the amount that the employee would otherwise have been required to pay by way of full comprehensive insurance premium, the employee is entitled to be paid by way of reimbursement an amount equal to the amount of the excess.

16.4              Travelling expenses

An employee required to stay away from home overnight will be reimbursed the cost of reasonable board, lodging and meals. Reasonable proof of costs so incurred is to be provided by the employee to the employer.

16.5              Excursions

Where an employee is required to supervise clients in excursion activities involving overnight stays away from home, the following provisions will apply:

(a)              payment at ordinary rates of pay for time worked between the hours of 8.00 am to 6.00 pm Monday to Sunday up to a maximum of eight hours per day; and

(b)              in addition, payment of a sleepover allowance of 7.76% of the standard rate will be made for every night spent away from home while on excursions.

16.6              Adjustment of expense related allowances

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

(b)              The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

17.              District allowances

17.1              Northern Territory

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

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

17.2              Western Australia

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

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

17.3              This clause ceases to operate on 31 December 2014.

18.              Accident pay

18.1              Subject to clause 18.2, an employee is entitled to accident pay in accordance with the terms of:

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

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

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

18.4              This clause ceases to operate on 31 December 2014.

19.              Superannuation

19.1              Superannuation legislation

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

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

19.2              Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

19.3              Voluntary employee contributions

(a)              Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.

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

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

19.4              Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or (b) to any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund or its successor is an eligible choice fund.

19.5              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 19.2 and pay the amount authorised under clauses 19.3(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.

20.              Payment of wages

All wages will be paid weekly, fortnightly, four weekly or monthly by cash, cheque or electronic transfer in accordance with the arrangements determined by the employer and not more than five days following the end of the pay period.

Part 5 - Hours of Work and Related Matters

21.              Ordinary hours of work

21.1              Ordinary hours of work

The ordinary hours of work will be no more than an average of 38 hours per week to be worked over 152 hours within a work cycle not exceeding 28 days and not exceeding 10 hours in any one day.

21.2              Span of hours

The ordinary hours of work will be worked between 6.00 am and 8.00 pm Monday to Friday.

21.3              Flexible hours

(a)              Accrued days/time off

The following arrangements will apply in respect of full-time employees working in accordance with the working hours option specified in 21.1:

(i)              Within each workplace there will be a written roster which provides full‑time employees with at least two weeks' notice of the accrued days/time off in accordance with the working hours arrangements under this option.

(ii)              Except in unforeseen circumstances, in any workplace where more than one employee is employed, accrued days/time off will be rostered in such a manner that the service will not be closed on any weekday on which the service would normally be open.

(iii)              Accrued days/time off will be taken in accordance with the roster. However, on the initiative of either the employer or the employee, and by agreement between the employer and the employee, or in exceptional or emergency situations, such time off may be deferred, in which case it must be taken off as soon as possible thereafter.

(iv)              Where possible, an accrued day off will be taken in conjunction with normal weekend days off.

(b)              Accrued days off falling on public holidays

Where an employee's accrued day off falls on a public holiday, another day will be determined by mutual agreement of the employee and the employer to be taken instead, such day to be taken within the same or next four weekly work cycle.

21.4              Hours of work - flexible working hours option

(a)              Flexible working hours option - limitations

Notwithstanding the provisions of clause 21 - Ordinary hours of work, an employer may offer and an employee may agree to accept to work flexible working hours (flexitime). Such agreement will be recorded and signed by the employee and employer and filed with the relevant wage and time records.

(b)              Definitions

(i)              Flexible working hours (flexitime) means a system which allows employees to set their own patterns of attendance at work subject to the provisions of this award and the requirements of the workplace.

(ii)              Standard day means seven hours and 36 minutes per day worked in a continuous shift at any time within a designated 12 hour spread of hours, such designated spread being between 6.00 am and 8.00 pm Monday to Friday.

(iii)              Bandwidth means the span of any time on any day within which an employee may work as part of a flexible working hours arrangement subject to this award.

(iv)              Core time means the period during the day when all employees will perform ordinary duty unless absent upon approved leave or core time leave. Unless otherwise agreed in a workplace, core time will be between the hours of 9.30 am and 12 noon as well as between 2.00 pm and 4.30 pm.

