MA000103: Supported Employment Services Award 2020

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 varied by PR542223 ppc 04Dec13]

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,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542223 ppc 04Dec13]

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

[2.6 varied by PR542223 ppc 04Dec13]

2.6 The Fair Work Commission 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 PR997775 ,PR503698]

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)

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

[Definition of Division 2B State award inserted by PR503698 ppc 01Jan11]

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

[Definition of Division 2B State employment agreement inserted by PR503698 ppc 01Jan11]

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

[Definition of employee substituted by PR997775 from 01Jan10]

employee means national system employee within the meaning of the Act and includes an employee with a disability

employee with a disability means a national system employee who qualifies for a disability support pension as set out in sections 94 or 95 of the Social Security Act 1991 (Cth),or who would be so qualified but for paragraph 94(1)(e) or paragraph 95(1)(c) of that Act

[Definition of employer substituted by PR997775 from 01Jan10]

employer means national system employer within the meaning of the Act and includes a supported employment service

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

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

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

standard rate means the minimum weekly wage for a Grade 5 (trade qualified) employee in clause 14.2

supported employment services means a service as defined in section 7 of the Disability Services Act 1986 (Cth)

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 throughout Australia who operate supported employment services and their employees working in the classifications listed in Schedule B —Classifications to the exclusion of any other modern award. The award does not cover employers in respect of other activities that are covered by the awards referred to below or their employees engaged in or in connection with those other activities:

(a) Aged Care Award 2010;

(b) Health Professionals and Support Services Award 2010;or

(c) Social,Community,Home Care and Disability Services Industry Award 2010.

4.2 The award does not cover employees who hold executive and management positions not covered by the classification structure contained within this award.

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

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

4.5 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

[Varied by PR542223]

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 varied by PR542223 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

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

[7.3(b) varied by PR542223 ppc 04Dec13]

(b) result in the employee being better off overall at the time the agreement is made 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,or if the employee is usually represented by a parent or guardian,by 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:

[7.8(a) varied by PR542223 ppc 04Dec13]

(a) by the employer or the individual employee giving 13 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.

[Note inserted by PR542223 ppc 04Dec13]

Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542223 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542223 ppc 04Dec13]

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

Part 2—Consultation and Dispute Resolution

8. Consultation regarding major workplace change

9. Dispute resolution

8. Consultation regarding major workplace change

8.1 Employer to notify

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

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

8.2 Employer to discuss change

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

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

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

9. Dispute resolution

[Varied by PR542223]

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 varied by PR542223 ppc 04Dec13]

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 the Fair Work Commission.

[9.3 varied by PR542223 ppc 04Dec13]

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

[9.4 varied by PR542223 ppc 04Dec13]

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

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

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

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

10.1 General

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

(a) full-time employees;

(b) part-time employees;or

(c) casual employees.

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

10.3 Full-time employees

For the purpose of this award a full-time employee will be a permanent employee engaged to work an average of 38 ordinary hours per week over a roster cycle.

10.4 Part-time employees

(a) A part-time employee is an employee who:

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

(ii) has reasonably predictable hours of work;and

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

(b) When determining what is reasonably predictable for an employee with a disability,the nature of the employee’s disability and other relevant personal circumstances are to be taken into account.

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

(d) Subject to clause 21.5,all time worked in excess of the hours as mutually arranged will be paid overtime at the rates as prescribed in clause 21—Overtime and penalty rates.

(e) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

(f) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work,specifying at least the hours worked each day,which days of the week the employee will work and the actual starting and finishing times each day. The employer and the employee may agree from time to time to vary this regular pattern of work,but any variation agreement must be recorded in writing.

10.5 Casual employees

(a) A casual employee is an employee engaged as such on an hourly basis other than a part-time or full-time employee.

(b) A casual employee will be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed,plus an additional loading of 25% of the hourly rate. The casual loading will be instead of any entitlement of annual leave and personal/carer’s leave and paid public holidays (not worked). All other payments such as shift penalties,overtime etc will be paid in addition to the loaded rate. The casual loading will also form part of the employee’s ordinary rate of pay for the purpose of superannuation.

(c) On each occasion a casual employee is required to attend work they are entitled to a minimum payment of three hours.

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

[Varied by PR503698]

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 –NAPSA employees

[12.5 renamed by PR503698 ppc 01Jan11]

(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 or an 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.

12.6 Transitional provisions –Division 2B State employees

[12.6 inserted by PR503698 ppc 01Jan11]

(a) Subject to clause 12.6(b),an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a Division 2B State award:

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

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

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

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

(d) Clause 12.6 ceases to operate on 31 December 2014.

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Allowances

16. District allowances

17. Accident pay

18. Payment of wages

19. Superannuation

13. Classifications

13.1 The definitions of the classification levels in clause 14—Minimum wages are contained in Schedule B —Classifications.

14. Minimum wages

[Varied by PR998003,PR509134,PR522965;PR529171 ,PR536768,PR551691]

14.1 Upon appointment,an employee will be graded by the employer in one of the grades in Schedule B —Classifications having regard to the employee’s skills,experience and qualifications.

[14.2 varied by PR998003,PR509134,PR522965,PR536768,PR551691 ppc 01Jul14]

14.2 Subject to clauses 14.3,14.4 and 14.5 the following minimum rates of pay will apply for the grades set out below:

Grade	Weekly rate $	Hourly rate $
Grade 1	640.90	16.87
Grade 2	659.40	17.35
Grade 3	684.70	18.02
Grade 4	708.20	18.64
Grade 5	746.20	19.64
Grade 6	814.20	21.43
Grade 7	847.20	22.29

NOTE:For the purpose of this award,the hourly rate for all employees will be calculated by dividing the weekly rate by 38,then rounded to the nearest cent.

14.3 National training wage

See Schedule C

14.4 Wage assessment—employees with a disability

(a) An employee with a disability will be paid such percentage of the rate of pay of the relevant grade in clause 14.2 as assessed under an approved wage assessment tool chosen by a supported employment service.

(b) For the purposes of this clause,an approved wage assessment tool means and is limited to:

(i) the Supported Wage System;

(ii) the Business Services Wage Assessment Tool;

(iii) the Civic Industries Supported Employees Wage Assessment Tool;

(iv) the Elouera Association Wage Assessment Tool;

(v) the FWS Wage Assessment Tool;*

(vi) the Greenacres Association Competency Based Wages System;

(vii) the Hunter Contracts Wage Assessment Tool;*

(viii) the Phoenix Wage Assessment Tool;*

(ix) the PHT Wage Assessment Tool;

(x) the Skillsmaster Wage Assessment Tool;

(xi) the Yumaro Wage Assessment Tool;

(xii) the Woorinyan Wage Assessment Tool;

(xiii) the RVIB Enterprises Wage Assessment Tool;

(xiv) the Koomarri Competency Based Wages System;

(xv) the Valmar Support Services Wage System;

(xvi) the Sunnyfield Association Wage Assessment Tool;

(xvii) the New Horizons Wage Assessment Tool;

(xviii) the Cumberland Industries Wage Assessment Tool;

(xix) the Endeavour Wage Assessment Tool;*

(xx) the Wangarang Industries Wage Assessment Tool;

(xxi) the Bedford Employee Wage Assessment Tool;

(xxii) the Blue Mountains Employment Services Wage Assessment Tool;*

(xxiii) the Ability Options Wage Assessment Tool;

(xxiv) the Blueline Laundry Inc Wage Assessment Tool;

(xxv) the Caloola Vocational Services Inc Wage Assessment Tool;

(xxvi) the GDP Industries Wage Assessment Tool;

(xxvii) the Kurri Contracting Service Wage Assessment Tool;

(xxviii) the Mai-Wel Group Wage Assessment Tool;

(xxix) the Merriwa Industries Limited Wage Assessment Tool;and

(xxx) the Waverley Helpmates Wage Assessment Tool.

