1
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards—Award stage—Group 3
(AM2014/217 and others)
JUSTICE ROSS, PRESIDENT
SENIOR DEPUTY PRESIDENT HAMBERGER
DEPUTY PRESIDENT CLANCY
COMMISSIONER ROE
COMMISSIONER JOHNS
MELBOURNE, 6 JULY 2017
4 yearly review of modern awards – Award stage – exposure drafts – Group 3 awards.
CONTENTS
Page Paragraph
1. Introduction 5 [1]
2. Review of Group 3 awards 5 [4]
2.1 Banking, Finance and Insurance Award 2010 6 [12]
2.2 Business Equipment Award 2010 7 [17]
2.3 Commercial Sales Award 2010 11 [40]
2.4 Coal Export Terminals Award 2010 11 [43]
2.5 Contract Call Centres Award 2010 12 [45]
2.6 Electrical Power Industry Award 2010 13 [51]
2.7 Higher Education Industry–Academic Staff–Award 2010 13 [53]
2.8 Higher Education Industry–General Staff–Award 2010 14 [59]
2.9 Labour Market Assistance Industry Award 2010 15 [65]
2.10 Local Government Industry Award 2010 17 [78]
2.11 Marine Towage Award 2010 18 [83]
2.12 Market and Social Research Award 2010 18 [90]
[2017] FWCFB 3433
DECISION
AUSTRALIA FairWork Commission
[2017] FWCFB 3433
2
Page Paragraph
2.13 Miscellaneous Award 2010 21 [104]
2.14 Pastoral Award 2010 21 [106]
2.15 Port Authorities Award 2010 58 [289]
2.16 Ports, Harbours and Enclosed Water Vessels Award 2010 60 [302]
2.17 Real Estate Industry 2010 62 [307]
2.18 Seagoing Industry Award 2010 62 [308]
2.19 State Government Agencies Award 2010 62 [311]
2.20 Telecommunications Award 2010 62 [312]
3. Other matters 64 [320]
3.1 Title and commencement 64 [321]
3.2 Definitions section 65 [329]
3.3 Duplication of definitions in coverage clause and definition
section
65 [334]
3.4 Coverage 67 [341]
3.5 References to the Fair Work Act 68 [345]
3.6 Casual overtime rates tables 69 [351]
3.7 Hourly rates of pay schedule – minimum hourly rate and
percentage of ordinary hourly rate
69 [353]
3.8 Reference to “allowances”, “rates”, or “loadings” as opposed to
“shift penalties”
70 [363]
3.9 Occupational health and safety references 73 [380]
4. Next steps 73 [383]
Attachment A—List of Group 3 awards 83
Attachment B—List of modern awards containing all purpose
allowances
90
Attachment C—Awards using term “occupational health and safety” 90
Attachment D—Overtime meal allowance provisions 109
[2017] FWCFB 3433
3
ABBREVIATIONS
ABI Australian Business Industrial and New South Wales
Business Chamber (jointly ABI)
ACTU Australian Council of Trade Unions
AFEI Australian Federation of Employers and Industries
Ai Group Australian Industry Group
AIMPE The Australian Institute of Marine and Power Engineers
AIRC Australian Industrial Relations Commission
AMOU The Australian Maritime Officers’ Union
APESMA The Association of Professional Engineers, Scientists and
Managers, Australia
ASU Australian Municipal, Administrative, Clerical and
Services Union
AWU The Australian Workers’ Union
Business SA South Australian Employers’ Chamber of Commerce and
Industry Inc trading as Business SA
CEPU Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union
of Australia
CFMEU Construction, Forestry, Mining and Energy Union
Commission Fair Work Commission
CPSU Community and Public Sector Union
December 2014 decision Full Bench decision re exposure drafts in Group 1A and
1B – General drafting – alleged inconsistencies with NES
– 23 December 2014 [2014] FWCFB 9412
FW Act Fair Work Act 2009 (Cth)
FWO Fair Work Ombudsman
FSU Finance Sector Union of Australia
HSU Health Services Union of Australia
July 2015 decision Full Bench decision re exposure drafts in Group 1A and
1B – drafting and technical issues – ordinary hourly rate
of pay – 13 July 2015 [2015] FWCFB 4658
MIAL Maritime Industry Australia Ltd
MUA Maritime Union of Australia
NES National Employment Standards
NFF National Farmers’ Federation
QIRC Queensland Industrial Relations Commission
Review 4 yearly review of modern awards under s.156 of the Fair
Work Act 2009
SCAA Shearing Contractors Association of Australia
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB4658.htm
[2017] FWCFB 3433
4
SDA Shop, Distributive and Allied Employees Association
September 2015 decision Full Bench decision re exposure drafts in Group 1A and
1B – drafting and technical issues – Absorption clause –
casual loading – 30 September 2015 [2015] FWCFB 6656
the Market Research Report Report by Justice Ross; Four yearly Review of Modern
Awards: Market and Social Research Award 2010 – 6 July
2016
the Pastoral award Pastoral Award 2010
The Port Authorities award Port Authorities Award 2010
The Ports award Ports, Harbours and Enclosed Water Vessels Award 2010
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB6656.htm
[2017] FWCFB 3433
5
1. Introduction
[1] Section 156 of the Fair Work Act 2009 (the Act) requires the Fair Work Commission
(the Commission) to review all modern awards every four years (the Review). In the Award
stage of the Review the 122 modern awards have been divided into 4 groups. This decision
deals with the technical and drafting issue issues arising out of the awards in Group 3.
1
The
33 awards allocated to Group 3 are listed at Attachment Ato this decision.
[2] This decision should be read in conjunction with earlier decisions and statements
concerning the Review, and in particular the decisions of 23 December 2014
2
(the December
2014 decision), 13 July 2015
3
(the July 2015 decision) and 30 September 2015
4
(the
September 2015 decision) in which the Commission dealt with a number of general drafting
and technical issues common to multiple exposure drafts.
[3] The December 2014 decision, along with an additional decision issued in May 2015
5
dealt with alleged inconsistencies with the National Employment Standards (NES). Further
decisions in relation to award flexibility (AM2014/300)
6
, annual leave (AM2014/47)
7
and
transitional provisions in relation to accident pay (AM2014/190)
8
also have application to this
group of awards.
2. Review of Group 3 awards
[4] Conferences were held on 30 March 2015 to identify the issues to be raised by
interested parties during the review of each of the Group 3 awards. The Commission
published summaries of proposed variations.
[5] The Fair Work Ombudsman (FWO) raised a number of issues identified through
interactions with employers and employees covered by Group 3 awards. While the FWO did
not participate in any proceedings during the Award stage, these issues were drawn to the
attention of the parties through notes in the exposure drafts and included in summaries of
submissions published.
[6] The Commission published exposure drafts for the Group 3 awards in two tranches
between December 2015 and January 2016 together with comparison documents showing the
changes made to the structure and language in the award. Interested parties were given an
opportunity to make written submissions on the exposure drafts and to reply to the
submissions of others. At the request of the parties, further conferences were held to deal with
a range of award-specific matters.
[7] Mentions were held on 6 and 7 June 2016 dealing with the technical and drafting
issues identified in relation to the Group 3 exposure drafts. The purpose of the mention was
to:
confirm that the published summaries of submissions were accurate and reflected
the positions of the parties;
identify any submissions or variations that were agreed or withdrawn; and
file://FWAVICSRV05/PCcommon/FWA-President/My%20Documents/Award%20Modernisation/4%20Yearly%20Review/Group%203%20&%204%20Awards/%5b2017%5d%20FWCFB%203433%20-%20MASTER%20Draft%20Decision%20Group%203%20-%205%20July%202017%20(clean).docx%23AttachmentA
file://FWAVICSRV05/PCcommon/FWA-President/My%20Documents/Award%20Modernisation/4%20Yearly%20Review/Group%203%20&%204%20Awards/%5b2017%5d%20FWCFB%203433%20-%20MASTER%20Draft%20Decision%20Group%203%20-%205%20July%202017%20(clean).docx%23AttachmentA
[2017] FWCFB 3433
6
identify any matters of a substantive nature that had not yet been referred to a
specially constituted Full Bench.
[8] Further conferences were conducted by individual members in respect of particular
Group 3 awards.
[9] This decision deals with the technical and drafting issues in the Group 3 awards, along
with a number of changes sought by parties (other than substantive changes requiring
extensive evidence). A subsequent decision will deal with the technical and drafting issues in
the remaining awards in Group 3 (Dredging Industry Award 2010, Educational Services
(Post-Secondary Education) Award 2010, Educational Services (Schools) General Staff
Award 2010; Horticulture Award 2010, Sugar Industry Award 2010, Clerks Private Sector
Award 2010, Fitness Industry Award 2010, Gardening and Landscaping Services Award
2010, Legal Services Award 2010, Nursery Award 2010, Silviculture Award 2010, Sporting
Organisations Award 2010 and Wine Industry Award 2010).
[10] This decision also deals with a number of ‘other matters’ which are set out at
Chapter 3.
[11] We now turn to the awards under Review which are dealt with in this decision.
2.1 Banking, Finance and Insurance Award 2010
[12] On 18 December 2015 the Commission published an initial exposure draft based on
the Banking, Finance and Insurance Award 2010 together with a comparison document
showing the changes made to the structure and language in the award. Interested parties were
provided with an opportunity to file written submissions and submissions in reply on the
drafting and technical issues in the exposure draft. Submissions were received from the
following parties:
Australian Industry Group (Ai Group)
South Australian Employers’ Chamber of Commerce and Industry Inc trading as
Business SA (Business SA)
Australian Federation of Employers and Industries (AFEI)
Australian Business Industrial and New South Wales Business Chamber (jointly
ABI)
The Australian Workers’ Union (AWU)
[13] A report was published on 22 April 2016 setting out the matters dealt with at a
conference held on 21 April 2016.
9
A number of issues raised were resolved at this
conference and at a further conference on 29 April 2016. A revised exposure draft was
published on 27 April 2016 along with a summary of submissions document. The report of 22
April 2016 called for further submissions in respect of a number of specific matters.
[14] Submissions were received from Business SA, Ai Group, AFEI, ABI and Finance
Sector Union of Australia (FSU). Commissioner Roe held a conference on 26 May 2016
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-banking.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-banking.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-reporttothefb-220416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217-exposure-draft-banking-revised-270416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217-sub-summary-270416.pdf
[2017] FWCFB 3433
7
during which a number of further issues were resolved. In preparation for that conference a
draft report was published on 12 May 2016. A further report was published by Commissioner
Roe on 26 May 2016. A revised exposure draft and summary of submissions reflecting the
progress made were published on 1 June 2016. In proceedings before Justice Ross on 6 and 7
June 2016 there was a further opportunity for parties to identify any outstanding issues.
Commissioner Roe conducted a further conference on 20 July 2016 to consider the issues
identified at the conference before Justice Ross.
10
Business SA provided a further submission
for that conference on 15 July 2016. A further report was published by Commissioner Roe on
21 July 2016.
[15] The outstanding items in respect of this award relate to the use of the terminology
‘shiftwork penalties’ and ‘shiftwork loadings’ (see Items 18 and 27 in the summary of
submissions). Ai Group support the use of the term ‘shift loading’ rather than ‘shift penalty’
in two clauses in this award. Ai Group addressed these matters in their submission of
31 August 2016 (relating to general issues in exposure drafts). This issue is also raised by Ai
Group in respect to a number of other Awards. This general issue is dealt with in Section 3.8
of this decision (at paragraph [363]).
[16] We are satisfied that it is appropriate to make the changes agreed to by the parties (as
outlined in the report to the Full Bench of 21 July 2016) and that there are no outstanding
technical or drafting issues in respect to the latest exposure draft of this award. There are no
substantive variation proposals which have not already been referred to a specially constituted
Full Bench. A revised exposure draft reflecting the agreed position of the parties’ will be
published shortly and parties will be provided with a final opportunity to comment.
2.2 Business Equipment Award 2010
[17] On 18 December 2015 the Commission published an initial exposure draft based on
the Business Equipment Award 2010 together with a comparison document showing the
changes made to the structure and language in the award.
Interested parties were provided
with an opportunity to file written submissions and submissions in reply on the drafting and
technical issues in the exposure draft. Submissions were received from the following parties:
Ai Group
Business SA
AFEI
ABI
the Australian Municipal, Administrative, Clerical and Services Union (ASU)
AWU
[18] Commissioner Roe published a report on 22 April 2016 that set out the matters dealt
with at a conference held on 21 April 2016. A number of issues raised were resolved at this
conference and a further conference on 29 April 2016. A revised exposure draft was published
on 27 April 2016 along with a summary of submission document. The report of 22 April 2016
called for further submissions in respect to a number of specific matters.
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-report-260516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/exposure-draft-banking-revised-010616.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/banking-sub-summary-revised-010616.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-report-210716.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-business-equipment.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-business-equipment.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-reporttothefb-220416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/exposure-draft-business-equipment-revised.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/busequip-sub-summary.pdf
[2017] FWCFB 3433
8
[19] Submissions were received from Business SA, Ai Group, AFEI, ABI and ASU.
Commissioner Roe held a further conference on 26 May 2016 during which a number of
further issues were resolved. In preparation for that conference a proposal was published on 2
May 2016 and a draft report was published on 12 May 2016. A further report was published
by Commissioner Roe on 26 May 2016. A revised exposure draft and summary of
submissions reflecting the progress made were published on 1 June 2016. In proceedings
before Justice Ross on 6 and 7 June 2016 there was a further opportunity for parties to
identify any outstanding issues. Commissioner Roe conducted a further conference on 20 July
2016 to consider the issues identified at the conference before Justice Ross. Business SA
provided a further submission for that conference on 15 July 2016. A further report was
published by Commissioner Roe on 21 July 2016.
[20] The outstanding items in respect to this award were items 5, 6 and 57 in the summary
of submissions report. Item 57 is a matter raised by the Ai Group concerning the Summary of
Hourly Rates of pay tables and the heading concerning “ordinary hourly rates”. The Ai Group
addressed this matter in their submission of 31 August 2016 relating to general issues in
exposure drafts. This general issue is dealt with in Section 3.7 of this decision (at paragraph
[353]).
[21] All parties at the relevant conferences agreed that Items 5 and 6 be determined on the
basis of the written submission provided to date and we deal with these issues below.
(i) Item 5 (Clause 6.4(c)(ii))
[22] The issue is whether the terms ‘ordinary hourly rate’ or ‘minimum hourly rate’ should
be used in Clause 6.4(c)(ii) of the award. It is not contested that the leading hand all-purpose
allowance does apply to casual employees. What is in contest is whether the casual loading is
applied to the minimum rate plus leading hand allowance. It was agreed that this matter
should be determined by the Full Bench on the basis of the written submissions currently
before us.
[23] Ai Group accept that the intention of the usage of ‘ordinary hourly rate’ in the
exposure draft is to require that the casual loading be applied to a rate that incorporates any all
purposes allowance.
[24] In its September 2015 Decision, the Full Bench referred to the July 2015 Decision in
the following terms.
‘[85] However in respect of the calculation of the casual loading vis-a-vis all purpose
allowances, the Commission went on to say in the July 2015 decision:
“[69] Some employer parties (e.g. Ai Group pp.12-13 re Cotton Ginning Award 2010
and more generally, pp.17-18) have submitted that where the current modern award
states that the loading is calculated on "1/38th of the weekly award wage" or "1/38th
of the minimum weekly rate", the casual loading should not be calculated based on the
ordinary hourly rate that is they do not consider the all purpose allowance should be
added to the minimum rate before the 25% is calculated. They submit that the casual
loading is 25% of the minimum rate and added to the minimum hourly rate, then the
all purpose allowance is added after that.
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-report-260516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/exposure-draft-business-equipment-revised-010616.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/busequip-sub-summary-revised-010616.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/busequip-sub-summary-revised-010616.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-report-210716.pdf
[2017] FWCFB 3433
9
[70]1n our view it is desirable that there be a consistent rule relating to the calculation
of a casual loading which should apply across all awards. Our provisional view is that
the position of certain employer parties outlined above at paragraph [69] is the
preferred option that should be adopted across all awards. That is, the casual loading
will not be calculated based on the ordinary hourly rate. The casual loading will be
calculated as 25% of the minimum rate, with any all purpose allowance being added
after that.” ’
11
[25] The conclusion of the September 2015 Decision was the provisional view expressed in
the July 2015 Decision would not be followed and, relevantly, said:
‘[102] We accept the submission that the provisional decision is inconsistent with the general
approach adopted in the 2008 decision, namely that the casual loading should be applied to the
ordinary time rate. Although what constituted the ordinary time rate was not the subject of
express consideration in the 2008 decision, we consider it to be well understood that an
allowance which is described as all purpose in nature is one that necessarily forms part of the
ordinary time rate. That being the case, any departure from that approach proposed by the
provisional decision must be justified by cogent reasons.’
12
[26] The September 2015 Decision continued:
‘[106] The obligation in s.134(1) of the FW Act to ensure that modern awards provide a fair
and relevant minimum safety net of terms and conditions carries with it a requirement (in
s.134(1)(g)) to take into account “the need to ensure a simple, easy to understand, stable and
sustainable modern award system …”. We accept that the adoption of a clear and consistent
approach in relation to whether the casual loading should apply to all purpose allowances is
desirable in the interests of simplicity and ease of understanding, although the particular
circumstances of some awards may require special consideration. The question is whether the
approach proposed by the provisional decision is the one which should be preferred in this
respect.
….
[109] The concern which underlay the provisional decision was whether it was appropriate for
certain allowances currently expressed as all-purpose allowances to be paid at an increased
level for casual employees by reason of the application of the casual loading. Ultimately
however we have concluded that to deal with this concern in the manner proposed by the
provisional decision is too broad-brush an approach and involves conducting the analysis from
the wrong starting point. We consider that the preferable approach is to permit
reconsideration, on an award-by-award basis during the course of the 4-yearly review, as to
whether any existing allowance should retain its “all purpose” designation or should be
payable on some different basis.’
13
[27] The Full Bench then reached the following conclusion:
‘[110] The general approach will remain as expressed in the exposure drafts, namely
that the casual loading will be expressed as 25% of the ordinary hourly rate in the case
of awards which contain any all purpose allowances, and will be expressed as 25% of
the minimum hourly rate in awards which do not contain any such allowances.’
14
.
[28] The Ai Group submits that the present award requires that the all purpose payment be
added to the minimum hourly rate plus the casual loading. The exposure draft requires the
[2017] FWCFB 3433
10
casual loading to be applied to the minimum hourly rate plus the all purpose payment. Ai
Group argue that this is a substantive change which may have significant cost implications
and suggest that the definition of “all purpose” could be altered to exempt the casual loading
in relevant awards.
[29] The definition of “all purpose” and the issue of the use of “ordinary hourly rate” in
respect to the casual loading in the case of awards which contain an all purpose allowance has
been determined by a Full Bench. When that Full Bench made its decision it was conscious of
the fact that current awards deal with this issue differently and decided that despite this a
general approach should be adopted.
[30] The expression in the current award – ‘1/38
th
of the weekly wage prescribed by this
award for the work which the employee performs, plus 20%’ – does not necessarily exclude
all purpose allowances because the terms “weekly wage” and ‘minimum weekly wage’ are
not identical. It is not necessary to determine this matter.
[31] The award by award consideration referred to by the Full Bench and quoted above
relates to questions “as to whether any existing allowance should retain its “all purpose”
designation or should be payable on some different basis”. Ai Group is not arguing that the
leading hand allowance in this award should lose its all purpose designation.
[32] We are not satisfied that we should depart from the general approach adopted by the
September 2015 Full Bench. The exposure draft will not be varied.
(ii) Item 6 (Clause 6.4(c))
[33] The issue is whether in Clause 6.4(c) the expression “for the classification in which
they are employed” should be used or the expression “for the work which the employee
performs”. It was agreed that this matter should be determined by the Full Bench on the basis
of the written submissions currently before us.
[34] Ai Group submit as follows:
‘The current award at clause 13.2 requires the payment of 1/38th of the weekly wage prescribed
by the award “for the work which the employee performs”.’
15
[35] That is, the rate at which the employee is to be paid is contingent upon the work
performed. It is not based upon a pre-determination of the employee’s classification.
[36] Clause 6.4(c) of the Exposure Draft alters the effect of the current clause by
associating the rate at which a casual employee is to be paid with “the classification in which
they are employed”. This is despite the fact that, having regard to the relevant provisions of
the award and the classification structure, a casual employee need not be employed at any
specific classification.”
16
[37] We do not consider the expression “for the classification in which they are employed”
excludes the possibility that a casual employee may be engaged in work covered by different
classifications from time to time. We therefore do not consider that in this context there is any
significant difference between the expression “for the classification in which they are
employed” and the expression “for the work which the employee performs”. In the exposure
[2017] FWCFB 3433
11
drafts the expression “for the classification in which they are employed” has commonly been
used in this context.
[38] However, we accept that the expression sought by the Ai Group provides sufficient
clarity and we will vary the exposure draft accordingly. The expression “for the classification
in which they are employed” will be replaced with the expression “for the work which the
employee performs” in Clause 6.4(c).
[39] We are satisfied that it is appropriate to make the changes agreed to by the parties (as
outlined in the further report to the Full Bench), and that there are no outstanding technical or
drafting issues in respect to the latest exposure draft of this award. There are no substantive
variation proposals which have not already been referred to a specially constituted Full
Bench. A revised exposure draft reflecting this decision and the agreed position of the parties’
will be published shortly and parties will be provided with a final opportunity to comment.
2.3 Commercial Sales Award 2010
[40] On 18 December 2015 the Commission published an initial exposure draft based on
the Commercial Sales Award 2010 together with a comparison document showing the
changes made to the structure and language in the award. Interested parties were provided
with an opportunity to file written submissions and submissions in reply on the drafting and
technical issues in the exposure draft. Submissions were received from the Ai Group,
Business SA, AFEI, and ABI. Commissioner Roe published a report on 22 April 2016 that set
out the matters dealt with at a conference held on 21 April 2016.
A number of issues raised
were resolved at this conference and a further conference on 29 April 2016. A revised
exposure draft was published on 27 April 2016 along with a summary of submission
document. The Report of 22 April 2016 called for further submissions in respect to a number
of specific matters. Submissions were received from Business SA, Ai Group, AFEI, ABI and
ASU.
[41] A representative of a number of major media organisations
17
attended the conferences.
Their concern particularly related to variations proposed in respect to annual leave which have
been referred to the annual leave Full Bench. Commissioner Roe held a further conference on
26 May 2016 during which a number of further issues were resolved. In preparation for that
conference a proposal was published on 2 May 2016 and a draft report was published on
12 May 2016. A further report was published by Commissioner Roe on 26 May 2016.
A
revised exposure draft and summary of submissions reflecting the progress made were
published on 1 June 2016. In proceedings before Justice Ross on 6 and 7 June 2016 there was
a further opportunity for parties to identify any outstanding issues.
[42] We are satisfied that it is appropriate to make the changes agreed to by the parties (as
outlined in the report to the Full Bench of 26 May 2016), and that there are no outstanding
technical or drafting issues in respect to the latest exposure draft of this award. There are no
substantive variation proposals which have not already been referred to a specially constituted
Full Bench.
2.4 Coal Export Terminals Award 2010
[43] On 15 January 2016 the Commission published an exposure draft of the Coal Export
Terminals Award 2010, together with a comparison document showing the changes to the
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-commercial-sales.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-commercial-sales.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-reporttothefb-220416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014221-exposure-draft-revised.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014221-exposure-draft-revised.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014221-subs-summary-270416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-report-260516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/exposure-draft-commercial-sales-revised-010616.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/commercialsales-subs-summary-310516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-coal.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-coal-exports.pdf
[2017] FWCFB 3433
12
structure and language in the award. Interested parties were invited to file submissions about
drafting or technical issues in the exposure draft. Submissions were received from the
Construction, Forestry, Mining and Energy Union (CFMEU) and the Coal Terminals Group
(CTG), consisting of Hay Point Services Pty Limited, Port Kembla Coal Terminal Limited
and Abbott Point Bulkcoal Pty Ltd. A conference was held in Sydney on 11 May 2016
attended by representatives of both organisations. Senior Deputy President Hamberger
published a report to the Full Bench on 26 May 2016 that set out a number of proposed
variations to the exposure draft that were agreed to by the parties, or which were sought by
the CFMEU and for which the CTG had no submission to make. A number of variations that
were not agreed were also set out.
[44] A further conference was held on 5 July 2016 to deal with the outstanding issues. A
second report to the full bench was made by Senior Deputy President Hamberger on 10
August 2016. This report noted that the parties had subsequently reached agreement on the
outstanding matters and outlined the agreed changes. We are satisfied that it is appropriate to
make the changes agreed to by the parties (as outlined in the two reports to the Full Bench),
and that there are no outstanding technical or drafting issues in respect of the Coal Export
Terminals Award 2010. A revised exposure draft reflecting the agreed position of the parties’
will be published shortly and parties will be provided with a final opportunity to comment.
2.5 Contract Call Centres Award 2010
[45] On 18 December 2015 the Commission published an initial exposure draft based on
the Contract Call Centres Award 2010 together with a comparison document showing the
changes made to the structure and language in the award. Interested parties were provided
with an opportunity to file written submissions and submissions in reply on the drafting and
technical issues in the exposure draft. Submissions were received from the Ai Group, AFEI,
and ABI. The ASU and the Community and Public Sector Union (CPSU) also made proposals
at the conferences. Commissioner Roe published a report on 22 April 2016 that set out the
matters dealt with at a conference held on 21 April 2016. A number of issues raised were
resolved at this conference and a further conference on 29 April 2016. A revised exposure
draft was published on 27 April 2016 along with a summary of submission document.
[46] Submissions in reply were received from Ai Group, AFEI and ABI. Commissioner
Roe held a further conference on 26 May 2016 during which a number of further issues were
resolved. In preparation for that conference a draft report was published on 12 May 2016. A
further report was published by Commissioner Roe on 26 May 2016. A revised exposure draft
and summary of submissions reflecting the progress made were published on 1 June 2016. In
proceedings before Justice Ross on 6 and 7 June 2016 there was a further opportunity for
parties to identify any outstanding issues. Commissioner Roe conducted a further conference
on 20 July 2016. A further report was published by Commissioner Roe on 21 July 2016 and
an updated exposure draft was published on 16 August 2016.
[47] The only outstanding matter following the publication of the 16 August 2016 draft is
the proposal to vary the classification structure in this Award to clarify the classification level
of employees providing and developing on the job training. The relevant parties have held
discussions and following a conference held on 2 September 2016 Ai Group and the CPSU
reached an agreement on the appropriate amendments to the classification structure. The
agreed proposal was distributed with a report published by Commissioner Roe on 19 May
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014220-reportfb-260516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014220-reportfb-10082016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-call-centres.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-contract-call-centres.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-reporttothefb-220416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014222-exposure-draft-revised-270416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014222-exposure-draft-revised-270416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014222-sub-summary-270416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-report-260516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/exposure-draft-call-centres-revised-010616.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/contract-sub-summary-revised-010616.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-report-210716.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-call-centres-revised.pdf
[2017] FWCFB 3433
13
2017 and a corrected version was published on 30 May 2017. In that report the following
directions were published.
“Any interested party who wishes to make a submission about this proposal must do so by no
later than 2 June 2017. It is proposed to deal with this matter on the basis of the submissions
received by 2 June 2017. If there is any objection to this proposed course of action it should be
received by no later than 2 June 2017.”
[48] No objections or submissions were received. The first change proposed is to insert an
additional aspect of the definition for a “Principal Customer Contact Specialist” as follows:
“An employee at this level may provide on the job training instead of customer contact and
assist with developing training programs where they are not receiving calls.”
[49] The second change proposed is to insert an additional indicative task for the
“Customer Contact Team Leader” definition as follows:
“Develop and lead on the job training”
[50] We agree that it is both necessary and appropriate to vary the classification definitions
to include on the job training. A revised exposure draft will be published to incorporate this
variation. We are satisfied that it is appropriate to make the changes agreed to by the parties
(as outlined in the further report to the Full Bench), and that there are no outstanding technical
or drafting issues in respect to this Award. There are no substantive variation proposals which
have not already been referred to a specially constituted Full Bench.
2.6 Electrical Power Industry Award 2010
[51] On 15 January 2016 the Commission published an exposure draft of the Electrical
Power Industry Award 2010, together with a comparison document showing the changes to
the structure and language of the award. On 3 March 2016 a separately constituted Full Bench
issued a decision rejecting the insertion of an electrical licencing allowance into the award.
18
A conference was held in Sydney on 11 May 2016, attended by representatives of Ai Group,
the ASU, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia (CEPU), the CFMEU and the AWU. A report to the
Full Bench on 25 May 2016 was made by Senior Deputy President Hamberger indicating
proposed variations to the exposure draft that had the support of all the parties at the
conference. There were no proposed variations still pressed that did not have the support of all
the interested parties.
[52] We are satisfied that it is appropriate to make the changes agreed to by the parties (as
outlined in the report to the Full Bench), and that there are no outstanding technical or
drafting issues in respect of the Electrical Power Industry Award 2010. A revised exposure
draft reflecting the agreed position of the parties’ will be published shortly and parties will be
provided with a final opportunity to comment.
2.7 Higher Education Industry–Academic Staff–Award 2010
[53] An exposure draft based on the Higher Education Industry–Academic Staff–Award
2010 was published on 18 December 2015. A conference was held before Commissioner
Johns on 10 May 2016 to address the outstanding technical drafting issues raised by
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-electrical-power.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-electrical-power.pdf
https://www.fwc.gov.au/decisionssigned/html/2016FWCFB1294.htm
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014226-report-250516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014226-report-250516.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-higher-ed-academic.pdf
[2017] FWCFB 3433
14
Australian Higher Education Industrial Association (AHEIA), National Tertiary Education
Union (NTEU), and the Group of Eight Universities (Go8). Many outstanding issues were
resolved at this conference. A revised exposure draft was published on 26 May 2016
reflecting parties agreed position and a further revised exposure draft published on 3 June
2016. The Commission adopts the agreed position of the parties as reflected in the further
revised exposure draft of 3 June 2016.
[54] At the hearing before Justice Ross on 7 June 2016 it was acknowledged that there
some are outstanding technical and drafting issues for this award. Parties were provided an
opportunity to make submissions on the further revised exposure draft of 3 June 2016 to
address any inaccuracies.
[55] The NTEU submitted that the second iteration of clause 9.4(a), rather than the first, of
‘marking as a supervising examiner’ should be deleted. The NTEU reiterated their concern
regarding consistency of the public holiday provision with the NES in exposure draft clause
16.2 Public Holiday substitution.
19
[56] Go8 agreed with NTEU submission regarding exposure draft clause 9.4(a) and
submitted that the second issue, regarding public holiday provisions, was not inconsistent.
However, it submitted that the issue needs to be addressed that it should be dealt with by this
Full Bench.
20
[57] The NTEU is directed to respond to the Go8 submission that public holiday
substitution should be dealt with by this Full Bench by Friday 28 July 2017.
[58] A number of substantive issues in this award were referred to a separately constituted
Full Bench in AM2015/6 in October 2015.
21
Any outstanding technical and drafting issues
will be finalised after the Full Bench hands down its decision on the remaining substantive
matters.
22
2.8 Higher Education Industry–General Staff–Award 2010
[59] An exposure draft based on the Higher Education Industry–General Staff–Award 2010
was published on 18 December 2015. A conference was held before Commissioner Johns on
10 May 2016 to address the outstanding technical drafting issues raised by Australian Higher
Education Industrial Association (AHEIA), National Tertiary Education Union (NTEU), and
the Group of Eight Universities (Go8). Most of the outstanding issues were resolved at this
conference. A revised exposure draft was published on 27 May 2016 reflecting parties agreed
position and a further revised exposure draft published on 3 June 2016.
[60] At hearing before Justice Ross on 7 June 2016 the outstanding technical and drafting
issues for this award were discussed. Parties were provided an opportunity to make
submissions on the exposure drafts published on 3 June 2016 to address any inaccuracies.
[61] The NTEU wrote to the Commission following the hearing to reiterate its concern that
the exposure draft public holiday clause 20 was inconsistent with the NES.
23 Go8 addressed
NTEU’s concern regarding public holiday provisions, submitting the clause was not
inconsistent NES. However, Go8 submits that if the clause is to be addressed it should be
dealt with by the 4 yearly review Group 3 Full Bench.
24
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-higher-ed-academic-revised.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-higher-education-general.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/submissions/exposure-draft-higher-education-general-revised.pdf
[2017] FWCFB 3433
15
[62] The NTEU is directed to respond to the Go8 submission that public holiday
substitution should be dealt with by this 3 Full Bench by Friday 28 July 2017.
[63] Go8 also made submissions regarding a drafting error with clause 16.5 of the exposure
draft, proposing it be amended according to its submission which reflected what was agreed at
conference. We agree with the Go8 proposal in respect of clause 16.5.
[64] A number of substantive issues in this award were referred to a separately constituted
Full Bench in AM2015/6 in October 2015.
25
Any outstanding technical and drafting issues
will be finalised after that Full Bench hands down its decision on the remaining substantive
matters.
26
2.9 Labour Market Assistance Industry Award 2010
[65] The Commission published an initial exposure draft based on the Labour Market
Assistance Industry Award 2010 on 18 December 2015 together with a comparison document
showing the changes made to the structure and language of the award. Interested parties were
provided with an opportunity to file written submissions and submissions in reply on the
drafting and technical issues in the exposure draft.
27
Submissions were received from AFEI,
28
ABI,
29
ASU
30
and Jobs Australia
31
and a summary of submissions was published on 23 May
2016. The matter was listed for mention on 6 June 2016 in order to:
(i) confirm that the published summary of submissions was accurate and
reflected the parties’ positions;
(ii) identify any submissions or variations agreed or withdrawn; and
(iii) identify whether any matters raised in submissions were of a
substantive nature and required consideration by a specially constituted Full
Bench.
[66] At the 6 June 2016 mention
32
the interested parties
33
indicated that they would benefit
from a conference to discuss the outstanding technical and drafting issues in relation to this
award. In addition, the union parties were given seven days to clarify their positions.
34
On 10
June 2016, correspondence was received from the ASU, in which it confirmed that the parties
would benefit from conferencing to assist in working through the outstanding issues.
35
[67] A revised summary of submissions was published on 27 June 2016 and on
30 June 2016 a conference was held to discuss the outstanding technical and drafting issues.
36
A Report to the Full Bench (the Labour Market Report) was issued on 6 July 2016 setting out
the matters discussed at the 30 June 2016 conference.
[68] In respect of item 2 of the revised summary of submissions, all parties who appeared
37
at the conference were content with the wording of clause 6.3 of the exposure draft and AFEI
(who did not appear) was given seven days to confirm their position. The Commission wrote
to AFEI
38
on 21 October 2016 and gave a deadline of 4.00 pm on Friday 28 October 2016 by
which to provide a response. No response has been received.
[69] In the Labour Market Report, the Commission directed the parties to have further
discussions in respect of items 8, 10, 11, 12 and 14 of the revised summary of submissions
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-labour-market.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-labour-market.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/labour-market-subs-summary.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/labour-market-subs-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/labour-market-sub.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014232-report-060716.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-labour-market.pdf
[2017] FWCFB 3433
16
and to report back to the Commission within 21 days. On 25 July 2016, the parties' joint
report back
39
was filed and is summarised below:
(i) Items 8 and 10 (clause 11.2(b)(ii))
[70] The parties agreed that the clause in the exposure draft reflected the current award
provision and prima facie a provision for overtime applied. As to the circumstances in which
overtime is to be paid, the parties reported as follows:
‘…provision for an 8 hour payment, facilitation of the maximum of up to 10 ordinary hours for
excursion activities and the overtime obligation for work in excess of ordinary hours’.
