MA000118  PR714194
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2014/199)

ANIMAL CARE AND VETERINARY SERVICES AWARD 2010
[MA000118]

Animal care and veterinary services

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 25 NOVEMBER 2019

4 yearly review of modern awards – Animal Care and Veterinary Services Award 2010 – modern award varied.

A. Further to the decisions issued by the Full Bench of the Fair Work Commission on 24 October 2019 [[2019] FWCFB 7173] and 25 November 2019 [[2019] FWCFB 7854] the Animal Care and Veterinary Services Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation from 4 February 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 4 February 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Animal Care and Veterinary Services Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards 4
4. Coverage 4
5. Individual flexibility arrangements 6
6. Requests for flexible working arrangements 7
7. Facilitative provisions 8
Part 2— Types of Employment and Classifications 9
8. Types of employment 9
9. Full-time employees 9
10. Part-time employees 9
11. Casual employees 10
12. Classifications 12
Part 3— Hours of Work 12
13. Ordinary hours of work and rostering 12
14. Breaks 13
Part 4— Wages and Allowances 14
15. Minimum rates 14
16. Allowances 16
17. Payment of wages 19
18. Professional development and indemnity (veterinary surgeons only) 20
19. Superannuation 21
Part 5— Overtime and Penalty Rates 22
20. Overtime 22
21. Penalty rates—employees other than veterinary surgeons 25
Part 6— Leave and Public Holidays 26
22. Annual leave 26
23. Personal/carer’s leave and compassionate leave 30
24. Parental leave and related entitlements 30
25. Community service leave 30
26. Unpaid family and domestic violence leave 30
27. Public holidays 31
Part 7— Consultation and Dispute Resolution 33
28. Consultation about major workplace change 33
29. Consultation about changes to rosters or hours of work 34
30. Dispute resolution 34
Part 8— Termination of Employment and Redundancy 35
31. Termination of employment 35
32. Redundancy 36
Schedule A —Classification Definitions 38
Schedule B —Summary of Hourly Rates of Pay 44
Schedule C —Summary of Monetary Allowances 50
Schedule D —Supported Wage System 52
Schedule E —Agreement for Time Off Instead of Payment for Overtime 55
Schedule F —Agreement to Take Annual Leave in Advance 56
Schedule G —Agreement to Cash Out Annual Leave 57
Schedule H —Part-day Public Holidays 58

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Animal Care and Veterinary Services Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award, unless the contrary intention appears:

3. The National Employment Standards

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

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

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

4. Coverage

4.1 This award covers employers throughout Australia in the veterinary surgery industry and the animal care industry and their employees in the classifications listed in Schedule A—Classification Definitions to the exclusion of any other modern award.

4.2 The veterinary surgery industry means private veterinary surgery practices.

4.3 The animal care industry means community-based charity organisations working to prevent cruelty to animals by actively promoting their care and protection and educating people in the care of animals.

4.4 The award does not cover employers in the following industries:

(a) Amusement, Events and Recreation Award 2010;

(b) Food, Beverage and Tobacco Manufacturing Award 2010;

(c) Horse and Greyhound Training Award 2010; and

(d) Pastoral Award 2010.

4.5 This award covers any employer which supplies labour on an on-hire basis in the veterinary surgery industry and the animal care industry 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 those industries. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award covers employers which provide group training services for trainees engaged in the veterinary surgery and animal care industries and/or parts of those industries and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.

4.7 This award does not cover

(a) employees excluded from award coverage by 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)), or employers in relation to those employees.

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

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3(a) applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

6.4 What the written response must include if a different change in working arrangements is agreed

6.5 Dispute resolution

6.6 Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 5, can be dealt with under clause 30Dispute resolution.