* Wage Assessment Tools restricted to those specific organisations unless an employer was using that tool on or before 27 June 2005.

[14.4(c) substituted by PR529171 ppc 27Sep12]

(c) The Supported Wage System is at Schedule D.

(d) Wage assessment tools clauses 14.4(b)(i) to (xxii) are described in the Final Report dated 12 April 2006 prepared for the Department of Families,Housing,Community Services and Indigenous Affairs,entitled Analysis of Wage Assessment Tools used by Business Services.

(e) Wage assessment tools clauses 14.4(b)(xxiii) to (xxx) are described in the Final Report dated 18 October 2007 prepared for the Department of Families,Housing,Community Services and Indigenous Affairs,entitled Analysis of Wage Assessment Tools used by Business Services.

(f) No decrease—regression of disability

An employee with a disability will not have their rate of pay reduced as a result of a wage assessment made pursuant to clause 14.4(a). This clause does not cover the circumstance where the wage of an employee with a disability may need to be reduced due to the regression of the employee’s disability. However,a wage assessment that determines a lower percentage than an earlier wage assessment of the employee against the same duties is of no effect unless the reduction in percentage is solely due to the regression of the employee’s disability. Before the wage of an employee may be reduced the employer must exhaust all reasonable training options and options to allocate the employee new tasks to avoid the regression. Where regression of wages is provided for in the wage assessment tool against which the employee was assessed,regression may only occur in accordance with the method provided for in that tool.

(g) Review of assessment

For the purpose of clause 14.4(a):

(i) unless otherwise provided under the relevant wage assessment tool,the wage assessment of each employee with a disability will be reviewed within a period not exceeding three years’service with the supported employment service since the last assessment,and the rate of pay adjusted accordingly;and

(ii) unless otherwise provided under the relevant wage assessment tool,a wage assessment may be reviewed at the initiative of either the employee with a disability or the supported employment service,once every six months and not more than four times every three years,and the rate of pay adjusted accordingly.

(h) Documentation of assessment

Any assessment made under clause 14.4(a) must be documented by the supported employment service and a copy provided to the employee with a disability,and,if requested,to the employee’s authorised representative.

14.5 Higher duties

Employees will be paid at a higher grade if carrying out the duties of a higher grade for two or more hours in any shift. They will be paid at the higher grade for the time so worked. This clause will not apply whilst an employee is carrying out work in a higher grade for training purposes only.

15. Allowances

[Varied by PR994843,PR998124,PR509255,PR523085,PR536888,PR551811]

15.1 Use of vehicle

[15.1 varied by PR523085 ,PR536888 , PR551811 ppc 01Jul14]

An employee required to use their own vehicle during working hours will be paid $0.78 per kilometre travelled.

15.2 First aid allowance

An employee who is appointed by the employer as a first aid officer to render first aid assistance in the workplace and who maintains a current senior first aid qualification from St John Ambulance or similar body will be paid an allowance of 2.03% of the standard rate per week.

15.3 Meal allowance

[15.3 varied by PR998124,PR509255 ,PR523085,PR536888 , PR551811 ppc 01Jul14]

Where an employee is entitled to a meal allowance in accordance with clause 21.4,the employee will be paid $10.11 per meal.

15.4 Laundry allowance

An employee required to perform work determined by the leading hand or supervisor to be of a dirty nature will be paid an allowance of $0.70 per day unless the employer provides and launders a uniform at no cost to the employee.

15.5 Special and protective clothing

Where it is necessary that an employee wear special and/or protective clothing,the employer must reimburse the employee for the cost of purchasing such clothing. The provisions of this clause do not apply where the special clothing is supplied without cost to the employee. Where the employer provides the special clothing it will remain the property of the employer.

15.6 Toilet cleaning allowance

[15.6 inserted by PR994843 ppc 15Mar10]

An employee engaged for the major portion of a day or shift in cleaning toilets will be paid an allowance of 1.615% of the standard rate per week or 0.329% of the standard rate per shift.

15.7 Leading hand allowance

[15.6 renumbered as 15.7 by PR994843 ppc 15Mar10]

Leading hands classified at Grade 4 or below are entitled to an all-purpose allowance according to the following table:

In charge of	% of standard rate per week
Not less than 3 employees and not more than 10 employees	4.52
More than 10 employees and not more than 20 employees	6.76
More than 20 employees	8.58

15.8 Adjustment of expense related allowances

[15.7 renumbered as 15.8 by PR994843 ppc 15Mar10]

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

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

Allowance	Applicable Consumer Price Index figure
Meal allowance	Take away and fast foods sub-group
Laundry allowance	Clothing and footwear group
Vehicle allowance	Private motoring sub-group

16. District allowances

16.1 Northern Territory

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

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

16.2 Western Australia

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

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

16.3 This clause ceases to operate on 31 December 2014.

17. Accident pay

[Varied by PR503698]

[17.1 substituted by PR503698 ppc 01Jan11]

17.1 Subject to clause 17.2,an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006,a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:

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

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

[17.2 substituted by PR503698 ppc 01Jan11]

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

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

17.4 This clause ceases to operate on 31 December 2014.

18. Payment of wages

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

18.2 Payment will be made in cash,by cheque or by electronic funds transfer,as determined by the employer,into the bank or financial institution account nominated by the employee.

18.3 Overtime will be paid not later than the pay day next succeeding the week in which the overtime has been worked.

18.4 Where an employee is discharged from employment the employee will be paid immediately for all wages,overtime,pro rata payment for annual leave,annual leave loading or any remuneration due. Payment may be made by cash,cheque or electronic funds transfer at the discretion of the employer.

18.5 Where an employee lawfully leaves their employment they will be paid all monies due at the time of leaving. Payment may be made by cash,cheque or electronic funds transfer at the discretion of the employer.

18.6 In the event of there being any delay in the making of any payment mentioned in this clause,other than a delay beyond the direct control of the employer,an employee will be paid at ordinary rates for all time the employee is kept waiting. Time kept waiting will be deemed to operate after 6.00 pm on the Friday of each pay week where payment is made by electronic funds transfer.

18.7 Composite rates

(a) As an alternative to an employee’s wages being calculated and paid on a weekly or fortnightly basis,agreement may be reached between an employee and the employer that the employee can be paid a composite annual salary which properly remunerates the employee in accordance with the award for work performed over an agreed roster cycle. In such cases the composite annual salary will be calculated to ensure that such salary paid over the year is sufficient to cover what the employee would have been entitled to if all award overtime and penalty rate obligations have been complied with. The employee is entitled to be represented in discussions with the employer by a registered organisation,or by the employee’s parent or guardian.