[71] Further, the parties proposed the following words be inserted at clause 11.2(b)(ii):
‘Except where an agreement has been made in accordance with clause 14.3, where an employee
is required to work in excess of 10 ordinary hours per day during excursion activities, the
employee is entitled to the overtime rates at clause 14.2.’
(ii) Items 11 and 12 (clause 14.2(c))
[72] The parties agreed that clause 20.2 of the exposure draft should be amended for
consistency with clause 14.2(c) and had no further submissions in relation to the wording
proposed for that clause.
[73] It was agreed that clause 14.2(c) of the exposure draft reflected the position under the
current award. In addition, the parties proposed amendments to clauses 14.2(c)(i) and
14.2(c)(ii) to clarify how the overtime provision operated as follows:
(a) in relation to clause 14.2(c)(i) the parties proposed the following
wording be inserted:
‘250% of the minimum hourly rate for work performed during the span of
hours worked between 6.00 am and 8.00 pm, and not exceeding 10 hours in
one day; and/or’.
(b) the parties proposed the following wording in respect of clause
14.2(c)(ii):
‘350% of the minimum hourly rate for work performed outside the span of
hours worked between 6.00 am and 8.00 pm, or in excess of 10 hours in one
day.’
(iii) Item 13 – ASU claim to clarify payment of leave loading on termination
[74] The ASU noted that the issue of payment of annual leave entitlements on termination
is being dealt with by the Annual Leave Common Issue Full Bench (AM2014/47) but
nevertheless advised it is continuing discussions with the Australian Council of Trade Unions
(ACTU) regarding the next steps for dealing with the claim.
https://www.fwc.gov.au/awards-agreements/awards/modern-award-reviews/4-yearly-review/common-issues/am201447-annual-leave
[2017] FWCFB 3433
17
(iv) Item 14 – Jobs Australia proposal to vary the classification definitions
[75] ASU noted its interest in the Jobs Australia proposal
40
and advised it had no concerns
with the proposal, as amended, following the parties’ discussions. During the parties’
discussions, the proposal was amended as follows:
(a) paragraph 8 was withdrawn and the parties agreed the exposure draft
wording should be retained; and
(b) paragraph 9 was amended such that it is now proposed that the word
‘instruction’ be replaced with the words ‘employment services’ for
consistency throughout the classification schedules.
[76] Items 5, 6 and 7 of the revised summary of submissions were referred to the Part-time
and Casual employment Full Bench in AM2014/196 and AM2014/197.
[77] Following receipt of the parties' joint report back there were no outstanding technical
and drafting issues. A revised exposure draft reflecting the agreed position of the parties’ will
be published shortly and parties will be provided with a final opportunity to comment.
2.10 Local Government Industry Award 2010
[78] On 18 December 2015 the Commission published an initial exposure draft based on
the Local Government Industry Award 2010. A conference was held to discuss the exposure
draft on 27 April 2016. The parties agreed to a number of matters and a revised exposure draft
was republished on 28 April 2016 to reflect these agreed changes.
[79] A further conference was held on 18 May 2016 to discuss the agreed changes made to
the revised exposure draft published 28 April 2016 as well as to discuss any outstanding
matters. A number of matters were agreed between the parties and a further revised exposure
draft was republished on 26 May 2016 to reflect these agreed changes. The full bench adopts
the changes as reflected in the further revised exposure draft.
[80] At the mention for the matter on 7 June 2016 parties were invited to consider the
Report to the Full Bench published on 6 June 2016 together with the further revised exposure
draft and advise the Commission of any outstanding issues.
41
[81] Local Government NSW, on behalf of various local government associations, (jointly
the LGA) wrote to the Commission on 14 June 2016 advising that there were a few
outstanding amendments to consider in relation to trading names of default superannuation
funds at clause 12.4 of the further revised exposure draft. On 26 May 2017 the Commission
wrote to the LGA explaining that s.156(2)(c) of the Act provides that the Full Bench ‘must
not review, or make a determination to vary, a default fund term of a modern award’ as part of
the 4 yearly review of modern awards. The LGA replied on 31 May 2017 stating they would
withdraw this claim under the Review and intend making a similar claim under s.160,
Variation of modern awards to remove ambiguity or uncertainty or correct error.
[82] There are no remaining drafting and technical issues to be resolved.
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014232-joint-sub-asu-250716.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-local-government.pdf
file:///C:/www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-local-government-revised.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-local-government-revised.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-local-government-revised.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014234-report-to-fb-local-govt.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-local-government-revised.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-local-government-revised.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014234-corr-lgnsw-140616.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-local-government-revised.pdf
mailto:https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014234-corro-lga-superannuation-260517.pdf
mailto:https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201434-corr-lga-310517.pdf
[2017] FWCFB 3433
18
2.11 Marine Towage Award 2010
[83] On 15 January 2016 the Commission published an initial exposure draft based on the
Marine Towage Award 2010 (the Marine Towage Award) together with a comparison
document showing the changes made to the structure and language in the award. Interested
parties were provided with an opportunity to file written submissions and submissions in
reply on the drafting and technical issues in the exposure draft.
42
Submissions were filed by
the Maritime Union of Australia (MUA)
43
and Maritime Industry Australia Limited (MIAL)
44
in relation to the drafting and technical issues. Submissions concerning substantive issues
were filed by The Australian Maritime Officers’ Union (AMOU), MIAL, MUA and Sea
Swift. A summary of submissions was published by the Commission on 30 May 2016.
[84] The substantive issues raised (items 1, 2 and 3 of the summary of submissions) were
referred to a separately constituted Full Bench in matter AM2016/5 for determination.
45
[85] The Marine Towage Award was listed for mention on 6 June 2016 to:
(i) confirm that the published summary of submissions was accurate and reflected
the parties’ positions;
(ii) identify any submissions or variations agreed or withdrawn; and
(iii) identify whether any matters raised in submissions were of a substantive nature
and required consideration by a specially constituted Full Bench.46
[86] The Australian Institute of Marine and Power Engineers (AIMPE), MIAL and the
MUA appeared at the 6 June 2016 mention.
[87] Following the 6 June 2016 mention, a revised summary of submissions was published
on 24 June 2016. A further conference was held in Sydney on 4 August 2016 (the August
conference) to discuss the outstanding technical and drafting issues listed in the revised
summary of submissions.
47
MIAL and the MUA appeared before the Commission at that
conference.
[88] It was confirmed at the August conference that there were no outstanding technical
and drafting issues remaining.
48
[89] Following the determination of the coverage matters by the AM2016/5 Full Bench, the
Commission will publish a revised exposure draft. All questions will be removed from the
revised exposure draft and the draft will be republished shortly and parties will be provided
with a final opportunity to comment.
2.12 Market and Social Research Award 2010
[90] On 18 December 2015 the Commission published an initial exposure draft based on
the Market and Social Research Award 2010 (the Market Research award) and a comparison
document showing the changes made to the structure and language in the award. Interested
parties were provided with an opportunity to file written submissions and submissions in
reply on the drafting and technical issues in the exposure draft.
49
Ai Group was the only party
to file material in the Commission in relation to the review of the the Market Research award.
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-marine-towage.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-marine-towage.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-marine-towage.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/marine-towage-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/marine-towage-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/marine-towage-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/marine-towage-summary-revised.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/marine-towage-summary-revised.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/marine-towage-summary-revised.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-market.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-market.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-market.pdf
[2017] FWCFB 3433
19
A summary of submissions was published by the Commission on 23 May 2016 and the award
was listed for mention
50
on 6 June 2016 to:
(i) confirm that the published summary of submissions was accurate and reflected
the parties’ positions;
(ii) identify any submissions or variations agreed or withdrawn; and
(iii) identify whether any matters raised in submissions were of a substantive nature
and required consideration by a specially constituted Full Bench.
[91] Ai Group appeared at the 6 June 2016 mention and proposed that the award be listed
for conference to discuss the issues listed in the summary of submissions. Following the
mention, a revised summary of submissions was published on 27 June 2016 and on
30 June 2016 a conference was held to discuss the outstanding technical and drafting issues.
51
[92] At the conference, Ai Group withdrew its claim listed at item 10 of the revised
summary of submissions.
52
A Report to the Full Bench (the Market Research Report) was
published by the Commission on 6 July 2016 setting out what was discussed at the
30 June 2016 conference.
53
In the Market Research Report, Ai Group was directed to file an
amended submission by 4.00pm on Monday 8 July 2016 and on 4 July 2016 Ai Group filed
its amended submission.
54
No submissions were filed in reply.
[93] In their submission Ai Group withdrew a number of the issues previously raised. The
remaining issues relate to: (i) Clauses 3.4 and 3.5—Coverage and (ii) Clause 6.5(c)(ii)—
Casual loading
[94] The first issue re coverage is a matter that affects a number of exposure drafts and is
dealt with later in paragraphs [334] to [340].
(i) Clause 6.5(c)(ii)–Casual loading
[95] Clause 6.5(c)(ii) of the exposure draft refers to the casual loading being paid instead of
various “entitlements” of full-time or part-time employment. Ai Group submit that this is an
oversimplification of the purpose of the casual loading and that the word “attributes”, which
appears in the current award is more appropriate. We agree. The exposure draft will be
revised to read:
‘The casual loading is paid instead of annual leave, personal/carer’s leave, notice of termination,
redundancy benefits and the other entitlements attributes of full-time or part-time
employment.’
(ii) Clause 7.2—Classifications
[96] Ai Group submit that the reference to Schedule B in the clause is an error. The clause
should refer to Schedule A. We agree. The error will be corrected in the revised exposure
draft.
https://www.fwc.gov.au/sites/awardsmodernfouryr/market-social-research-subs-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/market-social-research-subs-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/market-social-research-subs-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/market-social-research-subs.pdf
[2017] FWCFB 3433
20
(iii) Clause 8.5—Ordinary hours of work and rostering
[97] Clause 8.5 refers to the “casual hourly rate of pay set out in clause 9”. Ai Group
submit that this cross-reference should be to clause 6.5(c). We agree. The error will be
corrected in the revised exposure draft.
(iv) Clause 10.4(b)—Expenses reimbursement
[98] Ai Group contend that clause 10.4(b) of the exposure draft significantly broadens the
scope of the expenses that must be reimbursed by the employer. Ai Group submit that the
word “such” be inserted at the start of the clause to limit its application to the type of
expenses referred to in clause 10.4(a). Clause 10.4(b) will be re-drafted to clarify that it only
applies to the expenses in clause 10.4(a).
(v) Clause 13.1—Out of hours penalty
[99] In response to a question by the Commission, Ai Group submit that if the out of hours
penalties were expressed as a percentage of the employees’ minimum hourly rate instead of as
a percentage of the standard rate, this would significantly increase existing payroll costs. Ai
Group submit that the fixed model of compensation for such working hours should remain
unchanged. The corresponding penalties in the pre-reform instrument
55
were expressed as a
flat dollar amount. In the absence of any opposing submission, the amounts in clause 13.1 will
continue to be set and adjusted by reference to the standard rate.
(vi) Clause 13.2—Out of hours penalty
[100] In response to a question by the Commission, Ai Group submits that the award does
not presently provide for a quantum of time off that may be taken instead of the out of hours
penalty, rather this is left to the discretion of the employer. This would amount to a
substantive change which is unwarranted. No submissions were received proposing a change
the clause 13.2 regarding time off instead of payment for the out of hours penalty. Consistent
with the approach taken in AM2014/300 re Award flexibility and reflected in the model term
inserted at clause 22.2 of the current award, the current wording will be retained.
(vii) Clause 23.1—Dispute Resolution procedure training leave
[101] In response to a question by the Commission, Ai Group submits the reference to the
Workplace Relations Act 1996 (Cth) should be amended to the Fair Work Act 2009 (Cth).
This change will be made in the revised exposure draft.
(viii) Schedule A.5—Door to door interviewer
[102] The exposure draft separates ‘Executive (face-to-face) interviewer’ and ‘door-to-door
interviewer’ into separate paragraphs giving the impression that they are distinct
classifications. Ai Group submit that the format in the current award where they appear as one
sub-clause should be retained. The combination of these two classification definitions appears
to have been a drafting error in the modern award and is inconsistent with the pre-reform
instrument from which the classifications were derived
56
. Given the two definitions can stand
alone and do not necessarily apply to the same employee we will retain the separate
definitions in clauses A.4 and A.5 of the exposure draft.
[2017] FWCFB 3433
21
[103] A revised exposure draft will be published shortly and parties will be provided with a
final opportunity to comment.
2.13 Miscellaneous Award 2010
[104] On 18 December 2015, the Commission published an initial exposure draft based on
the Miscellaneous Award 2010 together with a comparison document showing the changes
made to the structure and language in the award. Interested parties were provided with an
opportunity to file written submissions and submissions in reply on the drafting and technical
issues in the Exposure draft.
57
Submissions were filed by ABI,
58
AFEI
59
and Ai Group
60
and
on 23 May 2016 the Commission published a summary of submissions. The award was listed
for mention on 6 June 2016.
61
The CPSU, Ai Group and ABI appeared at the mention and
confirmed that there were no outstanding technical and drafting issues in relation to this
award.
62
[105] A revised exposure draft will be published shortly and parties will be provided with a
final opportunity to comment.
2.14 Pastoral Award 2010
[106] A separately constituted Full Bench has dealt with substantive claims in relation to this
award in AM2015/23.
63
A large number of technical and drafting issues are before this Full
Bench. Before turning to deal with the outstanding issues we set out the procedural steps
taken to deal with the various technical/drafting issues.
[107] On 15 January 2016 the Commission published an initial exposure draft
64
based on the
Pastoral Award 2010 (the Pastoral award) together with a comparison document
65
showing
the changes made to the structure and language in the award. Interested parties were provided
with an opportunity to file written submissions and submissions in reply on the drafting and
technical issues in the exposure draft.
66
Submissions were received from ABI,
67
AFEI,
68
AWU,
69
Business SA,
70
and National Farmers’ Federation (NFF)
71
and a summary of
submissions was published by the Commission on 30 May 2016 (listing some 119 items in
contention).
[108] On 6 June 2016 the matter was listed for mention to:
(i) confirm that the published summary of submissions was accurate and reflected
the parties’ positions;
(ii) identify any submissions or variations agreed or withdrawn; and
(iii) identify whether any matters raised in submissions were of a substantive nature
and required consideration by a specially constituted Full Bench.
[109] ABI, AFEI, Ai Group, AWU, Business SA and the NFF appeared at the 6 June 2016
mention.
72
[110] After the mention, a revised summary of submissions
73
was published on 4 July 2016
and a conference was held on the same date to deal with the remaining 43 outstanding
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-miscellaneous.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-miscellaneous.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/miscellaneous-sub-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/pastoral-sub-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/pastoral-sub-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-sub-summary-040716.pdf
[2017] FWCFB 3433
22
technical and drafting issues listed in the revised summary of submissions.
74
Following that
conference, a Statement
75
attaching a revised exposure draft and further revised summary of
submissions was issued on 17 August 2016. That Statement provided an update as to the
status of the review of the award and included a list of the outstanding technical and drafting
issues. A further conference
76
was held on 24 August 2016 to discuss further directions in
relation to the outstanding technical and drafting matters and, following that conference, the
Commission issued a Statement and directions.
77
The parties were directed to confirm the
accuracy of the revised exposure draft and the revised summary of submissions set out in the
attachments to the 17 August 2016 Statement and in doing so, were asked to identify:
(i) which, if any, technical and drafting claims are being pursued;
(ii) which, if any, technical and drafting claims are withdrawn (if not already so
identified); and
(iii) whether a party contends that a clause in the revised Exposure Draft has a
different legal effect to the corresponding clause in the Pastoral award. If so,
how it has been changed.
[111] In addition, draft directions setting out the process for dealing with any outstanding
technical and drafting matters identified were set out at Attachment A to the Statement.
78
Parties were asked to file any comments in relation to the draft directions by Wednesday
28 September 2016 and were also asked to confirm which if any of the tasks the Commission
agreed to undertake at the conference held on 4 July 2016
79
were still required. The tasks the
Commission agreed to undertake were as follows:
(i) prepare a document comparing the current coverage clause with the coverage
clauses in the other agricultural awards
80
and identify any differences;
81
(ii) prepare a document identifying all inconsistencies throughout the current
award in relation to the General Employment Conditions;
82
(iii) prepare a short paper summarising the parties’ respective positions in relation
to items 30 and 62 of the revised summary of submissions and provide
additional background information on the history of the provision if
available;
83
and
(iv) research and publish findings on the relevant award history of clause 14.4(a)(i)
of the revised Exposure Draft (that is, clause 23.4 of the current award).
84
[112] Submissions were filed in response to the Statement and Directions
85
by ABI
86
and the
NFF.
87
ABI confirmed it was not pursuing any claims and that it would file submissions in
response to the other parties’ outstanding claims if not resolved prior.
88
ABI also pointed out
that the Commission had indicated it would undertake research and release its findings in
relation to item 26 (relating to the payment of the first aid allowance) and item 65 (relating to
payment for public holidays) of the further revised summary of submissions.
[113] Research has been undertaken relating to the payment of the first aid allowance and
will be published concurrently with this decision. If any party wishes to pursue the issue they
are directed to file a short written submission by no later than 4.00 pm on Friday 28 July
[2017] FWCFB 3433
23
2017. The issue in relation to the payment for public holidays is dealt with at paragraph [155]-
[158] of this decision.
[114] The NFF submitted that the revised exposure draft did not reflect its submissions of
16 June 2016 in relation to the facilitative provisions clause and submitted that it had
previously proposed that a number of additional terms be identified as facilitative
provisions.
89
The NFF pressed for the inclusion of the following terms:
90
Clause Provision Agreement between an
employer and:
6.4(d) Part-time employment An individual
6.5(e) Casual employees An individual
30.3 Spread of ordinary hours An individual
40.9(d)(iv) Woolclassers and Shearing
shed experts
An individual
42.1(e) Fares and travelling
allowances for expeditionary
employees
An individual
43.4(a)(ii) Special conditions regarding
the hours of work of
Shearers and Crutchers
An individual
[115] No further submissions have been received in relation to the facilitative provisions
clause. We will include the additional terms as proposed by the NFF.
[116] The NFF also submits that several clauses of the exposure draft no longer have the
same legal effect as the current award (in particular items 84, 86 and 95 in the revised
summary of submissions). We return to these items later.
[117] In addition, the NFF confirmed it was pursuing some 24 items
91
and that the remaining
items in the revised summary of submissions that were listed as ‘not agreed’ remained
outstanding to the extent that the party making the claim was still pursuing it.
92
[118] Final directions setting out the process for dealing with the outstanding technical and
drafting matters were issued on Wednesday 5 October 2016.
93
The following submissions and
submissions in reply were received in accordance with those directions:
(i) Shearing Contractors Association of Australia (SCAA) – submission in reply,
20 October 2016;
(ii) NFF – submission – outstanding claims, 26 October 2016;
(iii) NFF – submission in reply, 23 November 2016; and
(iv) AWU – submission in reply, 23 November 2016.
[119] The issues listed at items 3, 4 and 116 of the revised summary of submissions, and
relating to coverage – specifically the definition of ‘wine industry’ – were resolved at the
conference of 4 July 2016.
94
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-scaa-211016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-sub-nff-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
[2017] FWCFB 3433
24
[120] Similarly, the issues in relation to full-time employment and part-time employment
listed at items 11 and 13 respectively were resolved at the same conference.
95
The NFF
confirmed it is not opposed to the proposed amended wording of clause 24.3 of the exposure
draft in relation to the ‘with keep rate’ (item 42) and no other parties have objected.
96
The
revised exposure draft published on 17 August 2016 reflects the agreed position in relation to
these items.
97
The NFF has withdrawn items 41 and 66 in their entirety.
98
The issue at item 41
is linked to items 51 and 66 and was resolved in conference.
99
Further, the NFF has amended
its claim concerning when overtime rates are payable for weekend work (item 49 of the
revised summary of submissions) such that it has withdrawn its submissions in relation to
clauses 32.2, 33.1 and schedules B.4.1 and B.4.2 to B.4.5 of the exposure draft.
100
We will
return to item 49 shortly.
[121] The SCAA filed a submission in reply on 20 October 2016 proposing four new
variations to the award that had not been canvassed at an earlier stage of the review.
101
Both
the NFF and the AWU argued that it was not appropriate to deal with the new claims at this
late stage of the review of the award. The Commission wrote to the SCAA on 12 June 2017
seeking clarification of its position in relation to the additional claims and, in correspondence
dated 13 June 2016 the SCAA confirmed that they no longer wished to pursue the additional
matters.
[122] We now turn to the remaining issues in dispute.
Item 9: Part 2 – General employment conditions
[123] In the exposure draft the Commission asked the parties to consider whether
clarification was required in circumstances where there may be a conflict between the
operation of a term in Part 2 – General employment conditions - and a term in one of the
particular occupation streams.
[124] On 6 October 2016, the Commission’s research area published a document identifying
potential inconsistencies
102
between the general employment conditions and occupation
streams in the current award in relation to the following clauses in the current award:
(i) clauses 10.3 and 30.1 – station cooks and part-time rates
(ii) clauses 17 and 29 – provision of a saddle
(iii) clauses 17.2 and 36.10 – overtime meal breaks for piggery attendants
(iv) clauses 17.4 and 46 – sleeping quarters not provided for shearers
(v) clauses 26 and 38.3 – public holidays for piggery attendants
[125] The AWU in its reply submission responds to each potential issue identified.
103
No
other party commented upon the potential conflicts identified the Commission’s research
document.
(i) clauses 10.3 and 30.1 – station cooks and part-time rates
[126] Clause 10.3(f) of the current award states:
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-fwc-inconsistencies-071016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-fwc-inconsistencies-071016.pdf
[2017] FWCFB 3433
25
‘10. Types of employment
10.3 Part-time employment
(f) All time worked in excess of the hours mutually arranged will be
overtime and paid for at the appropriate overtime rate.’
[127] Clause 30 of the current award states:
‘30 Ordinary hours of work and rostering
30.1 The average ordinary working hours for a Farm and livestock hand will be fixed by
agreement between the employer and the employees but will not exceed an average of 38
hours per week over a four week period.
30.2 The ordinary hours of work of Farm and livestock hands (other than Station cooks)
will not exceed 152 hours in any consecutive period of four weeks.
30.3 Station cooks
(a) A cook who is required to work for more than five and a half days in any one
week will be paid, in addition to the weekly wage of this award, the following
overtime rates:
(i) for work on six full days—an amount of 3/22nds of the appropriate
weekly rate;
(ii) for work on six full days and one half day—an amount equal to
3/11ths of the appropriate weekly rate; or
(iii) for work on seven full days—an amount equal to 9/22nds of the
appropriate weekly rate.
(b) No overtime will be worked nor will an employee perform work on the
employee’s day and/or half day off without the permission of or under the
instructions of the employer or their authorised representative.’
[128] The following potential conflict was identified in respect of clauses 10.3(f) and 30.1:
‘Clause 10.3(f) provides that ‘all time worked in excess of mutually arranged hours will be
overtime’ for a part-time employee. The overtime provision at clause 31 appears to apply to
farm and livestock hand employees only. A station cook employee appears to be excluded
from the overtime provisions in clause 31. Overtime rates for station cook employees are
provided at clause 30.3 and are paid where the employee works for more than five and a half
days in one week. It is unclear what a part-time station cook would be paid.’
[129] The AWU makes the following submissions in relation to the potential conflict
between clauses 10.3 and 30.1:
‘The AWU considers a part-time station cook would be entitled to overtime as per clause 10.3
(f) and clauses 31.1 and 31.2 of the Award.
[2017] FWCFB 3433
26
Clause 31.1 defines overtime and indicates it applies when in excess of the ordinary hours in
clause 30.1 are worked. Station cooks are not excluded from clause 30.1 – they are only
excluded from clause 30.2.
Given a station cook is classified as a Farm and livestock hand Level 1 – they are not
prevented from accessing the overtime rates in clause 31.2. The definition of “Farm and
livestock hand” in clause 3.1 of the Award also does not exclude a station cook.’
104
[130] Our provisional view is to accept the AWU’s submission. We will seek further
submissions in response to our provisional view.
(ii) clauses 17 and 29 – provision of a saddle
[131] Clause 17.2(a)(i) currently states:
‘17. Allowances
17.2 Expense-related allowances
(a) Tool and equipment allowance
(i) Where the employer requires employees to supply their own tools and
equipment, the employer must reimburse the employees for the cost of
supplying such tools and equipment.
(ii) The provisions of this clause do not apply where the tools and equipment are
paid for by the employer.’
[132] Clause 29.1 of the current awards states:
‘29. Special allowances
29.1 Where a Station hand is required by the employer to find their own horse and/or saddle,
the employee will be paid a weekly allowance of $7.11 for the horse, and a weekly allowance
of $5.68 for the saddle.’
[133] The following potential conflict was identified in respect of clauses 17 and 29 of the
current award (relating to the provision of a saddle):
‘If the employer requires the employee to purchase their own saddle for use on a horse, is the
employee entitled to reimbursement pursuant to clause 17.2(a)(i) and to the weekly allowance
of $5.68 pursuant to clause 29.1? The interaction between clauses 17 and 29 is unclear.’
[134] The AWU submits that where an employee is required to supply their own horse and
purchase their own saddle, the employee will be entitled to be reimbursed for the cost of the
horse (under clause 17.2) and also paid the weekly allowances prescribed under clause
29.1.
105
The AWU submits:
‘Clause 17.2 is concerned with the cost of supply and clause 29.1 is concerned with the
additional task of finding one’s own horse and saddle.’
106
[2017] FWCFB 3433
27
[135] Our provisional view is that where a station hand is required by the employer to
supply their own saddle, and the employee does not own a saddle and must purchase one, then
the employee is to be reimbursed for the cost of purchasing the saddle (under clause 17(a)(i)).
But in such circumstances the employee is not also entitled to receive the allowance specified
in clause 29.1. It seems to us that the saddle allowance is intended to cover wear and tear and
depreciation over time. It does not seem reasonable to apply such an allowance in
circumstances where the employer has reimbursed the employee for the full cost of the saddle.
[136] We can see no reasonable basis for the AWU’s contention that the allowance specified
in clause 29.1 is for the purpose of compensating an employee for ‘the additional task of
finding one’s own…saddle’.
[137] We will seek further submissions in response to our provisional view and on the
question of whether an amendment is required to clause 29.1 to make clear that the allowance
is not payable if a station hand has been reimbursed by the employer for the cost of
purchasing a saddle (pursuant to clause 17(a)(i)).
(iii) clauses 17.2 and 36.10 – overtime meal breaks for piggery attendants
[138] Clause 17.2(c)(ii) of the current award states:
‘17.2 Expense-related allowances
(c) Meal allowance
(i) If an employee is required to work overtime after working ordinary hours (except
where the period of overtime is fewer than one and a half hours), the employee will be
paid $12.93 for the first and any subsequent meals. Alternatively, the employer may
supply the employee with a meal.
(ii) An employee required to work overtime for more than two hours after the
employee's ordinary ceasing time without having been notified before leaving work on
the previous day that the employee will be required to work overtime, will be provided
free of cost with a suitable meal, and if the work extends into a second meal break,
another meal, provided that in the event of the meal not being supplied the employee
is entitled to a payment of $12.93 for each meal not supplied.’
[139] Clause 36.10 of the current award states:
‘36.10 Where overtime is unplanned and not notified the day or days beforehand, a payment
will be made of $12.93 after two hours of overtime if work will continue beyond the meal
break. Alternatively the employer may supply the employee with a meal.’
[140] The Commission identified the following potential conflict in respect of clauses
17.2(c)(ii) and 36.10:
‘If a pig breeding and raising employee works overtime that he/she was not notified of the
previous day, and the overtime extends to a second meal break, is the employee entitled to a
second meal in accordance with clause 17.2(ii) or limited to one in accordance with clause
36.10?’
[2017] FWCFB 3433
28
[141] The AWU submits that clause 36.10 is not limited to one allowance or meal. It
submits that:
‘When unplanned overtime is worked, an employee receives a payment or a meal after two
hours of overtime if work will continue beyond the meal break. This applies after each two
hours of overtime if work will continue after the meal break.’
107
[142] The AWU’s submission appears to be a logical reconciliation of the two clauses and is
consistent with the terms of such provisions in other modern awards (see Attachment D).
However, it seems to us that the terms of clauses 17.2(c)(ii) and 36.10 are far from clear and
in our view should be redrafted in plain language. It is necessary to first attempt to determine
what entitlements the clauses are intended to provide.
[143] It appears that clause 17.2(c) provides that an employee is entitled to a meal allowance
in the following circumstances:
the employee is required to work overtime after their ordinary ‘ceasing time’ on a
particular day;
the employee works ‘more than two hours’ overtime
the employee is not ‘provided free of cost with a suitable meal’; and
the employee was not notified of the requirement to work overtime ‘before leaving
work the previous day’.
[144] In addition, if the overtime work ‘extends into a second meal break’ then a further
meal allowance would be payable (provided that the circumstances set out above have been
met).
[145] But clause 17.2(c) is unclear in a number of respects. In particular, the meal allowance
is payable where an employee works ‘more than two hours’ overtime, which simply begs the
question, how much more? Nor is it clear when an employee is entitled to a second meal
allowance. The clause appears to provide for the payment of a further allowance in
circumstances where the overtime ‘extends into a second meal break’, but it does not specify
when overtime can be said to extend into a ‘second meal break’. Is it after a further two
hours? Or a longer period?
[146] Clause 36.10 also lacks clarity. It appears to provide for the payment of a meal
allowance in circumstances where an employee is not notified of the request to work overtime
(‘the day or days beforehand’) and the employer does not provide the employee with a meal.
But the amount of overtime required to be worked to qualify for payment of the meal
allowance is unclear. The clause states that the allowance is payable ‘after two hours of
overtime if work will continue beyond the meal break’. What this means is anyone’s guess.
The award is silent on when ‘the meal break’ would be required and hence one cannot
determine whether the overtime ‘will continue beyond the meal break’.
[147] It seems to us that the meaning of the existing provisions needs to be clarified before
we can attempt to reconcile any conflict between the provisions.
[2017] FWCFB 3433
29
[148] A further conference will be convened in an effort to clarify the intended operation of
clauses 17.2(c)(ii) and 36.10. It seems to us that these clauses need to be redrafted to clearly
specify the circumstances in which an employee is entitled to a meal allowance (i.e. after a
specified number of hours of overtime work, such as two hours overtime) and any further
meal allowance (such as working a further two hours overtime). To assist the parties we have
attached (at Attachment D) a table which summarises the overtime meal allowance provisions
in modern awards.
(iv) clauses 17.4 and 46 – sleeping quarters not provided for shearers
[149] Clause 17.4(c)(iii) of the current award states:
‘17.4 All-purpose allowances
(c) Travelling allowance
(iii) Where an employee is compelled by their duties to spend the night away from home
or the property at which the employee is employed (whichever is the employee’s normal place
of sleeping during employment), the employer will reimburse the employee for the
demonstrable cost of suitable accommodation.’
[150] Clause 46.1(b) of the current award states:
‘46. Special allowances (other than Woolclassers Special allowances (other than
Woolclassers and Shearing shed experts)
46.1 Allowance where sleeping quarters are not provided
Where the employee does not reside during a shearing (or crutching) at the employee’s
home or usual place of residence and the employee is forced to obtain and pay for
sleeping quarters away from the employer’s premises because the employer is unable
to provide sleeping quarters at the premises for the employee, the employer will:
(a) arrange for sleeping quarters for the employee to be supplied elsewhere at the employer’s
expense; or
(b) pay to the employee an allowance of 259.4% of the standard rate per night for each night
during the employee’s employment that the employee is so forced to obtain and pay for
sleeping quarters; and
(c) where the distance is one kilometre or more walking distance between the employee’s
sleeping quarters and the shed, provide or pay for the transport of the employee between the
sleeping quarters and the shed.’
[151] The following potential conflict was identified in respect of clauses 17.4 and 46.1(b):
Where a shearing operations employee (other than woolclasser or shearing shed expert) is
required to spend the night away from home is the allowance under clause 46.1(b) payable
instead of the reimbursement payable under clause 17.4(c)(iii)?
[2017] FWCFB 3433
30
[152] The AWU submits an employee is not ordinarily entitled to the allowance in clause
46.1(b) and the allowance in 17.4(c)(iii), however submits there may be an exceptions where
an employee is:
‘directed to travel again during the shearing or crutching meaning they cannot stay in the
sleeping quarters they have obtained and paid for.’
108
[153] We agree with the AWU that an employee is not entitled to the benefit of both clauses,
that is, employee’s cannot claim reimbursement for ‘the demonstrable cost of suitable
accommodation’ (under clause 17(c)(ii)) and the allowance specified under clause 46.1. As to
the exception referred to by the AWU it seems to us that in such circumstances the employee
may be entitled to the allowance specified in clause 46.1(c) as they have been ‘forced to
obtain and pay for sleeping quarters’ and hence qualify for the payment of the allowance.
[154] It is unclear whether the AWU is seeking a specific amendment to the award to deal
with the exception to which it refers. We will provide the AWU with an opportunity to clarify
its intentions in this regard.
(v) clauses 26 and 38.3 – public holidays for piggery attendants
[155] Clause 26.2 of the current award states:
‘26.2 Substitution of certain public holidays by agreement at the enterprise
(a) By agreement between the employer and the majority of employees in the enterprise or
part of the enterprise concerned, an alternative day may be taken as the public holiday instead
of any of the prescribed days.
(b) An employer and an individual employee may agree to the employee taking another day as
the public holiday instead of the day which is being observed as the public holiday in the
enterprise or part of the enterprise concerned.’
[156] Clause 38.3 of the current award states:
‘38. Payment for public holidays
38.3 By agreement between an employer and the employees, time off instead of payment for
public holidays may be accrued for public holiday work. That is, the employee will receive
ordinary time payment for the hours worked on the said holiday and accrue time to be taken at
a mutually agreed time.’
[157] The following potential conflict was identified in respect of clauses 26.2 and 38.3:
Clause 38.3 appears as though for an employee to accrue time off instead of payment for
working on a public holiday an agreement between the majority of employees is first required
(‘agreement between an employer and the employees’). The same clause appears to allow the
timing of taking TOIL to be determined by the employer and individual employee (‘a mutually
agreed time’). Does clause 38 wholly supersede clause 26 insofar as it applies to piggery
attendants?
[158] The AWU submits there is no conflict in respect of clauses 26 and 38.3 for the
following reasons:
[2017] FWCFB 3433
31
‘Clause 26 determines when a public holiday is observed.
Clause 38 is concerned with payment for public holidays for piggery attendants.
Clause 38.3 allows a TOIL system to be applied for work on public holidays by agreement. If
the TOIL system is agreed, the individual employee can then determine whether to utilise it
and when to take the time off.’109
[159] Our provisional view is to accept the AWU’s submission, the clauses are directed at
different subject matters. We will seek further submissions in response to our provisional
view.
[160] We now turn to the remaining outstanding issues requiring determination. The item
numbers listed below correspond with the item numbers in the revised summary of
submissions document published on 17 August 2016.
Item 10: clause 6.1 – Types of employment
[161] The NFF submits that the proposed new term at clause 6.1 of the exposure draft (types
of employment) ‘duplicates existing terms and may have unintended consequences’.
110
Clause 6.1 of the exposure draft is in the following terms:
‘6.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.’
[162] The NFF submits that ‘the new term limits the categories of employment’ because the
exception for casual pieceworkers in clause 10.4(c) of the current award is not replicated in
the proposed clause 6.1 of the exposure draft.
111
[163] Clause 10.4(c) of the current award is in the following terms:
‘(c) A casual employee other than a casual pieceworker must be paid per hour at
the rate of 1/38th of the weekly rate prescribed for the class of work performed,
plus 25%.’