(v)              Core time leave means any approved absence during core time other than approved leave.

(vi)              Approved leave means any leave of absence other than core time approved by the employer.

(vii)              Flex credit means the accumulated amount of time worked by an employee in excess of the standard days in the settlement period, including any carry-over, provided that any such time worked as overtime will not be taken into account.

(viii)              Flex debit means the difference between the sum of the standard days in a settlement period and the aggregate amount of time worked by an employee where the total time worked is less than the sum of the standard days in the settlement period after any necessary adjustment has been made for an absence of approved paid leave and includes any carry over.

(ix)              Carry over means the aggregate of flex credit or flex debit which an employee has accumulated during a settlement period which, subject to this award, the employee may carry over to the next settlement period.

(x)              Settlement period means the ordinary working days over which calculations are made to determine flex credit or flex debit carry over and will be a fixed period of 10 working days aligned with the fortnightly pay period operating in the workplace.

(c)              Under flexible working hour's arrangements, the times of commencement and cessation of duty will be subject to agreement between the employer and the employee.

(d)              An employee's attendance outside the hours of a standard day will be subject to the availability of work and the approval, which may be general or specific, of the employer.

(e)              Where it is reasonable to do so because an employee has failed to comply with the provisions of flexible working hours (flexitime), an employer may for a specified period require that an employee will revert to working an average 38 hour week prescribed in clause 21.1.

(f)              Bandwidth

Unless otherwise agreed in a workplace, a bandwidth will commence at 8.00 am and will conclude at 6.00 pm.

22.              Breaks

22.1              Meal breaks

An employee will not work more than five hours without being entitled to an unpaid meal break of not less than 30 minutes and not more than 60 minutes duration.

22.2              Rest breaks

A paid rest period of 10 minutes will be allowed each morning between the time of commencing work and the usual meal interval.

23.              Overtime and penalty rates

23.1              Entitlement to payment for overtime

(a)              A full-time employee will be entitled to overtime where the employee works more than 152 hours in any 28 day period or where the employee works outside of the spread of ordinary hours provided for in clause 21 - Ordinary hours of work.

(b)              A part-time employee will be entitled to overtime where they work in excess of their prescribed hours of duty provided that overtime will not be paid where the employer and employee have agreed to a temporary variation of working hours in which case overtime will apply for work in excess of the mutually agreed varied working hours. A part-time employee will be entitled to overtime if they work in excess of 38 hours in any one week on greater than 10 hours in any one day .

(c)              A casual employee will be entitled to overtime if they work in excess of 38 hours in any one week or greater than 10 hours in any one day.

(d)              Overtime will only be worked with the prior approval of the employer except in emergency situations where prior approval has not been obtained.

23.2              Overtime rates

(a)              An employee who is required to work overtime will be paid at the rate of time and a half for the first two hours of overtime worked and double time thereafter for overtime worked Monday to Saturday.

(b)              An employee who is required to work overtime will be paid double time for all overtime worked on Sundays.

(c)              An employee who, with the approval of the employer, works on a public holiday will be paid, in addition to the payment for the public holiday, at the following rates:

(i)              time and a half for work performed during ordinary hours of work; and/or

(ii)              double time and a half for work performed outside ordinary hours of work.

23.3              Time off instead of payment for overtime

(a)              Where there is agreement between the employer and employee, time off instead of payment for overtime may be taken at the appropriate penalty equivalent.

(b)              Such agreement may be discontinued by mutual consent of both parties or at the request of one party.

(c)              By mutual agreement, where an employee has accumulated time off instead of payment for overtime the employee may take the time off in conjunction with annual leave. In such circumstances the time off instead of payment for overtime will not attract the annual leave loading.

(d)              If accumulated time off instead of payment for overtime has not been taken within two pay periods and there is no agreement in accordance with clause 23.3(a), payment for the overtime worked will be made in the next pay period, unless otherwise agreed between the employer and the employee.

(e)              Time off instead of payment for overtime will be calculated by converting to time the amount of overtime worked together with the amount in time of the applicable overtime penalty.

(f)              No employee will be entitled to payment for overtime or to time off instead of payment for overtime for a meal break not taken by the employee unless the employee was the only staff member on duty at the workplace at that time.