(b) However,in the event of termination of employment prior to completion of a year,the salary paid during such period of employment,must be sufficient to cover what the employee would have been entitled to if all award overtime and penalty rate payment obligations had been complied with.

(c) Where payment is adopted in accordance with this clause,the employer must keep a daily record of the hours worked by an employee which must show the date,start and finish times of the employee for the day. This record will be countersigned weekly by the employee (or their parent or guardian) and must be kept at the place of employment for a period of at least seven years.

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

Subject to clause 19.5 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 one of the following superannuation funds or its successor:

(a) AustralianSuper;or

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

19.5 Employees with disabilities

Where an employee with a disability is being paid less than $450 per month in accordance with clause 14.4,contributions for such employees will be either 3% of their ordinary time earnings or $6.00 per week whichever is the greater.

Part 5—Hours of Work and Related Matters

20. Ordinary hours of work and rostering

21. Overtime and penalty rates

20. Ordinary hours of work and rostering

20.1 The ordinary hours of work will be worked in not more than five consecutive shifts of not more than eight hours or,by agreement with the employee,10 consecutive hours,and will not exceed 38 hours per week or an average of 38 hours per week over an agreed roster cycle.

20.2 Subject to clause 21—Overtime and penalty rates,ordinary time will be worked between the hours of 6.00 am and 6.00 pm Monday to Sunday.

20.3 Where work is carried out on weekends,payment will be at time and half on Saturdays and double time on Sundays,other than for employees engaged on catering services who will be paid at the rate of time and three quarters on Sunday.

20.4 An employee who works their ordinary hours in a shift which finishes after 6.00 pm and at or before 12.00 midnight Monday to Friday,will be paid 15% more than their ordinary rate for the whole shift.

20.5 By agreement between an employer and an employee,an employee who works their hours in a rotating roster shift which finishes after 12.00 midnight and at or before 8.00 am Monday to Friday,will be paid for the whole shift 30% more than their ordinary rate.

20.6 The actual starting and finishing time will be determined by the employer.

20.7 Meal and tea breaks

All employees will be allowed at least 30 minutes unpaid lunch break not later than five hours after the commencement of work unless otherwise agreed between the employer and employee. An employee will not be required to work for more than five hours without a meal break of 30 minutes. All employees will receive one paid tea break of 15 minutes in the morning.

20.8 Rosters

The employer will notify all permanent employees of their roster upon commencement with the employer. Rosters can only be changed by the employer by giving employees at least seven days’notice,except in the case of emergency where the employer will have the right to alter rosters immediately.

21. Overtime and penalty rates

21.1 Subject to clause 21.7 all time worked outside the ordinary hours of work will be overtime and will be paid for at the rate of time and a half for the first two hours and double time thereafter. Overtime at the rate of double time will be paid for all time worked after 12.00 noon on a Saturday where such time is not part of an employee’s ordinary shift and all day Sunday.

21.2 In computing overtime,each day’s work will stand alone.

21.3 When overtime work is necessary it will,wherever reasonably practicable,be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.

21.4 An employee working overtime will be provided with a half hour for meal break and a suitable meal or be paid a meal allowance in any of the following circumstances:

(a) when required to work beyond 6.00 pm;or

(b) if overtime continues beyond 10.00 pm.

21.5 Where an employee’s ordinary hours of work are less than 38 per week,by agreement between that employee and the employer,an employee may work and be paid at ordinary time up to two hours beyond their normal finishing time. In any case,an employee will not be required to work more than 10 hours in any one day nor more than 38 hours in any one week without the payment of overtime. For the purposes of this clause week means Monday to Friday inclusive.

21.6 In computing overtime,calculation will be made to the nearest five minutes.

21.7 Time off instead of overtime payment

Where an employee has performed duty on overtime,they may be released from duty to take time off instead of receiving a payment for overtime for a period not exceeding the period of overtime actually worked,subject to the following conditions:

(a) An employee may only be released from duty at the request of the employee and with the agreement of the employer. Such agreement will be in writing and be kept with the time and wage records.

(b) An employee may not accumulate more than 20 hours to be taken as leave instead of overtime payment and leave will be taken within four weeks of the accrual. Where such leave is not taken in this period it will be paid for at the appropriate overtime rate.

(c) This provision will only apply in respect of overtime worked between Monday to Friday inclusive. Normal penalties for overtime worked on Saturday,Sunday and public holidays will apply for those days.

Part 6—Leave and Public Holidays

22. Annual leave

23. Personal/carer’s leave and compassionate leave

24. Community service leave

25. Public holidays

22. Annual leave

22.1 Leave entitlement

(a) Annual leave is provided for in the NES. It does not apply to casual employees.

(b) For the purposes of the additional leave provided by the NES,a shiftworker is an employee who is regularly rostered to work their ordinary hours on a Saturday and/or Sunday (that is,not less than 10 in any 12 month period).

22.2 Payment for annual leave

(a) The NES prescribes the basis for payment of annual leave,including payments for untaken leave upon termination of employment.

(b) In addition to the payment provided for in the NES,an employer is required to pay an additional leave loading of 17.5% of that payment.

22.3 Requirement to take leave notwithstanding terms of the NES

An employer may require an employee to take annual leave by giving at least four weeks’notice in the following circumstances:

(a) as part of a close-down of its operations;or

(b) where more than eight weeks’leave is accrued.

23. Personal/carer’s leave and compassionate leave

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

24. Community service leave

Community service leave is provided for in the NES.

25. Public holidays

25.1 Public holidays are provided for in the NES.

25.2 A full-time or part-time employee who works on a public holiday will be paid at the rate of double time and a half.

25.3 An employee,other than a casual employee,who works on Christmas Day,New Years Day,or both,will be paid at the appropriate holiday rate as provided in clause 25.2 and if such an employee also works on the substitute day or days,they will be paid at ordinary rates for work on this day or these days.

25.4 In addition to the benefit conferred by clause 25.2,an employee who works on Christmas Day or New Years Day will either be allowed a substitute holiday at a time convenient to the employer or receive an extra day’s wages at ordinary rates.

25.5 Clauses 25.3 and 25.4 override any other provisions of this award with which they are inconsistent.

Schedule A—Transitional Provisions

[Sched A inserted by PR994843 ppc 15Mar10;varied by PR503698]

A.1 General

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

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

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

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

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

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

A.2 Minimum wages –existing minimum wage lower

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

(a) was obliged,

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

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

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

A.2.2 In this clause minimum wage includes:

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

(b) a piecework rate;and

(c) any applicable industry allowance.

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

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

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

First full pay period on or after
1 July 2010	80%
1 July 2011	60%
1 July 2012	40%
1 July 2013	20%

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

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

A.3 Minimum wages –existing minimum wage higher

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

(a) was obliged,

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

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

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

A.3.2 In this clause minimum wage includes:

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

(b) a piecework rate;and

(c) any applicable industry allowance.

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

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

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

First full pay period on or after
1 July 2010	80%
1 July 2011	60%
1 July 2012	40%
1 July 2013	20%

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

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

A.4 Loadings and penalty rates

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

●casual or part-time loading;

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

●shift allowance/penalty.