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

13.2(c)

Span of hours—day work

An individual

14.1

Unpaid meal break

An individual

14.2(d)

Paid rest break

 

17.1(c)

Frequency of payment

An individual

20.2(b)

Veterinary surgeons

An individual

20.3

Time off instead of payment for overtime

An individual

22.4

Annual leave in advance

An individual

22.6

Cashing out of annual leave

An individual

Part 2—Types of Employment and Classifications

8. Types of employment

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

(a) full-time;

(b) part-time; or

(c) casual.

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

9. Full-time employees

A full-time employee is engaged for an average of 38 ordinary hours per week.

10. Part-time employees

10.1 A part-time employee is an employee who is engaged to perform less than 38 ordinary hours on a regular basis.

10.2 Part-time employees receive equivalent pay and conditions to those of full-time employees on a pro rata basis.

11. Casual employees

11.1 A casual employee is an employee engaged and paid as a casual employee.

11.2 A casual employee must be paid for each hour worked:

(a) the minimum hourly rate; and

(b) a loading of 25% of the minimum hourly rate,

11.3 This loading is paid instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.

11.4 Casual employees are entitled to a minimum payment of 3 hours’ work at the appropriate rate.

11.5 The minimum engagement period for an employee will be 2.5 hours if all of the following circumstances apply:

(a) the employee is a full-time secondary school student; and

(b) the employee is engaged to work between the hours of 3.00 pm and 7.00 pm on a day which they are required to attend school; and

(c) the employee agrees to work, and a parent or guardian of the employee agrees to allow the employee to work, a shorter period than 3 hours; and

(d) employment for a longer period than the period of the engagement is not possible either because of the operational requirements of the employer or the unavailability of the employee.

11.6 Right to request casual conversion

(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

(e) Any request under clause 11.6 must be in writing and provided to the employer.

(f) Where a regular casual employee seeks to convert to full-time or part-time employment, the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

(g) Reasonable grounds for refusal include that:

(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(j) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 30Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(k) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 11.6, the employer and employee must discuss and record in writing:

(l) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(m) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer.

(n) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 11.6.

(o) Nothing in clause 11.6 obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.

(p) Nothing in clause 11.6 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(q) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of clause 11.6 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of clause 11.6 by 1 January 2019.

(r) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 11.6(q).

12. Classifications

12.1 A description of the classifications under this award is set out Schedule A—Classification Definitions.

12.2 All employees covered by this award must be classified according to the structure set out in Schedule A—Classification Definitions.

12.3 Employers must advise their employees in writing of their classification and of any changes to their classification.

12.4 The employer must determine the employee’s classification based on the skill level or levels that the employee requires to carry out the principal functions of their employment. The principal functions of employment will be determined by the employer.

Part 3—Hours of Work

13. Ordinary hours of work and rostering

13.1 Weekly hours of work

(a) The ordinary hours of work are an average of 38 per week. The averaged hours must not exceed 152 hours in 28 days, or an average of 38 hours over the period of an agreed roster cycle.

(b) The maximum length of the ordinary hours for any one shift must not exceed 10 hours not including meal breaks.

13.2 Span of hours—day work

(a) The ordinary hours of work will be between 6.00 am and 9.00 pm Monday to Sunday.

(b) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.

(c) The employer and an individual employee may agree to alter the span of hours.

13.3 Veterinary surgeons

(a) Time taken for travel required in the performance of duties, except for active on-call duty, will contribute to hours of work. Required in the performance of duties includes travel additional to one return trip between the associate’s place of residence and the place of work in any one day and travel between different locations of a practice.

(b) Daily work rosters will be published at least one month in advance. All annual holiday and public holiday rosters will be published at least 2 months in advance.

(c) Associates, other than casuals, should receive a minimum of 3 full days off per fortnight. Days off and time off instead will accumulate if not given. However, if these days are not used within 6 weeks they must be paid out at the associate’s ordinary rate of pay.

13.4 Make-up time

14. Breaks

14.1 Unpaid meal break

14.2 Paid rest break

(a) All employees (other than associates) must receive, where practicable, a paid rest break of 10 minutes after 4 hours work.