23.4              Rest period after overtime

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

(b)              An employee who works so much overtime between the termination of their last previous rostered ordinary hours of duty and the commencement of the next succeeding rostered period of duty that they would not have at least 10 consecutive hours off duty between those times, will, subject to this subclause, be released after completion of such overtime until they have had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during such absence.

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

23.5              Recall to work overtime

(a)              An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of four hours' work at the appropriate rate for each time they are recalled or be granted equivalent time off instead of payment for overtime in accordance with clause 23.3.

(b)              Except, in the case of unforeseen circumstances, the employee will not be required to work the full four hours if the job they were recalled to perform is completed within a shorter period.

23.6              Penalty rates for ordinary hours of work

(a)              An employee will receive the following payment for working any of their ordinary hours outside the normal spread of hours provided in clause 21.1:

(i)              a loading of 20% on their ordinary rate of pay for work performed between 8.00 pm and midnight Monday to Friday inclusive;

(ii)              a loading of 35% on their ordinary rate of pay for work performed between the hours of midnight and 6.00 am from Sunday to Friday inclusive;

(iii)              a loading of 75% on their ordinary rate of pay for work performed between midnight Friday and midnight Saturday; and

(iv)              a loading of 100% on their ordinary rate of pay for work performed between midnight Saturday and midnight Sunday.

(b)              An employee will be rostered so as to provide two consecutive days off in any seven day period.

(c)              An employee required to work between midnight Saturday and midnight Sunday as part of their ordinary hours of duty will be provided with a minimum of two hours ordinary time on each occasion so engaged.

(d)              By mutual agreement, employees who work between midnight Saturday and midnight Sunday may take the equivalent time off instead of payment of the loading.

(e)              The loadings payable in clause 23.6(a) will be in substitution of and not cumulative on overtime and time off instead of payment for overtime as provided for in clauses 23.1 and 23.3.

24.              Higher duties

An employee who is called upon by the employer to perform the duties of another employee in a higher classification for five consecutive working days or more will be paid for the period for which duties are assumed at a rate not less than the minimum rate prescribed for the higher classification. Where the minimum rate of the higher classification is the same as the relieving employee's current rate, the relieving employee will be paid at the higher classification at the first pay point above their current rate.

Part 6 - Leave and Public Holidays

25.              Annual leave

25.1              Annual leave is provided for in the NES. This clause contains additional provisions.

25.2              Annual leave loading

In addition to their ordinary pay, an employee will be paid an annual leave loading of 17.5% of their ordinary rate of pay.

25.3              Illness or injury during annual leave

Where an employee falls ill or suffers an injury while on annual leave and provides to their employer a medical certificate to show that they are or were incapacitated to the extent that they would be unfit to perform their normal duties, they will be granted, at a time convenient to the employer, additional leave equivalent to the period of incapacity falling within the said period of annual leave provided that the period of incapacity is of at least five working days' duration. Subject to accrued personal/carer's leave, the period of certified incapacity will be paid for and debited as personal/carer's leave.

25.4              Additional annual leave

(a)              This applies to a full-time or part-time employee stationed in any locality:

(i)              in Queensland, north of the 21st parallel of south latitude or west of the 144th meridian of east longitude;

(ii)              in Western Australia, north of the 24th parallel of south latitude and in Carnarvon; and

(iii)              in the Northern Territory.

(b)              After each 12 months' continuous service, a full-time or part-time employee is entitled to:

(i)              for full-time employees, 38 hours annual leave in addition to that prescribed in the NES; or

(ii)              for part-time employees, one week's annual leave calculated on the basis of the average weekly number of hours worked over the previous twelve months.

(c)              Clause 25.4 applies until 31 December 2014.

26.              Personal/carer's leave and compassionate leave

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

27.              Community service leave

Community service leave is provided for in the NES.

28.              Public holidays

28.1              Public holidays are provided for in the NES. This clause contains additional provisions.

28.2              Payment for working on a public holiday

An employee who works on a public holiday will be paid at the rate of double time and a half of their ordinary rate of pay for all time worked.

28.3              Public holiday substitution

(a)              An employer and the majority of employees may agree to substitute another day for any provided for in the NES.