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

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

(a) was obliged,

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

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

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

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

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

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

First full pay period on or after
1 July 2010	80%
1 July 2011	60%
1 July 2012	40%
1 July 2013	20%

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

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

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

(a) was obliged,

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

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

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

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

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

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

First full pay period on or after
1 July 2010	80%
1 July 2011	60%
1 July 2012	40%
1 July 2013	20%

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

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

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

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

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

First full pay period on or after
1 July 2010	20%
1 July 2011	40%
1 July 2012	60%
1 July 2013	80%

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

A.8 Former Division 2B employers

[A.8 inserted by PR503698 ppc 01Jan11]

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

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

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

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

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

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

Schedule B—Classifications

[Sched A renumbered as Sched B and substituted by PR994843 ppc 15Mar10;varied by PR529171]

B.1 Grade 1

B.1.1 An employee engaged in this grade will undertake up to 38 hours induction training which may include information on the employer’s business,conditions of employment,introduction to supervisors and fellow employees,training and career path opportunities,worksite layout,work and documentation procedures,occupational health and safety,equal employment opportunity and quality control/assurances.

[B.1.2 varied by PR529171 ppc 27Sep12]

B.1.2 An employee at this level performs basic routine duties essentially of a manual nature and to their level of training. Persons at this level exercise minimal judgment and work under direct supervision whilst undergoing structured training to Grade 2.

B.1.3 Examples of duties at this grade include basic cleaning within a kitchen or food preparation area including cleaning of dishes,tins and utensils,labouring,sorting,packing,labelling,clipping,document preparation and routine basic assembly tasks and basic picking,pruning and cultivation activities.

B.1.4 Art Union seller

This grade applies to Art Union sellers whose performance is at or near the minimum agreed level.

B.2 Grade 2

B.2.1 An employee who has completed at least three months’structured training so as to enable them to perform work within the scope of this level.

B.2.2 An employee at this level:

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

(b) works under direct supervision either individually or in a team environment;and

(c) understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviation/faults.

B.2.3 Indicative of the tasks which an employee at this level may perform are the following:

(a) Engineering

●repetition work on automatic,semiautomatic or single purpose machines or equipment;

●assembles components using basic written,spoken and/or diagrammatic instructions in an assembly environment;

●uses selected hand tools;

●boiler cleaning;and/or

●uses hand trolleys and pallet trucks.

(b) Microfilm

●document copying;

●microfilm/scanner operator basic;and/or

●packaging,labelling and collating.

(c) Catering

●assistance to employees who are cooking and performing delivery tasks;

●removing food plates;

●setting and/or wiping down tables;

●cleaning and tidying of associated areas;

●general clearing duties within a kitchen or food preparation area and scullery;and/or

●assembly and preparation of ingredients for cooking.

(d) Leather and canvas goods and sewing

●repetition sewing work on automatic,semiautomatic or single purpose machines (including basic operation of sewing machines) requiring some discretion with respect to kind,quantity,pressure,temperature or running speed;

●rudimentary marking and hand cutting;

●gluing (making basic eyelets) of small items;

●manufactures components and/or assembles to finished product;

●die cutting using clicking press on canvas material within the scope of this grade;and/or

●sorting,checking and packing.

(e) Clerical support

●clerical or routine office duties including basic typing,checking figures,matching documents,simple calculating,collating,sorting or filing,photocopying and handling of mail;and/or

●cashier and banking functions under direct supervision.

(f) Timberwork

●labouring;

●repetition work on automatic,semi-automatic or single purpose machines or equipment;

●sorting;

●packing;

●undercoat painting;and/or

●assembly.

(g) Gardening

●basic grounds and lawn maintenance,including use of lawn-mower and whipper snipper;

●re-potting;and/or

●basic labouring.

(h) Laundries

●labouring (manual handling);

●folding;and/or

●loading.

(i) Specialist packaging

●sorting (manual);

●labelling;

●folding;

●stacking;

●use of hand trolleys,pallet trucks;

●taping;

●heat sealing;

●stapling

●filling;and/or

●check weighing.

(j) Printing/Bookbinding

●labouring;

●sorting;

●labelling;

●packaging;

●gluing (manual);and/or

●assembly.

(k) Foam and plastic

●reception work on automatic,semiautomatic or single purpose machine or equipment;

●maintaining records;

●performing basic test functions,with an ability to measure accurately using gauges and meters;

●operate hand-operated transport and lifting devices;

●operate granulating,reclaiming,crumbling and shedding machines;

●trimming,cutting,gluing,sealing,assembling or wrapping finished goods;

●operate slitting and/or setting machines;

●operate automatic and manual press machines;

●repair airbags,belts and cables,fit terminals and cables;and/or

●operate machinery that requires basic set-up skills.

(l) Horticulture and related activities

●operation of powered tools including picking and harvesting equipment not requiring a license;

●operation of irrigation of spraying equipment;

●operating tractors with engine capacity up to 70kW;

●grading,sorting and packing;and/or

●may be required to make sales from a restricted range of products.

(m) Commercial biscuit and pastry making

●biscuit forming machine operator able to set up,control and efficiently operate and maintain the web on at least one production plant;

●assists and periodically relieves mixer;

●general hand and line hand duties involving loading,unloading and handling ingredients and semi-processed ingredients,cleaning or washing utensils or equipment;

●weighing,checking,gauging product,packed products or packaging materials;and/or

●packing product for despatch.

[B.2.3(n) varied by PR529171 ppc 27Sep12]

(n) Recycling

●general labouring;

●sorting;

●loading bailing and strapping equipment;and/or

●shredding.

B.2.4 Art Union seller

This grade applies to Art Union sellers whose performance during two consecutive Art Unions has met the enhanced performance levels of this grade.

B.3 Grade 3

B.3.1 An employee who has completed relevant training so as to enable the employee to perform work within the scope of this level.

B.3.2 An employee at this level:

(a) performs work above and beyond the skills of an employee at Grade 2 and to the level of their training;

(b) is responsible for the quality of their own work subject to routine supervision;

(c) works under routine supervision either individually or in a team environment;and

(d) exercises discretion within their level of skills and training.

B.3.3 Indicative of the tasks which an employee at this level may perform are the following:

(a) Engineering

●operates machinery and equipment requiring the exercise of skills and knowledge beyond that of an employee at Grade 2;

●non-trade engineering skills;

●sorting,checking,packing (other than repetitive packing in a standard container or containers in which such goods are ordinarily sold);

●basic soldering techniques;

●operation of forklifts,roving pendant type overhead cranes and winch operation;

●assists one or more tradespersons;

●third class machinist and/or welding operation,drilling/tapping machine operators;and/or

●rewind machine operators.

(b) Catering

●specialised non-cooking duties in a kitchen or food preparation area;and/or

●elementary cooking including finger and take-away food.

(c) Leather and canvas goods and sewing

●operates machinery and equipment requiring the exercise of skill,knowledge and judgment in the layout of product beyond that of an employee at Grade 2;

●operates heavy duty and special duty application sewing machines including bias binders;

●ability to perform basic machine setting skills and control adjustments;

●assists one or more tradespersons;and/or

●die cutting using click press on canvas material with discretion,within the scope of this grade.

(d) Microfilm

●microfilm camera operator;

●microfilm jacketing;and/or

●dark room operators.

