DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

MANUFACTURING AND ASSOCIATED INDUSTRIES AND OCCUPATIONS AWARD 2010
[MA000010]

4 yearly review of modern awards – Manufacturing and Associated Industries and Occupations Award 2010 – modern award varied – correction.

A. The determination issued by the Full Bench on 30 April 2020 [PR718704] is corrected as follows:

1. By deleting the words “3 May 2020” appearing in clause 4.8(a)(xi) of the attachment to the determination and inserting the words “28 May 2020”.

2. By deleting the words “4 May 2020” appearing in clause 4.8(a)(xi) of the attachment to the determination and inserting the words “29 May 2020”.

3. By deleting the words “4 May 2020” appearing in clause 4.8(a)(xiii) of the attachment to the determination and inserting the words “29 May 2020”.

4. By deleting the words “% of C9/V6 level” appearing in the table at clause 24.3 of the attachment to the determination and inserting the words “% of C6/V9 level”.

5. By deleting the words “30.4(t)” appearing in clause 30.4(t)(iii) of the attachment to the determination.

6. By deleting the words “Schedule K” wherever it appears in the note at clause 32.8(d) of the attachment to the determination and inserting the words “Schedule H”.

7. By deleting the words “The shift premiums in clause 55.1(b) are only payable to an employee who works an afternoon or night shift (other than a continuous work shift) that:” appearing in clause 55.1(b) of the attachment to the determination and inserting the words “An employee who works an afternoon or night shift (other than a continuous work shift):”.

8. By deleting clause 55.1(b)(i) of the attachment to the determination and inserting the following:

“(i) which does not continue for 5 successive working afternoons or nights or more in a 5 day workshop or 6 successive afternoons or nights or more in a 6 day workshop or for at least the number of ordinary hours prescribed by one of the alternative arrangements in clauses 49.1(c) and 49.1(e)(iv) will be paid at the rate of 150% of the minimum hourly rate; or”

9. By deleting the words “Other than continuous shiftworker – overtime – after 3 hours

Monday to Saturday (clause 32.2(a))” appearing in the table at clause C.1.1 of the attachment to the determination and inserting the words “Other than continuous shiftworker – overtime – after 3 hours Monday to Saturday (clause 32.2(b))”.

10. By inserting the following into the table appearing at clause C.1.1 of the attachment to the determination, underneath the row entitled “Shiftworkers engaged in vehicle manufacturing covered by clause 4.8(a)(xi)” as follows:

11. By deleting the words “Working through meal breaks on a Saturday or Sunday (clause 18.5(b))” appearing in the table at clause C.1.2 of the attachment to the determination and inserting the words “Working through meal breaks on a Saturday or Sunday (clause 18.5(b)(ii))”.

12. By deleting Schedule K.

13. By renaming “Schedule L—Part-day Public Holidays” as “Schedule K—Part-day Public Holidays”.

14. By inserting Schedule X as follows:

“Schedule X—Additional Measures During the Covid-19 Pandemic

X.1 Subject to clauses X.2.1(d) and X.2.2(c), Schedule X operates from 8 April 2020 until 30 June 2020. The period of operation can be extended on application.

X.2 During the operation of Schedule X, the following provisions apply:

X.2.1 Unpaid pandemic leave

(a) Subject to clauses X.2.1(b), (c) and (d), any employee is entitled to take up to 2 weeks’ unpaid leave if the employee is required by government or medical authorities or on the advice of a medical practitioner to self-isolate and is consequently prevented from working, or is otherwise prevented from working by measures taken by government or medical authorities in response to the COVID-19 pandemic.

(b) The employee must give their employer notice of the taking of leave under clause X.2.1(a) and of the reason the employee requires the leave, as soon as practicable (which may be a time after the leave has started).

(c) An employee who has given their employer notice of taking leave under clause X.2.1(a) must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason given in clause X.2.1(a).

(d) A period of leave under clause X.2.1(a) must start before 30 June 2020, but may end after that date.

(e) Leave taken under clause X.2.1(a) does not affect any other paid or unpaid leave entitlement of the employee and counts as service for the purposes of entitlements under this award and the NES.