[164] The NFF proposes that the following amendments to clauses 6.5(a) and (b) would
address its concern (changes tracked):
‘(a) Except in the case of pieceworkers, A a casual employee is an employee engaged as
such and paid by the hour.
(b) Except in the case of pieceworkers, An an employee who does not meet the definition
of a part-time employee in clause 6.4(a) and who is not a full-time employee will be
paid as a casual employee in accordance with clause 6.5.’
112
[2017] FWCFB 3433
32
[165] The AWU submits that the NFF’s proposed amendments to clauses 6.5(a) and (b)
would ‘expand the scope of the current piecework provisions’ and create ambiguity in respect
of which employees may work on a piecework basis.
113
Further, it emphasised that the current
award and the exposure draft confine piecework arrangements to specific occupations covered
by the award.
114
It highlighted the importance of ensuring that the term ‘casual pieceworker’
is used in clause 6 of the exposure draft rather than ‘pieceworker’ as only the former term is a
defined term in the award and exposure draft.
115
The AWU submits that the purpose of having
‘casual pieceworker’ as a defined term is to confine piecework arrangements to shearers,
crutchers and woolpressers who are engaged on a casual basis.
116
[166] We agree with the AWU’s contention that ‘piecework is not a distinct type of
employment but rather a method of payment for an employee engaged on a casual basis in the
prescribed occupations’.
117
It follows that we do not propose to make the changes sought by
the NFF.
Item 18: clause 6.6(a) – Farm and livestock hand at shearing or crutching
[167] The NFF submits that the wording in clause 10.5 of the current award should be
retained as it is ‘simpler and easier to understand’ than the proposed clause 6.6 of the
exposure draft.
118
In its submission of 5 May 2016, the AWU submits that the wording in the
exposure draft is clearer and should be incorporated into the award. No further submissions
were made in relation to this issue. The relevant clauses are set out below.
[168] Clause 10.5 of the current award is as follows:
‘10.5 Farm and livestock hand at shearing or crutching
Notwithstanding anything else contained in this award, Part 7—Shearing Operations of the
award will not apply to any employee engaged to work on a weekly basis under Part 4—
Broadacre Farming and Livestock Operations during any time the employee is employed in
shearing or crutching operations of the principal employer. Provided that this clause will not
apply to any Farm and livestock hand engaged by the week who works in the employer’s
shearing shed and who has been engaged by the employer during the period commencing one
week before the actual shearing or crutching begins and who is discharged during the week
after the shearing or crutching actually ends. In such case, the employee will be paid station
hand rates when performing work covered by Part 4 of this award and shearing rates when
performing work covered by Part 7 of this award.’
[169] Clause 6.6(a) of the exposure draft is in the following terms:
‘6.6 Farm and livestock hand at shearing or crutching
(a) Subject to clause 6.6(b), during any time an employee engaged on a weekly
basis under Part 5—Broadacre Farming and Livestock Operations is employed
in shearing or crutching operations of the principal employer, Part 8—
Shearing Operations will not apply.
(b) Exception
(i) Clause 6.6(a) will not apply to any farm and livestock hand engaged by
the week who:
[2017] FWCFB 3433
33
works in the employer’s shearing shed; and
who has been engaged by the employer during the period commencing
one week before the actual shearing or crutching begins; and
who is discharged during the week after the shearing or crutching
actually ends.
(ii) In this case, the employee will be paid station hand rates when
performing work covered by Part 5 of this award and shearing rates when
performing work covered by Part 8 of this award.’
[170] Contrary to the NFF’s submission we do not agree with the proposition that clause
10.5 of the current award is ‘simpler and easier to understand’ than clause 6.6 of the exposure
draft. The proposed clause 6.6 is plainly a clearer exposition of the substance of the existing
somewhat ‘text dense’ clause and there is no suggestion that the legal effect of the clause has
been altered. We propose to adopt clause 6.6, with a slight variation to clause 6.6(b)(ii), to
delete the words ‘this case’ and insert ‘the circumstances set out in clause 6.6(b)(i). The
revised clause 6.6 will be as follows:
‘6.6 Farm and livestock hand at shearing or crutching
(a) Subject to clause 6.6(b), during any time an employee engaged on a weekly
basis under Part 5—Broadacre Farming and Livestock Operations is employed
in shearing or crutching operations of the principal employer, Part 8—
Shearing Operations will not apply.
(b) Exception
(i) Clause 6.6(a) will not apply to any farm and livestock hand engaged by
the week who:
works in the employer’s shearing shed; and
who has been engaged by the employer during the period commencing
one week before the actual shearing or crutching begins; and
who is discharged during the week after the shearing or crutching
actually ends.
(ii) In this case In the circumstances set out in clause 6.6(b)(i), the employee
will be paid station hand rates when performing work covered by Part 5
of this award and shearing rates when performing work covered by Part 8
of this award.’
[2017] FWCFB 3433
34
Item 26: clause 10.1(c) – first aid allowance
[171] The AWU submits that the wording in the exposure draft ‘conveys that the employee
would have to actually carry out first aid duties to receive the allowance’ and propose
amending the clause.
119
The AWU’s proposed amendments read as follows (changes tracked):
‘An employee appointed by their employer to perform first aid duty as required in addition to
their usual duties, and holding a current recognised first aid qualification, such as one from St
John Ambulance or similar body, must be paid an allowance of $2.55 per day to carry out such
work.’
[172] Business SA supports the AWU’s position.
120
[173] The NFF noted the AWU’s concerns however submits that clause 10.1(a)(ii) of the
exposure draft makes clear that the allowance is payable for all purposes.
121
[174] No further submissions were made in relation to this issue.
[175] The relevant aspects of clause 10 – Allowances of the exposure draft are as follows:
‘10.1 Wage related allowances
(a) All purpose allowances
Allowances paid for all purposes are included in the rate of pay of an employee who is
entitled to the allowance, when calculating any penalties or loadings or payment while they
are on annual leave. The following allowances are paid for all purposes under this award:
…
(ii) first aid allowance (clause 10.1(b)(ii)) …
(c) First aid allowance
An employee appointed by their employer to perform first aid in addition to their usual duties,
and holding a current recognised first aid qualification, such as one from St John Ambulance
or similar body, must be paid an allowance of $2.55 per day to carry out such work.’
[176] The comparable provisions in the current award are as follows:
‘17.4 All-purpose allowances
The following allowances apply for all purposes of this award:
…
(b) First aid allowance
An employee designated by the employer to render first aid in addition to his or her usual
duties and who is the current holder of a recognised first aid qualification, such as one from St
John Ambulance or a similar body, must be paid a daily allowance of 14% of the standard rate
to carry out such work.’
[2017] FWCFB 3433
35
[177] As mentioned earlier, some research in relation to the first aid allowance will be
published concurrently with this decision.
[178] It is our provisional view that the AWU’s proposed amendment be accepted. We will
provide an opportunity for interested parties to make further submissions in respect of our
provisional view if they wish to do so.
Items 30 and 62: clauses 10.2(d) and 32.7 – overtime meal allowance
[179] In the exposure draft, parties were asked to clarify how clauses 10.2(d)(i) and (ii)
interact and specifically whether clause 10.2(d)(i) only applies when an employee has been
notified that they are required to work overtime.
[180] The relevant provisions of the exposure draft and the current award are set out in the
table below:
Current award Exposure draft
17.2
(c) Meal allowance
(i) If an employee is required to work
overtime after working ordinary hours
(except where the period of overtime is
fewer than one and a half hours), the
employee will be paid $12.93 for the first
and any subsequent meals. Alternatively,
the employer may supply the employee
with a meal.
10.2
(d) Overtime meal allowance
(i) If an employee is required to work
overtime after working ordinary hours
(except where the period of overtime is
less than one and a half hours):
the employee will be paid $12.93 for
the first and any subsequent meals; or
the employer will supply the
employee with a meal.
(ii) An employee required to work overtime
for more than two hours after the
employee's ordinary ceasing time without
having been notified before leaving work
on the previous day that the employee
will be required to work overtime, will be
provided free of cost with a suitable meal,
and if the work extends into a second
meal break, another meal, provided that
in the event of the meal not being
supplied the employee is entitled to a
payment of $12.93 for each meal not
supplied.
(ii) An employee required to work
overtime for more than two hours after
the employee's ordinary finishing time
without having been notified before
leaving work on the previous day that
they will be required to work overtime:
will be provided with a suitable meal
free of cost; and
if the work extends into a second meal
break, another meal; or
in the event of the meal not being
supplied the employee is entitled to a
payment of $12.93 for each meal not
supplied.
36.5 If an employee is required to work
overtime after working ordinary hours on
Monday to Friday (except where the period
of overtime is less than one hour and a
half) the employee will be paid $12.93 for
the first and any subsequent meals.
Clause 36.5 doesn’t appear to have been
transposed to the exposure draft.
[2017] FWCFB 3433
36
Current award Exposure draft
Alternatively the employer may supply the
employee with a meal.
36.10 Where overtime is unplanned and not
notified the day or days beforehand, a
payment will be made of $12.93 after two
hours of overtime if work will continue
beyond the meal break. Alternatively the
employer may supply the employee with a
meal.
32.7 Overtime meal allowance
(a) Where overtime is unplanned and not
notified the day or days beforehand, a
payment will be made of $12.93 after
two hours of overtime if work will
continue beyond the meal break.
Alternatively the employer may supply
the employee with a meal.
[181] The NFF submits that because ordinary hours are averaged over a four week period,
the obligation to pay overtime meal allowances under clause 10.2(d)(i) of the exposure draft
will only arise once in every four weeks, regardless of whether the employee was notified on
the previous day that overtime would be worked.
122
It contends that for this reason,
clause 10.2(d)(ii) is only relevant in the limited circumstances where there is an ordinary
finishing time and that this is not the case for the majority of farming operations.
123
[182] In addition, the NFF submits that the meal allowance requirements in the award should
be reviewed for relevance to the pastoral industry.
124
It submits that they are not arrangements
of long standing, and that they duplicate other provisions in the award that deal with the
provision of board and lodging, mess and cook.
125
The NFF agree with the AWU submission
(outlined below) in the sense that the two clauses ‘overlap considerably’ but do not go so far
as to say, as the AWU does, that the clauses ‘conflict’. Further, the NFF submits that similar
provisions in the Pastoral award provide that the entitlement to the meal allowance for
overtime becomes due after an employee has worked two hours of overtime.
126
It submits that
‘unless there is a particular historical reason to retain the existing terms in full’ the Pastoral
award should be amended such that the entitlement to the allowance is enlivened after the
employee has worked two hours of overtime. We will return to this submission shortly.
127
[183] The AWU submits that the two clauses overlap and conflict, and propose that
clause 10.2(d)(i) be amended to read as follows (changes tracked):
‘If an An employee is required to work overtime after working ordinary hours (except where the
period of overtime is less for more than one and a half hours): after working ordinary hours
the employee will be paid $12.93 for the first and any subsequent meals; or
the employer will supply the employee will be provided with a suitable meal free of
cost for the first and any subsequent meals.
This clause does not apply to piggery attendants who are entitled to a meal allowance in
accordance with clause 32.8.’
128
[184] Further, the AWU does not agree with the NFF submission that the meal allowance
provision has no relevance in the industry
129
and notes that the ordinary hours of work for a
farm and livestock hand are fixed by agreement,
130
albeit they can be averaged over a four
week period and for this reason there would be occasions where an employee works beyond
their usual finishing time and would be entitled to a meal allowance.
131
[2017] FWCFB 3433
37
[185] Business SA submits that clauses 10.2(d)(i) and (ii) operate in substantially the same
way, save for the notice requirement.
132
It submits that clause 10.2(d)(i) provides that where
an employee is required to work more than 1.5 hours of overtime after finishing working
ordinary hours that the employee will be paid the allowance for the first meal and any
subsequent meals.
133
It submits that pursuant to clause 10.2(d)(ii), an employee who was not
notified before leaving work the previous day that they would be required to work overtime
and who works overtime for more than two hours will be entitled to the allowance for the first
meal and any subsequent meals.
134
[186] We return now to the NFF’s submission that the allowance should become due after
two hours, irrespective of whether notice of the requirement to work overtime was given the
previous day. The NFF identifies clause 32.7(a) of the exposure draft and clauses 36.5
and 36.10 of the current award as similar overtime meal allowance provisions whereby the
allowance becomes due after two hours.
135
It appears that clause 36.5 of the current award
may not have been replicated in the exposure draft. That clause (set out in the table above at
[180]) provides that a Pig Breeding and Raising employee may receive the overtime meal
allowance after working more than 1.5 hours of overtime. A comparison of the overtime meal
allowance provisions in the current award and the equivalent provisions in the exposure draft
indicates that the general entitlement and the entitlement which only applies to Pig Breeding
and Raising employees, operate in much the same way..
[187] As mentioned earlier, a further conference is to be convened to attempt to clarify the
intended operation of clauses 17.2(c)(ii) and 36.10 (which deal with the provision of a meal
allowance). The same conference will also deal with the issues raised by the parties in relation
to clauses 10.2 and 32.7.
Item 33: clause 14.4(a)(i) – Annual leave loading
[188] Clause 14.4(a)(i) of the exposure draft is in the following terms:
‘14.4 Annual leave loading
An employee must also be paid a loading calculated on the wages prescribed by this award.
The loading must be as follows:
(a) Other than shiftworkers
(i) An employee other than a shiftworker must be paid a loading equal to 17.5% of the wages
prescribed by this award for the ordinary hours of work as performed between Monday and
Friday.
(ii) Where an employee is rostered to work ordinary weekly hours on days which attract
penalty rates and the employee would have earned a greater amount than the amount provided
in clause 14.4(a)(i) but for the period of leave then the employee will be paid the amount they
would have earned for the ordinary hours worked instead of the 17.5% loading.
(b) Shiftworkers
An employee who would have worked on shiftwork had they not been on leave must be paid a
loading equal to 17.5% of the wages prescribed by this award or the shift loading including
relevant weekend penalty rates, whichever is the greater but not both.’
[2017] FWCFB 3433
38
[189] The comparable provision in the current award is clause 23.5, which states the
following:
‘23.5 Annual leave loading
(a) An employee must also be paid a loading calculated on the wages prescribed by this award.
(b) The loading must be as follows:
(i) Other than shiftworkers
An employee other than a shiftworker must be paid a loading equal to
17.5% of the wages prescribed by this award for the ordinary hours of
work as performed between Monday and Friday.
Where an employee is rostered to work the ordinary weekly hours on
days which attract penalty rates and the employee would have earned a
greater amount than the payment for ordinary hours worked between
Monday and Friday plus 17.5% but for the period of leave then the
amount which the employee would have earned for the ordinary hours
of work they would have worked but for the period of leave will be paid
instead of the 17.5% loading.
(ii) Shiftworkers
An employee who would have worked on shiftwork had they not been on leave must
be paid a loading equal to 17.5% of the wages prescribed by this award or the shift
loading including relevant weekend penalty rates, whichever is the greater but not
both.’
[190] The AWU submits, with the support of Business SA,
136
that the words ‘as performed
between Monday and Friday’ should be deleted from clause 14.4(a)(i) of the exposure draft
because farm and livestock hands and poultry workers can be required to work ordinary hours
on weekends, without penalty rates.
137
[191] The AWU and the NFF agree that the exposure draft correctly transposes the terms of
the current award. The AWU, acknowledges that the issue may be one of merit as opposed to
translation but contends that the provision operates unfairly.
138
The AWU submits:
‘…the wording in the exposure draft seemingly could exclude payments they [poultry
employees] receive for work on a Saturday and Sunday in calculating the annual leave
loading’.
139
[192] The Commission undertook research into this issue, and a research document was
published on 14 October 2016.
[193] In their reply submission of 23 November 2016, the AWU note the words ‘worked
between Monday and Friday’ appearing in the second dot point in clause 23.5(b)(i) should
also be deleted. Clause 23.5(b)(i) is a reference to the current award, not the exposure draft.
The words ‘Monday to Friday’ only appear in the exposure draft at clause 14.4(a)(ii).
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-summary-annualleaveloading-141016.pdf
[2017] FWCFB 3433
39
[194] It is not in dispute that ordinary hours for farm and livestock hands and poultry
workers may be worked on weekends without attracting penalty rates. The NFF notes that
clause 14.4(a)(ii) ‘provides for a higher rate of pay if you work on days and hours that attract
penalty rates’.
140
[195] The issue is that the application of clause 14.4(a)(ii) is triggered by the entitlement an
employee has to be paid penalty rates for ordinary hours worked on a Saturday or Sunday and
hence the interaction of clauses 14.4(a)(i) and (ii) may disadvantage some employees. A
poultry employee who, for example, works Wednesday to Sunday at ordinary rates may not
have their weekend work included for the purpose of calculating the annual leave loading
because that employee does not receive penalty rates for weekend work and therefore clause
14.4(a)(ii) has no application. Further, under clause 14.4(a)(i) the loading would only be
calculated for the ordinary hours such an employee performs on Wednesday to Friday.
[196] The NFF acknowledge that the ‘clear intention’ of the provision is that the annual
leave loading is calculated on ‘base rate 38 hours or if you would ordinarily in that week get a
higher rate…you get the higher rate…’ in lieu of the annual leave loading.
141
[197] As a matter of merit an employee who regularly works on a weekend, say Wednesday
through to Sunday, and does not receive penalties for the Saturday and Sunday, should be
entitled to an annual leave loading based on those five days, and if that amount is greater than
what the employee would have received had they worked their ordinary hours on Monday to
Friday (plus 17.5 per cent), then the employee should be paid the higher amount. We will
amend the exposure draft accordingly.
Item 45: clause 26.3 – Station cooks
[198] At clause 26.3 of the exposure draft the following question was put to the parties:
‘Given that cooks are classified as an FL1, should the words “appropriate weekly rate” in
clause 26.3 be changed to the “FL1 ordinary hourly rate”? Should these amounts also be
expressed as percentages?’
[199] Clause 26.3 of the exposure draft is in the following terms:
‘26.3 Station cooks
(a) A cook who is required to work for more than five and a half days in any one week will be
paid, in addition to the weekly wage of this award, the following overtime rates:
(i) for work on six full days—an amount of 3/22nds of the appropriate weekly rate;
(ii) for work on six full days and one half day—an amount equal to 3/11ths of the
appropriate weekly rate; or
(iii) for work on seven full days—an amount equal to 9/22nds of the appropriate
weekly rate.
(b) No overtime will be worked nor will an employee perform work on the employee’s day
and/or half day off without the permission of or under the instructions of the employer or their
authorised representative.’
[2017] FWCFB 3433
40
[200] The AWU, Business SA and NFF agree that it is not necessary to alter the existing
wording in clause 26.3 of the exposure draft.
142
ABI/NSWBC support the change proposed by
the Commission in the exposure draft.
143
[201] Given the position of the AWU, Business SA and the NFF, namely, that it is not
necessary to alter the wording in clause 26.3 of the exposure draft, the current wording will
remain.
Item 49: clauses 27.2, 38.1 and Schedules B.2.2, B.5.2 and B.6.1 – Overtime and penalty
rates – various
[202] Clause 27.2 of the exposure draft deals with overtime and penalty rates for broadacre
farming and livestock operations and is set out below:
27.2 The rate of pay for overtime for a farm and livestock hand will be:
For overtime worked Overtime rate
% ordinary hourly
rate
Monday to Saturday
150
Sunday—all hours—feeding and watering stock 150
Sunday— all hours—other than feeding and watering stock
200
[203] Clause 38.1 of the exposure draft deals with overtime and penalty rates for poultry
farmers and is set out below:
38.1 Overtime
(a) All time worked by a poultry workers in excess of the ordinary hours in clause 37 will be
regarded as overtime.
(b) The rate of pay for overtime for a poultry farm worker will be:
For overtime worked Overtime rate
% ordinary hourly
rate
Monday to Saturday
150
Sunday—all hours—feeding and watering stock 150
Sunday— all hours—other than feeding and watering stock
200
(c) Time off instead of payment for overtime
An employee may elect to take time off duty, with pay, for a period equal to the overtime
worked.
[204] Schedule B.2.2 of the exposure draft sets out overtime rates for full-time and part-time
farm and livestock hand adult employees; Schedule B.5.2 deals with ordinary and penalty
rates for full-time and part-time piggery attendant junior employees (shiftworkers) and B.6.1
of the exposure draft sets out ordinary and penalty rates for full-time and part-time poultry
farm worker adult employees.
[2017] FWCFB 3433
41
[205] The NFF submit that employees, other than piggery attendants, are entitled to overtime
only after 152 ordinary hours have been worked in a period of four weeks.
144
[206] They submit that the tables in the exposure draft at clauses 27.2, 38.1 and at B.2.2,
B.5.2 and B.6.1 currently ‘imply that all hours worked on weekends are overtime hours’
145
and that the ‘tables setting out rates of pay should accurately reflect that overtime penalties
only apply once 152 ordinary hours over a four week period have been worked’.
146
They
submit that the columns ‘setting out penalty rates should be deleted or amended’ as
follows:
147
27.2 The rate of pay for overtime for a farm and livestock hand will be:
For overtime worked For hours worked after 152 hours in
any 4 week period
Overtime rate
% ordinary hourly
rate
Monday to Saturday
150
Sunday—all hours overtime—feeding and watering stock 150
Sunday— all hours overtime —other than feeding and watering
stock
200
[207] Further, the NFF submits that schedule B.2.2 (by way of example) ‘should be deleted
or amended as follows’:
148
B.2.2 Full-time and part-time farm and livestock hand adult employees—overtime
rates
Overtime: Hours in excess of 152 hours worked over a 4 week period
Monday to Saturday –
Overtime hours
Sunday – Overtime hours
feeding & watering
stock
other than feeding &
watering stock
% of ordinary hourly rate
150% 150% 200%
$ $ $
FLH1 26.55 26.55 35.40
FLH2 27.32 27.32 36.42
FLH3 27.71 27.71 36.94
FLH4 28.37 28.37 37.82
FLH5 28.88 28.88 38.50
FLH6 29.34 29.34 39.12
FLH7 30.92 30.92 41.22
[2017] FWCFB 3433
42
Overtime: Hours in excess of 152 hours worked over a 4 week period
Monday to Saturday –
Overtime hours
Sunday – Overtime hours
feeding & watering
stock
other than feeding &
watering stock
% of ordinary hourly rate
150% 150% 200%
$ $ $
FLH8 33.21 33.21 44.28
With keep – $122.53 per week is deducted where keep is provided in accordance with clause 24.3.
[208] The AWU opposes the NFF submission and argues that ‘the inclusion of these
provisions…will create confusion and ambiguity’.
149
The AWU submits that overtime may
also be payable in the following circumstances:
150
(i) ‘[w]hen a part-time employee works more than their agreed hours of work;
and/or’;
151
(ii) ‘[w]hen an employee in the broadacre farming and livestock stream works
more than the agreed ordinary hours’.
152
[209] Further, the AWU submits:
‘The current provisions are sufficient to determine when overtime rates are payable and
the amendments sought by the NFF will complicate rather than clarify their
operation.’
153
[210] We note that the parties were directed to file a joint paper setting out what changes
they think are required and setting out a short argument in support of the changes.
154
The joint
paper has not been filed. The parties are directed to file the joint paper by Friday 28 July
2017. The Commission will then determine this issue on the papers.
Items 54 and 55: clauses 31.1 and 31.5 – Shiftwork definitions
[211] The term ‘shiftworker’ is not defined in the current award. This was initially raised by
the Fair Work Ombudsman (FWO) in correspondence of 2 March 2015.
155
Clause 35.3 of the
current award defines types of shifts, and clause 35.9 provides penalty rates applying to
‘shiftworkers’. The FWO submits that without the term ‘shiftworker’ being defined, it may be
unclear as to whether an employee is a shiftworker or a day worker working outside the
spread of hours.
156
[212] In the exposure draft, the following question was put to the parties:
‘Parties are asked to comment on whether the award should include a definition of ‘shiftworker’
in order to clarify which employees are shiftworkers (for the purposes of shift loading) and
which employees are dayworkers (working outside the spread of ordinary hours)’
[2017] FWCFB 3433
43
[213] Following the 4 July 2016 conference, it was noted that two issues remained
unresolved:
(i) whether the term ‘shiftworker’ require a definition; and
(ii) the range of issues raised in the AWU submission of 17 April 2016 at
paragraphs 28 to 31 and the corresponding arrangements that it proposes.
157
[214] The AWU initially proposed inserting a definition for ‘shiftworker’ at clause 14.1 (in
the annual leave provision) as follows:
‘For the purpose of the additional week of annual leave provided by the NES, a shiftworker
means a shiftworker on continuous work as defined in this award.’
158
[215] The AWU later submitted that it had not encountered any issues in relation to the
definition for ‘shiftworker’ and that it does not see ‘a compelling need for a definition’.
159
The
AWU also queried whether ‘an award has to include a definition for the purpose of the extra
week of annual leave or not’.
160
[216] The NFF submits that a definition for ‘shiftworker’ is unnecessary and contends that:
‘No issues have arisen as to the definition of shiftworker and including one may have the
unintended consequence of unduly restricting or altering the current application of this
clause.’
161
[217] No further submissions were made in respect of inserting a definition for the term
‘shiftworker’.
[218] Given the views of the parties we do not propose to include a definition of
‘shiftworker’ in the award.
[219] In their submission of 17 April 2016, the AWU raised concerns relating to clause 31.1
and submits that clause 31.1 of the exposure draft (‘shiftwork definitions’) no longer has the
same meaning as the corresponding clause in the current award (clause 35.3 of the current
award). It submits that by inserting a definition for ‘non-continuous work’ at clause 31.1(c),
the exposure draft has ‘conflated the concepts of non-continuous work and non-successive
shifts’.
162
Clause 31.1(c) of the exposure draft is in the following terms:
‘(c) Non-continuous work means work carried [out] by a shiftworker who works on an
afternoon or night shift which does not continue:
(i) for at least five successive afternoons or nights on a five day site or six
successive afternoons or nights on a six day site; or
(ii) for at least the number of ordinary hours prescribed by one of the alternative
arrangements in clauses 31.1(f)(ii) or (iii) of this award;’
Note: the word ‘out’ that should appear between the words ‘means work
carried’ and ‘by a shiftworker’ is missing from the most recently published
exposure draft.
[2017] FWCFB 3433
44
[220] The AWU submits:
‘“Non-continuous work” is referring to the system of shifts that operates at the enterprise. In
contrast, “non-successive shifts” is concerned with the shifts worked by an individual
employee and is specifically directed at prescribing higher rates when they perform less than a
full week of afternoon or night shift.’
163
[221] The AWU contends that the shift allowances in clause 31.5 of the exposure draft ‘are
related to the disability an employee experiences from working different shifts during a week’
and that the allowances may apply irrespective of whether the enterprise operates
continuously.
164
The AWU submits that the redrafted clauses may have the unintended effect
of removing the ‘entitlement to higher rates of pay for employees who perform less than a full
week of shifts in a continuous enterprise’.
165
[222] The NFF agrees with the AWU position
166
and submits that the ‘issue arises from the
inclusion in the exposure draft of a new definition of “non-continuous work”’, a previously
undefined term.
167
Although the AWU and NFF agree with respect to the issue, they each
propose different solutions.
[223] The NFF submits that the exposure draft should be changed to reflect the current
award arrangements. It proposes deleting the ‘non-continuous work’ definition (clause
31.1(c)) and replacing clause 31.5 of the exposure draft with the current award clause 35.9.
168
[224] The AWU proposes replacing the term ‘non-continuous work’ in clause 31.1(c) with
‘non-successive shifts.’ The same change is consequentially proposed for the table appearing
at clause 31.5—Afternoon or night shift allowances.
169
In addition, the AWU proposes
inserting a definition for ‘non-continuous work’ at clause 31.1.
170
A summary of the AWU’s
proposed amendments is set out below:
(i) amending clause 31.1(c) to read (changes tracked):
‘Non-continuous work Non-successive shifts means work carried out by a shiftworker
who works on an afternoon or night shift which does not continue…’;
(ii) amending clause 31.1 by inserting a new definition for ‘non-continuous work’
which reads:
‘Non-continuous work means shift work which does not meet the definition of
“continuous work” ’; and
(iii) amending all references to ‘Non-continuous afternoon or night’ in the table at
clause 31.5 to ‘Non-successive afternoon or night’.
[225] The AWU also submits that the exposure draft restricts the entitlement of a paid crib
break to continuous workers
171
and that this is contrary to the intent of the award, as
demonstrated by the ‘fact that clause 35.6 (a) of the Award refers to non-continuous workers
performing an average of 38 hours per week ‘inclusive of crib time’.
172
The AWU proposes
removing the distinction in clause 31.2(h) in respect of breaks for employees engaged in
‘continuous work’ and ‘other than continuous work’ and amending the clause as follows
(changes tracked):
173
[2017] FWCFB 3433
45
[226] The AWU submits that the distinction in clause 31.2(h) between ‘Continuous work’
and ‘Other than continuous work’ should be removed. It proposes clause 31(h) be amended as
follows:
(h) Breaks
(i) Continuous work
Shiftworkers on continuous work as defined in clause 31.1(b) will be
allowed a 20 minute crib break each shift, which will be counted as
time worked.
(ii) Other than continuous work
Shiftworkers who are not engaged in continuous work as defined in
clause 31.1(b):
will work ordinary hours continuously except for meal breaks at
the discretion of the employer; and
must not be required to work for more than five hours without a
break for a meal.
(h) Shiftworkers will be allowed a 20 minute crib break each shift, which
will be counted as time worked.
(i) Shiftworkers will work ordinary hours continuously except for crib
breaks at the discretion of the employer.
[227] ABI ‘agree generally with the other parties that clause 31.1 of the exposure draft
requires further attention’ and indicated its support for further discussion between the
parties.
174
ABI made no further submissions in relation to these issues.
[228] We agree with ABI. These issues should be the subject of a further discussion between
the parties and a conference will be convened for that purpose.
Items 102 and 104: Schedule B.4.2 – Pig Breeding and Raising – Piggery attendant
employees and Schedule B.4.5 – Casual piggery attendant adult employees—shiftworkers—
ordinary and penalty rates
[229] The AWU submits that the references to ‘non-continuous’ should be amended to ‘non
successive’ and that footnote two should be amended and footnote three deleted.
175
[230] The NFF ‘do not support the introduction of a new “non-successive shift” term’.
176
[231] The determination of this issue is related to the resolution of the matters raised above
at [219]– [228]which are to be the subject of a further conference.
[2017] FWCFB 3433
46
Items 58 and 60: clauses 32, 32.3 and 33 – Overtime and penalty rates; Saturday and
Sunday Penalty rates
[232] The AWU does not oppose the NFF’s proposed amendments to clause 32.7(b).
177
The
proposed amendments correct typographical errors and we will make the changes in the form
sought by the NFF. The AWU opposes the remaining amendments proposed by the NFF in
respect of clauses 32 and 33. We discuss these below.
[233] The NFF submits that clause 32.1 of the exposure draft requires the following
‘typographical corrections’:
‘All time worked by piggery attendants before the ordinary commencing time or after the
ordinary finishing time or in excess of ordinary hours of work in any one day or in any one
week will be regarded as overtime.’
178
[234] The AWU opposes the NFF’s proposal and submits that the deletion of the words ‘of
work in any one day or in any one week’ makes the clause less clear in respect of overtime
payments in circumstances where an employee works outside the span of ordinary hours or
above the maximum number of hours to be worked in a day or in a week.
179
[235] Clause 36.1 is the corresponding clause in the current award and is in the following
terms:
‘All time worked by Piggery attendants before the ordinary commencing time or after the
ordinary ceasing time or in excess of ordinary hours of work in any one day or in any one
week will be regarded as overtime and will be paid for at the rate of time and a half for the first
two hours and double time after that.’ [our emphasis]
[236] The NFF’s characterisation of its proposed amendment to clause 32.1 as a
‘typographical correction’ is incorrect. The words which the NFF proposes to delete appear in
identical form in the current award. We agree with the AWU that to delete the words would
make the provision less clear. We will not make the amendments sought by the NFF.
[237] In respect of clause 33, the NFF proposes amendments which included moving clause
32.3 of the exposure draft to clause 33.2.
180
The NFF submits that the clause should be moved
as it ‘refers directly to Saturday and Sunday overtime rates’.
181
The proposed clause in the
NFF submission of 14 April 2016 also duplicates clause 32.4 of the exposure draft in what is
clause 33.3 of its proposed clause. The clause proposed by the NFF is set out below (changes
tracked):
182
‘33. Saturday and Sunday penalty rates work
33.1 For work performed by piggery attendants on a Saturday or a Sunday, the following
rates apply Overtime worked on weekends will be paid at the following rates:
For time worked after 152 hours in any 4 week
period:
Penalty rate
% ordinary hourly rate
Day workers
Saturday—ordinary hours 150
Saturday—ordinary hours worked by agreement First 2 150
[2017] FWCFB 3433
47
For time worked after 152 hours in any 4 week
period:
Penalty rate
% ordinary hourly rate
hours of overtime
Saturday —After the first two hours of overtime 200
Sunday—all hours overtime 200
Shiftworkers
Saturday
1
150
Sunday—continuous shifts
2
200
1
Provision in substitution for and not cumulative upon shift allowances in clause
31.5.
2
Where the major portion of the rostered shift is on a Sunday.
33.2 A minimum payment of three hours will apply to overtime worked on a Saturday or
Sunday except for work which is continuous with ordinary duty.
33.3 In computing overtime each day’s work will stand alone.’
[238] We note that the NFF’s proposal in respect of clause 33.2 involves more than merely
moving clause 32.3 to clause 33.2. The NFF’s clause 33.2 is in slightly amended terms as
depicted below (changes tracked):
‘32.3 33.2 A minimum payment of three hours’ will apply to overtime worked on a
Saturday or Sunday is payable except for work which is continuous with ordinary
duty.’
[239] The AWU does not agree with any of the NFF’s proposed amendments to clause 33.
183
The AWU submits that the provisions in clause 33 of the exposure draft are concerned with
penalty rates for ordinary hours only whereas the provisions the NFF proposes to move are
concerned with overtime. Further, the AWU submits that the minimum engagement provision
at clause 32.3 concerns overtime worked on the weekend and those overtime rates are in
clause 32 of the exposure draft. For these reasons the AWU submits the amendments
proposed by the NFF ‘do not make sense’.
184
[240] We agree with the AWU. We do not propose to make the changes proposed by the
NFF. Clauses 37.1(a)(ii) and 37.2(a) of the current award are accurately reflected in
clauses 32.2 and 32.3 of the exposure draft and deal with overtime. The table appearing at
clause 33 of the exposure draft reflects the penalty rates for piggery attendants working
Saturday and Sundays as they appear at clauses 37.1(a)(i), 37.1(b) and 37.2(b) of the current
award. The remaining provisions in clause 37 of the current award are concerned with
overtime payments for piggery attendants only and have been accurately transposed to
clause 32 of the exposure draft. We propose amending the heading of clause 32 so that it
accurately reflects that the provisions in the clause pertain to overtime entitlements only. That
is, clause 32 will be headed (changes tracked) ‘Overtime and penalty rates’.
Item 59: clause 32.2 – Overtime and penalty rates
[241] The NFF submits that clause 32.2 should be amended to ‘align the table with the
current award terms and assist to avoid misunderstanding about when overtime rates must be
paid’.
185
The amendments proposed are set out below (changes tracked):
186
32.2 Subject to clause 33, O overtime will be paid at the following rates:
[2017] FWCFB 3433
48
For overtime worked Overtime after
152 hours in a 4 week period
Overtime rate
% ordinary hourly rate
Monday to Saturday Any day—f First
two hours
150
Monday to Saturday Any day—a After
first two hours
200
Sunday—all hours overtime 200
[242] The AWU submits that the words ‘all hours’ should be deleted from the table because
the clause is only concerned with overtime.