(b) Where the employee works 7.6 hours per day the employee will be entitled to 2 10 minute paid rest breaks.

(c) Rest breaks will be taken at times that do not interfere with continuity of work where continuity is necessary.

(d) Where there is agreement, rest breaks can be combined into one 20 minute paid rest break.

(e) Rest breaks are to be counted as part of time worked.

Part 4—Wages and Allowances

15. Minimum rates

15.1 Animal care industry inspectors

Classification

Minimum annual salary
$

Minimum hourly rate
$

Inspector Level 1

52,080

26.36

Inspector Level 2

54,945

27.81

Senior Inspector Level 3

59,363

30.04

15.2 Practice managers, Veterinary nurses, Receptionists, Animal attendants and Assistants

Classification

Minimum weekly rate
$

(full-time employee)

Minimum hourly rate
$

Introductory level

740.80

19.49

Level 1

762.10

20.06

Level 2

826.60

21.75

Level 3

862.50

22.70

Level 4

941.10

24.77

Level 5—Practice manager

988.80

26.02

15.3 Veterinary surgeons

Classification

Minimum annual salary$

Minimum hourly rate
$

Level 1A

52,080

26.36

Level 1B

54,945

27.81

Level 2

59,363

30.04

Level 3

65,217

33.01

Level 4

73,667

37.28

15.4 Junior rates

Age

%

16 years of age or under

50

17 years of age

60

18 years of age

70

19 years of age

80

20 years of age

90

15.5 Supported wage system

15.6 National training wage

(a) Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2019. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Animal Care and Veterinary Services Award 2020 and not the Miscellaneous Award 2010.

15.7 Higher duties

16. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

16.1 Employers must pay to an employee the allowances the employee is entitled to under clause 16. See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

16.2 Wage-related allowances—other than veterinary surgeons

16.3 Wage-related allowances—veterinary surgeons

16.4 Expense-related allowances—all employees

16.5 Expense-related allowances—other than veterinary surgeons

16.6 Expense-related allowances—veterinary surgeons

17. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

17.1 Frequency of payment

(a) Associates must be paid at least monthly. This payment must include all earnings verified to the employer at that date.

(b) It is the duty of the employer to ensure that payment is made on a set day and preferably at a regular time. It is the duty of the associate to provide all information concerning claims prior to the processing of such payment.

(c) Employees other than associates must be paid weekly, or if the employer and employee agree, fortnightly or monthly.

17.2 Method of payment

17.3 Day off coinciding with payday

17.4 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(b) The requirement to pay wages and other amounts under clause 17.4(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

18. Professional development and indemnity (veterinary surgeons only)

18.1 Clause 18 applies only to veterinary surgeons.

18.2 Residency/internship

(a) A veterinary surgeon undertaking a program of residency or internship must receive payment in accordance with the award for required practice duties.

(b) At the commencement of the residency or internship an agreement will be entered into which includes clarification of the following matters:

(c) For the purpose of clause 18.2, required practice means the agreed clinical duties and responsibilities primarily associated with the training program in which the veterinary surgeon is currently engaged.

(d) Agreements under clause 18.2 must be recorded in writing and kept as a part of the time and wages records kept by the employer.

18.3 To facilitate skill acquisition and career progression, a full-time associate is entitled to one week’s paid study leave, at the associate’s ordinary rate of pay, for each completed year of service. A part-time associate is entitled to such leave on a pro rata basis.

18.4 The employer and the associate should agree on criteria for professional development having regard to the cost, accessibility and availability of courses relevant to the practice needs and the number of veterinarians seeking such opportunity.

18.5 The employer must pay any course registration fees for agreed professional development activities. The employer, at its discretion, may agree with the associate to pay for other expenses relating to these activities (travel, accommodation, etc.).