NOTE: The employer and employee may agree that the employee may take more than 2 weeks’ unpaid pandemic leave.

X.2.2 Annual leave at half pay

(a) Instead of an employee taking paid annual leave on full pay, the employee and their employer may agree to the employee taking twice as much leave on half pay.

(b) Any agreement to take twice as much annual leave at half pay must be recorded in writing and retained as an employee record.

(c) A period of leave under clause X.2.2(a) must start before 30 June 2020, but may end after that date.

EXAMPLE: Instead of an employee taking one week’s annual leave on full pay, the employee and their employer may agree to the employee taking 2 weeks’ annual leave on half pay. In this example:

•  the employee’s pay for the 2 weeks’ leave is the same as the pay the employee would have been entitled to for one week’s leave on full pay (where one week’s full pay includes leave loading under the Annual Leave clause of this award); and

•  one week of leave is deducted from the employee’s annual leave accrual.

NOTE 1: A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.

NOTE 2: Under section 340(1) of the Act, an employer must not take adverse action against an employee because the employee has a workplace right, has or has not exercised a workplace right, or proposes or does not propose to exercise a workplace right, or to prevent the employee exercising a workplace right. Under section 342(1) of the Act, an employer takes adverse action against an employee if the employer dismisses the employee, injures the employee in his or her employment, alters the position of the employee to the employee’s prejudice, or discriminates between the employee and other employees of the employer.

NOTE 3: Under section 343(1) of the Act, a person must not organise or take, or threaten to organise or take, action against another person with intent to coerce the person to exercise or not exercise, or propose to exercise or not exercise, a workplace right, or to exercise or propose to exercise a workplace right in a particular way.”

15. By updating the table of contents and cross references accordingly.

B. This determination comes into operation from 29 May 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 29 May 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Manufacturing and Associated Industries and Occupations Award 2020

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 May 2020 (PR718704, PR719473).

Clause(s) affected by the most recent variation(s):

All clauses and schedules

Table of Contents

Part 1— Application and Operation of this Award 4
1. Title and commencement 4
2. Definitions 4
3. The National Employment Standards and this award 9
4. Coverage 10
5. Award flexibility 15
6. Requests for flexible working arrangements 17
7. Facilitative provisions 18
Part 2— Types of Employment 21
8. Types of employment 21
9. Full-time employees 21
10. Part-time employees 21
11. Casual employees 22
12. Apprentices 24
13. School-based apprentices 29
14. Cadets 29
15. Trainees 34
16. Unapprenticed juniors 35
Part 3— Hours of Work 35
17. Ordinary hours of work and rostering 35
18. Breaks 38
19. Ship trials 39
Part 4— Wages, Allowances and Classifications 40
20. Minimum rates 40
21. Apprentice minimum rates 45
22. Adult apprentice minimum rates 52
23. Cadet minimum rates 52
24. Trainee minimum rates 54
25. Unapprenticed junior minimum rates 57
26. Extra rates not cumulative 58
27. Payment of wages 58
28. Annualised wage arrangements 59
29. Employer and employee duties 62
30. Allowances and special rates 62
31. Superannuation 75
Part 5— Overtime and Penalty Rates 77
32. Overtime 77
33. Penalty Rates 84
Part 6— Leave and Public Holidays 86
34. Annual leave 86
35. Personal/carer’s leave and compassionate leave 92
36. Parental leave and related entitlements 92
37. Community service leave 92
38. Unpaid family and domestic violence leave 92
39. Absence from duty 92
40. Public holidays 93
Part 7— Consultation and Dispute Resolution 94
41. Consultation 94
42. Dispute resolution 95
43. Dispute resolution procedure training leave 96
Part 8— Termination of Employment and Redundancy 97
44. Termination of employment 97
45. Redundancy 97
Part 9— Vehicle manufacturing employees 98
46. Coverage of Part 9 of this award 98
47. Casual loading for vehicle manufacturing employees in the technical field 99
48. Payment of fees for vehicle manufacturing trainees 99
49. Ordinary hours of work—shiftworkers—vehicle manufacturing employees 99
50. Meal break—vehicle manufacturing employees in the technical field 100
51. Tea breaks—Vehicle manufacturing employees 101
52. Junior tracers in the technical field—vehicle manufacturing employees 101
53. Allowances and related matters—vehicle manufacturing employees 101
54. Accident pay—Vehicle manufacturing employees 103
55. Shiftwork and rates—vehicle manufacturing employees 105
56. Overtime—vehicle manufacturing employees 106
Schedule A —Classification Structure and Definitions 110
Schedule B —Vehicle Manufacturing Employees—Skill Level Definitions—Trades, Non-trades, Post-trades, Drivers, Technicians/ Technical Officers and Supervisors/Trainers/Coordinators 130
Schedule C —Summary of Hourly Rates 150
Schedule D —Summary of Monetary Allowances 156
Schedule E —Supported Wage System 163
Schedule F —School-based Apprenticeships 166
Schedule G —National Training Wage 167
Schedule H —Agreement for time off instead of payment for overtime 176
Schedule I —Agreement to Take Annual Leave in Advance 177
Schedule J —Agreement to Cash Out Annual Leave 178
Schedule K —Part-day Public Holidays 179
Schedule X —Additional Measures During the COVID-19 Pandemic 181