187
Business SA agrees with the AWU position in
this regard.
188
[243] The AWU rejects the NFF’s proposed amendments and contends that:
‘Piggery attendants can be entitled to overtime payments when they have not worked 152
ordinary hours in a 4-week period. Overtime is payable for working outside the span of
ordinary hours for day workers or shift workers and for working more than the maximum daily
ordinary hours.’
189
[244] The table in clause 32.2 of the exposure draft contains the overtime rates for piggery
attendants and reflects clauses 36.1, 36.2, 37.1(a)(ii) and 37.2(a) of the current award. The
clauses are set out below:
‘36.1 All time worked by Piggery attendants before the ordinary commencing time or after
the ordinary ceasing time or in excess of ordinary hours of work in any one day or in
any one week will be regarded as overtime and will be paid for at the rate of time and
a half for the first two hours and double time after that.
36.2 All overtime worked on Saturday will be paid for at the rate of time and a half for the
first two hours and double time after that.
37.1 Saturdays
(a) Day workers
…
(ii) The rate for overtime duty on a Saturday will be time and half for the
first two hours and double time after that, with a minimum payment of
three hours except for work which is continuous with ordinary duty.
37.2 Sundays
(a) The rate for overtime duty on a Sunday will be double time with a
minimum payment of three hours at such rate except for work which is
continuous with ordinary duty.’
[245] We do not accept the NFF’s proposed variation to the table in clause 32.2. It seems to
us that the variation proposed is inconsistent with the terms of clause 32.1 which provides that
Piggery attendants are paid overtime rates for all time worked ‘before the ordinary
commencing time or after the ordinary ceasing time or in excess of ordinary hours of work in
any one day or in any one week’.
[2017] FWCFB 3433
49
Item 64: clause 33 – Saturday and Sunday penalty rates
[246] The AWU submits that the table at clause 33 should be amended in relation to the
penalty rate for day worker piggery attendants who work ordinary hours on a Sunday. They
propose three amendments to the table as detailed below.
[247] It submits that the fourth row should read ‘Sunday—ordinary hours worked by
agreement’ as opposed to ‘Sunday—all hours’ as it currently appears.
190
It also proposes that
the words ‘continuous shifts’ in the seventh row of the same table should be deleted because
shiftworkers perform ordinary hours on a Sunday.
191
In this regard, the AWU note that
clause 31.6 of the exposure draft ‘refers generally to shiftworkers when excluding the shift
loading for work on the weekend and public holidays’. The NFF supports the AWU
submission in respect of shiftworkers but does not respond to the other aspects of the AWU
claim other than to refer it its own claim in relation to this clause (see under items 58 and 60
at paragraphs [232] – [240]).
192
[248] In addition, the third amendment the AWU seek is that the second footnote in the table
be deleted because ‘there is no corresponding provision for Saturday night shifts or shifts on a
public holiday’. ABI oppose this AWU submission ‘on the basis that this represents a
substantive change rather than a drafting or technical amendment’.
193
[249] We do not propose to make any of the amendments sought by the AWU. Rather we
propose to delete the fourth row of that table in its entirety. Clause 37.2(a) of the current
award indicates that the rate for day workers working overtime on a Sunday will be paid for at
double time (or rather 200 per cent of the ordinary hourly rate). There is no provision of the
current award that indicates that ordinary hours worked (by agreement) on a Sunday will
attract penalty rates and be paid for at 200 per cent of the ordinary hourly rate. The translation
of clause 37.2 of the current award to the table at clause 32.2 (in the overtime provision)
accurately reflects the terms of the current award.
Item 65: clause 34 – Payment for public holidays
[250] At clause 34 of the exposure draft, the following question was put to parties:
‘The overtime rates that apply for work in excess of rostered hours on a public holiday in
accordance with clause 32.1 are less than that provided for ordinary hours on a public holiday.
Is this correct?’
[251] The parties agreed that the rate for overtime worked on a public holiday is correct,
although it is less than the rate for ordinary hours worked on a public holiday.
194
Business SA
submits that the pre-reform award supports their position that the clause is correct.
195
[252] The AWU initially submitted that:
‘…it is illogical and unfair for overtime hours on a public holiday to be paid at a lower rate than
ordinary hours. The rate should be 250% of the ordinary hourly rate for all hours worked’.
196
[253] In a later submission, the AWU submit that the current award and exposure draft:
[2017] FWCFB 3433
50
‘…do currently appear to allow an employee working on a public holiday to reduce to a lower
rate when they work more than the usual rostered hours on a public holiday.
The Award and Exposure Draft lack a provision stating overtime on a public holiday is paid at
the rate of double time and a half.’
[254] We do not propose to change clause 34 of the exposure draft as it accurately reflects
the position under the current award. However, it is unclear whether or not the AWU is
seeking to vary the provision. We will provide the AWU with an opportunity to clarify their
position.
Item 84: clause 41 – Special allowances (other than Woolclassers and Shearing shed
experts)
[255] The NFF submits that the wording in the current award clause (clause 46.1) should be
retained ‘to reduce the risk of unintentional changes to the meaning of this clause’
197
and that
the redrafted clause has a different legal effect to the corresponding clause in the current
award.
198
The SCAA agrees with the NFF.
199
The AWU ‘accepts the word “home” appears in
the current award and is not opposed to it being inserted into the Exposure Draft on that
basis’.
200
[256] The current award clause is in the following terms (emphasis added):
‘46.1 Allowance where sleeping quarters are not provided
Where the employee does not reside during a shearing (or crutching) at the employee’s home
or usual place of residence and the employee is forced to obtain and pay for sleeping quarters
away from the employer’s premises because the employer is unable to provide sleeping
quarters at the premises for the employee, the employer will:
(a) arrange for sleeping quarters for the employee to be supplied elsewhere at the
employer’s expense; or
(b) pay to the employee an allowance of 259.4% of the standard rate per night for
each night during the employee’s employment that the employee is so forced
to obtain and pay for sleeping quarters; and
(c) where the distance is one kilometre or more walking distance between the
employee’s sleeping quarters and the shed, provide or pay for the transport of
the employee between the sleeping quarters and the shed.’
[257] The corresponding clause in the exposure draft is as follows (emphasis added):
‘41.1 Allowance where sleeping quarters are not provided
If the employee does not reside at their usual place of residence and is forced to obtain and pay
for sleeping quarters away from the employer’s premises because the employer is unable to
provide sleeping quarters at the premises for the employee during a shearing or crutching, the
employer will:
(a) arrange for sleeping quarters for the employee to be supplied elsewhere at the
employer’s expense; or
[2017] FWCFB 3433
51
(b) pay to the employee an allowance of $47.24 per night during the employee’s
employment that the employee is forced to obtain and pay for sleeping
quarters; and
(c) provide or pay for the transport of the employee between the sleeping quarters
and the shed where the distance is one kilometre or more walking distance
between the employee’s sleeping quarters and the shed.’
[258] The NFF and SCAA submit that ‘the term “home” should be reinserted’.
201
The NFF
makes the following submissions in support of its argument that clause 41.1 no longer has the
same meaning as the corresponding clause in the current award:
‘The word “home” has been removed from clause 41.1 of the Exposure Draft. The Exposure
Draft clause would not apply to a circumstance where an employee returns to their home for
work, which is not their usual place of residence at that time.
As outlined in our previous submission dated 28 September 2016, the legal dictionary defines
residence as “personal presence at some place of abode” and indicates that “although the
domicile and residence of a person are usually in the same place, and the two terms are
frequently used as if they have the same meaning, domicile means living in that locality with
the intent to make it a fixed and permanent home. Residence merely requires bodily presence
as an inhabitant in a given place.”
The term “home” was inserted into the Pastoral Industry Award 1965 by Justice Gaudron on
23 October 1975, to supplement the phrase “usual place of residence”.
As was made clear in that decision, while a person’s home and usual place of residence will
often mean the same thing, this is not necessarily the case. Shearing is a form of employment
that is traditionally associated with an expeditionary lifestyle where employees move around
throughout the year for work and may establish a usual place of residence that is away from
their home.
This is confirmed by the decision in Russell Kerry Collison, Secretary, Australian Workers
Union, Greater NSW Branch, On Behalf of Stewart Batey v Coachdale Pty Ltd where a
shearer, Mr Batey moved around for shearing and travelled from his home that he shared with
his wife in Warwick to stay at a hotel in Walcha for the purposes of shearing over the course
of the year, travelling away from here occasionally for other jobs. After he separated from his
wife he moved to Seymour, spending some time there and also living in a three bedroom
house in Walcha for a significant portion of the year.
In assessing whether Mr Batey was entitled to an allowance for this accommodation, the
Magistrate placed weight on the distinction between suburban and expeditionary shearers
stating “as a professional shearer, Mr Batey was itinerant, and thus his “usual place of
residence” was wherever he was staying for work purposes.”
He went on to explain:
“In any case, Clause 25.1 refers in the alternative to “home” or “usual place of
residence” so even if Warwick was Mr Batey’s “home” at relevant times, and
Seymour was his “home” in 2001, these were certainly not “his usual place of
residence”. But even if “home” is all that is required for the clause to be satisfied in
this case, Warwick and Seymour were not his “home” during the shearing or
crutching.
[2017] FWCFB 3433
52
What is a person’s “home” or “usual place of residence” must be judged objectively,
not on what they assert to be the case; the fact that they are named on the title of a
property, or pay rates at a property, or have their mail sent to a particular address, does
not make such a place that person’s “home” or “usual place of residence”.
As the word “home” was inserted into the award intentionally, the NFF is concerned that its
removal would have the effect of expanding the scope of the allowances to which it relates.
Accordingly, we seek to retain the term “home” in the proposed clause.’ (footnotes omitted)
202
[259] We propose to insert the words ‘home or’ in between the words ‘their’ and ‘usual
place of residence’ in clause 41.1 of the exposure draft so that the clause reads: ‘…at their
home or usual place of residence…’.
Item 86: clause 42.3(a)(ii) – Allowance for delays for Woolclassers paid at piecework rate
[260] The phrase ‘act of God’ was removed when clause 47.3 of the current award was
transposed to clause 42.3 of the exposure draft. The NFF expressed concern that the revised
clause may no longer cover ‘fires that are deliberately lit’
203
and submits:
‘The changes made to this clause in the exposure draft have the potential to change meaning by
limiting the circumstances to which this clause applies. ‘Act of God’ is a legal term of art used
most commonly in the insurance industry. It should be retained.’
204
[261] The NFF, supported by the SCAA, proposes an alternative form of wording to the
phrase ‘act of God’ that it submits will address its concern.
205
The proposed wording is as
follows (changes tracked):
‘42.3 Allowance for delays for Woolclassers paid at piecework rate
(a) In the event of the employer failing to start shearing on the day fixed by the
contract the employer will pay the employee for the time kept idle, a daily
amount of 10% of the appropriate guaranteed weekly minimum rate for the
classification of the employee; provided:
…
(ii) the failure to start is not caused by wet weather or other unforeseen
natural causes such as fire, flood, or earthquake.’
206
[262] Clause 47.3 of the current award provides as follows:
47.3 Allowance for delays for Woolclassers paid at piecework rate
(a) In the event of the employer failing to start shearing on the day fixed by the contract
the employer will, provided the Woolclasser is ready to start on the day fixed, pay the
employee for the time kept idle, a daily amount of 1/10th of the appropriate guaranteed weekly
minimum rate for the classification of the employee, unless the failure to start is caused by wet
weather or other unforeseen causes such as fire, flood, earthquake or any other act of God.
(b) The number of stands to be taken into account when calculating the allowance will be
the maximum number of stands actually occupied by Shearers during the shearing.
[2017] FWCFB 3433
53
(c) The allowance set out in this clause will be in full satisfaction of all claims by the
employee arising out of such failure to start on the part of the employer.
(d) The abovementioned rates will only apply where an employee is paid the piecework
rate.
[263] The AWU acknowledges that it had initially expressed its agreement with the NFF
position,
207
but later expressed some concerns with the NFF proposed variation. The AWU
submits that the word ‘natural’ should not be deleted for the following reasons:
‘…the proposed amendment unreasonably confines an employee’s entitlements for idle time.
The deletion of the word “natural” would mean an employer does not have to pay the 10%
daily amount if there are “other unforeseen causes” for the delay in commencing work.
An unscrupulous employer could use these words to deny the 10% payment to an employee
for causes largely within their control - such as failing to keep machinery properly maintained
or ensuring there are adequate staffing levels – provided there is something unforeseen about
the cause.
The words “such as fire, flood or earthquake” do give an indication of the intent of the
provision but would not necessarily prevent a broad interpretation of the term “other
unforeseen causes”.
The NFF has identified deliberately lit fires as an example of a problem with using the term
“natural”. However, an employee should not forfeit the 10% daily payment because they are
prevented from working by a deliberately lit fire.
Further, determining whether a fire is deliberately lit or not may take the legal system a
lengthy amount of time. Having an industrial entitlement contingent on a guilty verdict in
criminal proceedings is far from ideal.
It is also reasonably unlikely that an employee would subject themselves to potential criminal
prosecution via deliberately lighting a fire to receive a 10% daily payment when they could
otherwise have avoided exposure to prison and received a 100% payment.’
208
[264] We propose to amend clause 42.3 of the exposure draft so that the relevant expression
reflects the wording in clause 47.3 if the current award, that is:
‘(ii) the failure to start is not caused by wet weather or other unforeseen causes such as fire,
flood, earthquake or any other act of God’.
[265] The additional words (shown in red) reflect the terms of the current award, if an party
seeks to depart from those terms they should file an application to vary the award.
Item 95: Schedule A.1.2 – Minimum wages
[266] The NFF submits that schedule A.1.2 ‘should clarify that the deduction is ‘per day’
and that clause 40.3(d) should be similarly amended.
209
It also submits that a ‘further identical
provision should be inserted above the proposed clause 40.3 in relation to shearing’.
210
The
SCAA agree with the NFF position.
211
[2017] FWCFB 3433
54
[267] The exposure draft provides as follows:
‘A.1.2 ‘If found’ rates are calculated by deducting $29.85 from the ‘not found’ rate. This
amount is arrived at by adding the Shearing cook’s daily rate to one fifth of the
Shearers’ ration component. The Shearing cook’s daily rate is calculated in accordance
with clause A.5.’
[268] Schedule A.1.2 is adapted from clause 45.1(h) of the current award which is in the
following terms:
‘(h) If found employee—the rates prescribed above less the amount of $29.85, which is
arrived at by adding the Shearing cook’s daily rate to one fifth of the Shearers’ ration
component.’
[269] Clause 40.3 of the exposure draft provides as follows:
40.3 Rates for crutching
The following rates are arrived at by the formula in clause A.2 and paid in
addition to the shearing rates contained in this clause.
(a) Piecework rates—if not found employee:
Per 100
$
At sheds
Per 100
$
Other than
at sheds
Full crutching: shearing the inside parts of the
legs, between the legs, and around and above the
tail. In addition when required:
removing wool that has been struck by
blowfly;
lifting the bottom leg and shearing that
leg prior to turning the sheep around and
above the tail; and/or
giving up to two blows above the tail
85.06 73.33
All other crutching 67.46 58.66
For wigging or ringing 32.26 32.26
For either wigging or ringing in addition to
crutching
8.80 8.80
For wigging and ringing 52.80 52.80
For wigging and ringing in addition to
crutching—crutching rate plus
14.67 14.67
[2017] FWCFB 3433
55
Per 100
$
At sheds
Per 100
$
Other than
at sheds
For cleaning the belly of any ewe above the teats
(no more than two blows of the machine or
shears)—crutching rates plus
7.33 7.33
(b) Lack of amenities allowance
An allowance of $9.38 per person per day will be paid for the lack of amenities
when crutching is performed other than at sheds in addition to the piecework
rates in clause 40.3(a).
(c) Special crutching rates
(i) For crutching stud ewes and their lambs—one and a quarter of
the rates prescribed in clause 0.
(ii) For crutching rams and ram stags—double the rates prescribed
in clause 0.
(d) If found employee—the rates prescribed above less the amount of
$29.85, which is arrived at by adding the Shearing cook’s daily rate to
one fifth of the Shearers’ ration component.
[270] The NFF makes the following submissions in support of its claim:
‘Historically, the Wage Rates and Ready Reckoner circular outlined clearly that the “found”
deduction was “per day”.
In the current award, the “found” deduction is $29.85. The rate for engagement by the day is:
a. $219.14 if not found employee;
b. $189.29 per day if found employee.
The difference between the two is $29.85, supporting the proposition that the “found”
deduction is “per day”.’
212
[271] Conversely, the AWU submits there are ‘no issues with the wording of the Exposure
Draft’,
213
but accepts that ‘the “if found” deduction is incurred daily’.
214
[272] It is not entirely clear to us what changes to the current exposure draft are being sought
by the respective parties. This issue will be the subject of a further conference.
[2017] FWCFB 3433
56
Items 101 and 103: Schedule B.4.1 – Pig Breeding and Raising – Piggery attendant
employees and Schedule B.4.4 – Casual piggery attendant adult employees (all employees
including shiftworkers)—ordinary and penalty rates
[273] The AWU submits that the current award is ‘ambiguous in terms of whether a day
worker can work ordinary hours on a Sunday’.
215
It contends that:
‘Clause 35.1 seemingly allows an agreement to this effect but clause 37.2 does not refer to
ordinary duty by day workers on a Sunday.’
216
[274] For this reason, the AWU submits:
‘… Schedule B.4.1 of the Exposure Draft should be amended to exclude shiftworkers (given
their rates are comprehensively dealt with in Schedule B.4.2) and to insert a 200% Sunday
column.’
217
[275] Similarly, it submits that schedule B.4.4 should be amended and that:
‘…a 225% column should be added for ordinary hours worked by agreement on Sunday and
shiftworkers should be excluded rather than included given their rates are in Schedule
B.4.5.’
218
[276] In the summary of submissions, the following comment was included by the
Commission’s research area:
‘No ambiguity. Award does not contain provision for ordinary hours on Sundays. The Sat/Sun
clause (MA cl 37) refers to a Saturday ordinary time rate, whereas Sunday rate referred to as
‘overtime’.
B.4.1 is a table of ordinary rates and penalty rates – overtime rats are in B.4.3.
[277] In light of the above comment, the AWU agreed to confirm its position in respect of
its claims by 15 July 2016.
219
The AWU are yet to confirm whether it presses the claims. The
AWU is asked to advise the Commission of its position in writing by no later than 4.00pm
Friday 28 July 2017.
Item 106: Schedule B.6.2 – Full-time and part-time junior poultry farm worker employees –
ordinary, penalty rates and overtime and Item 107: Schedule B.6.3 – Casual junior poultry
farm worker employees – ordinary, penalty rates and overtime
[278] The NFF submits that the rates contained in Schedule B.7.2 and B.7.3 are affected by
rounding errors and therefore certain rates are incorrect.
220
The NFF submits that the rates for
PW1 employees under 16 years of age are incorrect in both B.7.2 and B.7.3 of the exposure
draft.
221
The amended figures proposed by the NFF (relative to the rates in the 2015–16
financial year) are set out below (changes tracked):
[2017] FWCFB 3433
57
B.7.2 Full-time and part-time junior poultry farm worker employees—ordinary,
penalty rates and overtime
Age Junior
hourly rate
Public holiday
(all hours
worked)
Overtime
Monday to
Saturday
Sunday
Feeding or
watering
stock
Other than
feeding or
watering
stock
% of junior hourly rates
100% 200% 150% 150% 200%
$ $ $ $ $
PW1
Under 16 years 8.85
8.64
17.70
17.28
13.28
12.96
13.28
12.96
17.70
17.28
B.7.3 Casual junior poultry farm worker employees—ordinary, penalty rates and overtime
Age Junior hourly rate Casual hourly rate Public holiday
% of junior hourly rates
100% 125% 225%
$ $ $
PW1
Under 16 years 8.85
8.64
11.06
10.80
19.91
19.44
[279] The disparity between the rates in the Exposure draft by the Commission and those
calculated by the NFF appear to be due to the NFF’s failure to round the figures at each step
in the calculation. When calculating the hourly adult rate, the weekly rate is to be divided by
38. However, it appears the NFF has not rounded the hourly figure to two decimal places
before proceeding with further calculations. As a result, the starting figure for the NFF
calculations is the unrounded adult hourly rate. Using the rates for the 2015–16 financial year
as an example, this means that instead of arriving at an hourly adult rate of $17.29, the NFF
has arrived at an hourly adult rate of $17.286842. The NFF’s method is inconsistent with the
how the Commission calculates rates and that explains the discrepancy between the NFF’s
proposed rates and those in the exposure draft.
[280] We do not propose to amend the rates in Schedule B.7.2 and B.7.3.
[281] We note that the NFF also seeks an amendment to the table such that it is clear that
‘overtime is only payable after 152 hours in any 4 week period’. For the reasons given in
respect of Item 49 above, we reject the NFF’s proposed amendment.
Item 108: Schedule B.8 – Shearing operations – shearers and Item 109: Schedule B.8.2 –
Casual crutchers – not found – ordinary and penalty rates
[282] The NFF submits that the tables ‘dealing with shearing rates are highly complex’ and
do not assist in understanding the applicable wage rates.
222
In addition, the NFF noted that
there is no reference to crutching rates for rams and ram stags.
223
It was also noted that some
of the figures included in the table for casual crutchers were incorrect.
224
The NFF reiterates
this position in a later submission.
225
While the AWU stated it was not opposed to the
[2017] FWCFB 3433
58
inclusion of these rates tables, it accepts that they may require further refinement.
226
The
AWU agrees that rates for crutching of rams and ram stags should be included.
227
[283] We propose to delete the tables containing shearing rates. Accordingly, then the
second issue (concerning rates for crutching rams and ram stags) becomes moot.
Item 111: Schedule C.2.2 – Adjustment of expense related allowances
[284] Schedule C.2.2(b) of the exposure draft published by the Commission amended the
applicable consumer price index (CPI) figure for a number of expense-related allowances
from ‘eight capital cities weighted average’ to ‘all groups’. The NFF submits that this change
should be reversed in order to avoid confusion or potential misunderstanding around what
CPI groups constitute ‘all groups’.
228
There was broad support amongst the parties for the
NFF’s position.
229
[285] The NFF later submitted that it would be content with ‘All Groups CPI’ rather than
‘All Groups’, as this is the terminology used when referring to the index.
230
[286] The purpose of the table is to clarify which of the index figures published by the
Australian Bureau of Statistics (ABS) is to be used to adjust a particular allowance, that is
which group or sub-group as defined by the ABS. The preamble to the table states that the
figure is taken from the Eight Capitals Consumer Price Index so there is no need to repeat the
words ‘eight capital cities’ as initially proposed by the NFF. When the weighted average of all
groups is to be used to adjust an allowance, modern awards generally use the term ‘All
groups’ which is consistent with the terminology used in ABS publications. The column
heading is ‘Applicable Consumer Price Index figure’ so the use of ‘All Groups CPI’ as per the
NFF’s later proposal renders the term ‘CPI’ redundant. We will retain the term ‘All groups’.
Item 118: Schedule G – Definitions and interpretation
[287] At the 4 July 2016 conference, it was highlighted that the term ‘continuous service’
appears nowhere in the award other than in the definitions schedule. It was suggested by the
NFF that the definition may not be required at all. On that basis, the parties were directed to
give consideration to simply deleting the definitions, and the exposure draft was republished
with the definition struck through, so as to indicate that the proposal was to remove it
entirely.
231
Following the hearing, the NFF submitted that it was not opposed to the deletion
of the entire definition on the basis that it served no purpose.
232
[288] We are satisfied that deletion of the definition of ‘continuous service’ is the
appropriate course as the term appears nowhere else in the award and the existing definition
serves only to create confusion. We will delete the definition from the award.
2.15 Port Authorities Award 2010
[289] On 15 January 2016 the Commission published an initial exposure draft based on the
Port Authorities Award 2010 (the Port Authorities award) together with a comparison
document showing the changes made to the structure and language in the award. Interested
parties were provided with an opportunity to file written submissions and submissions in
reply on the drafting and technical issues in the Exposure draft.
233
Submissions were filed by
the MUA
234
and Ports Australia
235
and on 23 May 2016 the Commission published a
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-port.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-port.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-port.pdf
[2017] FWCFB 3433
59
summary of submissions. The Port Authorities award was listed for mention on 6 June 2016
to:
(i) confirm that the published summary of submissions was accurate and reflected
the parties’ positions;
(ii) identify any submissions or variations agreed or withdrawn; and
(iii) identify whether any matters raised in submissions were of a substantive nature
and required consideration by a specially constituted Full Bench.
236
[290] Following the 6 June 2016 mention, a revised summary of submissions was published
on 24 June 2016. A further conference
237
was held in Sydney on 4 August 2016 to discuss the
issues listed in the revised summary of submissions. The AMOU, MUA, and Ports Australia
appeared at that conference. Item 5 of the revised summary was the only outstanding matter
for discussion and the interested parties confirmed that they were content for the Full Bench
to determine that matter on the basis of the written submissions already filed, without the need
for an oral hearing.
[291] The exposure draft, as currently drafted, provides for the following in relation to
overtime worked by employees:
12.1 Overtime and penalties—Monday to Friday
(a) Overtime is payable to employees for any time worked outside of
ordinary hours on a Monday to Friday (except a public holiday) at the
following rates:
(i) 150% of the ordinary hourly rate for the first three hours; and
(ii) 200% of the ordinary hourly rate after three hours.
…
12.3 Ordinary hours and overtime—Saturday
An employee will be paid 150% of the ordinary hourly rate for all ordinary hours and
overtime worked between midnight Friday and midnight Saturday.
[292] The exposure draft also invited parties to comment on the operation of the overtime
provisions, given the rate payable for overtime in excess of three hours performed on
Saturday is lower than the rate payable after three hours of overtime between Monday and
Friday. The parties’ attention was directed to two pre-reform awards that were utilised in the
making of the Port Authorities award: the Port Services Award 1998
238
and the Port
Authorities Award – State 2003
239
.
[293] The MUA submitted that, as the pre-reform awards both provided for work on
Saturday to be paid at 150 per cent of the ordinary hourly rate for the first three hours and 200
per cent thereafter, the exposure draft should be amended to reflect this position.
240
https://www.fwc.gov.au/sites/awardsmodernfouryr/port-authorities-subs-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/port-authorities-subs-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/port-authorities-subs-summary-revised.pdf
[2017] FWCFB 3433
60
[294] Ports Australia drew the Commission’s attention to a draft award submitted by the
MUA and AIMPE during the Award Modernisation Proceedings, which provided for payment
for overtime in the manner reflected in the current award and exposure draft.
241
Ports
Australia submitted that the MUA did not make any submissions on this issue during the
Award Modernisation Proceedings, even after the Australian Industrial Relations Commission
(AIRC) published its own exposure draft, and ultimately the final award, with the same
provisions.
242
[295] Ports Australia submitted that, as the Commission proceeds on the basis that, prima
facie, the Port Authorities award achieved the modern awards objective at the time it was
made, and the MUA has not addressed the relevant legislative provisions, submitted any
evidence directed at demonstrating the facts supporting the proposed change, or made
submissions about any previous decisions relevant to the issue, the change proposed by the
MUA should not be adopted.
243
[296] As Ports Australia’s correctly states, the approach of the Commission is to proceed on
the basis that prima facie the modern award being reviewed achieved the modern awards
objective at the time that it was made.
244
However, this is simply the prima facie position, and
may be displaced in appropriate circumstances.
[297] The rationale for awarding a higher rate of payment for overtime in excess of three
hours is to compensate employees for the disability associated with, not merely having to
work in excess of or outside ordinary hours, but having to do so for a prolonged period of
time. Hence, the rate of pay for overtime beyond three hours performed Monday to Friday is
200 per cent of the ordinary hourly rate, rather than 150 per cent.
[298] There does not appear to be any reasonable justification for the disparity between
overtime rates payable on weekdays and the overtime rates payable on Saturdays. The
rationale for awarding a higher overtime rate after three hours is as applicable to overtime
worked on Saturdays as it is to overtime worked on Monday to Friday. To maintain the status
quo would be anomalous.
[299] Further, the existence in the pre-reform awards of provisions in the same terms as
those sought by the MUA leads us to conclude that the matter was not given detailed attention
by the Full Bench in the Award Modernisation proceedings, no doubt because of the content
of the draft award submitted by the MUA and AIMPE at that time.
[300] We are satisfied that it is appropriate to vary the award so as to provide for payment at
200 per cent of the ordinary hourly rate after the first three hours of overtime performed on
Saturday, as sought by the MUA.
[301] A revised exposure draft will be published shortly and parties will be provided with a
final opportunity to comment.
2.16 Ports, Harbours and Enclosed Water Vessels Award 2010
[302] On 15 January 2016 the Commission published an initial exposure draft based on the
Ports, Harbours and Enclosed Water Vessels Award 2010 (the Ports award) together with a
comparison document showing the changes made to the structure and language in the award.
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-ports.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-ports.pdf
[2017] FWCFB 3433
61
Interested parties were provided with an opportunity to file written submissions and
submissions in reply on the drafting and technical issues in the Exposure draft.
245
Submissions
were filed by the AWU,
246
Business SA,
247
MIAL
248
and the MUA.
249
On 30 May 2016 the
Commission published a summary of submissions. The Ports award was listed for mention on
6 June 2016 to:
(i) confirm that the published summary of submissions was accurate and reflected
the parties’ positions;
(ii) identify any submissions or variations agreed or withdrawn; and
(iii) identify whether any matters raised in submissions were of a substantive nature
and required consideration by a specially constituted Full Bench.
250
[303] Following the 6 June 2016 mention, a revised summary of submissions was published
on 24 June 2016. A further conference was held in Sydney on 4 August 2016 (the August
conference) to discuss the issues listed in the revised summary of submissions.
251
The
following parties appeared before the Commission at that conference:
AIMPE;
AMOU;
The AWU;
MUA; and
Ports Australia.
[304] On 7 November 2016 the Commission issued a Statement
252
that attached a report
setting out the issues discussed at the August conference. That Statement also included draft
directions setting out the process for dealing with the outstanding technical and drafting
matters for the Ports award. A revised exposure draft and a further revised summary of
submissions reflecting the agreed position of the parties were also published on
7 November 2016.
253
Parties were given until 14 November 2016 to file any comments on the
draft directions or on the attached reports. Final directions were issued on 15 November 2016
and parties are required to file further material in December 2016.
[305] The Full Bench in matter AM2016/5 will determine the substantive issues listed at
items 1, 3, 4 and 11 of the further revised summary of submissions.
254
Items 2 and 12 of the
revised summary of submissions will be addressed after the Full Bench has determined the
coverage issues (items 1, 3 and 4) in matter AM2016/5.
[306] Item 6 of the further revised summary of submissions will be addressed after the Part-
time and Casual Employees Full Bench has determined the matters in AM2014/196 and
AM2014/197. Items 8, 24 and 25 of the revised summary of submissions are being dealt with
by the Part-time and Casual employees Full Bench in AM2014/196 and AM2014/197.
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/phewv-subs-summary.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/phewv-subs-summary.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/phewv-subs-summary-revised.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/phewv-subs-summary-revised.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014196-part-time-employment
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/am2014197-casual-employment
[2017] FWCFB 3433
62
2.17 Real Estate Industry 2010
[307] It was confirmed at the mention held on 6 June 2016
255
that there are no outstanding
technical and drafting issues in relation to the Real Estate Industry Award 2010. The
summary of submissions and exposure draft will not be updated until substantive matters have
been finalised. Substantive matters are being dealt by a Full Bench in AM2016/6.
256
2.18 Seagoing Industry Award 2010
[308] Following the 6 June 2016 mention, a revised summary of submissions was published
on 24 June 2016. A further conference was held in Sydney on 4 August 2016 (the August
conference) to discuss the issues listed in the revised summary of submissions.
257
The
AMOU, MIAL, MUA and AIMPE appeared before the Commission at that conference:
[309] On 7 November 2016 the Commission issued a Statement that attached a report
outlining the issues discussed at the August conference.
258
That Statement also included draft
directions setting out the process for dealing with the outstanding technical and drafting
matters for the Seagoing award. A revised exposure draft and a further revised summary of
submissions reflecting the agreed position of the parties were also published on
7 November 2016.
259
Parties were given until 14 November 2016 to file any comments on the
draft directions or on the attached reports. Final directions were issued on 15 November 2016
and parties are required to file further material in December 2016.
[310] Item 11 of the further revised summary of submissions is a substantive matter and was
referred to the Full Bench in matter AM2016/5 for determination.
260
Item 18 was referred to
the Alleged NES Inconsistencies Full Bench (AM2014/1) and the matter will be listed for
mention by a member of that Full Bench. Following the mention, directions for the filing of
further submissions will be issued.
2.19 State Government Agencies Award 2010
[311] A decision
261
issued on 31 July 2015 determined the substantive issues raised in
respect of the State Government Agencies Award 2010. An exposure draft was published on
18 December 2015 and no submissions were received. There are no outstanding issues for
determination.
2.20 Telecommunications Services Award 2010
[312] On 18 December 2015 the Commission published an initial exposure draft based on
the Telecommunications Services Award 2010 together with a comparison document showing
the changes made to the structure and language in the award. Interested parties were provided
with an opportunity to file written submissions and submissions in reply on the drafting and
technical issues in the exposure draft. Submissions were received from the Ai Group and ABI.
Commissioner Roe published a report on 22 April 2016 that set out the matters dealt with at a
conference held on 21 April 2016. A number of issues raised were resolved. A revised
exposure draft was published on 27 April 2016 along with a summary of submission
document. The Report of 21 April 2016 called for further submissions in respect to a number
of specific matters. Submissions in reply were received from Ai Group, AFEI, and ABI.
Commissioner Roe held a further conference on 26 May 2016 during which a number of
further issues were resolved. In preparation for that conference a draft report was published on
https://www.fwc.gov.au/sites/awardsmodernfouryr/seagoing-subs-summary-revised.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-seagoing-revised.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/seagoing-subs-summary-further-revised.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/seagoing-subs-summary-further-revised.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/seagoing-subs-summary-further-revised.pdf
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/alleged-nes-inconsistencies
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-telecommunications.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Comparison-telecommunications.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-reporttothefb-220416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014248-exposure-draft-revised-270416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014248-exposure-draft-revised-270416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014248-subs-summary-270416.pdf
[2017] FWCFB 3433
63
12 May 2016 and a revised summary of submissions document on 19 May 2016. A further
report was published by Commissioner Roe on 26 May 2016. A revised exposure draft and
summary of submissions reflecting the progress made were published on 1 June 2016. In
proceedings before Justice Ross on 6 and 7 June 2016 there was a further opportunity for
parties to identify any outstanding issues. Commissioner Roe conducted a further conference
on 20 July 2016 to consider the issues identified at the conference before Justice Ross. A
further report was published by Commissioner Roe on 21 July 2016 and an updated exposure
draft was published on 16 August 2016.
[313] The outstanding issues in respect to this Award are items 7, 26 and 32 of the summary
of submissions. There are no substantive variation proposals which have not already been
referred to a specially constituted Full Bench. The proposal by the CPSU and the ASU to vary
the classification structure in this Award has now been withdrawn.
(i) Item 7 (Clause 6.4(b)(ii))
[314] The Ai Group submit that the expression “minimum hourly rate of pay” should be
utilised in Clause 6.4(b)(ii) rather than the expression “ordinary hourly rate of pay”.