18.6 Where the employer pays course registration fees, the associate has the duty to disseminate the knowledge gained to other members of the practice in which they are employed. All conference publications from paid courses remain the property of the employer.

18.7 On request, the employer must provide all associates, including part-time and casual associates, with written proof that the employer holds professional indemnity and public liability insurance to cover the associate in relation to the exercise of the associate’s duties with the employer.

19. Superannuation

19.1 Superannuation legislation

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

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

19.2 Employer contributions

19.3 Voluntary employee contributions

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

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

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

19.4 Superannuation fund

(a) AustralianSuper;

(b) Statewide Superannuation Trust;

(c) Tasplan;

(d) CareSuper;

(e) Sunsuper;

(f) AustSafe Super;

(g) GuildSuper;

(h) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund or its successor fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(i) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Overtime and Penalty Rates

20. Overtime

20.1 Employees other than veterinary surgeons

(a) Overtime rates must be paid in accordance with clause 20.1(b) as follows:

(c) In calculating overtime, each day’s work stands alone.

20.2 Veterinary surgeons

(a) Employers will compensate associates for time worked in addition to 38 hours per week, except when the associate is on-call, either by:

(b) An allowance instead of some or all of the amounts otherwise payable under clause 20.2(a) may be paid where the associate and employer reach agreement. The allowance and any other payments for extra hours are not to be less than would otherwise have been payable under clause 20.2(a) calculated over a calendar year.

(c) Agreements under clause 20.2 must be recorded in writing.

20.3 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 20.3.

(c) An agreement must state each of the following:

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

(e) Time off must be taken:

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.3 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.3(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 20.3 as an employee record.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.3 will apply, including the requirement for separate written agreements under clause 20.3(b) for overtime that has been worked.

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 20.3 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

21. Penalty rates—employees other than veterinary surgeons

21.1 Weekend rates and public holiday penalties—other than shiftwork

 

Full time and part-time employees

Casual employees

 

% of minimum hourly rate

Saturday

First 3 hours (after 1 pm)

150

175

After 3 hours

200

225

Sunday

200

225

Public holiday1

250

275

21.2 Shiftwork penalty rates

(a) 115% of the minimum hourly rate for a shift finishing after 8.00 pm;

(b) 130% of the minimum hourly rate for a shift where the majority of hours on the shift occur between the hours of midnight and 8.00 am; and

(c) 115% of the minimum hourly rate for a shift commencing at or before 6.30 am.

(d) Overtime rates for shiftwork are paid instead of the shiftwork penalty rates in clause 20.1(a)(ii).

21.3 Weekend and public holiday rates—shiftwork

(a) 150% of the minimum hourly rate for ordinary hours on a Saturday shift;

(b) 200% of the minimum hourly rate for ordinary hours on a Sunday shift; and

(c) 250% of the minimum hourly rate for ordinary hours on a public holiday shift.

21.4 Transfer to or from shiftwork

Part 6—Leave and Public Holidays

22. Annual leave

22.1 Annual leave is provided for in the NES.

22.2 Definition of shiftworker

22.3 Annual leave loading

(a) During a period of annual leave an employee will receive their minimum hourly rate plus a loading calculated on the rate of wage prescribed in clause 15Minimum rates. Annual leave loading is payable on leave accrued.

(b) The loading is as follows:

22.4 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 22.4 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.4, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

22.5 Requirement to take leave during close-down

22.6 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.6.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.6.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 22.6 must state:

(e) An agreement under clause 22.6 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 22.6 as an employee record.

22.7 Excessive leave accruals: general provision

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2).

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 22.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 22.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

22.8 Excessive leave accruals: direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 22.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 22.8(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 22.8(a) that is in effect.

(d) An employee to whom a direction has been given under clause 22.8(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 22.8(d) may result in the direction ceasing to have effect. See clause 22.8(b)(i).

NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

22.9 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 22.9(a) if:

(c) A notice given by an employee under clause 22.9(a) must not:

(d) An employee is not entitled to request by a notice under clause 22.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 22.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 22.9(a).