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Manufacturing and Associated Industries and Occupations Award 2020.

1.2 This modern award, as varied, commenced operation on 1 January 2010.

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:

Act means the Fair Work Act 2009 (Cth).
adult apprentice means a person of 21 years of age or over at the time of entering into a training contract as provided for in clause 12—Apprentices.
afternoon shift, for employees other than Vehicle Manufacturing employees covered by clause 4.8(a)(xi), has the meaning given in clause 33.2(b)(i).
afternoon shift, for Vehicle Manufacturing employees covered by clause 4.8(a)(xi), has the meaning given in clause 55.1(a)(i).
agricultural implements, machinery and appliances means farming or pastoral equipment such as harvesters, headers, windmills for the purpose of pumping river or subterranean water, ploughs, harrows, discs, seeders, top-dressers, mowing equipment, mobile irrigation equipment, fruit and vegetable harvesting and sorting equipment and such other equipment as is used mainly or solely in the agricultural and/or pastoral industry.
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 annual leave.
apprentice includes an adult apprentice.
boiler attendant or fireperson—first class means a boiler attendant or fireperson who attends to 2 or more boilers or 2 or more suction gas generators, or one boiler the evaporation capacity of which attributed thereto by the maker exceeds 5000 kg but less than 45000 kg of steam per hour, or one gas generator supplying a total engine load capacity attributed thereto by the maker of not less than 740 kW.
bottle merchants means businesses operating bottle yards/collection depots principally collecting bottles, cans, plastic and other packaging materials for drinks.
casual ordinary hourly rate means the hourly rate for a casual employee for the employee’s classification specified in clause 20—Minimum rates, inclusive of the casual loading. Where an employee is entitled to an all-purpose allowance, this allowance forms part of that employee’s ordinary hourly rate.
confined space means a compartment, space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation and subject thereto includes the following spaces:

(a) in the case of a ship, inside complete tanks, chain lockers and peaks, under engine beds, under engine room and stockhold floors, or under or inside boilers;

(b) in other cases, inside boilers, steam drums, mud drums, fire boxes of vertical or road vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters or economisers; and

(c) work on the inside of tanker type vehicles such as those used in carrying petrol, milk, flour, cement and the like, but not other work on vehicles.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
electric motor attendant means a person who attends to an electric motor or motors of 22 kW or more in the aggregate, and performs any duties of oiling or cleaning or attending to commutators, brushes, fuses or switches.
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
engine driver means any person who operates or drives any engine or engines, the motive power of which is either steam, gas, oil, water, compressed air or electricity, and includes any person who is called on in the ordinary course of their duty to do engine driver’s work other than simply stopping or starting an engine under the supervision of an engine driver.
engine driver in charge of plant means:

(a) when 2 or more drivers are employed at the plant at one time, the engine driver who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility; or

(b) an engine driver who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility over one or more non-certified firepersons; or