(e) Clerical support

●general clerical or office duties within a regular work routine such as typing,operates a switchboard and basic data entry;and/or

●receiving,despatching,documenting and recording of goods.

(f) Timberwork

●nail gun work;

●sewing (manual);

●cutting (manual);

●painting;and/or

●more complex assembly.

(g) Gardening

●propagation and gardening;

●uses self-drive lawn-mowers;and/or

●landscaping.

(h) Laundries

●laundering (other than labouring);

●sealing;

●stamping;and/or

●basic machine operation.

(i) Specialist packaging

●more complex packaging blister packaging,shrink wrapping,flow wrapping,skin packing,pallet wrapping (including weighing and measuring);

●operation of more complex machinery;and/or

●operation of forklifts.

(j) Printing/bookbinding

●strapping;

●stores assistant;

●basic machine operation;

●manual guillotine work;

●use of gluing machines;and/or

●more complex assembly.

(k) Foam and plastic

●operates with flexibility between assembly/process stations;

●basic inventory control in the contact of the production process;

●basic keyboard skills;

●operates mixing and milling machines that require set up and operating skills;

●ability to measure accurately using gauges and meters;and/or

●operation of mobile equipment including forklifts,hand trolleys and pallet trucks.

(l) Cleaning

●vacuuming and spot cleaning of carpets and soft furnishings;

●sweeping and mopping;

●toilet cleaning;

●rubbish collection;

●cleaning of glass,both internal and external;and/or

●polishing.

(m) Commercial biscuit and pastry making

●biscuit forming machine operator,able to set up,control and efficiently operate one or more pieces of biscuit forming and ancillary equipment and maintain all webs;and/or

●mixing ingredients for dough,batters and icings,melting chocolate and making jellies or syrups.

(n) Horticulture and related activities

●operation of forklifts;powered trolleys;and/or

●Box making.

(o) Recycling

●operate bailing and strapping equipment;and/or

●operate recycling equipment.

B.4 Grade 4

B.4.1 An employee who has completed relevant training so as to enable the employee to perform work within the scope of this level.

B.4.2 An employee at this level:

(a) performs work above and beyond the skills of an employee at Grade 3 and to the level of their training;

(b) works from complex instructions and procedures;

(c) assists in the provision of on-the-job training to a limited degree;

(d) co-ordinates work in a team environment or works individually under general supervision;and

(e) is responsible for assuring the quality of their own work.

B.4.3 Indicative of the tasks which an employee at this level may perform are the following:

(a) Engineering

●uses precision measuring instruments;

●some machine setting,loading and operation;

●use of tools and equipment within the scope (basic non-trades maintenance);

●general welding to as 1554 standard at basic level;

●second class machinist operators;

●paint line operator;

●basic engineering and fault finding skills;

●performs basic quality checks on the work of others;

●licensed and certified for forklift,engine driving and crane driving operations to a level higher than Grade 3;

●has a knowledge of the employer’s operation as it relates to production process;

●lubrication of production machinery equipment;and/or

●assists in the provision of on-the-job training in conjunction with tradespersons and supervisors/trainees.

(b) Catering

●undertaking general waiting duties of food including cleaning of tables with minimum supervision;

●assist in cookery class demonstrations;and/or

●basic cooking under general supervision.

(c) Leather and canvas and sewing

●cutter who has a knowledge of all types of weights of materials made and used in the trades and who is capable of laying out and cutting all types of material of work and who can mark out and prepare for the machinery and the finish for the work concerned;

●lays out,cuts,assembles and repairs canvas and related products such as awnings,tents,tarpaulins,horse rugs and caravan annexes;

●lays out full-scale drawings according to blueprints or sketches;

●cuts materials with power cutters;

●die cutting using clicking press (on leather where the employee is required to exercise discretion as to the kind and quality of material cut);and/or

●minor machine maintenance including lubrication of (automatic and semiautomatic) production equipment.

(d) Clerical and support

●clerical duties of audio typing,stenography,complex word processing,spread sheet and basic data processing,desk top publishing,tabulating machine operation,computer operator;and/or

●clerical duties under limited supervision.

(e) Timberwork

●complex painting (i.e. use of machines);and/or

●complex cutting and sewing (i.e. use of machines).

(f) Gardening

●operates gardening machinery (including the use and care of lawn-mowers,edging machines and rotary hoes);and/or

●experienced gardening work and demonstrated competence in plant and lawn maintenance and development,tree and shrub identification.

(g) Laundries

●laundering (includes wide knowledge of machine operations,garment sorting and appropriate use of chemicals);

●repair of linen,clothing—general alterations;and/or

●basic tailoring.

(h) Specialist packaging

●ordering;

●despatching;and/or

●inventory/record keeping.

(i) Printing/bookbinding

●low level supervision;

●more complex binding;

●compactor operation;

●quality control (basic);and/or

●machine guillotine work.

(j) Foam and plastic

●use precision measuring instruments;

●complex machine and die setting,loading,testing and operation;

●intermediate keyboard skills;

●basic engineering and fault finding skills;

●supervise and perform operations and calendar,mixing and milling machines;

●perform and implement quality control functions;

●basic inventory and stores control;and/or

●assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainees.

(k) Cleaning

●ordering and distribution of cleaning stores;

●minor maintenance duties incidental and/or peripheral to cleaning;

●receiving deliveries;

●performing specialist cleaning functions for a greater part of each day or shifts;and/or

●operate cleaning equipment including steam cleaners.

(l) Recycling

●despatching product;

●quality control of recycled stock;

●operate and maintain bailing machinery,conveyors and specialised recycling equipment;and/or

●operate weighbridge.

(m) Horticulture and related activities

●receiving and despatching.

B.5 Grade 5

B.5.1 An employee at this level may hold a Trade Certificate or equivalent qualifications and is able to exercise the skills and knowledge of that trade.

B.5.2 In the absence of formal qualifications and in non-trade areas,relevant experience may be sufficient to enable an employee to work at this grade.

B.5.3 Indicative skills include the following:

(a) understands and applies quality control techniques;

(b) exercises good interpersonal and communications skills;

(c) exercises discretion within the scope of this grade;

(d) performs work under limited supervision either individually or in team environment and assists with the supervision of others;

(e) operates all lifting equipment incidental to their work;

(f) performs non-trade tasks incidental to their work;

(g) performs work which while primarily involving the skills of the employee’s trade is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training;

(h) able to inspect products and/or materials for conformity with established operation service standards;

(i) supervises the work of a section or unit engaged in work of a complex nature;and

(j) co-ordinates and broadly oversees the work of one or more assistant supervisors/leading hands at Grade 4.

B.5.4 Typical duties may include:

(a) Engineering

●all relevant trade and associated duties.

(b) Catering

●gourmet chef engaged in cooking,baking,pastry cooking or butchering duties;and/or

●specialised catering and cookery demonstrator.

(c) Leather,canvas and sewing clerical support

●trade certificate.

(d) Timberwork

●tradesperson (e.g. carpenter/furnisher).

(e) Gardening

●trades certificate;and/or

●all relevant trade and associated duties.

(f) Laundries

●dry cleaning;

●pressing;and/or

●tailoring.

(g) Specialist packaging

●complex machinery and computer operations.