23. Personal/carer’s leave and compassionate leave

23.1 Personal/carer’s leave and compassionate leave are provided for in the NES. Casual employees are not entitled to paid personal/carer’s leave or paid compassionate leave.

23.2 Personal/carer’s leave for casual employees

(a) Casual employees are entitled to be not available for work or to leave work to care for a person who is sick and requires care and support or who requires care due to an emergency.

(b) A casual employee is entitled to be absent for a maximum of 48 hours. Any leave in excess of the 48 hours is to be by agreement with the employer.

(c) Absence under clause 23.2 is unpaid.

24. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

25. Community service leave

Community service leave is provided for in the NES.

26. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

27. Public holidays

27.1 Public holidays are provided for in the NES.

27.2 Payment for public holidays—other than veterinary surgeons

(a) Work on a public holiday or a substituted day must be paid for at 250% of the minimum hourly rate with a minimum payment of 4 hours provided the employee is available to work 4 hours.

(b) Where both a public holiday and substitute day are worked, public holiday penalties are payable on one of those days at the election of the employee.

27.3 Payment for public holidays—veterinary surgeons

27.4 Special provisions for associates who normally work on weekends

(a) Clause 27.4 applies to full-time associates who do not regularly work a 5 day Monday to Friday week, or part-time associates who work an average of 5 days per week and regularly work on Saturday and/or Sunday.

(b) Associates defined in clause 27.4(b) will not be disadvantaged if a prescribed public holiday falls on a day when they would not be working. The appropriate compensation is:

(c) Where a public holiday falls on a Saturday or Sunday and is the subject of a substitution provision:

(d) For the purpose of clause 27.4, an alternative day off means:

(e) Full-time associates who do not work a 5 day week should be paid for the hours worked and 7.6 hours where a public holiday falls on a day they do not work.

27.5 Part-day public holidays

Part 7—Consultation and Dispute Resolution

28. Consultation about major workplace change

28.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(c) commence discussions as soon as practicable after a definite decision has been made.

28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).

28.5 In clause 28 significant effects, on employees, includes any of the following:

(a) termination of employment; or

(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c) loss of, or reduction in, job or promotion opportunities; or

(d) loss of, or reduction in, job tenure; or

(e) alteration of hours of work; or

(f) the need for employees to be retrained or transferred to other work or locations; or

(g) job restructuring.

28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.

29. Consultation about changes to rosters or hours of work

29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

29.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

29.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

29.4 The employer must consider any views given under clause 29.3(b).

29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

30. Dispute resolution

30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

30.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.

30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.

30.8 While procedures are being followed under clause 30 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

30.9 Clause 30.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

31. Termination of employment

NOTE: Sections 117 and 123 of the Act set out requirements for notice of termination by an employer under the NES. Clause 31.1 requires an employer to give a greater minimum period of notice than that generally required under the NES.

31.1 Notice of termination or payment instead of notice by the employer

(a) Clause 31.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) The employer must give an employee notice of termination of employment or payment instead of notice as required under sections 117(1) and 117(2) of the Act, except that the minimum period of notice is:

31.2 Notice of termination by an employee

(a) Clause 31.2 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer at least one month’s notice of termination of employment.

(c) If an employee who is at least 18 years old does not give the period of notice required under clause 31.2(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(d) If the employer has agreed to a shorter period of notice than that required under clause 31.2(b), then no deduction can be made under clause 31.2(c).

(e) Any deduction made under clause 31.2(c) must not be unreasonable in the circumstances.

31.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 31.3 is to be taken at times that are convenient to the employee after consultation with the employer.

32. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

32.1 Transfer to lower paid duties on redundancy

(a) Clause 32.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 32.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

32.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 32 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

32.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 32.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 32.3(b).

(d) An employee who fails to produce proof when required under clause 32.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 31.3.