(b)              An employer and an individual employee may agree to substitute a public holiday specified in the NES for the National Aboriginal Day of Celebration, without loss of pay, on the day it is celebrated in the State in which the employee is employed. Provided that by mutual agreement instead of this day being taken as a substituted public holiday it may be taken as an annual leave day or a flexitime day.

29.              Aboriginal and Torres Strait Islander ceremonial leave

29.1              An employee who is legitimately required by the employee's Aboriginal or Torres Strait Islander tradition to be absent from work for ceremonial purposes will be entitled to up to 10 working days unpaid leave in any one year. The employee must be able to establish to the employer that they have an obligation under Aboriginal or Torres Strait Islander custom and/or traditional law to participate in ceremonial activities in order to be granted such leave without pay for a maximum period of 10 days per year, or for such extension granted by the employer. Such leave will not affect the employee's entitlement to personal/carer's leave and compassionate leave provided by the NES.

29.2              Approval of all Aboriginal and Torres Strait Islander ceremonial leave will be subject to the employer's convenience and will not unreasonably affect the operation of the work concerned but will not be unreasonably withheld.

Schedule A
- Transitional Provisions

A.1              General

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

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

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

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

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

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

A.2              Minimum wages - existing minimum wage lower

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

(a)              was obliged,

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

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

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

A.2.2              In this clause minimum wage includes:

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

(b)              a piecework rate; and

(c)              any applicable industry allowance.

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

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

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

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

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

A.3              Minimum wages - existing minimum wage higher

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

(a)              was obliged,

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

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

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

A.3.2              In this clause minimum wage includes:

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

(b)              a piecework rate; and

(c)              any applicable industry allowance.

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

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

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

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

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

A.4              Loadings and penalty rates

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

·              casual or part-time loading;

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

·              shift allowance/penalty.

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

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

(a)              was obliged,

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

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

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

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

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

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

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

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

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

(a)              was obliged,

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

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

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

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

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

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

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

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

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

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

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

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

Schedule B
- Classification Definitions

B.1              Administrative assistant

B.1.1              Administrative assistant means a person engaged to perform a range of clearly defined administrative, including financial and clerical duties, under the direct supervision of the Manager or another employee with delegated supervisory responsibility. The duties will be clearly defined. Once familiar with the workplace, an Administrative assistant may be expected to exercise limited discretion and solve minor problems arising in the course of their duties and within clearly defined procedures, guidelines and policies of the service. Instruction and assistance will be readily available.

B.1.2              Requirements

(a)              A person employed as an Administrative assistant will be able to:

(i)              satisfactorily perform a range of routine general office duties of a clerical and/or support nature including, but not limited to, filing and the maintenance of existing records systems;

(ii)              perform general reception and telephonist duties including the accurate provision of information;

(iii)              demonstrate proficiency in the straightforward operation of keyboard equipment including data input and basic word processing; and

(iv)              demonstrate proficiency in the use of available office technology.

(b)              With experience, an Administrative assistant will be able to perform program support and/or more complex administrative duties including, but not limited to, petty cash control, ordering and invoicing under the direction of the project manager or another employee with delegated supervisory responsibility. Such an employee may also provide limited direct support to clients of the service undertaking self-paced instructional packages and/or limited pre-employment activities and services which do not require a level of skill and/or responsibility more properly exercised by a more senior employee. Such duties may also include provision of assistance to more senior employees in client selection and referral activities, and preparation and maintenance of client records under supervision.

(c)              An Administrative assistant performing these duties will receive payment at no less than Pay point 2 within this classification.

(d)              An Administrative assistant will not be required to supervise other staff or volunteers.

(e)              No formal qualifications are required.

B.2              Administrative officer

B.2.1              Administrative officer means a person engaged to perform and be responsible to the Manager of a service for a range of administrative duties and including, but not limited to financial, accounting and clerical duties ranging from the simple to the complex, for office management and for supervision of other administrative and support employees including trainees. In keeping with the nature of client services offered by the employer, an Administrative officer will also liaise from time to time with clients of the service and other service providers.