(h) Printing/bookbinding

●tradesperson.

(i) Foam and plastic

●approves and passes first off samples and maintains quality of product;

●works from production,drawings,prints or plans;

●operates,sets up and adjusts all production machinery in a plant;

●performs a range of engineering maintenance functions;

●basic production scheduling and material handling within the scope of the production process;

●understands and applies computer techniques as they relate to production process operations;

●high level stores and inventory responsibility;and/or

●has sound knowledge of employer’s operations as it relates to the production process.

(j) Cleaning

●dealing with owners and tenants responsible,with respect to the proper cleaning and servicing of building;

●handling routine personnel,industrial relations and health and safety matters;and/or

●directly involved in the provision of on-the-job training.

(k) Welfare officers

Persons engaged at this level as welfare officers will not be required to possess more than the trade certificate or equivalent qualifications and/or experience.

(l) Clerical support

●advanced clerical duties including administration assistance,the supervision of office personnel and the checking of work;and/or

●work under limited supervision,receives limited instructions with little guidance,is regularly required to exercise substantial responsibility and independent initiative and judgment and possesses a requisite knowledge of office procedures.

B.6 Grade 6

B.6.1 An employee who possesses trade qualifications or equivalent experience and skill to be capable of:

(a) assessing the ability,skill and competence of an employee with a disability to carry out specific work tasks or duties together with being able to design,develop and provide individual instructions and training for an employee with a disability as required to assist the employee with a disability in attaining their identified vocational goals;

(b) performing specialist tasks and is fully competent in their work,requires general supervision and little direct guidance in the performance thereof,exercises substantial responsibility and independent initiative and judgment with a requisite knowledge of their specific field and of the employer’s business;

(c) supervising the work of a section or unit engaged in work of a complex nature where trade skills or equivalent are required;

(d) co-ordinating and broadly overseeing the work of one or more supervisors who are engaged at a lower level;and

(e) exercising substantial responsibility and independent initiative and judgment with a requisite knowledge of their specific field and of the employer’s business.

B.6.2 Positions typically considered Grade 6 include:

●training/instructor;

●purchasing officer;

●developing officer;

●marketing officer;

●commis chef;

●supervisor/welfare support staff;and/or

●senior supervisor.

B.7 Grade 7

B.7.1 An employee who is responsible for the work of other employees. Such an employee will hold a trades certificate or equivalent qualification,experience and skill level and have completed formal training in personnel supervision.

B.7.2 Employees graded at this level may be expected to:

●organise,motivate and control subordinate staff;

●understand and apply quality control techniques;

●exercise good interpersonal and communication skills;and/or

●capable of operating all equipment used by subordinates.

B.7.3 Positions typically considered to be at the Grade 7 level include:

●senior supervisors—in charge of large and/or complex sections/units;and/or

●senior training officers.

Schedule C—National Training Wage

[Sched B renumbered as Sched C by PR994843 ppc 15Mar10;varied by PR998003 ,PR509134,PR522965,PR536768,PR545787,PR551691]

C.1 Title

This is the National Training Wage Schedule.

C.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

C.3 Coverage

C.3.1 Subject to clauses C.3.2 to C.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 C1 to this schedule or by clause C.5.4 of this schedule.

C.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 C1 to this schedule.

C.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.

C.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.

C.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.

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

C.4 Types of Traineeship

The following types of traineeship are available under this schedule:

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

C.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.

C.5 Minimum Wages

[C.5 substituted by PR998003,PR509134,PR522965,PR536768,PR551691 ppc 01Jul14]

C.5.1 Minimum wages for full-time traineeships

(a) Wage Level A

Subject to clause C.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 C1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	287.90	317.10	377.80
Plus 1 year out of school	317.10	377.80	439.60
Plus 2 years out of school	377.80	439.60	511.60
Plus 3 years out of school	439.60	511.60	585.80
Plus 4 years out of school	511.60	585.80
Plus 5 or more years out of school	585.80

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	Per week	per week
	$	$	$
School leaver	287.90	317.10	367.60
Plus 1 year out of school	317.10	367.60	422.80
Plus 2 years out of school	367.60	422.80	495.80
Plus 3 years out of school	422.80	495.80	565.60
Plus 4 years out of school	495.80	565.60
Plus 5 or more years out of school	565.60

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per week	per week	per week
	$	$	$
School leaver	287.90	317.10	367.60
Plus 1 year out of school	317.10	367.60	413.80
Plus 2 years out of school	367.60	413.80	462.20
Plus 3 years out of school	413.80	462.20	515.00
Plus 4 years out of school	462.20	515.00
Plus 5 or more years out of school	515.00

(d) AQF Certificate Level IV traineeships

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

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per week	per week
	$	$
Wage Level A	608.30	631.90
Wage Level B	586.90	609.50
Wage Level C	534.10	554.30

C.5.2 Minimum wages for part-time traineeships

(a) Wage Level A

Subject to clauses C.5.2(f) and C.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 C1 are:


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.47	10.44	12.43
Plus 1 year out of school	10.44	12.43	14.47
Plus 2 years out of school	12.43	14.47	16.83
Plus 3 years out of school	14.47	16.83	19.26
Plus 4 years out of school	16.83	19.26
Plus 5 or more years out of school	19.26

(b) Wage Level B


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.47	10.44	12.10
Plus 1 year out of school	10.44	12.10	13.91
Plus 2 years out of school	12.10	13.91	16.32
Plus 3 years out of school	13.91	16.32	18.61
Plus 4 years out of school	16.32	18.61
Plus 5 or more years out of school	18.61

(c) Wage Level C


	Highest year of schooling completed
	Year 10	Year 11	Year 12
	per hour	per hour	per hour
	$	$	$
School leaver	9.47	10.44	12.10
Plus 1 year out of school	10.44	12.10	13.61
Plus 2 years out of school	12.10	13.61	15.20
Plus 3 years out of school	13.61	15.20	16.94
Plus 4 years out of school	15.20	16.94
Plus 5 or more years out of school	16.94

(d) School-based traineeships

Subject to clauses C.5.2(f) and C.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 C1 are as follows when the trainee works ordinary hours:


Year of schooling
Year 11 or lower	Year 12
per hour	per hour
$	$
9.47	10.44

(e) AQF Certificate Level IV traineeships

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

Wage level	First year of traineeship	Second and subsequent years of traineeship
	per hour	per hour
	$	$
Wage Level A	20.01	20.79
Wage Level B	19.29	20.04
Wage Level C	17.57	18.24

(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 C.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 C.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 C.5.2(a)–(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

C.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.

C.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 C1 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.

C.6 Employment conditions

C.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.

C.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.

C.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.

[Note inserted by PR545787 ppc 01Jan14]

Note:The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause C.5.2(f)(ii) and not by this clause.