[315] It is not contested that the all purpose allowances apply to casual employees. What is
in contest is whether, in calculating the wage, the casual loading is applied to the minimum
rate plus all purpose allowances. It was agreed that this matter should be determined by the
Full Bench on the basis of written submissions. CPSU requested the opportunity to respond
further to the Ai Group submission. Additional submissions were provided by the CPSU and
the Ai Group.
262
[316] This matter is identical to the matter we have earlier determined in respect to the
Business Equipment Award 2010. We see no reason to reach a different conclusion in respect
to this Award. The exposure draft will not be varied.
(ii) Item 26
[317] The Ai Group support the use of the term “shift loading” rather than “shift penalty” in
two places in this Award. The Ai Group addressed these matters further in their submission of
31 August 2016 relating to general issues in exposure drafts. This general issue is dealt with
in Section 3.8 of this decision.
(iii) Item 32
[318] This s a matter raised by the Ai Group concerning the Summary of Hourly Rates of
pay tables and the heading concerning “ordinary hourly rates”. The Ai Group addressed this
matter in their submission of 31 August 2016 relating to general issues in exposure drafts.
This general issue is dealt with in Section 3.6 of this decision.
[319] The Full Bench is satisfied that it is appropriate to make the changes agreed to by the
parties (as outlined in the reports to the Full Bench), and that there are no outstanding
technical or drafting issues in respect of this Award. A revised exposure draft reflecting this
decision and the agreed position of the parties’ will be published shortly and parties will be
provided with a final opportunity to comment.
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-report-260516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-report-260516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/Exposure-draft-telecommunications-revised-010616.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/telecomms-subs-summary-revised-010616.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-report-210716.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-telecommunications-revised.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-telecommunications-revised.pdf
[2017] FWCFB 3433
64
3. Other matters
[320] There were a number of matters discussed at the hearing on 6–7 June 2016 which have
application across multiple awards.
3.1 Title and commencement
[321] A number parties proposed that the words “as varied” should be removed from the
reference to the commencement of the award (generally found at clause 1 of the exposure
drafts).
[322] Following the December 2014 decision, which decided modern awards would be
varied rather than superseded, the July 2015 decision amended and reinserted the
commencement clause as:
‘X.2 This modern award, as varied, commenced operation on 1 January 2010.’
[323] The Ai Group submitted that the wording could be misinterpreted to read that the
award as varied commenced on 1 January 2010, which would back date variations to apply
from 1 January 2010. At the conference on 6 June 2016, Ai Group proposed rewording the
clause in the Horticulture Award 2010 as follows:
‘This modern award commenced operation on 1 January 2010. The terms of the award have
been varied since that date.’
263
[324] Ai Group noted that this had not been previously advanced and that the proposed
wording had not been fully considered, but noted that this was an issue of general relevance
across all modern awards.
264
[325] Deputy President Clancy reported to the Full Bench that the parties agree to remove
“as varied” from the Horticulture Award
265
, Wine Industry Award
266
and Silviculture Award
2010.
267
The variation appears to be agreed between the parties in relation to the Pastoral
Award.
268
Deputy President Asbury noted that the variation to Sugar Industry Award was not
pressed by the NFF.
269
[326] This issue has also been considered as part of the plain language drafting of the
Pharmacy Industry Award. In the Comparison Document to the revised exposure draft of the
plain language Pharmacy Industry Award the drafter noted:
‘The term “as varied,” has been omitted because this would seem to give amendments made
after 1 July 2010 retrospective effect.’
270
[327] Under s.165 of the Act it is clear that variations to a modern award do not have
retrospective effect, except in the circumstances provided in s.165(2). However, to avoid any
ambiguity as to the intent of the commencement provision we adopt the proposal, that is:
‘This modern award commenced operation on 1 January 2010. The terms of the award have
been varied since that date.’
[2017] FWCFB 3433
65
[328] The above wording will be inserted into all exposure drafts including those listed in
paragraph [325].
3.2 Definitions section
[329] The location of the definitions section was the subject of some debate. Currently most
exposure drafts in Group 3 contain definitions in a schedule to the award. There was
discussion as to whether this section should appear in the body of the award. The NFF
submits moving definitions to a schedule had the effect of making the award more
complex.
271
Business SA submits that the definition schedule makes the award easier to
understand and navigate.
272
Other parties are satisfied with the approach and believe no
change is necessary.
273
In the hearing on 6 June 2016, United Voice noted that the parties did
not have a particularly strong view about this matter.
274
[330] Following the conference before Deputy President Asbury, the Exposure Draft for
Sugar Industry Award was revised to place the definition section in the body of the award at
clause 2. The parties are in the process of considering the revised exposure draft.
[331] As part of the plain language review of modern awards, a new structure has been
proposed to include the definitions within the award.
275
The initial Plain Language Report
proposed inserting a definition clause into the body of the Pharmacy Industry Award as
follows:
‘2. Definitions
2.1 Schedule G—Definitions defines expressions used in this award.’
[332] The Shop, Distributive and Allied Employees Association (SDA), The Association of
Professional Engineers, Scientists and Managers, Australia (APESMA) and Health Services
Union of Australia (HSU) submit that rather than referring to the definition schedule, the
definitions should be inserted into the body of the modern award directly.
276
This proposal
was included in the revised plain language exposure draft based on the Pharmacy Industry
Award 2010 published on 22 July 2016.
277
The structure of the revised plain language draft
has been applied to Group 4 exposure drafts.
278
This will allow parties an opportunity to
comment on the propose structure as applied to variety of awards.
[333] The placement of the definitions is an issue being dealt with by the Plain language Full
Bench. As foreshadowed in a Statement issued 15 July 2016, any structural changes adopted
by the Group 4 exposure drafts will be applied to the Group 1–3 exposure drafts after all the
technical and drafting issues of the current exposure drafts have been resolved.
279
3.3 Duplication of definitions in coverage clause and definition section
[334] A number of parties have raised the duplication of industry or occupation definitions
in the coverage clause and the definition of the schedule. It has been put that having
definitions in two places may result in errors if one is updated and the other is not.
[335] There have been numerous approaches proposed by parties as to how this issue may be
addressed. In the following awards it was agreed by parties to keep the definition in both the
coverage clause and the definition schedule: Banking Industry Award
280
, Legal Services
[2017] FWCFB 3433
66
Award
281
, and Real Estate Award
282
. The following awards parties agreed to keep definitions
in the coverage clause and remove these definitions from the definition schedule: Education
Services (Post-Secondary Education) Award
283
; Horticulture Award
284
, Wine Industry
Award
285
, and Silviculture Award.
286
In the Nursery Award, the industry definition was kept in
the coverage clause and the definition schedule referred readers to this clause. The issue was
raised in the following awards and parties have not yet reached agreement: Higher Education
Industry–Academic Staff–Award
287
and Higher Education Industry–General Staff–Award.
288
[336] A different issue arose in the Sugar Industry Award. Following conferences before
Deputy President Asbury, the parties agreed that they did not wish to alter the definition in the
coverage clause.
289
[337] The parties have agreed to address the issue in a number of ways, however given the
extent of the interest in this issue, a consistent approach is desirable.
[338] The coverage clause exists in all awards and requires definition of the industries or
occupations the award covers to give the clause substantive meaning. Additionally, the
definition clause should provide a complete list of the relevant terms that require definitions
within the award. The issue is summed up by Commissioner Roe in his Report to the Full
Bench in relation to Real Estate Award:
‘In our view it's consistent with the approach we're taking in a number of awards to keep it [the
definition] in two places, even though it is duplication and we try to avoid it in most cases but
we think the definition of the industry is such an important thing for people to understand
when they're reading the award, we think it's appropriate to have it up front as well as in the
definitions.’
290
[339] To resolve the concern of duplication and satisfy the above objectives we propose to
follow the approach taken by parties in the Nursery Award. That is, the industry definition or
definitions are to be retained in full in the coverage clause. The definition schedule will
include a definition of the industry which refers readers to the coverage clause as per the
following example:
3. Coverage
3.1 This industry award covers employers throughout Australia in the nursery industry
and their employees in the classifications listed in Schedule A—Classification Definitions to
the exclusion of any other award.
3.2 Nursery industry means:
(a) the propagation, planting, growing, cultivation, maintenance, sale, distribution
or treating of plant material and associated nursery products in plant nurseries, flower,
turf and tree farms or other similar enterprises;
…
(d) the despatching and distribution of plant material and associated products in
connection with work under clauses 3.2(a) to (c).
Schedule H—Definitions
[2017] FWCFB 3433
67
nursery industry has the meaning given in clause 3.2
[340] Exposure drafts in all award stages will be updated to reflect this decision. Parties are
at liberty to make submissions through the award stage process.
3.4 Coverage
[341] Ai Group raised the following issue in relation to the Market and Social Research
Award 2010 (see paragraph [94]however the provisions are common to a number of awards
and any consideration will have application across all award groups.
[342] Ai Group submit that clauses 3.4 and 3.5 in the exposure draft incorrectly refer to the
‘industry set out in clauses 3.1 and 3.2’ because the definition of the industry is contained in
3.2 only. Clauses 3.4 and 3.5 refer to coverage of on-hire employees and group training
services respectively and are included in most exposure drafts in the following form:
3. Coverage
3.1 This industry award covers employers throughout Australia who are engaged in the
market and social research industry in respect of work by their employees in the
classifications listed in clause 9—Minimum wages to the exclusion of any other
modern award.
3.2 Market and social research industry means all market and social research including
every process, trade, business or occupation on or in relation to or in connection with
market and social research and all support work engaged in or in connection with
market or social research, for both public and private purposes.
…
3.4 This award covers any employer which supplies labour on an on-hire basis in the
industry set out in clauses 3.1 and 3.2 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.
3.5 This award covers employers which provide group training services for trainees
engaged in the industry and/or parts of industry set out at clauses 3.1 and 3.2 those
trainees engaged by a group training service hosted by a company to perform work at
a location where the activities described herein are being performed. This subclause
operates subject to the exclusions from coverage in this award.
[343] As stated in paragraph [339], exposure drafts will contain the full definition of an
industry in the coverage clause. Many exposure drafts have been drafted in a similar format
with clause 3.1 determining to whom the award applies, in this case ‘employers throughout
Australia who are engaged in the market and social research industry in respect of work by
their employees in the classifications listed in clause 9’, while clause 3.2 provides a detailed
definition of the industry referred to in clause 3.1. Most current awards refer to clause 3.1
only.
[2017] FWCFB 3433
68
[344] This issue will be referred to the Plain Language Full Bench (AM2016/15) for
determination.
3.5 References to the Fair Work Act
[345] A number of submissions have been made proposing that the reference to the Fair
Work Act 2009 be amended to ‘the Act’ in the coverage clause of the exposure drafts, given
that the Fair Work Act 2009 is a defined term.
[346] We note the Fair Work Act 2009 (Cth) is not spelt out in full in every exposure
draft.
291
Different approaches have been taken in conference between the parties: in Wine
Industry Award the parties agreed to amend the reference to ‘the Act’,
292
while in the
Horticulture Award, the claim was withdrawn in conference.
293
[347] The clause is worded slightly differently in awards, but in each case refers to
employees not covered by the award as consequence of the Fair Work Act 2009 (Cth) or the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).
[348] An example clause is the Miscellaneous Award clause 3.4:
‘This award does not cover:
(a) employees excluded from award coverage by the Fair Work Act 2009 (Cth)
(the Act);
(b) 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; or
(c) employees who are covered by a State reference public sector modern
award or a State reference public sector transitional award (within the
meaning of the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 (Cth)), or employers in relation to those
employees.’
[349] The plain language modern award pilot recommended referring to Fair Work Act 2009
(Cth) as the ‘Fair Work Act’. In the plain language draft of the Pharmacy Industry Award (22
July 2016) references to the Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009 were removed.
294
The most recent plain language exposure draft was
redrafted to reflect the recent Award Flexibility decision.
295
That decision considered whether
spelling out the legislation in full was necessary in the context of the time off instead of
overtime provisions
296
and the Full Bench determined it was not necessary. Following this
decision the plain language exposure draft replaced reference to ‘the Fair Work Act’ with ‘the
Act’.
[350] Given that every coverage clause refers to the Fair Work Act, whether the Act is spelt
out in full or abbreviated should be consistent across awards. The impact of either option on
the clause is not substantial. We have decided that when reference is made to the ‘Fair Work
[2017] FWCFB 3433
69
Act’ within the award it will be removed and replaced with ‘the Act’. The definitions
schedule will continue to define ‘the Act’ as ‘Fair Work Act 2009 (Cth)’.
3.6 Casual overtime rates tables
[351] A number of parties across multiple awards seek to include casual overtime rates in
the summary of hourly rates of pay schedule. At the mention on 6 June 2016, there was
discussion at a general level about whether casual overtime rates should be included in the
pay schedules. It was put that where there is a substantive entitlement for casuals to be paid
overtime rates these rates should be included. The parties present at the mention did not
oppose this position, provided there was an opportunity to review the content of the tables.
297
[352] There are some awards where the overtime rates of casuals are being considered by the
AM2014/197 Casual Employment Full Bench. Unless parties have already agreed to include a
casual overtime rate table,
298
the tables will only be put in awards, where applicable,
following the outcome of the AM2014/197 Casual Employment Full Bench. Parties will be
given an opportunity to review the tables.
3.7 Hourly rates of pay schedule – minimum hourly rate and percentage of ordinary
hourly rate
[353] Ai Group contend that the rates in the hourly rates of pay schedule to a number of
awards (generally Schedule B) contain rates which are calculated based on the minimum
hourly rate, however the table in which the rates are included indicates that those rates are a
“percentage of the ordinary hourly rate”.
[354] Based on the Ai Group submission in April 2016 it appears that in reading clause
B.1.2 in isolation from B.1.1, the meaning of B.1.2 has been distorted.
299
The issue relates to
wage rate tables in modern awards where all purpose allowance(s) only apply to some
employees.
300
In such cases the capsulated rates in the tables are based on minimum weekly
or hourly rates, as Ai Group correctly noted. A provision in the schedule (usually clause
B.1.2) states:
‘The rates in the tables below are based on the minimum hourly rates in accordance with
clause XX.’
[355] For awards with an all purpose allowance which applies to some employees, the rates
tables need to be read in context of the following clause (usually clause B.1.1):
Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance
payable for all purposes to which the employee is entitled. Where an allowance is payable for
all purposes in accordance with clause XX, this forms part of the employee’s ordinary hourly
rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.
[356] As determined in the July 2015 decision, any all purpose allowances which apply to an
employee must be applied to the minimum rate of pay before the calculation of penalty
rate.
301
This is how the employee’s ordinary hourly rate is calculated. As such, the tables
correctly state the penalty applying is a ‘% of ordinary hourly rate’.
[2017] FWCFB 3433
70
[357] To add clarity to the clauses, the parties at a conference for the Business Equipment
Award 2010 parties proposed to insert the following to clause B.1.2:
‘Consistent with Clause B.1.1, all purpose allowances need to be added to the rates in the table
where they are applicable’
302
[358] At a conference before Commissioner Roe on 20 July 2016 Ai Group noted the
amendment did alleviate some of the concerns raised, however if a reader looks at the table in
isolation the issue remains.
303
The reader, Ai Group contended, will assume the table contains
the ‘ordinary hourly rate’, which may mislead and confuse.
[359] Ai Group submitted that to address its concern requires ‘substantial changes to the
approach which the Commission has taken in preparing exposure drafts’.
304
A preferred
method to resolve the issue was not outlined.
[360] We accept the proposition that to include every pay rate, particularly for awards where
all purpose allowances only apply to some employees, is not practical and would amount to a
substantive change in approach. However, to improve the understanding of the rates table we
propose that for modern awards that contain an all purpose allowance which applies to only
some employees clause X.1.2 will be amended in accordance with the approach suggested in
respect of the Business Equipment Award 2010 (see [357] above). Additionally a footnote will
be marked next to ‘% of ordinary hourly rate’ in the heading row of the rates table, which
states:
‘Rates in table are calculated based on the minimum hourly rate, see clauses X.1.1 and X.1.2.’
[361] Where an award contains an all purpose allowance that applies to all employees and
that allowance has been incorporated in the rates in the hourly rates tables, this will be
identified by a note along the following lines:
x
Ordinary hourly rate includes the industry allowance payable to all employees for all
purposes.
[362] A list of awards containing all purpose allowances is at Attachment B. Parties are to
provide any objections to this proposal and/or comments on the list of applicable awards and
allowances by 4.00 pm on Friday 28 July 2017.
3.8 Reference to “allowances”, “rates”, or “loadings” as opposed to “shift penalties”
[363] Ai Group makes two main submissions in relation to what it has characterised as
‘premiums payable in awards’:
That the characterisation of premiums payable under an award has been altered in
the corresponding provision in the exposure drafts; and,
The manner in which premiums have been expressed are incorrectly
characterised.
305
[2017] FWCFB 3433
71
[364] Ai Group contends that in some exposure drafts the current modern award terminology
in regards to “shift loadings”, “allowances”, or “rates” has been changed to “shift penalties”.
Ai Group seeks to revert to the terms of current award in each affected exposure draft.
306
[365] Ai Group cite the Group 1 Decision in relation to the Timber Industry Award 2010
where the Full Bench found, shift loadings:
‘…are not referred to as penalty rates in the award currently, and are better characterised as
shift allowances. This should be corrected’
307
[366] The Ai Group claim is that the use of the term ‘shift penalties’ in the following
exposure drafts changes the current award provisions and they seek to restore current
wording:
Banking, Finance and Insurance Award clause 7.7(d) and B.2.1 of exposure draft,
term ‘shift penalties’ be substituted for ‘shift loadings’;
308
Legal Services Award clause 13.3(a) of exposure draft ‘shift penalties’ be
substituted for ‘shift rates’;
309
Legal Services Award clause 7.7(d) exposure draft ‘shift penalties’ be substituted
for ‘shift allowances’; and,
310
Business Equipment Award clause 14 of exposure draft, ‘penalty rates’ be
substituted for ‘allowances’.
311
[367] Ai Group’s submissions highlight that the payment to compensate employees for
working shiftwork, has been interchangeably called penalties, loadings, allowances, or rates in
industrial awards. As part of the modern review process the Commission has sought to make
the term consistent. As such the term ‘shift penalties’ has been applied to exposure drafts.
[368] The use of ‘penalty’ reflects the understanding that such payments are compensating
for working outside sociable hours. In an Inquiry into Penalty Payments by the Queensland
Industrial Relations Commission (QIRC) in 1981 the use of the term ‘penalty’ was examined:
‘The Inquiry has been told that the term “penalty payments” is “no more than a common
industrial colloquialism—coined decades ago”. Information before the Inquiry suggests that
penalty payments have two basic factors—compensation to employees for disability or
inconvenience arising from the time of day or day of the week on which they are required to
work—and a deterrent to employers who require employees to work at times or on days
regarded as being outside the prescribed times of ordinary working hours or beyond what are
regarded as ordinary working days.’
312
[369] Ai Group contend that a change of terminology may have implications for calculation
of entitlements governed by State and Territory legislation, such as workers’ compensation
and long service leave.
313
They cite the examples of Workers Compensation Act 1987 (NSW)
which defines employee’s ‘pre-injury average weekly earnings to include ‘any overtime and
shift allowances’.
314
[2017] FWCFB 3433
72
[370] We consider the clause in this instance is suitably broad (‘any…shift allowance’) to
cover payment for shiftwork whatever terminology used. At this stage we are not convinced
that there is any detrimental impact in standardising the terminology around payment to
compensate shiftwork.
[371] Conversely, if shift penalties were defined as allowances or rates, there may be some
confusion as to whether payments made for all purposes would be included in the calculation
for the payment of shiftwork. The July 2015 Decision inserted the following definition of ‘all
purpose’ in all exposure drafts, contemplating the impact on shift penalties:
315
‘all purposes means the payment will be included in the rate of pay of an employee who is
entitled to the allowance, when calculating any penalties or loadings or payment while they are
on leave’
316
[372] If the term were now changed to shift allowances or shift rates, this may reopen
matters which have been considered, and determined, by that Full Bench.
[373] Changes that were subsequently made to the Timber Industry Award 2010 and referred
to in the Ai Group submission, did not reopen the July 2015 decision, as the relevant clauses
in the Timber Industry Award clearly provide that shift payments are to be made on the
employee’s ‘ordinary hourly rate’, which has been included in the definitions schedule to
contain all purpose allowances.
[374] However we also note Ai Group’s revised position on the Timber Industry Award in
its most recent submission which proposed the characterisation of the shift payments as rates
rather than allowances:
‘Clause 23.3 [of the Timber Industry Award] is headed “Allowances for shiftworkers”, but the
clause contains rates, not allowances. Clause 23.3(b)(v) refers to “shift premiums”. Clause
25.5(b)(ii) refers to “shift allowances”.’
[375] Throughout the exposure draft process the Commission has endeavoured to
standardise terminology used in modern awards. The term ‘shift penalty’ is consistent with
s.139 of the Fair Work Act 2009 (Cth) which list terms that may be included in modern
awards. Section 139(1)(e) provides that an awards may include a term about:
(e) penalty rates, including for any of the following:
(i) employees working unsocial, irregular or unpredictable hours;
(ii) employees working on weekends or public holidays;
(iii) shift workers;
[376] In most exposure drafts overtime and shift penalties have been expressed as, for
example, 150 per cent of the minimum hourly rate (or ordinary hourly rate where an award
contains an all purpose allowance
317
). In provisions where the reference rate may not be the
minimum hourly rate , such as when a travelling time loading is applied to a Sunday penalty
rate, the penalty may be expressed as an additional amount for example ‘an additional 15 per
cent of the applicable rate’.
[2017] FWCFB 3433
73
[377] We are satisfied that a consistent approach on shift penalties is appropriate. While Ai
Group proffers a return to existing terminology, an examination of the current award
provisions shows there is no consistency between or even within modern awards. The Ai
Group submissions on inconsistencies within the exposure drafts of the awards are noted and
we will provide provisional views as to how these may be resolved.
[378] In addition to the claim, Ai Group put in a further submission, seeking that the
Commission to address the impact of inconsistent use penalties and rates in relation to shift
payments on annual leave loading provisions.
318
It appears that these submissions are new and
that other parties may like an opportunity to reply prior to the Full Bench forming its views on
the issues.
[379] Parties will be provided with an opportunity to respond to Ai Group’s contention that
the interaction between the annual leave payment clauses and shiftwork payment clauses
creates issues, as identified in paragraph 10 of their 31 August 2016 submission.
319
3.9 Occupational health and safety references
[380] Uniform work health and safety laws have been adopted in all states, except Victoria
and Western Australia. At the mention held 6–7 June 2016 it was proposed that the term
‘occupational health and safety’ used in the exposure drafts should be amended to ‘work
health and safety’.
320
The Commission’s view is that the terms can be used interchangeably;
however given the model work health and safety laws have been adopted in nearly all states
there is merit in updating the exposure drafts of the modern awards to reflect current
terminology.
[381] The term occupational health and safety is used in the standard dispute resolution
provision contained in all awards. This provision is being reviewed as part of the plain
language modern award project.
321
Consideration will be given in that process to substituting
reference ‘occupational health and safety legislation’ with ‘work health and safety
legislation’.
[382] Additionally the Commission has undertaken an audit of where ‘occupational health
and safety’ appears elsewhere in awards and proposed variations are listed in Attachment C.
Parties are to consider the attachment to ensure all relevant clauses have been considered and
to comment on any proposed variation. Any comments must be sent to amod@fwc.gov.au by
4.00pm on Friday 28 July 2017.
4. Next steps
[383] In relation to the term ‘occupational health and safety’ parties are directed to consider
Attachment C of this decision and provide comments by no later than 4.00 pm on Friday 28
July 2017 (see paragraph [381] above).
[384] In relation to the Higher Education Industry–Academic Staff–Award 2010 and the
Higher Education Industry–General Staff–Award 2010, the NTEU is directed to respond to
the Group of 8 submission that the public holiday substitution issue should be dealt with by
this Full Bench. The NTEU is directed to respond by no later than 4.00 pm on Friday 28 July
2017 (see paragraphs [53]-[64]).
mailto:amod@fwc.gov.au
[2017] FWCFB 3433 [385] Following determination of the coverage matters by the AM2016/5 Full Bench, a revised exposure draft for the Marine Towage Award 2010 will be published and parties will be provided with an opportunity to comment. (see paragraphs [83]-[89]). [386] Revised exposure drafts will be published shortly for the following awards and parties will be provided with a final opportunity to comment: · Banking, Finance and Insurance Award 2010 (see paragraphs [12]-[16]) · Business Equipment Industry Award 2010 (see paragraphs [17]-[39]) · Coal Export Terminals Award 2010 (see paragraphs [43]-[44]) · Contract Call Centres Award 2010 (see paragraphs [45] - [50]) · Electrical Power Industry Award 2010 (see paragraphs [51]-[52]) · Labour Market Assistance Industry Award 2010 (see paragraphs [65]-[77]) · Market and Social Research Award 2010 (see paragraphs [90]-[103]) · Miscellaneous Award 2010 (see paragraphs [104]-[105]) · Port Authorities Award 2010 (see paragraphs [289]-[301]) · Telecommunications Services Award 2010 (see paragraphs [312] - [319]) [387] Comments in relation to the revised exposure drafts must be sent to amod@fwc.gov.au by 4.00pm on Friday 28 July 2017. [388] In relation to the Pastoral Industry Award 2010, a further conference will be convened on Monday 24 July 2017. The purpose of this conference will be to address the issues outlined at paragraph [146] of this decision, in particular the intended operation of clauses 17.2(c)(ii) and 36.10. [389] Interested parties in the Pastoral Industry Award 2010 are directed to undertake the following: · file submissions regarding the payment of first aid allowance by no later than 4.00 pm on Friday 28 July 2017 (see paragraph [[113]); · file the joint paper outlined at paragraph [210] by Friday 28 July 2017; and · the AWU are to confirm their position regarding items 101 and 103 by no later than 4.00 pm on Friday 28 July 2017 (see paragraph [277]). R WORK COMMIS PRECISE THE SEAL OF TH PrinterbbSEamority of the Commonwealth Government Printer Price code J, PR594111 74
[2017] FWCFB 3433
75
1 See also [2015] FWC 7253; [2015] FWC 618; [2014] FWC 8985; [2014] FWC 8575
2 [2014] FWCFB 9412
3 [2015] FWCFB 4658
4 [2015] FWCFB 6656
5 [2015] FWCFB 3023
6 [2015] FWCFB 4466; [2015] FWCFB 6847; [2016] FWCFB 2602; [2016] FWCFB 4258; [2016] FWCFB 4579; and [2016]
FWCFB 6178
7 [2015] FWCFB 3406; [2015] FWCFB 5771; [2016] FWCFB 3177; [2016] FWCFB 3953; and [2016] FWCFB 6836
8 [2015] FWCFB 2575 and [2015] FWCFB 3523
9 Full Bench report, 22 April 2016
10 Transcript, 20 July 2016
11 [2015] FWCFB 6656 at [85]
12 [2015] FWCFB 6656 at [102]
13 [2015] FWCFB 6656 at [106] and [109]
14 [2015] FWCFB 6656 at [110]