B.2.2              Requirements

A person employed as an Administrative officer will, in addition to any of the duties of an Administrative assistant, be able to:

(a)              set up and administer a bookkeeping and/or accounting system including a chart of accounts for the organisation and each of its programs and services;

(b)              produce a range of accurate and timely financial reports, which clearly reflect the financial position of the organisation and each of its programs and services and which will enable cross-program financial management, including:

(i)              profit and loss statements; and

(ii)              cash flow analysis reports;

(c)              under the direction of the Manager, assist in the preparation of budgets for the organisation or for individual programs and services;

(d)              supervise and provide necessary office-based training to administrative or other support employees;

(e)              operate purchasing, inventory, asset control, payroll and other administrative procedures;

(f)              set up and maintain a full range of personnel, client data base and other management and administrative records required by the employer;

(g)              be computer literate and demonstrate expertise in the use of financial and other software packages; and

(h)              set up and maintain statistical information systems.

B.3              Training and placement officer grade 1

B.3.1              Training and placement officer grade 1 means a person engaged to deliver training or placement support where the employee exercises a lower range of skills and responsibilities than an employee classified as a Training and placement officer grade 2. A person engaged to perform training duties under a formal training program would be limited to one vocational area of training at this level.

(a)              A person engaged to perform training duties as part of placement support will not be limited to one vocational area but will operate within clearly defined guidelines under the direction of the Manager or another more senior employee.

(b)              An employee who undertakes training or placement support duties and performs a wider range of duties than the following will be classified as a Training and placement officer grade 2 and not as a Training and placement officer grade 1.

B.3.2              Requirements

(a)              In respect of an employee engaged primarily to deliver training to clients of the service, the employee may be expected to perform the following duties:

(i)              participate in the client selection and assessment of client needs or suitability for the area in which they provide instruction or placement support;

(ii)              assist in following up client outcomes for their area of instruction or placement support;

(iii)              liaise with employers to organise work experience, work placement and industry support in their area of instruction or placement support; and

(iv)              undertake necessary planning and evaluation under supervision.

(b)              In respect of an employee engaged primarily to provide placement support to clients of the service, the employee may be expected to provide on-the-job training, placement and support to clients according to the individual client service program under the direction of a more senior employee. While the employee may assist a more senior officer to carry out client selection, assessment and/or preparation of individual client service programs, they would not exercise sole or principal responsibility for such functions.

(c)              An employee classified as an Administrative assistant who temporarily performs duties at the Training and placement officer grade 1 level will be paid a higher duties allowance equivalent to the difference between their ordinary rate of pay and the rate of pay of a Training and placement officer grade 1 Pay point 1 for any day in which all or a substantial part of the functions of a Training and placement officer grade 1 are performed.

(d)              To assist in the facilitation of career advancement of Administrative assistants, employers may structure the job of an Administrative assistant to incorporate some functions of a Training and placement officer grade 1 should they wish to design a mixed function job incorporating duties normally performed in both classifications. In such instances, the higher duties allowance provided for in clause 24 - Higher duties will apply in respect to any Administrative assistant who performs a mixed function job.

(e)              Provided that where a substantial part of the mixed function job incorporates the functions of a Training and placement officer grade 1 the Administrative assistant will be re-classified to that classification and be deemed to be a Training and placement officer grade 1.

B.4              Training and placement officer grade 2

B.4.1              Training and placement officer grade 2 means a multi-functioned employee who is engaged to provide direct services to participants in training courses, placement or support services and other programs and activities provided by the employer.

B.4.2              Requirements

(a)              Such employees would be required to assist in the development and administration of programs. This may include arranging and conducting training courses, preparation of training curriculum and plans, client assessment activities, preparation of individual client service programs, the conduct of employment placement and/or support services and other activities. They may exercise some organising functions in respect of sessional employees, Training and placement officers grade 1 and/or Administrative assistants. They may be expected to participate in processes:

(i)              to evaluate course and program effectiveness and relevance;

(ii)              to monitor and review individual client service programs;

(iii)              to monitor, report and advise on client outcomes; and/or

(iv)              to carry out case management functions and duties.

(b)              A Training and placement officer grade 2 is required to exercise professional judgment within the policy parameters of the employer and may also be required to:

(i)              write reports and assist in the preparation of funding proposals;

(ii)              liaise with and market to employers, industry and the community;

(iii)              participate in co-ordination activities with other agencies;

(iv)              refer clients to appropriate agencies and programs; and

(v)              carry out client placement activities.