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

Appendix C1:Allocation of Traineeships to Wage Levels

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

C1.1 Wage Level A

Training package	AQF certificate level
Aeroskills	II
Aviation	I II III
Beauty	III
Business Services	I II III
Chemical,Hydrocarbons and Refining	I II III
Civil Construction	III
Coal Training Package	II III
Community Services	II III
Construction,Plumbing and Services Integrated Framework	I II III
Correctional Services	II III
Drilling	II III
Electricity Supply Industry—Generation Sector	II III (in Western Australia only)
Electricity Supply Industry—Transmission,Distribution and Rail Sector	II
Electrotechnology	I II III (in Western Australia only)
Financial Services	I II III
Floristry	III
Food Processing Industry	III
Gas Industry	III
Information and Communications Technology	I II III
Laboratory Operations	II III
Local Government (other than Operational Works Cert I and II)	I II III
Manufactured Mineral Products	III
Manufacturing	I II III
Maritime	I II III
Metal and Engineering (Technical)	II III
Metalliferous Mining	II III
Museum,Library and Library/Information Services	II III
Plastics,Rubber and Cablemaking	III
Public Safety	III
Public Sector	II III
Pulp and Paper Manufacturing Industries	III
Retail Services (including wholesale and Community pharmacy)	III
Telecommunications	II III
Textiles,Clothing and Footwear	III
Tourism,Hospitality and Events	I II III
Training and Assessment	III
Transport and Distribution	III
Water Industry (Utilities)	III

C1.2 Wage Level B

Training package	AQF certificate level
Animal Care and Management	I II III
Asset Maintenance	I II III
Australian Meat Industry	I II III
Automotive Industry Manufacturing	II III
Automotive Industry Retail,Service and Repair	I II III
Beauty	II
Caravan Industry	II III
Civil Construction	I
Community Recreation Industry	III
Entertainment	I II III
Extractive Industries	II III
Fitness Industry	III
Floristry	II
Food Processing Industry	I II
Forest and Forest Products Industry	I II III
Furnishing	I II III
Gas Industry	I II
Health	II III
Local Government (Operational Works)	I II
Manufactured Mineral Products	I II
Metal and Engineering (Production)	II III
Outdoor Recreation Industry	I II III
Plastics,Rubber and Cablemaking	II
Printing and Graphic Arts	II III
Property Services	I II III
Public Safety	I II
Pulp and Paper Manufacturing Industries	I II
Retail Services	I II
Screen and Media	I II III
Sport Industry	II III
Sugar Milling	I II III
Textiles,Clothing and Footwear	I II
Transport and Logistics	I II
Visual Arts,Craft and Design	I II III
Water Industry	I II

C1.3 Wage Level C

Training package	AQF certificate level
Agri-Food	I
Amenity Horticulture	I II III
Conservation and Land Management	I II III
Funeral Services	I II III
Music	I II III
Racing Industry	I II III
Rural Production	I II III
Seafood Industry	I II III

Schedule D—Supported Wage System

[Sched D inserted by PR529171 ppc 27Sep12;varied by PR537893 ,PR542223 ,PR551831]

D.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.

D.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,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 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

D.3 Eligibility criteria

D.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.

D.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.

D.4 Supported wage rates

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

Assessed capacity(clause D.5) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

[D.4.2 varied by PR537893,PR551831 ppc 01Jul14]

D.4.2 Provided that the minimum amount payable must be not less than $80 per week.

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

D.5 Assessment of capacity

D.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.

D.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.

D.6 Lodgement of SWS wage assessment agreement

[D.6.1 varied by PR542223 ppc 04Dec13]

D.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 the Fair Work Commission.

[D.6.2 varied by PR542223 ppc 04Dec13]

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

D.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.

D.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.

D.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.

D.10 Trial period

D.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.

D.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.

[D.10.3 varied by PR537893,PR551831 ppc 01Jul14]

D.10.3 The minimum amount payable to the employee during the trial period must be no less than $80 per week.

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

D.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 D.5.

Schedule E—2013 Part-day public holidays

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

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

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

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

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

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

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

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

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

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

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

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

** end of text **

Hide ►

About this document

Details

(1)

Code:

MA000103

Title:

Supported Employment Services Award 2020

Effective:

1 Jan 2023

Instrument Type:

Modern Award

Versions

(55)

MA000103 - 1 Jan 2023

Supported Employment Services Award 2020

MA000103 - 14 Nov 2022

Supported Employment Services Award 2020

MA000103 - 15 Jul 2022

Supported Employment Services Award 2020

MA000103 - 1 Jul 2022

Supported Employment Services Award 2020

MA000103 - 1 Jan 2022

Supported Employment Services Award 2020

MA000103 - 27 Sep 2021

Supported Employment Services Award 2020

MA000103 - 1 Jul 2021

Supported Employment Services Award 2020

MA000103 - 26 Mar 2021

Supported Employment Services Award 2020

MA000103 - 1 Jan 2021

Supported Employment Services Award 2020

MA000103 - 20 Nov 2020

Supported Employment Services Award 2020

MA000103 - 31 Oct 2020

Supported Employment Services Award 2020

MA000103 - 20 Oct 2020

Supported Employment Services Award 2020

MA000103 - 31 Jul 2020

Supported Employment Services Award 2020

MA000103 - 1 Jul 2020

Supported Employment Services Award 2020

MA000103 - 30 Apr 2020

Supported Employment Services Award 2020

MA000103 - 8 Apr 2020

Supported Employment Services Award 2020

MA000103 - 26 Feb 2020

Supported Employment Services Award 2020

MA000103 - 19 Dec 2019

Supported Employment Services Award 2020

MA000103 - 20 Jun 2019

Supported Employment Services Award 2020

MA000103 - 18 Apr 2019

Supported Employment Services Award 2020

MA000103 - 21 Nov 2018

Supported Employment Services Award 2020

MA000103 - 7 Nov 2018

Supported Employment Services Award 2020

MA000103 - 26 Oct 2018

Supported Employment Services Award 2020

MA000103 - 21 Sep 2018

Supported Employment Services Award 2020

MA000103 - 27 Jul 2018

Supported Employment Services Award 2020

MA000103 - 20 Jun 2018

Supported Employment Services Award 2020

MA000103 - 4 Dec 2017

Supported Employment Services Award 2020

MA000103 - 7 Nov 2017

Supported Employment Services Award 2020

MA000103 - 10 Oct 2017

Supported Employment Services Award 2020

MA000103 - 29 Jul 2017

Supported Employment Services Award 2020

MA000103 - 21 Jun 2017

Supported Employment Services Award 2020

MA000103 - 16 Dec 2016

Supported Employment Services Award 2020

MA000103 - 22 Aug 2016

Supported Employment Services Award 2020

MA000103 - 29 Jul 2016

Supported Employment Services Award 2020

MA000103 - 27 Jun 2016

Supported Employment Services Award 2020

MA000103 - 16 Nov 2015

Supported Employment Services Award 2020

MA000103 - 26 Jun 2015

Supported Employment Services Award 2020

MA000103 - 18 Jun 2015

Supported Employment Services Award 2020

MA000103 - 5 Mar 2015

Supported Employment Services Award 2020

MA000103 - 12 Nov 2014

Supported Employment Services Award 2020

MA000103 - 27 Jun 2014

Supported Employment Services Award 2020

MA000103 - 19 Jun 2014

Supported Employment Services Award 2020

MA000103 - 17 Dec 2013

Supported Employment Services Award 2020

MA000103 - 4 Dec 2013

Supported Employment Services Award 2020

MA000103 - 13 Nov 2013

Supported Employment Services Award 2020

MA000103 - 20 Jun 2013

Supported Employment Services Award 2020

MA000103 - 21 Dec 2012

Supported Employment Services Award 2020

MA000103 - 27 Sep 2012

Supported Employment Services Award 2020

MA000103 - 19 Jun 2012

Supported Employment Services Award 2020

MA000103 - 21 Jun 2011

Supported Employment Services Award 2020

MA000103 - 6 Dec 2010

Supported Employment Services Award 2020

MA000103 - 21 Jun 2010

Supported Employment Services Award 2020

MA000103 - 4 Jun 2010

Supported Employment Services Award 2020

MA000103 - 15 Mar 2010

Supported Employment Services Award 2020

MA000103 - 4 Dec 2009

Supported Employment Services Award 2020

MA000103 - 1 Jan 2000

Supported Employment Services Award 2020

Decisions

(27)