15 Ai Group, submission – exposure drafts, 14 April 2016 at para 128
16 Ai Group, submission – exposure drafts, 14 April 2016 at para 129.
17 News Corp, Bauer Media Limited, Pacific Magazines Limited, Seven Network Operations Limited and its related entities,
Network Ten Pty Ltd and its related entities and the Nine Network and its related entities
18 [2016] FWCFB 1294
19 NTEU Correspondence , 8 June 2016
20 Go8 Correspondence, 10 June 2016
21 [2015] FWC 7253
22 Transcript, 7 June 2016 at PN148
23 NTEU Correspondence, 8 June 2016
24 Go8 Correspondence, 10 June 2016
25 [2015] FWC 7253
26 Transcript, 7 June 2016 at PN148
27 See Statement [2016] FWC 1838 attaching Amended Directions
28 AFEI, submission - exposure drafts, 15 April 2016; submission in reply - exposure drafts , 6 May 2016
29 ABI, submission - exposure drafts, 15 April 2016; submission in reply - exposure drafts, 6 May 2016
30 ASU submission, 2 March 2015
31 Jobs Australia, submission, 2 March 2015; submission – exposure draft, 14 April 2016
32 Transcript, 6 June 2016
33 Jobs Australia; AFEI; ABI; ASU; and CPSU appeared before the Commission
34 Transcript, 30 June 2016 at PN1602–1608
35 ASU correspondence, 10 June 2016
36 Transcript, 30 June 2016
37 ASU, AFEI; ABI and Jobs Australia
38 FWC correspondence to AFEI, 21 October 2016
39 ASU Correspondence, 25 July 2016
40 Jobs Australia submission – classifications, 29 June 2016
41 Transcript, 7 June 2016 at PN40
42 See Statement [2016] FWC 1838 attaching Amended Directions
43 MUA submission – exposure draft, 14 April 2016
https://www.fwc.gov.au/decisionssigned/html/2015FWC7253.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWC618.htm
https://www.fwc.gov.au/decisionssigned/html/2014FWC8985.htm
https://www.fwc.gov.au/decisionssigned/html/2014FWC8575.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2014FWCFB9412.htm#P122_2360
https://www.fwc.gov.au/documents/decisionssigned/html/2015FWCFB4658.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb6656.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb3023.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB4466.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB6847.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb2602.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb4258.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb4579.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb6178.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb6178.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB3406.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB5771.htm
https://www.fwc.gov.au/decisionssigned/html/2016FWCFB3177.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb3953.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb6836.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB2575.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB3523.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-reporttothefb-220416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/200716_am2014217.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb6656.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb6656.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb6656.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb6656.htm
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-sub-aig-140416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-sub-aig-140416.pdf
https://www.fwc.gov.au/decisionssigned/html/2016FWCFB1294.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014224andors-corr-nteu-080616.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014229-230-sub-g8u-100616.pdf
https://www.fwc.gov.au/documents/documents/awardmod/decs/2015fwc7253.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160607-am2014224andors.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014224andors-corr-nteu-080616.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014229-230-sub-g8u-100616.pdf
https://www.fwc.gov.au/documents/documents/awardmod/decs/2015fwc7253.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160607-am2014224andors.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014221andors-sub-afei-150416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-reply-sub-afei-060516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-sub-abi-150416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-reply-sub-abi-060516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014219andors-sub-asu-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014232andor-sub-JA-020315.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014232-sub-JA-140416.pdf
https://www.fwc.gov.au/documents/Transcripts/20160606_AM2014217.htm
https://www.fwc.gov.au/sites/awardsmodernfouryr/20160630-am2014232-am2014236.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014232-sub-asu-100616.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/20160630-am2014232-am2014236.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014232-corr-fwc-211016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014232-joint-sub-asu-250716.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014232-sub-ja-290616.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160607-am2014224andors.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014235-sub-MUA-14042016.pdf
[2017] FWCFB 3433
76
44 MIAL submission – exposure draft, 14 April 2016
45 See Statement [2016] FWC 1838 and Directions, 26 April 2016
46 Transcript, 6 June 2016
47 Transcript, 4 August 2016
48 Transcript, 4 August 2016, also see Statement [2016] FWC 7768
49 See Statement [2016] FWC 1838 attaching Amended Directions
50 Transcript, 6 June 2016
51 Transcript, 30 June 2016
52 Transcript, 30 June 2016 at PN117-182
53 Report to the Full Bench, 6 July 2016
54 Ai Group amended submission, 4 July 2016
55 See Market Research Industry - Consolidated Award 2003 [AP827717] at clause 25
56 See Market Research Industry - Consolidated Award 2003 [AP827717] at clause 18
57 See Statement [2016] FWC 1838 attaching Amended Directions
58 ABI submission, 15 April 2016
59 AFEI submission, 15 April 2016
60 Ai Group submission, 14 April 2016; and reply submission, 8 May 2016
61 Transcript, 6 June 2016
62 Transcript, 6 June 2016 at PN 1660–1670
63 Refer to decisions [2016] FWCFB 4393, 8 July 2016 and [2015] FWCFB 8810, 24 December 2015; and Statement [2016]
FWCFB 7570
64 Exposure Draft, 15 January 2016
65 Comparison Document, 15 January 2016
66 [2016] FWC 1838, at Attachment B
67 ABI, submission - exposure drafts, 15 April 2016; and ABI, submission in reply - exposure drafts, 6 May 2016
68 AFEI, submission - exposure drafts, 15 April 2016
69 AWU, submission - exposure draft, 17 April 2016; and reply submission, 5 May 2016
70 Business SA submission - exposure drafts, 15 April 2016; and Business SA submission in reply - exposure drafts, 6 May
2016; and Business SA, correspondence – conference matters, 8 July 2016
71 NFF, submission - exposure draft, 14 April 2016; NFF, submission in reply - exposure draft, 5 May 2016; NFF
correspondence - exposure draft, 30 May 2016; supplementary submission - exposure draft, 16 June 2016; and NFF,
submission, 8 July 2016
72 Transcript, 6 June 2016
73 Summary of Submissions, 4 July 2016
74 Transcript, 4 July 2016
75 [2016] FWC 5837
76 Transcript, 24 August 2016
77 [2016] FWC 6060
78 [2016] FWC 6060
79 Transcript, 4 July 2016
80 The modern awards in this group (as identified by the parties) include: Aquaculture Award 2010 [MA000114];
Horticulture Award 2010 [MA000028]; Pastoral Industry Award 2010 [MA000035]; Seafood Processing Award 2010
[MA000068]; Silviculture Award 2010 [MA000040]; Sugar Award 2010 [MA000087]; and Wine Industry Award 2010
[MA000090]
81 Comparison document, ‘wine industry’ definition, 7 October 2016
82 Potential inconsistencies between the General Employment Conditions and streams, 7 October 2016
83 Summary of parties' positions - items 30 and 62 of revised summary of submissions, 7 October 2016
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014235-sub-mia-140416.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am20165-dir-260416.pdf
https://www.fwc.gov.au/documents/documents/transcripts/20160606_am2014220.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/040816-am2014223andors.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/040816-am2014223andors.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc7768.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
https://www.fwc.gov.au/documents/Transcripts/20160606_AM2014217.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160630-am2014232-am2014236.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160630-am2014232-am2014236.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014236-report-060716.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014236-sub-aig-040716.pdf
https://www.fwc.gov.au/documents/consolidated_awards/ap/ap827717/asframe.html
https://www.fwc.gov.au/documents/consolidated_awards/ap/ap827717/asframe.html
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-abi-150416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014221andors-sub-afei-150416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-aig-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-reply-sub-aig-080516.pdf
https://www.fwc.gov.au/documents/documents/transcripts/20160606_am2014217.htm
https://www.fwc.gov.au/documents/documents/transcripts/20160606_am2014217.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb4393.htm
https://www.fwc.gov.au/decisionssigned/html/2015FWCFB8810.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2016fwcfb7570.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2016fwcfb7570.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/exposure-draft-pastoral.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/comparison-pastoral.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-abi-150416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-reply-sub-abi-060516.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014221andors-sub-afei-150416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-awu-170416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-reply-sub-awu-050516.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-bussa-150416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-reply-sub-busa-060516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-corr-bussa-080716.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-reply-sub-nff-050516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014247andors-corr-nff-300516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-sub-nff-160616.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-corr-nff-080716.pdf
https://www.fwc.gov.au/documents/Transcripts/20160606_AM2014217.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-summary-040716.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/20160704_AM2014239.htm
http://www.fwc.gov.au/documents/decisionssigned/html/2016fwc5837.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/240816-am2014239.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2016fwc6060.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2016fwc6060.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/20160704_AM2014239.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000114/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000028/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000035/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000068/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000040/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000087/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000090/default.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-fwc-comparison-071016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-fwc-inconsistencies-071016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-fwc-summary-071016.pdf
[2017] FWCFB 3433
77
84 Comparison document - annual leave loading provision, 7 October 2016
85 [2016] FWC 6060
86 ABI, submission – revised exposure draft and summary of submissions, 27 September 2016
87 NFF, submission – revised exposure draft and summary of submissions, 28 September 2016
88 ABI, submission – revised exposure draft and summary of submissions, 27 September 2016
89 NFF, submission – revised exposure draft and summary of submissions, 28 September 2016 at para 5
90 NFF, submission – revised exposure draft and summary of submissions, 28 September 2016 at para 5 and Attachment A;
and NFF, supplementary submission - exposure draft, 16 June 2016, at Attachment A
91 NFF, submission – revised exposure draft and summary of submissions, 28 September 2016 see table at para 6
92 NFF, submission – revised exposure draft and summary of submissions, 28 September 2016 at para 7
93 Directions, 5 October 2016
94 See Transcript, 4 July 2016 at paras 127–163; NFF, submission – revised exposure draft and summary of submissions,
28 September 2016, line one of table at para 9; and NFF, submission - outstanding claims, 26 October 2016, at paras 75–
76
95 See Transcript, 4 July 2016, at PN184–237
96 NFF, submission - outstanding claims, 26 October 2016, at para 36
97 NFF, submission - outstanding claims, 26 October 2016, at para 30
98 NFF, submission - outstanding claims, 26 October 2016, at paras 35 and 53
99 See Transcript, 4 July 2016, at PN 184-237
100 NFF, submission - exposure draft, 14 April 2016, at para 68
101 SCAA, submission in reply, 20 October 2016
102 Potential inconsistencies between the General Employment Conditions and streams, 6 October 2016
103 AWU, submission in reply - exposure draft, 23 November 2016, at paras 66–79
104 AWU, submission in reply - exposure draft, 23 November 2016, at paras 66–68
105 AWU, submission in reply - exposure draft, 23 November 2016, at para 69
106 AWU, submission in reply - exposure draft, 23 November 2016, at para 70
107 AWU, submission in reply - exposure draft, 23 November 2016, at paras 71–72
108 AWU, submission in reply - exposure draft, 23 November 2016, at para 73–74
109 AWU, submission in reply - exposure draft, 23 November 2016, at paras 75–79
110 NFF, submission - outstanding claims, 26 October 2016, at para 25
111 NFF, submission - outstanding claims, 26 October 2016, paras 27–28
112 NFF, submission - outstanding claims, 26 October 2016, at para 29
113 AWU, submission in reply - exposure draft, 23 November 2016, at paras 13 and 15
114 AWU, submission in reply - exposure draft, 23 November 2016, at para 14
115 AWU, submission in reply - exposure draft, 23 November 2016, at para 16
116 AWU, submission in reply - exposure draft, 23 November 2016, at para 17
117 AWU, submission in reply - exposure draft, 23 November 2016, at para 18
118 NFF, submission - exposure draft, 14 April 2016, at para 35; and NFF, submission - outstanding claims, 26 October 2016,
at para 31
119 AWU, submission - exposure draft,17 April 2016, at para 13
120 Business SA, submission in reply - exposure draft, 6 May 2016, at para 11.11
121 NFF, submission in reply - exposure draft, 5 May 2016, at para. 17
122 NFF, submission - exposure draft, 14 April 2016, at para 47; NFF, submission - outstanding claims, 26 October 2016, at
para 32
123 NFF, submission - exposure draft, 14 April 2016, at para 48
124 NFF, submission - exposure draft, 14 April 2016, at para 49
125 NFF, submission - exposure draft, 14 April 2016, at para 49
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-summary-annualleaveloading-141016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2016fwc6060.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-23-sub-abiandnswbc-270916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-23-sub-abiandnswbc-270916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-160616.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-dirs-051016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/20160704_AM2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/20160704_AM2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/20160704_AM2014239.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-scaa-211016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-fwc-inconsistencies-071016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-reply-sub-busa-060516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-reply-sub-nff-050516.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
[2017] FWCFB 3433
78
126 See clause 32.7(a) of the revised exposure draft and clauses 36.5 and 36.10 of the Pastoral Industry Award 2010
[MA000035]
127 NFF, submission - outstanding claims, 26 October 2016, at para 34
128 AWU, submission - exposure draft,17 April 2016, at para 14
129 AWU, submission in reply - exposure draft, 5 May 2016, at para 25
130 See clause 26.1 of Pastoral award Exposure draft; clause 30.1 of Pastoral Industry Award 2010 [MA000035]
131 AWU, submission in reply - exposure draft, 5 May 2016, at para 26
132 Business SA, submission - exposure drafts, 15 April 2016, at para 11.2.5
133 Business SA, submission - exposure drafts, 15 April 2016, at para 11.2.5
134 Business SA, submission - exposure drafts, 15 April 2016, at para 11.2.5
135 NFF, submission - outstanding claims, 26 October 2016, at para 34
136 Business SA, submission in reply - exposure draft, 6 May 2016, at para 11.13
137 AWU, submission - exposure draft,17 April 2016, at para 16
138 Transcript,4 July 2016, at paras 302–306
139 Transcript,4 July 2016, at para 301
140 Transcript,4 July 2016, at PN312
141 Transcript,4 July 2016, at PN324
142 AWU, submission in reply - exposure draft, 23 November 2016, at para 20; AWU, submission - exposure draft, 17 April
2016, at para 23; AWU, submission in reply - exposure draft, 23 November 2016, at paras 33; Business SA, submission -
exposure drafts, 15 April 2016, at 11.2.9; NFF, submission - exposure draft, 14 April 2016, at paras 61–63; and NFF,
submission - outstanding claims, 26 October 2016, at paras 37–39
143 ABI, submission - exposure drafts, 15 April 2016, at para 19.7
144 NFF, submission - outstanding claims, 26 October 2016, at para 40; and NFF, submission - exposure draft, 14 April 2016,
at paras 66–67
145 NFF, submission - outstanding claims, 26 October 2016, at para 40
146 NFF, submission - outstanding claims, 26 October 2016, at para 42
147 NFF, submission - exposure draft, 14 April 2016, at para 69
148 NFF, submission - exposure draft, 14 April 2016, at para 70
149 AWU, submission in reply - exposure draft, 23 November 2016, at para 10
150 AWU, submission in reply - exposure draft, 23 November 2016, at para 11
151 AWU, submission in reply - exposure draft, 23 November 2016, at para 11, (submission referring to clause 6.4(d) of
exposure draft)
152 AWU, submission in reply - exposure draft, 23 November 2016, at para 11, (submission referring to clause 26.1 of
exposure draft)
153 AWU, submission in reply - exposure draft, 23 November 2016, at para 12
154 Transcript, 4 July 2016, at PN 424-426
155 FWO, correspondence, 2 March 2015, at item 29
156 FWO, correspondence, 2 March 2015, at item 29
157 Transcript, 4 July 2016, at PN 498
158 AWU, submission - exposure draft, 17 April 2016, at para 31
159 Transcript, 4 July 2016, at PN 497 and see more generally discussion at PN 488–498
160 Transcript, 4 July 2016, at PN 489
161 NFF, submission - exposure draft, 14 April 2016, at para 74; and Transcript, 4 July 2016, at PN 482
162 AWU, submission in reply - exposure draft, 23 November 2016, at para 24
163 AWU, submission - exposure draft, 17 April 2016, at para 28
164 AWU, submission in reply - exposure draft, 23 November 2016, at para 26
165 AWU, submission - exposure draft, 17 April 2016, at para 29
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000035/default.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-reply-sub-awu-050516.pdf
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000035/default.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-reply-sub-awu-050516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-bussa-150416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-bussa-150416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-bussa-150416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-reply-sub-busa-060516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-bussa-150416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-bussa-150416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-abi-150416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-corr-fwo-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-corr-fwo-020315.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
[2017] FWCFB 3433
79
166 NFF, submission - outstanding claims, 26 October 2016, at para 44; and AWU, submission in reply - exposure draft,
23 November 2016, at para 23
167 NFF, submission - outstanding claims, 26 October 2016, at para 44
168 NFF, submission - outstanding claims, 26 October 2016, at para 45
169 AWU, submission - exposure draft, 17 April 2016, at para 31; and AWU, submission in reply - exposure draft, 23
November 2016, at para 27
170 AWU, submission - exposure draft, 17 April 2016, at para 31
171 AWU, submission - exposure draft, 17 April 2016, at para 30
172 AWU, submission - exposure draft, 17 April 2016, at para 30
173 AWU, submission - exposure draft, 17 April 2016, at para 31
174 ABI, submission in reply - exposure drafts, 6 May 2016, at para 19.5
175 AWU, submission - exposure draft, 17 April 2016, at paras 50 and 52
176 NFF, submission in reply - exposure draft, 5 May 2016, at para 42
177 AWU, submission in reply - exposure draft, 23 November 2016, at para 29; and NFF, submission - exposure draft,
14 April 2016, at paras 80–81
178 NFF, submission - exposure draft, 14 April 2016, at para 81; and NFF, submission - outstanding claims, 26 October 2016,
at para 46
179 AWU, submission in reply - exposure draft, 23 November 2016, at para 28
180 NFF, submission - outstanding claims, 26 October 2016, at para 49; and NFF, submission - exposure draft, 14 April 2016,
at para 81 on pp. 14–15
181 NFF, submission - outstanding claims, 26 October 2016, at para 49
182 NFF, submission - exposure draft, 14 April 2016, at para 81 on pp 14–15; and NFF, submission - outstanding claims,
26 October 2016, at para 46 on p.7
183 AWU, submission in reply - exposure draft, 23 November 2016, at paras 29-30
184 AWU, submission in reply - exposure draft, 23 November 2016, at paras 30–31
185 NFF, submission - outstanding claims, 26 October 2016, at para 48
186 NFF, submission - exposure draft, 14 April 2016, at para 81; and NFF, submission - outstanding claims, 26 October 2016,
at para 47
187 AWU, submission - exposure draft, 17 April 2016, at para 33
188 Business SA, submission in reply - exposure drafts, 6 May 2016, at 11.23
189 AWU, submission in reply - exposure draft, 23 November 2016, at paras 30–34
190 AWU, submission - exposure draft, 17 April 2016, at para 36
191 AWU, submission - exposure draft, 17 April 2016, at para 37
192 NFF, submission in reply - exposure draft, 5 May 2016, at para 33
193 ABI, submission in reply - exposure draft, 6 May 2016, at 19.7
194 Business SA, submission – exposure drafts, 15 April 2016, at para 11.2.11; and NFF, submission - exposure draft,
14 April 2016, at para 82
195 Business SA, submission – exposure drafts, 15 April 2016, at 11.2.11; see Pig Breeding and Raising (AWU) Award at
cl.15.3.8 and cl.14.1
196 AWU, submission in reply - exposure draft, 5 May 2016, at paras 42 and 89
197 NFF, submission - exposure draft, 14 April 2016, at para 98
198 NFF, submission -revised exposure draft and summary of submission, 28 September 2016, at para 8
199 SCAA, submission in reply, 20 October 2016, summary table at para 22
200 AWU, submission in reply - exposure draft, 23 November 2016, at para 38
201 NFF, submission -revised exposure draft and summary of submission, 28 September 2016, at para 8, and SCAA,
submission in reply, 20 October 2016, summary table at para 22
202 NFF, submission - revised exposure draft and summary of submission, 28 September 2016, at para 8, and NFF,
submission - outstanding claims, 26 October 2016, at paras 54–61
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-reply-sub-abi-060516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-reply-sub-nff-050516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-reply-sub-busa-060516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
http://intelliconnect.wkasiapacific.com/scion/secure/ctx_7239156/index.jsp?cpid=WKAP-TAL-IC#page[9]
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-reply-sub-abi-060516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-sub-bussa-150416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-sub-bussa-150416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-reply-sub-awu-050516.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-scaa-211016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-amwu-231116.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-scaa-211016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
[2017] FWCFB 3433
80
203 NFF, submission - revised exposure draft and summary of submission, 28 September 2016, at para 8
204 NFF, submission - exposure draft, 14 April 2016, at para 99
205 NFF, submission - outstanding claims, 26 October 2016, at para 62
206 NFF, submission - outstanding claims, 26 October 2016, at para 62; and NFF, submission - revised exposure draft and
summary of submission, 28 September 2016, at para 8
207 AWU, submission in reply, 23 November 2016, at para 39; and AWU, submission in reply - exposure draft, 5 May 2016,
at para 52
208 AWU, submission in reply, 23 November 2016, at paras 39–46
209 NFF, submission - revised exposure draft and summary of submission, 28 September 2016, at para 8
210 NFF, submission - revised exposure draft and summary of submission, 28 September 2016, at para 8
211 SCAA, submission in reply, 20 October 2016, summary table at para 22
212 NFF, submission - outstanding claims, 26 October 2016, at paras 66–68
213 AWU, submission in reply - exposure draft, 5 May 2016, at para 61
214 AWU, submission in reply, 23 November 2016, at para 47
215 AWU, submission - exposure draft, 17 April 2016, at para 48
216 AWU, submission - exposure draft, 17 April 2016, at para 48
217 AWU, submission - exposure draft, 17 April 2016, at para 49
218 AWU, submission - exposure draft, 17 April 2016, at para 51
219 Transcript, 4 July 106 at PN 52–53
220 NFF, submission - exposure draft, 14 April 2016, at paras 118–119
221 NFF, submission - exposure draft, 14 April 2016, at paras 118–119
222 NFF, submission - exposure draft, 14 April 2016, at para 120
223 NFF, submission - exposure draft, 14 April 2016, at para 120
224 NFF, submission - exposure draft, 14 April 2016, at paras 120–122
225 NFF, submission - outstanding claims, 26 October 2016, at paras 71–73
226 AWU, submission in reply - exposure draft, 5 May 2016 at para 68
227 AWU, submission in reply - exposure draft, 5 May 2016 at para 68
228 NFF, submission - exposure draft, 14 April 2016, at paras 124–125
229 See AWU, submission in reply - exposure draft, 5 May 2016 at para 68; and Business SA, submission in reply - exposure
drafts, 6 May 2016, at para 11.37
230 NFF, submission - outstanding claims, 26 October 2016, at para 74
231 Transcript, 4 July 2016, at PN 610–614
232 NFF, submission, 8 July 2016, at p. 3
233 See Statement [2016] FWC 1838 attaching Amended Directions
234 MUA submission, 14 April 2016
235 Ports Australia reply submission, 18 May 2016
236 Transcript, 6 June 2016
237 Transcript, 4 August 2016
238 Port Services Award 1998 [AP792489]
239 Port Authorities Award – State 2003 [AN140213]
240 Maritime Union of Australia Submission – 14 April 2016
241 Maritime Union of Australia and The Australian Institute of Marine and Power Engineers – Parties’ draft award—
Maritime Industry Port Authorities & Construction Award 2010
242 Ports Australia submissions in reply – 18 May 2016
243 Ports Australia submissions in reply – 18 May 2016
244 See Decision [2014] FWCFB 1788 at [24] and [60]
245 See Statement [2016] FWC 1838 attaching Amended Directions
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-reply-sub-awu-050516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-280916.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-scaa-211016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-reply-sub-awu-050516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-awu-170416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-reply-sub-awu-050516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-reply-sub-awu-050516.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014239-sub-nff-140416.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-reply-sub-awu-050516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-reply-sub-busa-060516.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014217andors-reply-sub-busa-060516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-rep-sub-nff-261016.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/20160704_am2014239.htm
https://www.fwc.gov.au/sites/awardsmodernfouryr/am2014239-corr-nff-080716.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014240-sub-MUA-14042016.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014240-sub-pa-180516.pdf
https://www.fwc.gov.au/documents/Transcripts/20160606_AM2014217.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/040816-am2014223andors.pdf
https://www.fwc.gov.au/documents/consolidated_awards/ap/ap792489/asframe.html
https://www.fwc.gov.au/documents/consolidated_awards/an/an140213/asframe.html
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014240-sub-MUA-14042016.pdf
http://www.airc.gov.au/awardmod/databases/port/Draft/MUA_AIMPE_portauthority_port_draft.pdf
http://www.airc.gov.au/awardmod/databases/port/Draft/MUA_AIMPE_portauthority_port_draft.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014240-sub-pa-180516.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014240-sub-pa-180516.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2014fwcfb1788.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
[2017] FWCFB 3433
81
246 AWU submission – 18 April 2016; and reply submission – 5 May 2016
247 Business SA submission – 15 April 2016
248 MIAL submission – 14 April 2016; and reply submission – 5 May 2016
249 MUA submission – 28 May 2016; submission – 14 April 2016
250 Transcript – 6 June 2016
251 Transcript – 4 August 2016
252 [2016] FWC 7768
253 See Transcript – 4 August 2016 at PN405–602
254 Statement [2016] FWC 1838
255 Transcript, 6 June 2016 at PN915–941
256 Statement [2016] FWC 1838
257 Transcript, 4 August 2016
258 [2016] FWC 7768
259 See Transcript, 4 August 2016 at PN405–602
260 Statement [2016] FWC 1838, Transcript, 4 August 2016 at PN685
261 [2015] FWCFB 4960
262 Ai Group submission – report to the full bench, 5 August 2016; CEPU, Submission – report to the full bench, 28 July
2016
263 Transcript 6 June 2016 at PN 452
264 Transcript 6 June 2016 at PN 452
265 Report to the Full Bench, 3 June 2016 at para 3, see Attachment A item 1
266 Transcript, 1 June 2016 PN 458
267 Report to the Full Bench, 25 August 2016, see Attachment A item 1
268 National Farmers Federation submission 16 July 2016 at paragraph 3
269 Report to the Full Bench, 3 June 2016, Annexure G – Summary of Proposed Variation (amended), item 1
270 Comparison document to the revised exposure draft of the plain language Pharmacy Industry Award, 22 July 2016, page 3
271 See NFF Submission 14 April 2016 at paragraph 12
272 Business SA Submission 6 May 2016 at paragraph 8.26
273 AWU submission 5 May 2016 at page 2
274 Transcript, 6 June 2016 at PN 60
275 [2016] FWC 4756
276 SDA, APESMA, HSU Joint submission: Revised plain language draft of 21 April 2016, 24 April 2016 paragraph 16
277 [2016] FWCFB 5621 at [10]
278 [2016] FWC 4756 at [39]
279 [2016] FWC 4756 at [40]
280 Transcript 21 April 2016 at PN877
281 Matter withdrawn at conference retaining definition in both coverage clause and definition clause, Report to the Full
Bench, 3 June 2016 at paragraph 4 (see reference to item 22)
282 Transcript 21 April 2016 at PN972
283 Agreed in conference before Johns C, ‘Education Services (Post-Secondary Education) Award’ Summary of Submissions
1 June 2016, see item 2
284 Report to the Full Bench 3 June 2016 paragraph 3, see attachment A reference to item 5, and item 57
285 Report to the Full Bench 3 June 2016 paragraph 3, see attachment A reference to item 6
286 Report to the Full Bench, 25 August 2016 paragraph 3, see attachment A reference to item 3
287 Higher Education Industry–Academic Staff–Award, Summary of submissions (31 May 2016), Item 8
288 Higher Education Industry–General Staff–Award, Summary of submissions (1 June 2016), Item 4
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/AM2014241-sub-awu-180416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014241-sub-awu-050516.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-bussa-150416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014235-sub-mia-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014241-replysub-mial-050516.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014241-corr-mua-280515.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014241-sub-mua-140416.pdf
https://www.fwc.gov.au/documents/Transcripts/20160606_AM2014217.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/040816-am2014223andors.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc7768.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/040816-am2014223andors.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
https://www.fwc.gov.au/documents/documents/transcripts/20160606_am2014217.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/040816-am2014223andors.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/040816-am2014223andors.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc1838.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2015fwcfb4960.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014248-replysub-aig-040816.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014248-sub-cpsu-280716.pdf
https://www.fwc.gov.au/documents/Transcripts/20160606_AM2014217.htm
https://www.fwc.gov.au/documents/Transcripts/20160606_AM2014217.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014244-report-250816.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-sub-nff-160616.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014249-sub-nff-140416.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-reply-sub-busa-060516.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014239-reply-sub-awu-050516.pdf
http://www.fwc.gov.au/documents/decisionssigned/html/2016fwc4756.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014209-jointsub-sdaandors-240516.pdf
http://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb5621.htm
http://www.fwc.gov.au/documents/decisionssigned/html/2016fwc4756.htm
http://www.fwc.gov.au/documents/decisionssigned/html/2016fwc4756.htm
https://www.fwc.gov.au/sites/awardsmodernfouryr/20160421_AM2014217.pdf
https://www.fwc.gov.au/sites/awardsmodernfouryr/20160421_AM2014217.pdf
[2017] FWCFB 3433
82
289 Asbury DP, ‘Sugar Industry Award’ Statement 1 June 2016; see also Sugar Industry Award Exposure Draft revised 3 June
2016, clause 2 and 4.2
290 Transcript 21 April 2016 [PN972]
291 For Group 3 see: Banking, Finance and Insurance Award 2010; Marketing and Social Research Award 2010; Real Estate
Industry Award 2010; Telecommunications Services Award 2010; Electrical Power Industry Award 2010; Seagoing
Industry Award 2010
292 Report to the Full Bench, 3 June 2016, paragraph 3, at attachment A, reference to item 9
293 Report to the Full Bench, 3 June 2016, paragraph 7, see reference to item 6
294 Fair Work Commission, Report from the plain language modern award pilot, April 2016, page 23
295 Comparison document - Revised exposure draft, 22 July 2016, page 3
296 [2016] FWCFB 4258 at [55]
297 Transcript, 6 June 2016 PN 246-267
298 See for example Telecommunication Services Award , Report to the Full Bench, 26 May 2016 see Telecommunication
Services Award at p. 5 para 6
299 Ai Group, Submission- exposure drafts, 14 April 2016, at paras 175-176 and 334-335. Claim made in respect of Business
Equipment Award, Horticulture Award
300 [2015] FWCFB 4658 see definitions of ‘all purpose’ at [42]
301 [2015] FWCFB 4658 [44]
302 Report to the Full Bench, 2 May 2016, at p.2 para 6
303 Transcript 20 July 2016 at PN803
304 Ai Group Submission, 31 August 2016 at para 6
305 Ai Group Submission, 31 August 2016 at paras 3-4
306 Ai Group Submission, 14 April 2016 at para 7-15
307 [2015] FWCFB 7236 at [299]
308 Ai Group Submission, 14 April 2016 at para 115
309 Ai Group Submission, 14 April 2016 at para 350
310 Ai Group Submission, 14 April 2016 at para 349
311 Ai Group Submission, 14 April 2016 at para 158
312 Report of the Full Bench into Inquiry into Penalty Payments (Case No. B274 of 1979) QGIG, vol 108, 213
313 Ai Group Submission, 14 April 2016 at para 9
314 Workers Compensation Act 1987 (NSW) s.44C
315 [2015] FWCFB 4658 [35]-[47]
316 [2015] FWCFB 4658 [35]
317 [2015] FWCFB 4658 at [47]
318 Ai Group Submission, 31 August 2016 at para 6–48
319 Ai Group Submission, 31 August 2016 at paras 10
320 Transcript, 6 June 2016 at PN 410–415
321 [2016] FWC 4756 at [5]
https://www.fwc.gov.au/sites/awardsmodernfouryr/20160421_AM2014217.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am201615-corr-fwc-220716.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb4258.htm
https://www.fwc.gov.au/documents/documents/transcripts/20160606_am2014217.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-aig-140416.pdf
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb4658.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb4658.htm
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/200716_am2014217.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/allawards-sub-aig-310816.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/allawards-sub-aig-310816.pdf
http://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb7236.htm#P1312_121995
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014305qgig-vol-83-no-12.pdf
https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/am2014217andors-sub-aig-140416.pdf
http://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb4658.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb4658.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2015fwcfb4658.htm
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/allawards-sub-aig-310816.pdf
http://www.fwc.gov.au/documents/sites/awardsmodernfouryr/allawards-sub-aig-310816.pdf
https://www.fwc.gov.au/documents/documents/transcripts/20160606_am2014217.htm
http://www.fwc.gov.au/documents/decisionssigned/html/2016fwc4756.htm
[2017] FWCFB 3433
83
Attachment A — List of Group 3 awards by subgroup
Award code Award title Matter No.
Sub-group 3A
MA000019 Banking, Finance and Insurance Award 2010 AM2014/217
MA000021 Business Equipment Award 2010 AM2014/218
MA000002 Clerks Private Sector Award 2010 AM2014/219
MA000083 Commercial Sales Award 2010 AM2014/221
MA000023 Contract Call Centres Award 2010 AM2014/222
MA000094 Fitness Industry Award 2010 AM2014/227
MA000099 Labour Market Assistance Industry Award 2010 AM2014/232
MA000116 Legal Services Award 2010 AM2014/233
MA000030 Market and Social Research Award 2010 AM2014/236
MA000104 Miscellaneous Award 2010 AM2014/237
MA000106 Real Estate Industry 2010 AM2014/242
MA000082 Sporting Organisations Award 2010 AM2014/245
MA000041 Telecommunications Services Award 2010 AM2014/248
Sub-group 3B
MA000075 Educational Services (Post-Secondary Education) Award 2010 AM2014/224
MA000076 Educational Services (Schools) General Staff Award 2010 AM2014/225
MA000006 Higher Education Industry–Academic Staff–Award 2010 AM2014/229
MA000007 Higher Education Industry–General Staff–Award 2010 AM2014/230
MA000112 Local Government Industry Award 2010 AM2014/234
MA000121 State Government Agencies Administration Award 2010 AM2014/246
Sub-group 3C
MA000045 Coal Export Terminals Award 2010 AM2014/220
MA000085 Dredging Industry Award 2010 AM2014/223
MA000088 Electrical Power Industry Award 2010 AM2014/226
MA000050 Marine Towage Award 2010 AM2014/235
MA000051 Port Authorities Award 2010 AM2014/240
MA000052 Ports, Harbours and Enclosed Water Vessels Award 2010 AM2014/241
MA000122 Seagoing Industry Award 2010 AM2014/243
http://www.fwc.gov.au/documents/modern_awards/award/ma000019/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000019?m=AM2014/217
http://www.fwc.gov.au/documents/modern_awards/award/ma000021/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000021?m=AM2014/218
http://www.fwc.gov.au/documents/modern_awards/award/ma000002/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000002?m=AM2014/219
http://www.fwc.gov.au/documents/modern_awards/award/ma000083/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000083?m=AM2014/221
http://www.fwc.gov.au/documents/modern_awards/award/ma000023/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000023?m=AM2014/222
http://www.fwc.gov.au/documents/modern_awards/award/ma000094/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000094?m=AM2014/227
http://www.fwc.gov.au/documents/modern_awards/award/ma000099/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000099?m=AM2014/232
http://www.fwc.gov.au/documents/modern_awards/award/ma000116/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000116?m=AM2014/233
http://www.fwc.gov.au/documents/modern_awards/award/ma000030/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000030?m=AM2014/236
http://www.fwc.gov.au/documents/modern_awards/award/ma000104/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000104?m=AM2014/237
http://www.fwc.gov.au/documents/modern_awards/award/ma000106/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000106?m=AM2014/242
http://www.fwc.gov.au/documents/modern_awards/award/ma000082/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000082?m=AM2014/245
http://www.fwc.gov.au/documents/modern_awards/award/ma000041/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000041?m=AM2014/248
http://www.fwc.gov.au/documents/modern_awards/award/ma000075/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000075?m=AM2014/224
http://www.fwc.gov.au/documents/modern_awards/award/ma000076/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000076?m=AM2014/225
http://www.fwc.gov.au/documents/modern_awards/award/ma000006/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000006?m=AM2014/229
http://www.fwc.gov.au/documents/modern_awards/award/ma000007/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000007?m=AM2014/230
http://www.fwc.gov.au/documents/modern_awards/award/ma000112/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000112?m=AM2014/234
http://www.fwc.gov.au/documents/modern_awards/award/ma000121/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000121?m=AM2014/246
http://www.fwc.gov.au/documents/modern_awards/award/ma000045/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000045?m=AM2014/220
http://www.fwc.gov.au/documents/modern_awards/award/ma000085/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000085?m=AM2014/223
http://www.fwc.gov.au/documents/modern_awards/award/ma000088/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000088?m=AM2014/226
http://www.fwc.gov.au/documents/modern_awards/award/ma000050/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000050?m=AM2014/235
http://www.fwc.gov.au/documents/modern_awards/award/ma000051/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000051?m=AM2014/240
http://www.fwc.gov.au/documents/modern_awards/award/ma000052/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000052?m=AM2014/241
http://www.fwc.gov.au/documents/modern_awards/award/ma000122/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000122?m=AM2014/243
[2017] FWCFB 3433
84
Award code Award title Matter No.
Sub-group 3D
MA000101 Gardening and Landscaping Services Award 2010 AM2014/228
MA000028 Horticulture Award 2010 AM2014/231
MA000033 Nursery Award 2010 AM2014/238
MA000035 Pastoral Award 2010 AM2014/239
MA000040 Silviculture Award 2010 AM2014/244
MA000087 Sugar Industry Award 2010 AM2014/247
MA000090 Wine Industry Award 2010 AM2014/249
http://www.fwc.gov.au/documents/modern_awards/award/ma000101/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000101?m=AM2014/228
http://www.fwc.gov.au/documents/modern_awards/award/ma000028/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000028?m=AM2014/231
http://www.fwc.gov.au/documents/modern_awards/award/ma000033/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000033?m=AM2014/238
http://www.fwc.gov.au/documents/modern_awards/award/ma000035/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000035?m=AM2014/239
http://www.fwc.gov.au/documents/modern_awards/award/ma000040/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000040?m=AM2014/244
http://www.fwc.gov.au/documents/modern_awards/award/ma000087/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000087?m=AM2014/247
http://www.fwc.gov.au/documents/modern_awards/award/ma000090/default.htm
https://www.fwc.gov.au/awards-and-agreements/modern-award-reviews/4-yearly-review/award-stage/award-review-documents/MA000090?m=AM2014/249
85
Attachment B —List of modern awards containing all purpose allowances (see paragraph
[362])
Award ID Award title All purpose allowances Applies to:
MA000018 Aged Care Award 2010 Leading hand allowance (cl.15.3(b)) some employees
MA000046 Air Pilots Award 2010 Off-shore helicopter operations
(cl.E.6.3)
some employees
MA000048 Airline Operations–Ground
Staff Award 2010
Tool allowance–tradesperson
(cl.21.20)
some employees
Full Category Aircraft Type Rating
Endorsement payment (cl.21.21)
some employees
Transitional Category Aircraft Type
Rating Endorsement payment
(cl.21.22)
some employees
Special appointments–additional
payments in maintenance and
engineering stream (cl.21.24)
some employees
Category A Licence Holder (cl.21.25) some employees
Category C Licence Holder (cl.21.26) some employees
Maintenance and engineering stream–
leading hand allowance (cl.21.27)
some employees
MA000060 Aluminium Industry Award
2010
Work conditions and disability
allowance (cl.15.3)
all employees
MA000098 Ambulance and Patient
Transport Industry Award
2010
Qualifications allowance (cl.14.2) some employees
Paramedic skills allowance–
Ambulance service Level 1
(cl.15.4(a)(i))
some employees
Paramedic skills allowance–
Ambulance service Level 2
(cl.15.4(a)(ii))
some employees
Paramedic skills allowance–all other
employees (cl.15.4(b))
some employees
MA000080 Amusement, Events and
Recreation Award 2010
Special all purpose allowances for
exhibition employees (cl.15.11)
some employees
MA000054 Asphalt Industry Award
2010
1
Industry allowance (cl.15.3(a)) all employees
Inclement weather (cl.15.3(b)) all employees
MA000091 Broadcasting and Recorded
Entertainment Award 2010
Maintenance allowance (cl.32.2) some employees
Broadcast Operator’s Certificate of
Proficiency allowance (cl.32.5)
some employees
Television Operator’s Certificate of
Proficiency allowance (cl.32.6)
some employees
Properties allowance (cl.32.7) some employees
Director’s loading (cl.32.15(c)) some employees
Videotape post-production allowance
(cl.32.16)
some employees
Videotape editing allowance (cl.32.17) some employees
MA000021 Business Equipment Award
2010
Leading hand allowance (cl.22.1(a)) some employees
MA000055 Cement and Lime Award
2010
Industry disability allowance (cl.15.1) all employees
Leading hand allowance (cl.15.2) some employees
[2017] FWCFB 3433
86
Award ID Award title All purpose allowances Applies to:
First aid allowance (cl.15.3) some employees
MA000070 Cemetery Industry Award
2010
Industry allowance (cl.15.8) all employees
MA000120 Children’s Services Award
2010
Qualifications allowance (cl.15.6) some employees
MA000056 Concrete Products Award
2010
1
Industry allowance–employees other
than those working in factories whose
sole purpose is the manufacture of tiles
(cl.16.1(a))
some employees
Industry allowance–employees
working in factories whose sole
purpose is the manufacture of tiles
(cl.16.1(a))
some employees
MA000024 Cotton Ginning Award
2010
Leading hand allowance (cl. 17.3)
A
some employees
Disabilities allowance (cl.17.4)) all employees
MA000085 Dredging Industry Award
2010
Dual certificate allowance–vessel laid
up (cl.15.8(a))
some employees
Dual certificate allowance–fully
operational vessel (cl.15.8(b))
some employees
MA000025 Electrical, Electronic and
Communications
Contracting Award 2010
Industry allowance (cl.17.2(a)) all employees
Tool allowance (cl.17.2(b)) some employees
Electrician’s licence allowance
(cl.17.2(c))
some employees
Leading hands allowance (cl.17.2(d)) some employees
Nominee allowance (cl.17.2(e)) some employees
Electrical distribution line maintenance
and tree clearing allowance (cl.17.2(f))
some employees
Rate for ordering materials–allowance
for employees engaged in the building
and construction industry in specified
circumstances (cl.17.2(g))
some employees
MA000111 Fire Fighting Industry
Award 2010
Availability allowance (cl.17.8(a)) some employees
MA000073 Food, Beverage and
Tobacco Manufacturing
Award 2010
Leading hands allowance (cl.26.1(a)) some employees
Heavy vehicle driving allowance
(cl.26.1(b))
some employees
Boiler attendants allowance
(cl.26.1(c))
some employees
MA000101 Gardening and
Landscaping Services
Award 2010
Leading hand allowance (cl.15.1)
A
some employees
Tool allowance–tradespersons
(cl.15.3(a))
some employees
MA000026 Graphic Arts, Printing and
Publishing Award 2010
Visual display terminal allowance
(cl.25.1(a))
some employees
Inserting allowance (cl.25.1(b)) some employees
MA000028 Horticulture Award 2010 Leading hand allowance (cl.17.1(a)) some employees
Wet work allowance (cl.17.1(b)) some employees
First aid allowance (cl.17.1(d)) some employees
[2017] FWCFB 3433
87
Award ID Award title All purpose allowances Applies to:
MA000009 Hospitality Industry
(General) Award 2010
Fork lift driver allowance (cl.21.2(a)) some employees
Fork lift driver allowance–part-time or
casual employees (cl.21.2(a))
some employees
MA000062 Hydrocarbons Industry
(Upstream) Award 2010
Licence allowance–electricians
(cl.15.2(b))
some employees
Industry allowance (cl.15.3(a)) all employees
MA000029 Joinery and Building
Trades Award 2010
Leading hand allowance (cl.24.1(a)) some employees
Industry allowance–employee engaged
on joinery work, shopfitting,
stonemasonry or outside work
(cl.24.1(b)(i))
some employees
Industry allowance–glazier or
apprentice glazier, engaged other than
on factory glazing (cl.24.1(b)(ii))
some employees
Tool allowance (cl.24.1(c)) some employees
Stonemasonry tools and equipment
allowance (cl.24.1(d)(i))
some employees
MA000067 Journalists Published
Media Award 2010
Sub-editing allowance (cl.15.5(b)) some employees
MA000010 Manufacturing and
Associated Industries and
Occupations Award 2010
Leading hand allowance (cl.32.1(a)) some employees
Ship repairing allowance (cl.32.1(b)) some employees
Tool allowance–tradespersons and
apprentices (cl.32.1(c))
some employees
Tool allowance–carpenter or joiner or
shipwright/boat builder (cl.32.1(d))
some employees
Application of technical computing
equipment allowance (cl.32.1(e))
some employees
Artificial fertilizers and chemicals
allowance (cl.32.1(g))
some employees
MA000031 Medical Practitioners
Award 2010
On call allowance: Senior Doctors
(cl.24.2(c))
some employees
MA000011 Mining Industry Award
2010
Licence allowance–electricians
(cl.14.2(c))
some employees
Industry allowance (cl.14.3(a)) all employees
Drilling, prospecting and exploration
allowance–cooks and cooks assistants
(cl.14.3(c)(ii))
some employees
MA000032 Mobile Crane Hiring
Award 2010
All-purpose industry allowance
(cl.13.2)
all employees
MA000033 Nursery Award 2010 First Aid allowance (cl.20.1(a)) some employees
Meal allowance (cl.20.1(b))
B
some employees
MA000072 Oil Refining and
Manufacturing Award 2010
Industry allowance–other than clerical
employees (cl.15.3(a))
some employees
MA000035 Pastoral Award 2010 Leading hand allowance (cl.17.4(a)) some employees
First aid allowance (cl.17.4(b)) some employees
MA000036 Plumbing and Fire Industry allowance (cl.21.1(b)) some employees
[2017] FWCFB 3433
88
Award ID Award title All purpose allowances Applies to:
Sprinklers Award 2010 Plumbing trade allowance (cl.21.1(c)) some employees
Registration allowance (cl.21.1(d)) some employees
Special fixed allowance (cl.21.1(e)) some employees
Fire sprinkler fitting trade allowance
(cl.21.1(f))
some employees
Industry disability allowance and
space, height and dirt money
allowance–Fire sprinkler fitter
employees (cl.21.1(g))
some employees
Sprinkler fitters adjustment (cl.21.1(h)) some employees
Daily hire employees–lost time
loading allowance (cl.21.1(j))
some employees
Leading hand allowance (cl.21.1(k)) some employees
MA000051 Port Authorities Award
2010
Electrician’s licence allowance
(cl.14.1(d))
some employees
MA000052 Ports, Harbours and
Enclosed Water Vessels
Award 2010
Dual capacity allowance (cl.14.4) some employees
Towing allowance–towing or carrying
explosives (cl.14.20(a))
some employees
Towing allowance–masters engaged in
towing non self-propelled bunker
barges having a carrying capacity of
400 tonnes or more (cl.14.20(b))
some employees
MA000074 Poultry Processing Award
2010
Leading hand allowance (cl.20.1) some employees
MA000057 Premixed Concrete Award
2010
1
Industry disability allowance (cl.15.1) all employees
Leading hand allowance (cl.15.2) some employees
First aid allowance (cl.15.3) some employees
MA000037 Quarrying Award 2010 Industry allowance (cl.18.1) all employees
Leading hand allowance (cl.18.2) some employees
First aid allowance (cl.18.4) some employees
MA000014 Racing Industry Ground
Maintenance Award 2010
Tool allowance–tradesperson (other
than carpenter) (cl.15.3(a))
some employees
Tool allowance–carpenter (cl.15.3(a)) some employees
MA000058 Registered and Licensed
Clubs Award 2010
First aid allowance (cl.18.2) some employees
MA000038 Road Transport and
Distribution Award 2010
Transport worker grade 7–Driver of
low loader with GCM exceeding 43
tonnes–for each additional complete
tonne over 43 tonnes GCM (Schedule
C)
some employees
[2017] FWCFB 3433
89
Award ID Award title All purpose allowances Applies to:
Transport worker grade 10–Driver of
multi-axle platform trailing equipment
with specified carrying capacities:
up to 150 tonnes
over 150 and up to 200
tonnes
exceeding 200 tonnes
(Schedule C)
some employees
MA000107 Salt Industry Award 2010 Industry allowance (cl.15.3(a)) all employees
MA000040 Silviculture Award 2010 Special allowance (cl.14.2) all employees
Industry allowance (cl.18.2) all employees
MA000053 Stevedoring Industry
Award 2010
Specialist functions allowance
(cl.14.1)
some employees
Electrician’s licence allowance
(cl.14.13)
some employees
MA000103 Supported Employment
Services Award 2010
Leading hand allowance (cl.15.7) some employees
MA000041 Telecommunications
Services Award 2010
Technical stream–Team leader/leading
hand allowance (cl.17.2(a))
some employees
MA000017 Textile, Clothing, Footwear
and Associated Industries
Award 2010
Instructor allowance (cl.26.1)
C
some employees
Cards allowance (cl.26.3) some employees
MA000071 Timber Industry Award
2010
Forest work (cl.21.19) some employees
D
Driving low loader–for each additional
complete tonne over 43 tonnes GCM
(cl.21.25)
some employees
MA000042 Transport (Cash in Transit)
Award 2010
Mobile cash unit allowance
(cl.16.1(b))
some employees
Industry allowance (cl.16.1(c)) all employees
MA000043 Waste Management Award
2010
Industry allowance (cl.20.6) all employees
1
The hourly rates in the tables in the schedules to this award incorporate the all purpose
allowance(s) which are payable to all employees (see paragraph [361]).