(c) a person who is the only engine driver employed on the plant and who does the general repair work of the plant in addition to the work of engine driving, other than merely assisting a fitter or engineer to do such work; or

(d) where shifts are worked, the engine driver who in addition to the work of engine driving is directed to carry out the general repair work of the plant, other than merely assisting a fitter or engineer to do such work.

engineering streams are the 3 broad engineering streams recognised within the classification definitions set out in Schedule A—Classification Structure and Definitions namely, electrical/electronic, mechanical and fabrication. The streams are defined as the:

(a) electrical/electronic stream which includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all electrical and electronic devices, systems, equipment and controls, such as electrical wiring, motors, generators, PLCs and other electronic controls, instruments, refrigeration, telecommunications, radio and television, and communication and information processing.

(b) mechanical stream which includes the design, assembly, manufacture, installation, modification, testing, fault finding, commissioning, maintenance and service of all mechanical equipment, machinery, fluid power systems, automotive mechanics, instruments and refrigeration, and the use of related computer controlled equipment, such as Computer Numeric Controlled machine tools.

(c) fabrication stream which includes fabrication in all materials, forging, carpentry, plumbing, founding, structural steel erection, electroplating, metal spinning, metal polishing and sheet metal work and the use of related computer controlled equipment.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
fireperson or greaser in charge of plant means a fireperson or greaser who is the only fireperson or greaser employed on the plant and who does the general repair work of the plant in addition to the work of firing or greasing, other than merely assisting a fitter, engine driver or engineer to do such work or a greaser assisting a fireperson to do such work.
greaser or oiler means any person substantially engaged in greasing or oiling any engine, machinery or shafting.
greaser or oiler—first class means a greaser or oiler who under the supervision of an engine driver stops or starts an engine or engines, but does not include any greaser or oiler who does so only in cases of necessity or emergency.
leading boiler attendant or fireperson—first class means:

(a) the boiler attendant or fireperson employed at a plant where 3 or more firepersons are employed at the same time who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility, but does not include any boiler attendant or fireperson where an engine driver is charged with being in charge of plant; or

(b) the boiler attendant or fireperson employed at a plant where 3 or more attendants or firepersons are employed at the same time whose duty is to attend to the water of the boilers that are fitted by 2 or more of the other boiler attendants or firepersons.

leading boiler attendant or fireperson—second class means:

(a) the boiler attendant or fireperson employed at a plant where 2 boiler attendants or firepersons are employed at the same time who is invested with the superintendence or has to accept the superintendence or responsibility, but does not include any boiler attendant or fireperson where an engine driver is charged with being in charge of the plant; or

(b) the boiler attendant or fireperson employed at a plant where 2 boiler attendants or firepersons are employed at the same time and whose duty it is to attend to the water of the boilers that are fired by the other fireperson.

manufacturing and associated industries and occupations has the meaning given in clause 4.8.
metal and engineering competency standards means the standards referred to in the National Metal and Engineering Competency Standards Implementation Guide distributed by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
night shift, for employees other than Vehicle Manufacturing employees covered by clause 4.8(a)(xi), has the meaning given in clause 33.2(b)(iii).
night shift, for Vehicle Manufacturing employees covered by clause 4.8(a)(xi), has the meaning given in clause 55.1(a)(ii).
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 20—Minimum rates, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.
production planners are employees who are or who are mainly engaged in either parts of, or a combination of, or all of:

(a) the planning of operations, methods or processes including the estimation of requirements of labour, tools or other equipment or components of goods by engineering processes; or

(b) the performing of routine tasks requiring engineering skill or knowledge, such as calculations or analysis of technical information, in trades involving structural engineering or the manufacture of agricultural implements, machine tools, motor cars and other vehicles, or electrical goods and equipment.

radio industry means the industries and trades which are concerned with the manufacture, erection, installation, repair and maintenance of any form of electronic and/or telecommunication equipment, apparatus, appliance or device, and radio has a corresponding meaning.
rostered shift means any shift of which the employee concerned has had at least 48 hours’ notice.
ship repairs means:

(a) all repair work done on ships; or

(b) all work, other than the making of spare parts and stores, done in a workshop used for ship repairs only; or