Schedule A—Classification Definitions
Indicative tasks

The indicative tasks are a non-exhaustive list of duties/tasks that may be utilised within the particular level. They are an indicative guide only, however, they may be used as an accompaniment to the classification criteria in this Schedule in order to assist in the classification of employees when difficulties are experienced in assessment against the classification criteria alone. The indicative tasks should not be used in place of the classification criteria when classifying an employee.

Employees at any particular level may be expected to undertake duties/tasks of any level lower than the employee’s own, in addition to the duties/tasks specified at the employee’s level in which they are employed. The employee may perform one such duty/task, or many of them, depending on the particular work allocated and may also be required to work flexibly across different work areas within the employee’s sector where sectors are prescribed, providing the employees have been trained to carry out the tasks required.

A.1 Animal care industry inspectors
A.1.1 Inspector Level 1

A.1.2 Inspector Level 2

A.1.3 Senior Inspector Level 3

A.2 Practice managers, Veterinary nurses, Receptionists, Animal attendants and Assistants
A.2.1 Introductory level

A.2.2 Level 1

A.2.3 Level 2

A.2.4 Level 3

A.2.5 Level 4

A.2.6 Level 5—Practice manager

A.3 Veterinary surgeons
A.3.1 Level 1A

A.3.2 Level 1B

A.3.3 Level 2

A.3.4 Level 3

A.3.5 Level 4

Schedule B—Summary of Hourly Rates of Pay
B.1 Full-time and part-time employees
B.1.1 Animal care industry inspectors—employees other than shiftworkers—ordinary and penalty rates

 Classification

Minimum hourly rate

Saturday after 1.00 pm

Sunday

Public holiday

First 3 hours

After 3 hours

 

% of minimum hourly rate

 

100%

150%

200%

200%

250%

 

$

$

$

$

$

Inspector Level 1

26.36

39.54

52.72

52.72

65.90

Inspector Level 2

27.81

41.72

55.62

55.62

69.53

Senior Inspector Level 3

30.04

45.06

60.08

60.08

75.10

B.1.2 Animal care industry inspectors—shiftworkers—penalty rates

 Classification

Monday to Friday

Saturday

Sunday

Public holiday

Morning shift1 and afternoon shift2

Night shift3

 

% of minimum hourly rate

 

115%

130%

150%

200%

250%

 

$

$

$

$

$

Inspector Level 1

30.31

34.27

39.54

52.72

65.90

Inspector Level 2

31.98

36.15

41.72

55.62

69.53

Senior Inspector Level 3

34.55

39.05

45.06

60.08

75.10

1 Morning shift means a shift that commences before 6.30 am.

2 Afternoon shift means a shift that finishes after 8.00 pm.

3 Night shift means a shift where the majority of hours occur between midnight and 8 am.

B.1.3 Animal care industry inspectors—overtime rates

 Classification

Monday to Saturday

Sunday – all day

First 3 hours

After 3 hours

 

% of minimum hourly rate

 

150%

200%

200%

 

$

$

$

Inspector Level 1

39.54

52.72

52.72

Inspector Level 2

41.72

55.62

55.62

Senior Inspector Level 3

45.06

60.08

60.08

B.1.4 Practice managers, veterinary nurses, animal attendants and assistants—employees other than shiftworkers—ordinary and penalty rates

 Classification

Minimum hourly rate

Saturday after 1.00 pm

Sunday

Public holiday

First 3 hours

After 3 hours

 

% of minimum hourly rate

 

100%

150%

200%

200%

250%

 

$

$

$

$

$

Introductory level

19.49

29.24

38.98

38.98

48.73

Level 1

20.06

30.09

40.12

40.12

50.15

Level 2

21.75

32.63

43.50

43.50

54.38

Level 3

22.70

34.05

45.40

45.40

56.75

Level 4

24.77

37.16

49.54

49.54

61.93

Level 5—Practice Manager

26.02

39.03

52.04

52.04

65.05

B.1.5 Practice managers, veterinary nurses, animal attendants and assistants—shiftworkers—ordinary and penalty rates