A This allowance was identified as being payable for all purposes in the exposure draft process
B This allowance was identified as not being payable for all purposes in the exposure draft
process
C This allowance is payable for all purposes except for incentive payments
D This allowance is payable for to all employees except pieceworkers
90
Attachment C — Awards using term “occupational health and safety”
Stage Matter Award code Award Proposed amendment
4B AM2014/254 MA000048 Airline Operations—Ground Staff
Award 2010
A.3 Maintenance and engineering stream
A.3.1 Aircraft Worker 1 is an employee who is undertaking up to 38 hours induction
training which may include information on the enterprise, conditions of employment,
introduction to supervisors and fellow workers, training and career path opportunities,
enterprise layout, work and documentary procedures, occupational work health and
safety, equal employment opportunity, and quality control/assurance procedures.
…
4B AM2014/255 MA000049 Airport Employees Award 2010 A.1 Technical services officers
A.1.10 Technical services officer Level 9
(c) Example of duties undertaken:
…
(x) Have an understanding of personnel, occupational work health and
safety and industrial relations matters and be able to act in accordance with
relevant policies and procedures.
A.3.6 Ground services officer level 6
Employment at this level requires an employee to be proficient in duties ranging to and
including Level 6 duties as specified by local agreement.
(a) Typical Level 6 duties:
• Have a good working knowledge of rules, regulations pertaining to
work duties (e.g. RPA’s, airport technical manual, Civil Aviation Orders
(CAO’s) and Occupational Work Health and Safety (OH&S WH&S)).
4D AM2014/256 MA000080 Amusement, Events and Recreation
Award 2010
A.10.1 An employee appointed to this level undertakes three or more of the following
duties:
…
(e) Responsible for all occupational work health and safety management in outdoor
areas.
[2017] FWCFB 3433
91
Stage Matter Award code Award Proposed amendment
2B AM2014/199 MA000118 Animal Care and Veterinary
Services Award 2010
A.2.3 Level 2
A Level 2 employee will use limited discretion and initiative. Knowledge relating to the
care of animals will be necessary.
Level of responsibility, skills and knowledge
An employee at this level will:
(a) following Occupational Work Health and Safety procedures in an animal care
environment;
…
1D AM2014/67 MA000001
Black Coal Mining Industry Award
2010
A.5.1 Open cut mines
The following lists are not exhaustive, but rather are indicative of the types of
competencies utilised in open cut mines.
INDUCTION
Induction (Generic, Minesite); Interpersonal; First Aid; Fire Fighting; Occupational
Work Health and Safety.
A.5.2 Underground mines
The following lists are not exhaustive, but rather are indicative of the types of
competencies utilised in underground mines.
INDUCTION
Induction (Generic, Minesite); Interpersonal; First Aid; Fire Fighting; Occupational
Work Health and Safety.
4D AM2014/259 MA000091 Broadcasting and Recorded
Entertainment Award 2010
61.4 All cinema employees—break between shifts
(a) Employees must have at least 10 consecutive hours off duty between the end of
each shift and starting ordinary work on the next day or shift. Where the employer is
satisfied that occupational work health and safety standards will be met, an employee
may request and the employer may agree that a break of at least eight hours be
substituted for the 10 hour break.
A.1.16 Make-up and Hairdresser
[2017] FWCFB 3433
92
Stage Matter Award code Award Proposed amendment
…
(e) Assistant Hairdresser or Make-up Artist
Skills, competencies, duties and responsibilities held and exercised
(i) Assistant Hairdresser
• Assists the hairdresser in the course of the hairdresser’s duties by
ensuring that hairdressing devices are prepared in accordance with occupational
work health and safety standards and station policy.
(ii) Assistant Make-up Artist
• Assists the make-up artist in the course of the make-up artist’s duties
by ensuring that make-up materials and devices are prepared in accordance
with occupational work health and safety standards and station policy.
Responsible for quality of own work under supervision of Hairdresser/Make-
Up Artist.
…
A.1.20 Set Design
…
(b) Senior Set Designer
Skills, competencies, duties and responsibilities held and exercised
…
(iii) Skilled in occupational work health and safety (OH&S WH&S)
regulations for construction, weights and manual handling.
…
A.1.22 Properties
(a) Property Person/Senior Studio Hand
…
(x) Understands all OH&S WH&S regulations for manual handling
procedures.
…
(c) Property Assistant/Studio Hand/Prop and Scenery Storeperson/Set Dresser
Skills, competencies, duties and responsibilities held and exercised
(xiv) Works under broad guidelines and OH&S WH&S regulations.
[2017] FWCFB 3433
93
Stage Matter Award code Award Proposed amendment
4C AM2014/260 MA000020 Building and Construction General
On-site Award 2010
21.10 First aid allowance
…
(b) The first aid allowance will be paid at the following additional rates:
(i) an employee who holds the minimum qualifications recognised under the
relevant State or Territory Occupational Work Health and Safety legislation (or, in
Western Australia, a Senior First Aid certificate of Industrial First Aid certificate or
equivalent qualification from the St John Ambulance Association or similar body)—
$2.75 per day; or
…
21.10 First aid allowance
(b) The first aid allowance will be paid at the following additional rates:
(ii) an employee who holds a higher first aid certificate recognised under the
relevant State or Territory Occupational Work Health and Safety legislation (or, in
Western Australia, a Senior First Aid certificate or Industrial First Aid certificate or
equivalent qualification from the St John Ambulance Association or similar body)—
$4.36 per day.
…
22. Special rates
(k) Asbestos
Employees required to wear protective equipment (i.e. combination overalls and
breathing equipment or similar apparatus) as part of the necessary safeguards as required
by the appropriate occupational work health authority for the use of materials containing
asbestos or to work in close proximity to employees using such materials, must be paid
an additional $0.81 per hour whilst wearing such equipment.
4E AM2014/261 MA000095 Car Parking Award 2010 12.5 Car Parking Officer Level 2
(c) Tasks an employee at this level may be required to perform include:
…
• observing basic occupational work health and safety;
…
1B AM2014/68 MA000055 Cement and Lime Award 2010 Now a part of the Cement, Lime and Quarrying Award. See Quarrying Award 2010
above.
4A AM2014/263 MA000120 Children’s Services Award 2010 A.1.8 Level 5
Indicative duties
• Co-ordinate centre or service operations including Occupational Work Health
and Safety, program planning, staff training.
[2017] FWCFB 3433
94
Stage Matter Award code Award Proposed amendment
1B AM2014/70 MA000056 Concrete Products Award 2010 A.1.1 Undertaking the employer’s induction programme which may include
information on the enterprise, conditions of employment, introduction to supervisors and
fellow employees, training and career path opportunities, plant layout, work and
documentation procedures, occupational work health and safety and quality assurance.
3A AM2014/222 MA000023 Contract Call Centre Award 2010 A.2 Classification definitions
A.2.1 Customer contact stream—classifications
(b) Customer Contact Officer Level 1
(ii) Indicative tasks
An employee at this level would normally perform the following indicative tasks:
• follow occupational work health and safety policy and procedures;
…
(c) Customer Contact Officer Level 2
(iii) Indicative tasks
An employee at this level would normally perform the following indicative tasks:
• follow occupational work health and safety policy and procedures;
…
(e) Customer Contact Team Leader
(iv) Indicative tasks
An employee at this level would normally perform the following indicative tasks:
• follow occupational work health and safety policy and procedures;
…
[2017] FWCFB 3433
95
Stage Matter Award code Award Proposed amendment
2D AM2014/201 MA000110 Corrections and Detention (Private
Sector) Award 2010
A.2.4 Indicative tasks of a Correctional Officer are to:
• Comply with Occupational Work Health and Safety and Equal Employment
Opportunity (EEO)/Affirmative Action requirements in accordance with relevant
legislative requirements and contribute to the maintenance and improvement of safety
and equity in the workplace.
…
A.3.4 Indicative tasks of a Correctional Officer—Perimeter/Security are to:
• Comply with Occupational Work Health and Safety and EEO/Affirmative
Action requirements in accordance with relevant legislative requirements and contribute
to the maintenance and improvement of safety and equity in the workplace.
…
A.4.5 Indicative tasks of a Correctional Supervisor are to:
• Comply with Occupational Work Health and Safety and EEO/Affirmative
Action requirements in accordance with relevant legislation and contribute to the
maintenance and improvement of safety and equity in the workplace.
…
A.5.3 Indicative tasks for a Court Security Officer are to:
• Comply with the Occupational Work Health and Safety legislation, other
relevant legislation and EEO/EOWA requirements and contribute to the maintenance
and improvement of safety and equity in the workplace.
A.7.3 Indicative tasks for a Custody Officer are to:
• Comply with Occupational Work Health and Safety legislation, other relevant
legislation and EEO/EOWA requirements and contribute to the maintenance and
improvement of safety and equity in the workplace.
1A AM2014/71 MA000024 Cotton Ginning Award 2010 7. Classifications
7.2 Cotton ginning employee level 2 (CG2)
Employees at this level:
(a) are workers who are in charge of operating a piece of machinery (mobile plant
or gin machinery) where greater OH&S work health and safety
considerations exist compared with CG1 roles; and
[2017] FWCFB 3433
96
Stage Matter Award code Award Proposed amendment
3B AM2014/225 MA000076 Educational Services (Schools)
General Staff Award 2010
A.2.6 Level 6
An employee at this level performs work above and beyond the skills of an employee at
Level 5.
…
(e) Typical activities
(i) Preschool/childcare services grade 5
• Co-ordinating operations, occupational work health and safety,
program planning, staff training
4E AM2014/267 MA000073 Food, Beverage and Tobacco
Manufacturing Award 2010
A.2.1 Level 1 (78% relativity to the tradesperson)
(b) Competencies
An employee at Level 1 performs general duties essentially of a manual nature, and:
…
(iii) is undertaking up to 38 hours’ induction training which may include
information on the enterprise, conditions of employment, introduction to supervisors and
fellow workers, training and career path opportunities, plant layout, work and
documentation procedures, occupational work health and safety, equal employment
opportunity and quality control/assurance.
3D AM2014/228 MA000101 Gardening and Landscaping
Services Award 2010
A.1.2 An employee at this level is undertaking training for a period of not more than
three months which may include information on the workplace, conditions of
employment, introduction to supervisors and fellow workers, training and career path
opportunities, workplace layout, work and documentation procedures, work health and
safety occupational health and safety, equal employment opportunity and quality
control/assurances.
[2017] FWCFB 3433
97
Stage Matter Award code Award Proposed amendment
2A AM2014/203 MA000026 Graphic Arts, Printing and
Publishing Award 2010
23. Refreshment entitlement
23.1 A reasonable opportunity is to be provided by the employer for each employee
to pause to acquire a refreshment during the first half of the day or shift, at a time
specified by the employer, subject to:
…
(d) maintenance of high standards of occupational work health and safety; and
…
Schedule A—Classification Definitions
A.2 Level 2
Employees at this level perform work above the skills of an employee at level 1 to the
level of their competence, skill and training.
• understanding and applying occupational work health and safety (OH&S)
practices and existing procedures applying in their work area at their level of training;
…
Schedule A—Classification Definitions
A.8 Level 8
Employees at this level perform work above the skills of an employee at level 7 to the
level of their competence, skill and training. An employee at this level may have
completed a trade certificate, AQF Certificate Level IV or equivalent training.
• participating in, developing and implementing appropriate occupational work
health and safety practices in the area of work; encouraging staff under their supervision
to accept and enforce safety requirements;
…
3B AM2014/229 MA000007
Higher Education Industry—
General Staff—Award 2010
A.2.1 Higher Education Worker Level 1 (HEW 1)
(a) Training level or qualifications
Employees at the base of this level would not be required to have formal qualifications
or work experience upon engagement.
Employees engaged at the base of this level will be provided with structured on the job
training in addition to up to 38 hours of induction which must provide information on
the higher education institution, conditions of employment, training to be made available
and consequent career path opportunities, physical layout of the institution/work areas,
introduction to fellow workers and supervisors, work and documentation procedures,
occupational work health and safety, equal opportunity practices and extended basic
literacy and numeracy skills training where required/necessary to enable career path
progression.
[2017] FWCFB 3433
98
Stage Matter Award code Award Proposed amendment
3D AM2014/231 MA000028 Horticulture Award 2010 Schedule A—Classification Definitions
A.1 Level 1
A.1.2 General description
An employee at this level:
• undertakes induction training which may include information on the enterprise,
conditions of employment, introduction to supervisors and fellow workers, training and
career opportunities, plant layout, work and documentation procedures, occupational
work health and safety, equal employment opportunity and quality control/assurance;
…
A.2 Level 2 employee
A.2.2 General description
An employee at this level:
• receives training in occupational work health and safety standards and practices
relevant to the site;
…
A.3 Level 3 employee
A.3.2 General description
An employee at this level:
• receives training in occupational work health and safety standards and practices
in work areas relevant to the site and appropriate to this award;
…
A.4 Level 4 employee
A.4.2 General description
An employee at this level:
• monitors the application of occupational work health and safety standards in
work areas relevant to the site and appropriate to this level;
…
4C AM2014/274 MA000029 Joinery and Building Trades Award
2010
A.1.1 Level 1 [relativity to Level 5—78%]
(a) An employee at this level will undertake up to 38 hours induction training
which may include information on the company, conditions of employment,
introduction to supervisors and fellow workers, training and career path opportunities,
plant layout, work and documentation procedures, occupational work health and safety,
equal employment opportunity and quality control/assurance.
…
[2017] FWCFB 3433
99
Stage Matter Award code Award Proposed amendment
4D AM2014/276 MA000081 Live Performance Award 2010 A.1.1 Production and Support Staff Level 1
…
(b) The induction training may include information on the enterprise or production,
conditions of employment, introduction of supervisors and fellow workers, training and
career path opportunities, venue/workshop/plant layout, work and documentation
procedures, basic theatre terminology and etiquette, occupational work health and
safety, equal employment opportunity and quality control/assurance.
1C AM2014/75 MA000010 Manufacturing and Associated
Industries and Occupations Award
2010
A.3.3 Wage Group: C14
(a) Engineering/Manufacturing Employee—Level I
(i) An Engineering/Manufacturing Employee—Level I is an employee who is
undertaking up to 38 hours induction training which may include information on the
enterprise, conditions of employment, introduction to supervisors and fellow workers,
training and career path opportunities, plant layout, work and documentation procedures,
occupational work health and safety, equal employment opportunity and quality
control/assurance.
…
A.3.13 Wage Group: C4
(a) Engineering Associate/Laboratory Technical Officer—Level I
(i) An Engineering Associate/Laboratory Technical Officer —Level I means an
employee who works above and beyond a technician at the C5 level and who has
completed the minimum training requirements specified in clause A.2.1 of Schedule A
or equivalent and is engaged in:
• making of major design drawings or graphics or performing technical duties in
a specific field of engineering, laboratory or scientific practice such as research design,
testing, manufacture, assembly, construction, operation, diagnostics and maintenance of
equipment facilities or products, including computer software, quality processes,
occupational work health and safety and/or standards and plant and material security
processes and like work and/or developing test procedures or manuals from test
standards and like work; or
…
A.3.15 Wage Group: C2
[2017] FWCFB 3433
100
Stage Matter Award code Award Proposed amendment
(b) Principal Engineering Supervisor/Trainer/Coordinator
(i) A Principal Engineering Supervisor/Trainer/Coordinator means a
Supervisor/Trainer/Coordinator who has completed a national advanced diploma or
equivalent of which at least 50% of the competencies are in supervision/training and
who when engaged at this level:
• possesses a sound knowledge of occupational work health and safety, industrial
relations, and communications processes and is able to use this knowledge in training
and leading the work of others;
3D AM2014/238 MA000033 Nursery Award 2010 9.2 Ordinary hours of work
(c) The ordinary hours of work will not exceed eight hours on any day, provided
that by arrangement between an employer and an employee ordinary working hours
greater than eight but not exceeding 10 on any day may be worked subject to:
(i) the employer and employee concerned being guided by relevant occupational
work health and safety provisions;
…
3D AM2014/239 MA000035 Pastoral Award 2010 28.2 Piggery attendant level 1 (PA1)
(a) A piggery attendant level 1 (PA1) is:
• an employee undertaking up to 38 hours’ induction training which may include
information on the enterprise, conditions of employment, introduction to supervisors and
fellow workers, training and career path opportunities, farm layout, production program,
work and record keeping procedures and occupational work health and safety; or
…
Parties have already agreed to following changes, these changes made been made to the
latest exposure draft:
23.2 Farm and livestock hand level 2 (FLH2)
An employee at this level includes:
(b) Feedlot employee grade 1 with more than three months’ experience in the
industry who:
• carry out workplace OH&S WH&S procedures.
23.4 Farm and livestock hand level 4 (FLH4)
[2017] FWCFB 3433
101
Stage Matter Award code Award Proposed amendment
An employee at this level includes:
(a) Feedlot employee level 2 who:
• carry out workplace OH&S WH&S procedures.
23.6 Farm and livestock hand level 6 (FLH6)
• carry out workplace OH&S WH&S procedures.
23.7 Farm and livestock hand level 7 (FLH7)
• carry out workplace OH&S WH&S procedures.
4C AM2014/280 MA000036 Plumbing and Fire Sprinklers
Award 2010
20.6 Wage-related allowances—Conditions for payment of allowances and
additional payments required
…
(d) Asbestos materials
Employees required to wear protective equipment (i.e. combination overalls and
breathing equipment or similar apparatus) as part of the necessary safeguards required
by the appropriate occupational work health authority for the use of materials containing
asbestos or to work in close proximity to employees using such materials must be paid
an additional $0.81 per hour whilst wearing such equipment.
A.3.1 Work levels
…
(g) Plumbing and mechanical services tradesperson/Sprinkler fitter
tradesperson Level 2
…
has knowledge of occupational work, health and safety requirements subject to the
level of their training; and
[2017] FWCFB 3433
102
Stage Matter Award code Award Proposed amendment
1B AM2014/86 MA000037 Quarrying Award 2010 Please note: this exposure draft is renamed as the Cement, Lime & Quarrying award
D.2 Core competencies—cement and lime industry
(g) Basic
Elements:
(i) working safely and follow occupational work health and safety policies and
procedures;
…
2D AM2014/210 MA000014 Racing Industry Ground
Maintenance Award 2010
A.5 Trackwork and Pool Supervisor
…
(c) ensuring the observance of the training track rules and regulations, with
particular emphasis on occupational work health and safety and ensuring observance of
safe practices by trainers and track riders, including the wearing of protective clothing;
…
A.7 Management Employee Level 2
An employee appointed to this level reports directly to the Committee of Management
and undertakes three or more of the following duties:
…
(e) responsible for all occupational work health and safety management in outdoor
areas;
4F AM2014/283 MA000058 Registered and Licensed Clubs
Award 2010
A.9.6 Maintenance and horticultural management level 2 means employee appointed
to this level who reports directly to the Committee of Management and undertakes three
or more of the following duties:
…
(e) responsible for all occupational Work Health and Safety management in
outdoor areas;
2C AM2014/212 MA000038 Road Transport and Distribution
Award 2010
A.3.1 Skills/Duties
…
(g) In addition to the above, may be responsible for the proper application and
maintenance of appropriate occupational work health and safety standards.
[2017] FWCFB 3433
103
Stage Matter Award code Award Proposed amendment
4A AM2014/285 MA000100 Social, Community, Home Care and
Disability Services Industry Award
2010
A.5 Social and community services employee level 5
A.5.2 Responsibilities
To contribute to the operational objectives of the work area, a position at this level may
include some of the following:
(i) monitor and interpret legislation, regulations and other agreements
relating to occupational work health and safety, workers compensation and
rehabilitation;
B.3 Crisis accommodation employee level 3
B.3.2 Responsibilities
To contribute to the operational objectives of the work area, a position at this level may
include some of the following:
…
(h) monitor and interpret legislation, regulations and other agreements
relating to occupational work health and safety, workers compensation and
rehabilitation;
D.5 Home care employee level 5
D.5.1 Accountability and extent of authority
…
(d) Employees with co-ordination responsibilities are also required to ensure that
all employees under their direction are trained in safe working practices and in the safe
operation of equipment and are made aware of all occupational work health and safety
policies and procedures.
…
D.5.4 Management skills
(b) The position requires an understanding of and ability to implement
basic personnel policies and practices including those related to equal
employment opportunity, occupational work health and safety and employees’
training and development.
[2017] FWCFB 3433
104
Stage Matter Award code Award Proposed amendment
3D AM2014/247 MA000087 Sugar Industry Award 2010 B.4.2 Wage Group: C14
(a) Engineering/production employee level I
(i) An engineering/production employee level I is an employee who is
undertaking up to 38 hours induction training which may include information
on the enterprise, conditions of employment, introduction to supervisors and
fellow workers, training and career path opportunities, plant layout, work and
documentation procedures, occupational work health and safety, equal
employment opportunity and quality control/assurance.
4A AM2014/286 MA000103 Supported Employment Services
Award 2010
A.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 work
health and safety, equal employment opportunity and quality control/assurances.
3A AM2014/248 MA000041 Telecommunications Services
Award 2010
A.4.2 Telecommunications Technical Employee
…
(c) Telecommunications Technical Employee (Customer Access Network)
(ii) Indicative tasks
The following tasks are indicative of those performed by an employee at this level:
• follow occupational work health and safety policy and procedures;
…
A.4.4 Advanced Telecommunications Technician
…
(c) Advanced Telecommunications Technician (Engineering)
(ii) Indicative tasks
The following tasks are indicative of those performed by an employee at this level:
• follow occupational work health and safety policy and procedures;
…
[2017] FWCFB 3433
105
Stage Matter Award code Award Proposed amendment
1C AM2014/91 MA000017 Textile, Clothing, Footwear and
Associated Industries Award 2010
A.1 Trainee
Training for new entrants will be determined in accordance with the needs of the
enterprise, but will involve instruction aimed at assisting trainees to achieve the range of
competencies required at Skill Level 1, including:
• the knowledge and skills required to apply relevant Occupational Work Health
and Safety practices and procedures;
…
A.6 Skill Level 5
Employees at this level exercise the skills necessary to be graded at Skill Level 4 and
have a comprehensive knowledge of enterprise products and processes and are
principally engaged in specialist tasks.
• exercise the skills associated with Skill Level 4 and perform one or more of the
following Team Leader activities:
implement and monitor occupational work health and safety policies and procedures;
…
1C AM2014/92 MA000071 Timber Industry Award 2010 A.1 Level 1 (relativity 78%)
A.1.1 General
…
(d) Induction training
Induction training will include the following:
(i) basic occupational work health and safety;
A.2.1 General
An employee at this level performs work above and beyond the skills of a Level 1
employee and is competent to perform work within the scope of this level.
…
(d) General description of knowledge required in addition to that outlined in Level
1:
(iv) awareness of occupational work health and safety procedures for pre-
set cutting equipment, and other health and safety procedures; and
A.5.3 Harvesting, milling and processing, Manufacturing or Merchandising
[2017] FWCFB 3433
106
Stage Matter Award code Award Proposed amendment
employee Level 5
…
(d) General description of knowledge required
(vi) knowledge of occupational work health, safety techniques and
legislation for work undertaken at this level;
B.1 Timber furniture production employee, Level 1 (relativity 78%)
A Timber furniture production employee, Level 1 is an employee new to the industry
who is undertaking up to three months’ induction and skill development consistent with
national competency standards to prepare the employee for a productive role in the
industry.
The induction and skill development will include information on the enterprise,
conditions of employment, introduction to supervisors, fellow employees,
machinery and work processes of the enterprise, information on training and
career opportunities, plant layout, work and documentation procedures, basic
occupational work health and safety instruction and quality assurance.
C.1 Indicative tasks/skills
Employees engaged in the classifications contained in this Schedule will work to the
level of their skills, competence and training and will perform work within the scope of
their level as follows:
C.1.1 Level 1 (relativity 85%)
Employee undertakes induction training sufficient to allow the employee to participate
in work training. Can undertake tasks under direct supervision and to the level provided
in the induction training.
…
• occupational work health and safety
…
C.1.6 Level 6 (relativity 105%)
…
• Observes occupational work health and safety and environmental policies,
supervises other employees in safe working practices
…
C.1.7 Level 7 (relativity 110%)
…
[2017] FWCFB 3433
107
Stage Matter Award code Award Proposed amendment
• Carries out risk assessments, rectifies identified hazards, applies occupational
work health and safety and environmental policies, and ensures safe working practices
are followed
…
C.1.8 Level 8 (relativity 115%)
…
• Applies occupational work health and safety and environmental policies and/or
legislation and ensures safe working practices are followed
…
C.1.9 Level 9 (relativity 120%)
…
• Can establish safe working procedures and systems and participates in
the establishment of occupational work health and safety and environmental
policies
1C AM2014/93 MA000089 Vehicle Manufacturing, Repair,
Services and Retail Award 2010
This award is subject to amendments as provided in Full Bench Decision [2016]
FWCFB 4418 , which may impact the award in which the following changes are made.
A.1 Vehicle industry RS&R—employee—Level 1 R1 (entry)
An employee at Level 1 is an employee who has undertaken little or no formal or
informal training. A Level 1 employee may be undertaking up to 38 hours of induction
training. The induction training may include information on the enterprise, conditions of
employment, introduction to supervisors and fellow workers, training and career path
opportunities, plant layout, work and documentation procedures, occupational work
health and safety, equal employment opportunity and quality control/assurance.
B.1 V1—Vehicle industry/production employee Level 1
B.1.1 A Vehicle industry/production employee—Level 1 is an employee undertaking
up to 38 hours’ induction training which may include information on the enterprise,
conditions of employment, introduction to supervisors and fellow workers, training and
career path opportunities, plant layout, work and documentation procedures,
occupational work health and safety, equal employment opportunity and quality
control/assurance.
…
B.11 V11—Vehicle industry engineering associate—Level I
B.11.1 A Vehicle industry engineering associate—Level I means an employee who
works above and beyond a technician at Level V10 and has successfully completed third
http://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb4418.htm
http://www.fwc.gov.au/documents/decisionssigned/html/2016fwcfb4418.htm
[2017] FWCFB 3433
108
Stage Matter Award code Award Proposed amendment
year part-time (or 22 modules) of an Advanced Diploma or equivalent and is engaged
in:
(a) making of major design drawings or graphics or performing technical duties in
a specific field of engineering, laboratory or scientific practice such as research design,
testing, manufacture, assembly, construction, operation, diagnostics and maintenance or
equipment facilities or products, including computer software, quality processes,
occupational work health and safety and/or standards and plant and material security
processes and like work; or
…
B.13 V13—Vehicle industry leading technical officer & Principal engineering
trainer/supervisor/co-ordinator
B.13.1 ….
(a) Principal engineering trainer/supervisor/co-ordinator
(i) A Vehicle industry principal trainer/supervisor/co-ordinator means a
trainer/supervisor/co-ordinator who has completed an Advanced Diploma of
which 15 modules are supervision/training modules or equivalent and who
when engaged in this level:
• possesses a sound knowledge of occupational work health and safety,
industrial relations, and communications processes and is able to use this
knowledge in training and leading work of others; and
…
[2017] FWCFB 3433
109
Attachment D — Overtime meal allowance provisions
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Aboriginal Community
Controlled Health Services
Award 2010
MA000115 15.6(a) Meal allowance Beyond 1 hour after usual finishing
hour
Yes - when
overtime work
exceeds four hours
Will not apply when an employee
could reasonably return home for a
meal within the meal break.
Aged Care Award 2010 MA000018 15.4(a) Meal—first Beyond 1 hour after usual finishing
hour
Yes – when work
exceeds four hours
Will not apply when an employee
could reasonably return home for a
meal within the meal break.
Airline Operations – Ground
Staff Award 2010
MA000048 29.4(a) – (e) Meal Required to work in excess of 1
hour before normal starting time or
in excess of 1 hour after usual
finishing time.
Recalled to duty or required to
work on RDO and works more than
4 hours.
Yes – for each
period of 4 hours
overtime worked.
If recalled to duty or required to
work on RDO, employee must do 4
or more hours of actual work.
Airport Employees Award
2010
MA000049 30.10 Meal Required to work a minimum of 2
hours overtime.
Yes – for each
period of 5 hours
continuous period
of overtime
worked.
Except where
overtime worked on
Sat, Sun, PH, RDO
is planned and
equals standard
day/shift – only one
meal allowance
paid.
Only payable if a meal is not
provided by employer and
employee works overtime
continuous with ordinary duty
without a break for a meal; works
continuous with ordinary duty; or
works overtime on Sat, Sun, PH or
RDO and is granted an unpaid meal
break.
http://www.fwc.gov.au/documents/modern_awards/award/MA000115/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000115/ma000115-19.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000018/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000018/ma000018-19.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000048/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000048/ma000048-34.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000049/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000049/ma000049-35.htm#TopOfPage
[2017] FWCFB 3433
110
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Alpine Resorts Award 2010 MA000092 17.1 Meal Required to work more than 2 hours
overtime.
Must not have been notified
previous day or earlier.
Aluminium Industry Award
2010
MA000060 15.4 Meal For each occasion employee is
entitled to a rest break during
overtime work.
Not paid if employer provides
meal/meal making facilities; or
employee was not notified the
previous day/shift.
Ambulance and Patient
Transport Industry Award
2010
MA000098 15.11(d) Meal More than two hours beyond
normal finishing time.
Animal Care and Veterinary
Services Award 2010
MA000118 16.2(a)(i)-
(ii)
Meal—first Required to work more than 1.5
hours overtime.
Yes - For each
period of 4 hours
overtime worked.
Is not notified prior to completion
of work on the previous day that
overtime is to be worked.
Not payable if an employer
provides a “substantial meal”.
Second and subsequent meal
allowances not payable when
employee notified by the previous
day that the overtime to be worked
would require a second or
subsequent meal.
Amusement, Events and
Recreation Award 2010
MA000080 15.4 Meal Required to work for 2 or more
hours immediately after completion
of ordinary hours.
Not to be paid if employer provides
a meal.
Aquaculture Industry Award
2010
MA000114 15.2 Meal Required to work overtime for
more than more than 2 hours.
Yes – but only if
the employee is not
notified that a
subsequent meal
may be required.