(c) work done in a workshop used for ship repairing, general engineering, metal moulding, steel construction and other heavy metal fabrication on which employees are engaged both on the ship and in the workshop.

special class boiler attendant or fireperson means a boiler attendant or fireperson in charge of boilers with an evaporation capacity of 45,000 kg or more per hour.
standard rate means the minimum hourly rate prescribed for the C10/V5 level in clause 20.1.
steam engine—first class means a turbine or an engine or engines having a single cylinder with a bore of 300 mm in diameter or over, or having singly or together 2 or more cylinders the sum of the area of whose bores equals or exceeds the area of a circle 300 mm in diameter.
steam engine—second class means an engine or engines having a single cylinder with a bore less than 300 mm in diameter or having singly or together 2 or more cylinders the sum of the area of whose bores is less than the area of a circle 300 mm in diameter.
technical workers are employees who are or who are mainly engaged:

(a) in the conducting of scientific or engineering work on:

(i) analytical, investigational, developmental, experimental or research work of a technical nature in connection with chemical, biochemical, physical chemical, bacteriological physics, physical testing or metallurgical processes; or

(ii) investigational, developmental, experimental, research or technical control work in manufacturing or pilot plants; or

(b) in assisting in the operations set out in (a)(i) and/or (a)(ii) by:

(i) the preparation or care of apparatus or materials; or

(ii) the recording or tabulating of results; or

(iii) any other means.

tracers and draughtspersons are employees who are or who are mainly engaged in making drawings from sketches or other data.
vocational fields are the 5 vocational fields recognised within the classification structure of this award, namely, trade, technical, engineering/manufacturing, supervisor/trainer/coordinator, and professional. The fields are defined as the:

(a) trade field which includes employees who possess as a minimum qualification a trade certificate in any of the engineering streams or a Certificate IV in Engineering including Higher Engineering Trades or Special Class Trades.

(b) technical field which includes:

(i) production planning, including scheduling, work study, and estimating materials, handling systems and like work; or

(ii) technical work including inspection, quality control, supplier evaluation, laboratory, non-destructive testing, technical purchasing, and design and development work (prototypes, models, specifications) in both product and process areas and like work; or

(iii) design and draughting and like work.

(c) engineering/manufacturing field which includes employees primarily engaged in production work including production, distribution, stores and warehousing, which does not require a qualification in the trade, technical, professional or supervisory fields.

(d) supervisor/trainer/coordinator field which includes employees who are or who are mainly:

(i) responsible for the work of other employees and/or the provision of on-the-job training including coordination and/or technical guidance; or

(ii) responsible for the supervision and/or training of other supervisors or trainers; or

(iii) responsible primarily for the exercise of technical skills up to the level of their skill and competence and who are additionally involved in the supervision/training of other employees.

(e) professional field includes employees who possess an academic qualification which enables the employee to become a graduate member of the Institute of Engineers, Australia or an academic qualification in science set out in the Academic Schedule appearing in the Professional Employees Award 2010.

3. The National Employment Standards and this award

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 of employees in the Manufacturing and Associated Industries and Occupations who are covered by the classifications in this award and those employees.

4.2 The award does not cover:

(a) an employer who is outside the scope of clause 4.8(a) or (b) unless such an employer employs an employee covered by clause 4.8(c) and the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee; or

(b) exempt employers and employees, as set out in clause 4.10.

4.3 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 (Cth)), or employers in relation to those employees.

4.4 This award covers any employer which supplies labour on an on-hire basis in the manufacturing and associated industries and occupations 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.

4.5 This award covers any employer which supplies on-hire employees in occupations set out in clause 4.8(c) covered by the classifications in this award and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee.

4.6 Clauses 4.4 and 4.5 operate subject to exclusions from coverage in this award.

4.7 This award covers employers which provide group training services for apprentices and/or trainees engaged in the manufacturing and associated industries and occupations and/or parts of those industries and/or occupations set out at clause 4.8 and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.8 are being performed. Clause 4.7 operates subject to the exclusions from coverage in this award.