 Classification

Monday to Friday

Saturday

Sunday

Public holiday

Morning shift1 and afternoon shift2

Night shift3

 

% of minimum hourly rate

 

115%

130%

150%

200%

250%

 

$

$

$

$

$

Introductory level

22.41

25.34

29.24

38.98

48.73

Level 1

23.07

26.08

30.09

40.12

50.15

Level 2

25.01

28.28

32.63

43.50

54.38

Level 3

26.11

29.51

34.05

45.40

56.75

Level 4

28.49

32.20

37.16

49.54

61.93

Level 5—Practice Manager

29.92

33.83

39.03

52.04

65.05

1 Morning shift means a shift that commences before 6.30 am.

2 Afternoon shift means a shift that finishes after 8.00 pm.

3 Night shift means a shift where the majority of hours occur between midnight and 8 am.

B.1.6 Practice managers, veterinary nurses, animal attendants and assistants—overtime rates

 Classification

Monday to Saturday

Sunday – all day

First 3 hours

After 3 hours

 

% of minimum hourly rate

 

150%

200%

200%

 

$

$

$

Introductory level

29.24

38.98

38.98

Level 1

30.09

40.12

40.12

Level 2

32.63

43.50

43.50

Level 3

34.05

45.40

45.40

Level 4

37.16

49.54

49.54

Level 5—Practice Manager

39.03

52.04

52.04

B.1.7 Veterinary surgeons—ordinary and penalty rates

 Classification

Minimum hourly rate

Public holiday1

 

% of minimum hourly rate

 

100%

200%

 

$

$

Level 1A

26.36

52.72

Level 1B

27.81

55.62

Level 2

30.04

60.08

Level 3

33.01

66.02

Level 4

37.28

74.56

1 For full public holiday entitlement see clause 27Public holidays.

B.2 Casual employees
B.2.1 Animal care industry inspectors—employees other than shiftworkers—casual and penalty rates

 Classification

Casual hourly rate

Saturday after 1.00 pm

Sunday

Public holiday

First 3 hours

After 3 hours

 

% of minimum hourly rate

 

125%

175%

225%

225%

275%

 

$

$

$

$

$

Inspector Level 1

32.95

46.13

59.31

59.31

72.49

Inspector Level 2

34.76

48.67

62.57

62.57

76.48

Senior Inspector Level 3

37.55

52.57

67.59

67.59

82.61

B.2.2 Animal care industry inspectors—shiftworkers—casual and penalty rates

 Classification

Monday to Friday

Saturday

Sunday

Public holiday

Morning shift1 and afternoon shift2

Night shift3

 

% of minimum hourly rate

 

140%

155%

175%

225%

275%

 

$

$

$

$

$

Inspector Level 1

36.90

40.86

46.13

59.31

72.49

Inspector Level 2

38.93

43.11

48.67

62.57

76.48

Senior Inspector Level 3

42.06

46.56

52.57

67.59

82.61

1 Morning shift means a shift that commences before 6.30 am.

2 Afternoon shift means a shift that finishes after 8.00 pm.

3 Night shift means a shift where the majority of hours occur between midnight and 8 am.

B.2.3 Practice managers, veterinary nurses, animal attendants and assistants—employees other than shiftworkers—casual and penalty rates

 Classification

Casual hourly rate

Saturday after 1.00 pm

Sunday

Public holiday

First 3 hours

After 3 hours

 

% of minimum hourly rate

 

125%

175%

225%

225%

275%

 