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000092/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000092/ma000092-21.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000060/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000060/ma000060-19.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000098/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000098/ma000098-19.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000118/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000118/ma000118-20.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000118/ma000118-20.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000080/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000080/ma000080-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000114/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000114/ma000114-19.htm#TopOfPage
[2017] FWCFB 3433
111
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Asphalt Industry Award 2010 MA000137 15.4 Meal Required to work more than 1.5
hours after usual ceasing time.
Yes – first
allowance 5.5 hrs
after usual ceasing
time and then each
4 hours thereafter.
Must not have received notification
the previous day or earlier.
Not payable if employer provides
meal.
Banking, Finance and
Insurance Award 2010
MA000019 18.3(a)
Meal—first Required to work 1.5 hours
overtime.
Yes - If overtime
exceeds 5.5 hours.
Period of overtime extends beyond
6.00 pm.
Black Coal Mining Industry
Award 2010
MA000001 17.8 Meal Required to work more than 1.5
hours past rostered shift.
Where overtime worked is not
continuous with rostered hours.
Yes – after each 4
hours of overtime
worked after crib
break.
Yes – after each 5
hours worked.
Only payable if not notified
previous day.
Broadcasting and Recorded
Entertainment Award 2010
MA000091
43.1(b) Meal—technical
staff
Required to work more than 2 hours
overtime.
Is not notified on the previous day
or earlier that they are required to
work.
62.1(a) Meal—artists Required to work not less than 2
hours after employee has completed
8 hrs work. Employee entitled to 2
nd
meal break.
Meal break to commence no later
than 10 hours from commencement
of day’s work.
63(e)
75.4
Meal—Actors
Meal – Motion
Picture
When overtime duty is performed
beyond midnight.
Building and Construction
General On-site Award 2010
MA000020
20.2 Meal Required to work overtime for at
least 1.5 hours after ordinary hours.
Not payable to employee provided
with board/lodging or is receiving
distant job allowance and is
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000054/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000054/ma000054-19.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000019/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000019/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000001/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000001/ma000001-22.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000091/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000091/ma000091-50.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/MA000091/ma000091-72.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000091/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000091/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000020/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000020/ma000020-24.htm#TopOfPage
[2017] FWCFB 3433
112
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
provided with meal.
20.2(c) Meal Operator employee after
completion of each 4 hours from
the commencement of overtime.
Yes- after each 4
hours
Business Equipment Award
2010
MA000021 22.1(d)
Meal Receive allowance for each rest
break described in 30.3(d).
Yes – after each 4
hours.
Not payable if employer provides
meal or employee lives in the same
locality and can return home for a
meal.
Rest break to be taken at
commencement of overtime.
30.3(d)(i)
Required to work overtime.
30.3(d)(ii)
Required to work 2 or more hours
after completion of ordinary
working hours.
Car Parking Award 2010 MA000095 15.3 Meal Required to work more than 2 hours
overtime.
No Not payable if notified previous day
or earlier.
Cement and Lime Award 2010 MA000055 15.7 Meal Required to work 2 or more hours
after normal finishing time.
Yes – 6 or more
hours after normal
finishing time and
then every 4 hours
thereafter.
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000020/ma000020-24.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000021/ma000021-26.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000021/ma000021-35.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000021/ma000021-35.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000095/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000095/ma000095-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000055/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000055/ma000055-19.htm#TopOfPage
[2017] FWCFB 3433
113
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Cemetery Industry Award
2010
MA000070 15.6 Meal Required to work more than 2 hours
after ordinary ceasing time.
Payable for each
meal
Not payable if advised previous
day.
Children’s Services Award
2010
MA000120 15.5 Meal Required to work overtime for
more than 2 hours.
No Not payable if notified the previous
day or earlier; or where meal is
provided by employer; or where
employee could return home.
Cleaning Services Award
2010
MA000022 17.6 Meal Required to work an additional 2
hours.
Not payable if notified the previous
day.
Clerks—Private Sector Award
2010
MA000002 19.3(a) Meal allowance If required to work for more than
1.5 hours of overtime after the
employee’s ordinary time of ending
work
Yes – further
payment when
overtime exceeds 4
hours
Not payable if given 24 hours’
notice
Coal Export Terminals Award
2010
MA000045 14.4 Meal On each occasion the employee is
entitled to a rest break during
overtime work
Yes – each time
employee is entitled
to a rest break.
Not payable if notified previous
day/shift; or
Employee could return home; or
Meal is provided by employer.
Concrete Products Award
2010
MA000056 16.7 Meal Required to work more than 2
hours.
Yes – payment for
subsequent meals.
Not payable if notified on previous
day or earlier.
Contract Call Centres Award
2010
MA000083 20.4 Meal Each occasion that the employee is
entitled to a rest break
Yes – payment for
subsequent meals.
Not payable if notified the previous
day/shift; or
Employee lives in same locality and
could return home.
Corrections and Detention
(Private Sector) Award 2010
MA000110 15.1 Meal allowance If required to perform more than
two hours overtime duty
No Not payable if employer provides
meal
Cotton Ginning Award 2010 MA000024 17.2 Meal Required to work overtime for
more than 1 hour after ordinary
ceasing time.
Not payable if notified the day
before.
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000070/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000070/ma000070-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000120/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000120/ma000120-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000022/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000022/ma000022-21.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000002/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000002/ma000002-23.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000045/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000045/ma000045-18.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000056/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000056/ma000056-20.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000083/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000023/ma000023-24.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000110/ma000110-19.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000024/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000024/ma000024-21.htm#TopOfPage
[2017] FWCFB 3433
114
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Dredging Industry Award
2010
MA000085 15.12 Meal allowance If required to work overtime for
more than 1.5 hours after ordinary
finishing time
Yes – if owing to
amount of overtime
Not payable if employer provides
meal
Dry Cleaning and Laundry
Industry Award 2010
MA000096 15.2 Meal Required to work more than 1 hour
after usual ceasing time.
Not payable if notified the day
prior; or
Employer provides meal.
Educational Services (Post-
Secondary Education) Award
2010
MA000075 15.4 Meal allowance General staff required to work more
than 1.5 hours of overtime after
ordinary time of ending work
without being given 24 hours’
notice
Yes –where
overtime exceeds 4
hours
Not payable if employer provides
meal
MA000075 15.4 Meal allowance General staff who work approved
overtime for more than five hours
on a Saturday or Sunday
Yes –where
overtime exceeds 4
hours
Not payable if employer provides
meal
Educational Services
(Schools) General Staff Award
2010
MA000076 16.3 Meal Required to work more than 2 hours
overtime after the completion of a
full day of work.
Not payable if employee could
return home; or be entitled to meal
provided to boarding students.
Electrical, Electronic and
Communications Contracting
Award 2010
MA000025 17.3 Meal allowance If required to work overtime for 2
or more hours
Yes unless the
employer advises
on the previous day
or earlier that the
amount of overtime
to be worked will
necessitate the
partaking of a
second or
subsequent meal
Not payable if employer provides
meal
Not payable if notified the previous
day or earlier
Not payable if employee could
reasonably return home for meals.
Electrical Power Industry
Award 2010
MA000088 18.1 Meal Required to work not less than 2
hours but not more than 4 hours
Yes – after 4 hours
and each
http://www.fwc.gov.au/documents/modern_awards/award/MA000101/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000085/ma000085-19.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000096/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000096/ma000096-19.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000075/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000075/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000076/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000076/ma000076-20.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000025/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000025/ma000025-21.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000088/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000088/ma000088-22.htm#TopOfPage
[2017] FWCFB 3433
115
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
before or after ordinary rostered
hours. (25.4)
subsequent 4 hours.
Fast Food Industry Award
2010
MA000003 19.1(a) Meal allowance If required to work more than 1
hour of overtime after the
employee’s ordinary time of ending
work
Yes- if overtime
exceeds 4 hours
Will not apply if the employee is
given 24 hours’ notice
Not payable where an employee
could reasonably return home for a
meal within the period allowed
Fire Fighting Industry Award
2010
MA000111 17.2(a) Meal allowance Overtime worked more than 2
hours before or after rostered shift,
on salvage duty, recalled to work or
retained on duty
Yes - every 4 hours Not payable if employer provides a
meal
Fitness Industry Award 2010 MA000094 18.2 Meal allowance If required to work overtime for
more than 1.5 hours immediately
after their ordinary hours of work
No Not payable if employer provides a
meal
Food, Beverage and Tobacco
Manufacturing Award 2010
MA000073 33.10(a) Meal allowance 4 hours after commencing
overtime; or at the commencement
of overtime if working overtime of
1.5 hours or more after completion
of ordinary hours
Every 4 hours Will not apply if notified no later
than the previous day or shift, lives
locally and could reasonably return
home or provided with an adequate
meal by employer
Funeral Industry Award 2010 MA000105 15.1 Meal allowance Overtime of more than 2 hours after
normal ceasing time
Paid allowance for
each meal
Will not apply if notified the
previous day or supplied meal by
employer
Gardening and Landscaping
Services Award 2010
MA000101 15.7 Meal allowance If required to work overtime for 1.5
hours or more immediately after the
completion of ordinary hours of
work on an ordinary working day or
immediately after the completion of
eight hours of work on a Saturday,
Sunday or public holiday
No None
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000088/ma000088-30.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000003/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000003/ma000003-23.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000111/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000111/ma000111-21.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000094/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000094/ma000094-22.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000073/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000073/ma000073-38.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000105/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000105/ma000105-19.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000101/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000101/ma000101-19.htm#TopOfPage
[2017] FWCFB 3433
116
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Gas Industry Award 2010 MA000061 15.2 Meal allowance If required to work 2 hours or more
of overtime
If required to work overtime on
Saturday, Sunday or a public
holiday and such overtime is
worked in excess of four hours
Where overtime
continues for each
additional
consecutive 4 hours
worked
Not payable if a meal is provided
for overtime on Saturday, Sunday, a
public holiday or where overtime
continues for each additional
consecutive 4 hours
General Retail Industry
Award 2010
MA000004 20.1(a) Meal allowance Overtime of more than 1 hour after
ordinary finishing time
After 4 hours Not payable if 24 hours’ notice
given
Will not apply if employee could
reasonably return home
Graphic Arts, Printing and
Publishing Award 2010
MA000026 25.2(b)(i) Meal allowance If employee or adult apprentice
(other than a junior or an
apprentice) is required to work
overtime for more than 1.5 hours
Yes – subsequent
meal break in
accordance with cl
32
Not payable if notified on the
previous day or earlier.
25.2(b)(ii) If employee or an adult apprentice
(other than a junior or an
apprentice) has been so notified of
such overtime and then is not
required to work such overtime.
Yes – subsequent
meal break in
accordance with cl
32
25.2(b)(iii) If a junior or an apprentice (other
than an adult apprentice) is required
to work overtime for more than 1.5
hours.
Yes – subsequent
meal break in
accordance with cl
32
25.2(b)(iv) If an employee works overtime for
3 hours after ordinary finishing
time and does not take a meal break
Yes – subsequent
meal break in
accordance with cl
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000061/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000061/ma000061-19.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000004/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000004/ma000004-24.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000026/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000026/ma000026-29.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000026/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000026/ma000026-29.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000026/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000026/ma000026-29.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000026/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000026/ma000026-29.htm#TopOfPage
[2017] FWCFB 3433
117
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
in accordance with clause 32 32
Hair and Beauty Industry
Award 2010
MA000005 21.2 Meal allowances If required to work more than 1
hour of overtime after the
employee’s ordinary time of ending
work
Yes - where
overtime work
exceeds 4 hours a
further meal
allowance will be
paid
Not payable if employee is given 24
hours’ notice.Not payable if
employer provides meal or where
any employee could reasonably
return home for a meal within the
period allowed
Health Professionals and
Support Services Award 2010
MA000027 18.7(a) Meal allowance Overtime of more than 1 hour after
ordinary finishing time or where the
overtime on a shift for a shiftworker
exceeds one hour
After 4 hours Will not apply if employer supplies
meal or could reasonably return
home
Higher Education Industry–
(General Staff)–Award 2010
MA000007 Schedule C Overtime meal
allowance
If work approved overtime beyond
the ordinary hours of work for more
than 2 hours on weekday or for
more than 5 hours on Saturday and
Sunday
Will not be paid if the employee
can reasonably return home for a
meal and then resume duty or a
meal is provided by the employer
Horse and Greyhound
Training Award 2010
MA000008 14.3(b) Meal—overtime Overtime of more than 1.5 hours
If notified the previous day that
they are to work overtime but are
then not required to work overtime
they will receive the allowance
No mention Not payable if notified the previous
day or earlier
Horticulture Award 2010 MA000028 24.3 Meal allowance If required to work overtime for
more than 2 hours after employee’s
ordinary ceasing time
Yes - If work
extends into a
second or
subsequent meal
break
Not payable if employee notified
before leaving work on the previous
day
Not payable if provided a suitable
meal without cost
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000026/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000005/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000005/ma000005-25.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000027/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000027/ma000027-22.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000007/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000007/ma000007-43.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000008/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000008/ma000008-18.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000028/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000028/ma000028-29.htm#TopOfPage
[2017] FWCFB 3433
118
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Hospitality Industry (General)
Award 2010
MA000009 21.1 Meal allowance If required to work overtime for
more than 2 hours
If given notice of a requirement to
work overtime and employee has
provided a meal and is not required
to work overtime or is required to
work less than the amount advised
Not payable if employee is notified
on the previous day or earlier
Not payable if employer supplies
meal
Hydrocarbons Industry
(Upstream) Award 2010
MA000062 15.4(a) Meal allowance
for overtime work
On each occasion that the employee
is entitled to a rest break during
overtime work
Yes - on each
occasion that the
employee is entitled
to a rest break
during overtime
work
Not payable if employer provides a
meal or meal-making facilities,
notified the employee no later than
the previous day or shift that the
employee would be required to
work the overtime, or employee is
entitled to receive a living away
from home allowance.
Joinery and Building Trades
Award 2010
MA000029 24.2(b) Meal allowance If required to work overtime for at
least 1.5 hours after working
ordinary hours
Not payable in circumstances where
provided for in clause 24.5(a) -
Living away from home for a
distant job
Labour Market Assistance
Industry Award 2010
MA000099 16.1 Meal allowance Where the employee works
overtime in excess of 2 hours on
any of the days upon which
ordinary hours are worked or where
the employee works 5 hours or
more on a day which is not an
ordinary working day
No None
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000009/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000009/ma000009-25.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000062/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000062/ma000062-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000029/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000029/ma000029-28.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000099/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000099/ma000099-20.htm#TopOfPage
[2017] FWCFB 3433
119
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Legal Services Award 2010
MA000116 19.1(a) Meal—overtime
(Monday – Fri)
Payable when required to work not
less than 1 hour of overtime and
such overtime finishes 1.5hrs after
the normal finishing time or 5 hours
after the preceding meal break,
whichever first occurs first.
Or in the case of a shiftworker,
when the overtime on a shift
exceeds one hour
Yes - when
overtime work
exceeds four hours
Will not apply when where the
employer provides a suitable meal
MA000116 19.1(b) Meal—overtime
on Sat/Sun or
RDO for a
shiftworker
5 hours Yes – after 9 hours Does not apply where an employee
could reasonably return home for a
meal within the period allowed
Live Performance Award 2010
MA000081 46.4(a) &
(b)
Meal Where the employee has worked
between 12 midnight and 8.00 am
and who continues to work beyond
8.00 am.
Or
where the employee is required to
work two performances back to
back
Not payable where the employee
commences work at or after 5.00
am.
No Does not apply when where the
employer provides a suitable meal
Local Government Industry
Award 2010
MA000112 15.1 Meal allowance in
relation to
overtime
Employees who work more than 2
hours’ overtime in a minimum of
10 hours on duty
Yes - where the
employer requires
the employee to
continue working
A meal allowance is not payable
where the employee has been
notified at least 24 hours in advance
of the requirement to work
http://www.fwc.gov.au/documents/modern_awards/award/MA000116/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000116/ma000116-23.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000116/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000116/ma000116-23.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000081/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000081/ma000081-53.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000081/ma000081-53.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000112/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000112/ma000112-19.htm#TopOfPage
[2017] FWCFB 3433
120
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
for a further 4 hours
of continuous
overtime work
overtime, the employee is only
required to work less than the time
prescribed; or a meal is provided by
the employer.
Mannequins and Models
Award 2010
MA000117 14.2(c)(i) Meal—1 hour
overtime
Not less than one hour of overtime
(Monday to Saturday inclusive)
after their ordinary time of ending
work
Yes – 4 hours Will not apply when where the
employer provides a suitable meal
(by agreement with employee)
MA000117 14.2(c)(iii) Meal—overtime
on Sunday
4 hours Yes – 8 hours Will not apply when where the
employer provides a suitable meal
(by agreement with employee)
Manufacturing and Associated
Industries and Occupations
Award 2010
MA000010 32.4(f)(ii)
and 40.11(a)
Meal On each occasion that the employee
is entitled to a rest break
Yes – after each 4
hour period
Not payable when employee
notified no later than the previous
day
Not payable if the employee could
reasonably return home
Not payable if the employer
provides an adequate meal.
Marine Tourism and Charter
Vessels Award 2010
MA000093 14.2 Meals on
overtime
When an employee, including a
casual, is required to work overtime
in excess of 1.5 hours before or
after the usual commencing time
Yes – every 4 hours
while overtime
continues
Not payable if employee provided
with a suitable meal free of cost
Meat Industry Award 2010 MA000059 26.2 Meal allowance If required to work overtime for 1.5
hours or more after rostered
finishing time
No None
Miscellaneous Award 2010 MA000104 15.4 Meal—first more than one hour of overtime
after the employee’s ordinary time
of ending work
Yes – 4 hours Doesn’t apply if given more than 24
hours notice
http://www.fwc.gov.au/documents/modern_awards/award/MA000029/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000117/ma000117-18.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000029/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000117/ma000117-18.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000029/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000010/ma000010-36.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000010/ma000010-45.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000093/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000093/ma000093-18.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000059/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000059/ma000059-31.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000104/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000104/ma000104-19.htm
[2017] FWCFB 3433
121
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Mining Industry Award 2010 MA000011 14.4 Meal allowance
for overtime work
On each occasion that the employee
is entitled to a rest break during
overtime work
Not payable if the employer
provides a meal or meal-making
facilities or if the employee was
notified no later than the previous
day or shift that the employee
would be required to work the
overtime
Miscellaneous Award 2010 MA000104 15.4 Meal allowance If required to work more than 1
hour of overtime after the
employee’s ordinary time of ending
work
Yes - If overtime
exceeds 4 hours a
further meal
allowance payable
Not payable if employee is given 24
hours’ notice of the overtime
Not payable if meal provided
Nursery Award 2010 MA000033 20.1(b) Meal More than two hours after the
employee’s ordinary ceasing time
Yes – 5 hours (in
accordance with
second meal break)
Not payable if employee given
more than 24 hours notice or if
provided with a suitable meal
Nurses Award 2010 MA000034 16.3(a) Meal After one hour of usual finishing
time. For shiftworkers, when the
overtime work on any shift exceeds
one hour.
Yes – 4 hours Not payable if the employer
provides a meal or when an
employee could reasonably return
home for a meal within the meal
break.
Oil Refining and
Manufacturing Award 2010
MA000072 15.4(a) Meal On each occasion that the employee
is entitled to a rest break during
overtime work
Yes- on each
occasion
entitlement to a rest
break arises
Not payable if employee notified on
the previous day or shift. Not
payable if the employer provides a
meal or meal making facilities.
Passenger Vehicle
Transportation Award 2010
MA000063 15.2(f) Meal allowance Work more than 2 hours’ overtime
beyond ordinary finishing time
No None
Pastoral Award 2010 MA000035 17.3(g)(i) &
17.3(g)(ii)
and 36.5;
36.10
Meal Required to work overtime more
than 1.5hrs after normal finishing
time
Or if required to work more than
Yes – 4 hours Not payable if the employer
provides a meal or notifies the
employee 1 day prior
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000011/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000011/ma000011-18.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000104/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000104/ma000104-19.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000033/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000033/ma000033-24.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000034/ma000034-20.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000072/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000072/ma000072-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000063/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000063/ma000063-19.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000035/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000035/ma000035-20.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000035/ma000035-20.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000035/ma000035-41.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000035/ma000035-41.htm
[2017] FWCFB 3433
122
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
two hours after ordinary ceasing
time (without being notified before
leaving work on previous day)
Pest Control Industry Award
2010
MA000097 15.5 Meal—overtime Required to work overtime for
more than two hours
Not payable if notified on the
previous day or earlier they are
required to work overtime or if
supplied with a meal
Pharmaceutical Industry
Award 2010
MA000069 19.6 Meal allowance If required to work overtime for any
period in excess of 1.5 hours after
the usual hour of ceasing duty or
after 5.45 pm, whichever is the
earlier
When employee is notified the
previous day of the intention to
work overtime and overtime is not
worked they must also be paid the
meal allowance.
Not payable if supplied with an
adequate meal from the employer’s
canteen
Pharmacy Industry Award
2010
MA000012 19.1(a) Meal—first 6 or more ordinary hours worked
then required to work overtime or
1.5 hours after normal finishing
time
Yes – 4 hours Not payable where employee
notified on the previous day.
Not payable if the employer
provides a meal
Plumbing and Fire Sprinklers
Award 2010
MA000036 21.2(b) Meals If required to work overtime for at
least 1.5 hours after working
ordinary hours
Yes – allowance
payable for each
subsequent 4 hours
The employer may provide a meal
or meals instead of paying any such
allowance
Ports, Harbours and Enclosed
Water Vessels Award 2010
MA000052 14.17 Meal allowances If required to work overtime in
excess of 1.5 hours after the usual
ceasing time
Yes- overtime work
continue for a
further 4 hours
Not payable when employee
notified the previous day
Not payable if provided with
http://www.fwc.gov.au/documents/modern_awards/award/MA000097/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000097/ma000097-19.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000069/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000069/ma000069-23.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000012/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000012/ma000012-23.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000036/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000036/ma000036-25.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000052/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000052/ma000052-18.htm#TopOfPage
[2017] FWCFB 3433
123
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
provided with a suitable meal
Poultry Processing Award
2010
MA000074 20.2(b) Meal allowance If required to work overtime for at
least 1.5 hours after working
ordinary hours
Not payable where a meal is
provided by the employer
Premixed Concrete Award
2010
MA000057 15.7 Meal allowance
for overtime
If required to work overtime for 2
hours or more after their normal
ceasing time
If employee is notified of the
requirement to work overtime but
the employee is not called upon to
work that overtime
Yes – employee
entitled after six
hours or more after
their normal
ceasing time and
every four hours
thereafter
Professional Diving Industry
(Industrial) Award 2010
MA000108 15.5 Meal allowance–
inshore divers
If required to work overtime for
more than 2 hours on any day after
the usual finishing time
Where employees are notified that
they will be required to work
overtime the following day and
such order is cancelled after they
have left work on the day on which
they were notified they will be paid
the meal allowance
Not payable if employees are
notified the previous day that their
services are required or a hot meal
is provided by the employer.
Quarrying Award 2010 MA000037 18.9 Meal allowance
for overtime
If required to work overtime for 2
hours or more after normal ceasing
time
If employee notified of requirement
to work overtime but employee is
Yes - entitled to
meal allowance
again 6 hours or
more after their
normal ceasing time
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000074/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000074/ma000074-24.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000057/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000057/ma000057-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000108/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000108/ma000108-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000037/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000037/ma000037-22.htm#TopOfPage
[2017] FWCFB 3433
124
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
not called upon to work that
overtime
and every 4 hours
thereafter
Racing Clubs Events Award
2010
MA000013 20.6 Meal allowance If required to work overtime for 1.5
hours or more immediately after the
completion of ordinary hours of
work on an ordinary working day or
immediately after the completion of
8 hours of work on a Saturday,
Sunday or public holiday
No Not payable if employer provides a
meal
Racing Industry Ground
Maintenance Award 2010
MA000014 15.7 Meal allowance If required to work overtime for 1.5
hours or more immediately after
completion of ordinary hours of
work on an ordinary working day or
immediately after the completion of
8 hours of work on a Saturday,
Sunday or public holiday
No None
Rail Industry Award 2010 MA000015 15.1(a) Meal allowance If work more than 2 hours’
overtime in a minimum of 10 hours
on duty
No None
Registered and Licensed
Clubs Award 2010
MA000058 18.1 Meal allowance Club employees (other than club
managers) – if required to work
overtime for more than 2 hours
Where employee given notice of a
requirement to work overtime has
provided a meal and is not required
to work overtime or is required to
work less than the amount advised,
the employee must be paid as for
Club employees (other than club
managers) – Not payable when
employee notified on the previous
day or earlier or where a meal is
supplied
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000013/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000013/ma000013-24.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000014/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000014/ma000014-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000015/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000015/ma000015-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000058/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000058/ma000058-22.htm#TopOfPage
[2017] FWCFB 3433
125
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
the meal which they have provided
Restaurant Industry Award
2010
MA000119 24.1 Meal allowance A full-time or part-time employee
required to work overtime for more
than 2 hours
If employee provides meal and is
not required to work overtime or is
required to work less than the
amount advised, the employee will
be paid for the meal which the
employee has provided but which is
surplus
Not payable when employee is
notified on the previous day or
earlier
Road Transport and
Distribution Award 2010
MA000038 26.3 &
16.4(e)
26.3 Meal
allowance
If required to work overtime for 2
continuous hours or more
If required to commence work 2
hours or more prior to the normal
starting time
Not payable if employer supplies a
meal
Salt Industry Award 2010 MA000107 15.4(b) Meal allowance
for overtime work
If required to work more than 2
hours overtime
Not payable if employer provides a
meal or meal-making facilities or if
the employee was notified no later
than the previous day or shift that
the employee would be required to
work the overtime
Seafood Processing Award
2010
MA000068 26.8 Meal allowance On each occasion the employee is
entitled to a rest break in
accordance with clause 26.7
(employee entitled to rest break
after each 4 hours of overtime)
Yes - after each 4
hours
Not payable if employee is a day
worker and was notified no later
than the previous day that they
would be required to work such
overtime,
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000119/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000119/ma000119-28.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000038/ma000038-31.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000038/ma000038-20.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000107/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000107/ma000107-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000068/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000068/ma000068-31.htm#TopOfPage
[2017] FWCFB 3433
126
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
If employee has provided a meal or
meals on the basis that they have
been given notice to work overtime
and is not required to work
overtime or work less than the
amount advised, employee must be
paid the meal allowance for the
meal or meals which they have
provided
employee is a shiftworker and was
notified no later than the previous
day or previous rostered shift that
they would be required to work
overtime,
employee lives in the same locality
as the enterprise and could
reasonably return home for meals
or if theemployee is provided with
an adequate meal by the employer
Security Services Industry
Award 2010
MA000016 15.3 Meal allowance If required to work more than 1
hour beyond the completion of the
employee’s ordinary shift.
Not payable if employee was
notified the previous day of the
requirement to work additional time
Silviculture Award 2010 MA000040 18.4 Meal allowance If required to work in excess of 1.5
hours’ overtime after working
ordinary hours
Not payable if employer provides a
suitable meal
Social, Community, Home
Care and Disability Services
Industry Award 2010
MA000100 28.5 & 20.3
Meal allowances
If required to work more than 1
hour after the usual finishing hour
of work or for shiftworkers, when
the overtime work on any shift
exceeds one hour.
Yes - where
overtime work
exceeds 4 hours
Not payable if employee supplied
with an adequate meal where an
employer has adequate cooking and
dining facilities or if employee
could reasonably return home for a
meal within the meal break
Sporting Organisations Award
2010
MA000082 18.4 Overtime meal
allowance—
clerical and
administrative
staff
Where an employee is required to
work overtime after 7.00 pm
Not payable when the employer
supplies to the employee a
substantial meal
State Government Agencies
Award 2010
MA000121 15.3 Overtime meal
allowance
If required to work overtime which:
immediately follows or
If an employee purchases a meal of
two or more courses at a canteen,
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000016/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000016/ma000016-19.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000040/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000040/ma000040-22.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000100/ma000100-34.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000100/ma000100-25.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000082/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000082/ma000082-22.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000121/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000121/ma000121-19.htm#TopOfPage
[2017] FWCFB 3433
127
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
immediately precedes a
scheduled period of ordinary
duty and is not less than 2
hours;
does not immediately follow or
immediately precede a
scheduled period of ordinary
duty
includes a meal break of not
less than 20 minutes taken prior
to the completion and not less
than four hours after the
commencement of the
overtime, or
where the taking of a meal
break is precluded by reason of
safety requirements, is not less
than 4 hours
cafeteria, mess room or dining
room conducted by the employer
which is less than the allowance,
the employee must be reimbursed
the actual cost of such a meal
instead of the allowance
Stevedoring Industry Award
2010
MA000053 17.3(e) Meal – day
workers
If required to work overtime on a
Saturday or Sunday or a public
holiday
Not payable if the employer
provides a meal
Stevedoring Industry Award
2010
MA000053 18.13(b) Meal –
shiftworkers
If required to work more than an
hour after or before their normal
finishing or starting time including
where a double header is worked
or
required to work overtime on a day
shift on a Saturday or any shift on a
Sunday or public holiday
http://www.fwc.gov.au/documents/modern_awards/award/MA000053/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000053/ma000053-22.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000053/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000053/ma000053-23.htm
[2017] FWCFB 3433
128
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Storage Services and
Wholesale Award 2010
MA000084 16.1 Meal allowance If required to work overtime in
excess of 1 hour after the usual
finishing time
Meal allowance will not be payable
to an employee who can reasonably
return home for a meal.
Sugar Industry Award 2010 MA000087 23.2 Meal—bulk sugar
terminal
employees
If required to work for more than
one hour after the fixed ceasing
time
Yes- each further 4
hours
If employee not notified of
requirement to work overtime in
sufficient time to arrange a meal,
one must be provided free of charge
Sugar Industry Award 2010 MA000087 22.23 Meal—milling,
distillery, refinery
and maintenance
employees
If required to work for more than
one hour after the fixed ceasing
time
Yes- each further 4
hours
If employee not notified of
requirement to work overtime in
sufficient time to arrange a meal,
one must be provided free of charge
Supported Employment
Services Award
MA000103 21.4 & 15.3 Meal allowance An employee working beyond 6.00
pm
Yes - if overtime
continues beyond
10.00 pm
Not payable if provided with
suitable meal
Surveying Award 2010 MA000066 16.1 Meal— Sunday or
public holiday
After 4 hours Yes –4 hours Not payable if the employer
provides an adequate meal
Surveying Award 2010 MA000066 23.7, 23.8 Meal Beyond 2 hours after the usual
finishing time
Yes –4 hours Not payable if the employer
provides an adequate meal
Telecommunications Services
Award 2010
MA000041 17.1(d) Meal After 4 hours Yes –4 hours Not payable if notified no later
than the previous day/previous
rostered shift that they would be
required to work overtime
Textile, Clothing, Footwear
and Associated Industries
Award 2010
MA000017 40.1 Meal breaks If required to work in excess of 1.5
hours overtime
If notice of overtime is given and
then not worked (except as a result
of a breakdown in machinery or
plant) the meal allowance provided
Yes- no later than
four hours after
each meal break
during overtime
Meal allowance does not apply if
the employer provides an adequate
meal.
Subsequent meal allowance not
payable if employer notified
employee on the previous day or
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000084/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000084/ma000084-20.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000087/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000087/ma000087-27.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000087/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000087/ma000087-26.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000103/ma000103-26.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000103/ma000103-19.htm#TopOfPage
http://www.fwc.gov.au/documents/modern_awards/award/MA000112/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000066/ma000066-20.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000066/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000066/ma000066-28.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000041/ma000041-21.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000017/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000017/ma000017-46.htm#TopOfPage
[2017] FWCFB 3433
129
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
must still be paid. earlier, that such second or
subsequent meal will also be
required
employee will not be entitled to the
meal break (and meal allowance) if
the overtime is worked on a day
where there is an early finishing
time, except where a total of five
and a half hours will be worked
(inclusive of overtime) following
the midday meal break
Timber Industry Award 2010 MA000071 21.6 Meal allowance If required to work overtime for 2
hours or more without being
notified the day before that the
employee will be so required to
work
If employee provides meal and is
not required to work overtime or is
required to work less than the
amount advised the employee will
be paid as for the meal provided.
Yes – after further 4
hours’ overtime
Not payable if employer supplies
meal or employees live in the same
locality as their place of
employment and can reasonably
return home for meal
Subsequent allowance not payable
if employer advises an employee on
the previous day that the amount of
overtime to be worked will
necessitate a second or subsequent
meal
Transport (Cash in Transit)
Award 2010
MA000042 16.2(d) Meal allowance If required to continue working
after 6.00 pm on Monday to Friday
inclusive or after 1.00 pm on
Not payable if employee continues
working because of the employee’s
own default or delay
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000071/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000071/ma000071-25.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000042/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000042/ma000042-20.htm#TopOfPage
[2017] FWCFB 3433
130
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
Saturday
Vehicle Manufacturing,
Repair, Services and Retail
Award 2010
MA000089 19.5(b); Meal If required to work overtime for
more than one and a half hours
Does not apply to employees
principally employed to perform
vehicle sales related duties.
Not payable when employee
notified on the previous day or
earlier that overtime would be
required.
Second or subsequent meal only
payable if the employee not notified
that the overtime would necessitate
the taking of a second or
subsequent meal.
Not payable to an employee who
could reasonably return home.
Vehicle Manufacturing,
Repair, Services and Retail
Award 2010
MA000089 44.7(b) Meal Applicable where vehicle industry
RS&R employees are required to
work for more than 2 houras after
6pm
Not payable when employee
notified on previous day or earlier
Not payable if the employee could
reasonably return home.
Vehicle Manufacturing,
Repair, Services and Retail
Award 2010
MA000089 61.4 Meal—overtime Applicable where drafting, planning
and technical employees are
required to work more than one and
a half hours overtime after working
Yes –4 hours Not payable if the employer
provides a meal
http://www.fwc.gov.au/documents/modern_awards/award/MA000117/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000089/ma000089-23.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000117/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000117/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000089/ma000089-70.htm
[2017] FWCFB 3433
131
Award title Award code Clause
number
Allowance Qualifying conditions Subsequent
payment or
conditions
(Y/N)
Restrictions
ordinary hours
Waste Management Award
2010
MA000043 29.9(c) Meal–overtime Required to work 2 hours or more
of overtime
Not payable if prior notification
given
Waste Management Award
2010
MA000043 29.9(d) Meal–overtime Required to commence work two
hours or more prior to the normal
agreed starting time
No None
Water Industry Award 2010 MA000113 19.2(a) Meal—first When required to work more than 2
hours of overtime or more than 10
continuous hours on any one day
(exclusive of unpaid meal breaks)
Yes –4 hours Not payable where the employee
has been notified in advance of the
requirement to work overtime or
where a meal is provided by the
employer
Wine Industry Award 2010 MA000090 24.3 Meal allowance On each occasion they work
overtime in excess of 2 hours
following their ordinary day or
shift.
Meal allowance need not be made
to an employee who can reasonably
return home for a meal or who has
been notified the day before that
they will be required to work
overtime or where the employee is
provided with an adequate meal by
the employer.
Wool Storage, Sampling and
Testing Award 2010
MA000044 17.3
Meal allowance
for overtime work
On each occasion that the employee
is entitled to a rest break during
overtime work
Yes – on each
occasion entitled to
rest break.
Allowance is not required to be
paid if the employer provides a
meal or meal-making facilities or if
the employee was notified no later
than the previous day or shift that
they would be required to work the
overtime
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000043/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000043/default.htm
http://www.fwc.gov.au/documents/modern_awards/award/MA000113/ma000113-23.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000090/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000090/ma000090-28.htm#TopOfPage
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000044/default.htm
https://www.fwc.gov.au/documents/documents/modern_awards/award/ma000044/ma000044-21.htm#TopOfPage