4.8 Manufacturing and Associated Industries and Occupations means:

(a) the following industries and parts of industries:

(i) the manufacture, making, assembly, processing, treatment, fabrication and preparation of:

• the products, structures, articles, parts or components set out in clause 4.9; or
• the materials or substances set out in clause 4.9; or
• any products, structures, articles, parts or components made from, or containing, the materials or substances set out in clause 4.9.

(ii) the coating, painting, colouring, varnishing, japanning, lacquering, enamelling, porcelain enamelling, oxidising, glazing, galvanising, electroplating, gilding, bronzing, engraving, cleaning, polishing, tanning, dyeing, treatment and finishing of any of the items referred to in clause 4.8(a)(i).

(iii) the repair, refurbishment, reconditioning, maintenance, installation, testing and fault finding of:

• any of the items referred to in clause 4.8(a)(i); or
• floor covering; or
• plant, equipment and buildings (including power supply) in the industries and parts of industries referred to in clauses 4.8(a)(i) and (ii); or
• plant, equipment and buildings (including power supply) in any other industry.

(iv) mechanical and electrical engineering.

(v) space tracking.

(vi) farriery (other than in the racing industry).

(vii) bottle merchants.

(viii) the printing and processing of photographs from film.

(ix) every operation, process, duty and function carried on or performed in or in connection with or incidental to any of the foregoing industries, parts of industries or occupations.

(x) handling, sorting, packing, despatching, distribution and transport in connection with any of the foregoing industries or parts of industries.

(xi) the industries and parts of industries in clause 4.8(a)(xii) in respect of:

• employers and employees who were covered by section 2—Vehicle Manufacturing Employees, Section 3—Drafting, Planning and Technical Employees, and Section 4—Supervisory Employees of the Vehicle Manufacturing, Repair, Services and Retail Award 2010 on 28 May 2020; and
• employers established on or after 29 May 2020 that are principally engaged in one or more of the industries or parts of industries in clause 4.8(a)(xii) but excluding employers and employees covered by the Vehicle Repair, Services and Retail Award 2020.
NOTE: Clauses 4.8(a)(xi) and (xii) do not disturb the meaning and effect of other coverage provisions in clause 4.

(xii) For the purposes of clause 4.8(a)(xi), the industries and parts of industries are:

• the manufacturing, assembling or repairing of carriages, carts, wagons, trucks, motor cars, bodies, motorcycles, railway cars, tram cars, side-cars or other vehicles or parts or components or accessories in wood, metal and/or other materials; and
• manufacturing, assembling, fabricating, installing, servicing, maintaining, reconditioning or repairing of engines or vehicle servicing equipment and agricultural machinery or implements or the like.

(xiii) Clauses 4.8(a)(xi) and (xii) operate from 29 May 2020.

(b) the provision of any of the operations or services set out in clause 4.8(a) on a contract basis by one business to another business, where the first business is independent of the second business.

(c) the following occupations:

(i) maintenance employees in the engineering streams.

(ii) technical workers.

(iii) draughtspersons.

(iv) production planners.

(v) trainee engineers.

(vi) trainee scientists.

(vii) engine drivers.

4.9 For the purposes of clause 4.8(a)(i), the products, structures, articles, parts, components, materials and substances include:

(a) all products made from, or containing, steel, iron, metal, sheet metal, tin, brass, copper and non-ferrous metal.

(b) melting and smelting of metals.

(c) articles made from wire and the drawing and insulation of wire.

(d) industrial gases.

(e) ships, boats, barges and marine vessels of all descriptions, and components.

(f) aircraft and components.

(g) locomotives, rolling stock, railway line and components.

(h) motor engines, motor cars, motor cycles and other motor driven vehicles and components.

(i) industrial machinery.

(j) tools, saws, dies, gauges and moulds.

(k) electrical, electronic, telecommunications, lighting, radio, television and X-ray products, equipment, apparatus, installations, appliances, devices and signs.

(l) recording, measuring and controlling devices for electricity, fluids, gases, heat, temperature, pressure, time, weight, mass, etc.