$

$

$

$

$

Introductory level

24.36

34.11

43.85

43.85

53.60

Level 1

25.08

35.11

45.14

45.14

55.17

Level 2

27.19

38.06

48.94

48.94

59.81

Level 3

28.38

39.73

51.08

51.08

62.43

Level 4

30.96

43.35

55.73

55.73

68.12

Level 5—Practice Manager

32.53

45.54

58.55

58.55

71.56

B.2.4 Practice managers, veterinary nurses, animal attendants and assistants—shiftworkers—casual and penalty rates

 Classification

Monday to Friday

Saturday

Sunday

Public holiday

Morning shift1 and afternoon shift2

Night shift3

 

% of minimum hourly rate

 

140%

155%

175%

225%

275%

 

$

$

$

$

$

Introductory level

27.29

30.21

34.11

43.85

53.60

Level 1

28.08

31.09

35.11

45.14

55.17

Level 2

30.45

33.71

38.06

48.94

59.81

Level 3

31.78

35.19

39.73

51.08

62.43

Level 4

34.68

38.39

43.35

55.73

68.12

Level 5—Practice Manager

36.43

40.33

45.54

58.55

71.56

1 Morning shift means a shift that commences before 6.30 am.

2 Afternoon shift means a shift that finishes after 8.00 pm.

3 Night shift means a shift where the majority of hours occur between midnight and 8.00 am.

B.2.5 Veterinary surgeons—casual and penalty rates

 Classification

Casual hourly rate

Public holiday1

 

% of minimum hourly rate

 

125%

225%

 

$

$

Level 1A

32.95

59.31

Level 1B

34.76

62.57

Level 2

37.55

67.59

Level 3

41.26

74.27

Level 4

46.60

83.88

1 For full public holiday entitlement see clause 27Public holidays.

Schedule C—Summary of Monetary Allowances

See clause 16Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2Definitions as the minimum weekly rate for a Level 3 in clause 15.2 = $862.50.

Allowance

Clause

% of standard rate

$

Payable

Veterinary surgeons

       

On-call duty allowance

16.3(a)

5.06

43.64

per each period of duty

Other than veterinary surgeons

       

Broken shift allowance

16.2(a)

1.60

13.80

per shift

First aid allowance

16.2(b)

1.96

16.91

per week

On-call allowance—Monday to Friday

16.2(c)(i)

2.07

17.85

per each 24 hour period or part thereof

On-call allowance—Saturday

16.2(c)(ii)

3.11

26.82

per each 24 hour period or part thereof

On-call allowance—Sunday, public holiday or off duty day

16.2(c)(iii)

3.62

31.22

per each 24 hour period or part thereof

C.1.2 Adjustment of wage-related allowances

C.2 Expense-related allowances
C.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 16.5 and 16.4:

Allowance

Clause

$

Payable

Other than veterinary surgeons

     

Meal allowance—overtime for more than one and a half hours without prescribed notice—first meal

16.5(a)(i)

11.99

per occasion

Meal allowance—overtime for more than one and a half hours without prescribed notice—second and subsequent meal/s

16.5(a)(i)

10.30

per occasion

All employees

     

Clothing and laundry allowance

16.4(a)

6.51

per week

Vehicle/travel allowance—motor vehicle

16.4(b)(ii)

0.78

per km

Vehicle/travel allowance—motorcycle

16.4(b)(ii)

0.26

per km

C.2.2 Adjustment of expense-related allowances

   

Schedule D—Supported Wage System
D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
D.2 In this schedule:

D.3 Eligibility criteria
D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
D.4 Supported wage rates
D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause D.5)
%

Relevant minimum wage
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

D.4.2 Provided that the minimum amount payable must be not less than $87 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5 Assessment of capacity
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.

D.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

D.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.

Schedule E—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started: ___/___/20___ ____ am/pm

Date and time overtime ended: ___/___/20___ ____ am/pm

Amount of overtime worked: _______ hours and ______ minutes

The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule F—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule G—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule H—Part-day Public Holidays
H.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
H.2 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

H.3 This schedule is not intended to detract from or supplement the NES.