PR598321 - Decision - 04 Dec 2017

4 Dec 2017

PR594111 - Decision - 06 Jul 2017

6 Jul 2017

PR594269 - Decision - 05 Jul 2017

5 Jul 2017

PR593651 - Decision - 09 Jun 2017

9 Jun 2017

PR002017 - Decision - 06 Jun 2017

6 Jun 2017

PR579609 - Decision - 20 June 2016

1 Jul 2016

PR577551 - Decision - 01 Mar 2016

1 Mar 2016

PR574446 - Decision - 26 Nov 2015

27 Nov 2015

PR574266 - Decision - 22 Nov 2015

23 Nov 2015

PR573679 - Decision - 16 Nov 2015

16 Nov 2015

MA000103 - Decision - 30 Oct 2015

30 Oct 2015

PR573484 - Decision - 29 Oct 2015

30 Oct 2015

PR573487 - Decision - 29 Oct 2015

30 Oct 2015

MA000103 - Decision - 29 Oct 2015

29 Oct 2015

PR573428 - Decision - 28 Oct 2015

29 Oct 2015

PR573429 - Decision - 28 Oct 2015

29 Oct 2015

PR573430 - Decision - 28 Oct 2015

29 Oct 2015

PR573431 - Decision - 28 Oct 2015

29 Oct 2015

PR573432 - Decision - 28 Oct 2015

29 Oct 2015

MA000103 - Decision - 26 Jun 2015

26 Jun 2015

MA000103 - Decision - 05 Mar 2015

5 Mar 2015

MA000103 - Decision - 12 Nov 2014

12 Nov 2014

MA000103 - Decision - 27 Jun 2014

27 Jun 2014

MA000103 - Decision - 17 Dec 2013

17 Dec 2013

MA000103 - Decision - 13 Nov 2013

13 Nov 2013

MA000103 - Decision - 20 Jun 2013

20 Jun 2013

MA000103 - Decision - 15 Mar 2010

15 Mar 2010

Histories

(1)

MA000103H

2 Sep 2016

Variations

(50)

PR750549 - Variation - 10 Mar 2023

10 Mar 2023

PR750856 - Variation - 10 Mar 2023

10 Mar 2023

PR751105 - Variation - 03 Mar 2023

3 Mar 2023

PR749151 - Variation - 21 Dec 2022

21 Dec 2022

PR747454 - Variation - 04 Nov 2022

4 Nov 2022

PR740952 - Variation - 28 Jun 2022

28 Jun 2022

PR733863 - Variation - 27 Sep 2021

27 Sep 2021

PR719073 - Variation - 31 Oct 2020

31 Oct 2020

PR723980 - Variation - 30 Oct 2020

30 Oct 2020

PR723686 - Variation - 20 Oct 2020

20 Oct 2020

PR718543 - Variation - 30 Apr 2020

30 Apr 2020

PR717059 - Variation - 26 Feb 2020

26 Feb 2020

PR715168 - Variation - 19 Dec 2019

19 Dec 2019

PR707521 - Variation - 20 Jun 2019

20 Jun 2019

PR707748 - Variation - 20 Jun 2019

20 Jun 2019

PR707042 - Variation - 18 Apr 2019

18 Apr 2019

PR704217 - Variation - 04 Feb 2019

4 Feb 2019

PR701506 - Variation - 21 Nov 2018

21 Nov 2018

PR610269 - Variation - 26 Oct 2018

26 Oct 2018

PR700618 - Variation - 21 Sep 2018

21 Sep 2018

PR609432 - Variation - 27 Jul 2018

27 Jul 2018

PR606429 - Variation - 20 Jun 2018

20 Jun 2018

PR606580 - Variation - 20 Jun 2018

20 Jun 2018

PR597498 - Variation - 08 Nov 2017

8 Nov 2017

PR596711 - Variation - 10 Oct 2017

10 Oct 2017

PR592204 - Variation - 21 Jun 2017

21 Jun 2017

PR592357 - Variation - 21 Jun 2017

21 Jun 2017

PR593877 - Variation - 21 Jun 2017

21 Jun 2017

PR588654 - Variation - 16 Dec 2016

16 Dec 2016

PR584161 - Variation - 22 Aug 2016

22 Aug 2016

PR583085 - Variation - 29 Jul 2016

29 Jul 2016

PR579890 - Variation - 20 Jun 2016

1 Jul 2016

MA000103 - Variation - 18 Jun 2015

18 Jun 2015

MA000103 - Variation - 05 Jun 2015

5 Jun 2015

MA000103 - Variation - 19 Jun 2014

19 Jun 2014

MA000103 - Variation - 30 Dec 2013

30 Dec 2013

MA000103 - Variation - 04 Dec 2013

4 Dec 2013

MA000103 - Variation - 01 Jul 2013

1 Jul 2013

MA000103 - Variation - 19 Jun 2013

19 Jun 2013

MA000103 - Variation - 27 Sep 2012

27 Sep 2012

MA000103 - Variation - 19 Jun 2012

19 Jun 2012

MA000103 - Variation - 18 Jun 2012

18 Jun 2012

MA000103 - Variation - 01 Jul 2011

1 Jul 2011

MA000103 - Variation - 20 Jun 2011

20 Jun 2011

MA000103 - Variation - 01 Jan 2011

1 Jan 2011

MA000103 - Variation - 01 Jul 2010

1 Jul 2010

MA000103 - Variation - 21 Jun 2010

21 Jun 2010

MA000103 - Variation - 15 Mar 2010

15 Mar 2010

MA000103 - Variation - 01 Jan 2010

1 Jan 2010

MA000103 - Variation - 04 Dec 2009

4 Dec 2009

Related Information

Summaries

(10+)

MAG - MA000103 Supported Employment Services Award

1 Jul 2022

MAG - MA000103 Supported Employment Services Award

1 Jul 2021

MAG - MA000103 Supported Employment Services Award

20 Nov 2020

MAG - MA000103 Supported Employment Services Award

1 Nov 2020

MAG - MA000103 Supported Employment Services Award

18 Jun 2020

MAG - MA000103 Supported Employment Services Award

1 Jul 2019

MAG - MA000103 Supported Employment Services Award

1 Jul 2018

MAG - MA000103 Supported Employment Services Award

1 Jul 2017

MAG - MA000103 Supported Employment Services Award

1 Jul 2016

MAG - MA000103 Supported Employment Services Award

1 Jul 2015

More...