(c)              An employee engaged to conduct job clubs and/or primarily to market services and/or clients to employers would normally be engaged as a Training and placement officer grade 2 however the size of the organisation and the level of complexity within their role may see them placed within the Training and placement co-ordinator definition and classification. Where a job club leader is responsible for the management and co-ordination of the service they will be engaged in accordance with the Training and placement co-ordinator classification.

B.5              Training and placement co-ordinator

B.5.1              Training and placement co-ordinator means a person engaged to assist the Manager of a larger and more complex service in the management of all or part of the service and whose responsibilities primarily involve management/co-ordination functions.

B.5.2              Requirements

(a)              A Training and placement co-ordinator will in all cases report to the Manager of the organisation.

(b)              Such officers will be required to assist in the management of the service within the policy parameters of the employer and may also be required to develop policy proposals and other reports for consideration by the employer and/or funding authorities. They may also be expected to assist the Manager to develop and implement strategies to ensure community and business support for the service.

(c)              Such employees may be required to co-ordinate the development, implementation and evaluation of programs and/or services of the employer including the preparation of funding proposals and budgets on behalf of the employer and the monitoring of program performance and budgets. They would be expected to exercise a staff leadership role and supervise other employees of the service. This may include the co-ordination of induction of new employees, training and other human resource development strategies and co-ordination of work tasks and responsibilities. They may be expected to represent the employer in dealings with local employers, government and community agencies and in dealings with local media.

(d)              A Training and placement co-ordinator may also be expected to deliver training courses for clients of the service or to undertake placement support or other operational duties though these responsibilities would not form the major part of the employee's job.

B.6              Manager grade 1

B.6.1              Manager grade 1 means a person engaged to manage the operations of a small to medium size service where the total weekly staffing of the service is less than 285 hours.

B.6.2              Requirements

(a)              A Manager grade 1 may directly exercise delegated management functions of the employer.

(b)              Such employees will be required to manage the service within the policy parameters set by the employer and may be required to develop policy proposals and other reports for consideration by the employer and/or funding authorities. They may also be expected to develop and implement strategies to ensure community and business support for the service.

(c)              Such employees may be required to co-ordinate the development, implementation and evaluation of programs and/or services of the employer including the preparation of funding proposals and budgets on behalf of the employer and the monitoring of program performance and budgets. They would be expected to exercise a staff leadership role and supervise other employees of the service. This may include the co-ordination of induction of new employees, training and other human resource development strategies and co-ordination of work tasks and responsibilities. They would be expected to represent the employer in dealings with local employers, government and community agencies and in dealings with local media.

(d)              No Manager grade 1 of a service with total weekly staffing of up to and including 190 staffing hours may advance beyond Pay point 4.

B.7              Manager grade 2

B.7.1              Manager grade 2 means:

(a)              an employee engaged to manage a single service or multiple projects sponsored by the same employer with total weekly staffing in excess of 285 staffing hours; or

(b)              a person engaged to manage a SkillShare Disability Access and Support Unit.

B.7.2              Requirements

Functions would generally be similar to a Manager grade 1 except that their position would involve significantly increased responsibility as a result of the size and complexity of the service(s) which they manage. They may also be required to supervise the work of Managers grade 1 and/or Training and placement co-ordinators where such employees are employed by the same employer.

Schedule C
- Supported Wage System

[Sched C varied by PR998748]

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

C.2              In this schedule:

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

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

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

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

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

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

C.3              Eligibility criteria

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

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

C.4              Supported wage rates

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

[C.4.2 varied by PR998748 ppc 01Jul10]

C.4.2              Provided that the minimum amount payable must be not less than $73 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 ppc 01Jul10]

C.10.3              The minimum amount payable to the employee during the trial period must be no less than $73 per week.

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

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

Schedule D
- National Training Wage

[Varied by PR998000]

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 PR998000 ppc 01Jul10]

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:

(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:

(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:

(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:

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:

(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:

(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:

(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:

(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:

(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

D1.2              Wage Level B

D1.3              Wage Level B