(m) stoves, ovens, steam cookers, refrigerators, kitchenware, household utensils, irons, radiators, heaters, furniture, toys, sporting goods, perambulators, window frames, agricultural implements, machinery and appliances, safes, strong rooms, wet batteries, dry batteries, metallic containers, canisters, drums, lifts, elevators, air-conditioning plant/equipment, bridges, girders, gates, fences, frames, engine packing, brushes and brooms.

(n) insulation materials and articles.

(o) clay and ceramic articles, including but not limited to bricks, refractory bricks, terra cotta products, tiles, pipes, pottery, tableware and flowerpots.

(p) jewellery, watches and clocks (including cases), badges, name-plates, precious metal products and precious stones.

(q) medical and optical instruments, appliances and equipment, including but not limited to spectacles, contact lenses and artificial limbs.

(r) brake linings, disc pads, clutch facings and other friction materials for automotive or other industrial applications.

(s) all products made from or containing plastic or rubber, or substitutes for plastic or rubber.

(t) synthetic resins, powders, tablets, etc, used in the plastics industry.

(u) duperite, bakelite, casein or similar compositions, synthetic rubberlikes, guttaperchalikes, rubberlike plastics, nitrocellulose, celluloid, leathercloth and elastomers.

(v) thermoplastics and thermo-setting plastics, cellulose plastics, perspex, cellulose acetate butyrate, polymethyl methacrylate, nylon 66, polyethylene terepthalate, acronitrile-butadiene-styrene, epoxy resins, laminates of all descriptions, polymers of all descriptions and all long chain organic materials generally known as plastics.

(w) transmission cables which encompasses power and communication cables (including single strand) whether insulated or not.

(x) abrasive wheels and stones, bounded abrasives, articles or goods containing a thermoplastic and/or a thermosetting plastic and allied products.

(y) all types of tapes including pressure sensitive tapes, cellulose adhesive tape, masking, cloth, metal, paper, plastic tapes in rolls or sheet form, films, papers or cloth surface coated with abrasives, and abrasive coated materials and abrasive coated and/or uncoated articles of all descriptions, impregnated and/or coated or uncoated films, papers or cloths, plastic ribbons, adhesives, laminates, sealers, coatings and elastic cements, and associated machinery and/or dispensing equipment using any of the above products.

(z) gelatine, glue, agar, and their by-products, dried residues, filter earth dextrine and adhesives of all descriptions, and other like materials.

(aa) artificial fertilizers, chemicals, alkalis and all processes involving chemical synthesis.

(bb) fungicides, insecticides, vermin destroyer and weed destroyer (except for spraying, fumigating, poisoning or otherwise applying such substances).

(cc) paint, decorative or protective surface coatings or coverings and associated products.

(dd) rope, cordage, twine, yarn, thread and braid made from jute or flax and/or any fibre or synthetic fibre in substitution therefore and all products made from such rope, cordage, twine, yarn, thread and braid.

(ee) skins, pelts, leather, canvas, fibre, vulcanised fibre, webbing, bark and other tanning extracts and all substitutes and all products made therefrom, including but not limited to saddles, harnesses, whips, machine belting, sporting goods, travel goods, handbags, wallets, belts, gloves, hats, sails, tents, tarpaulins, umbrellas, parachutes, car seats, gaskets, beach shelters, deck chairs, cargo nets, shipsgear and life jackets.

(ff) all types of flat glass and fibreglass, and all substitutes, and all products made therefrom including but not limited to flint ware, bottles, containers, jars, bricks, light bulbs, opal ware, pyrex ware, translucent reinforced sheeting, tubing, rods and lamp shades.

(gg) gypsum, plasterboard, fibre cement and similar materials and all products made therefrom.

(hh) furnishings made from cane, bamboo and other like materials.

(ii) upholstery, furnishing drapery, blinds, screens, awnings, mattresses and bedding.

(jj) flooring products made from other than wood.

(kk) picture frames made from other than wood.

(ll) musical instruments made from other than wood.

(mm) non-food grocery products including candles, soap, soap powders and extracts, soda, blue (washing), boot blacking, boot polish, boot paste, boot stains, blacklead, charcoal, coal dust, cloudy ammonia, dubbin, ebonite shine, furniture polish, glycerine, greasers, harness dressing, harness compounds, ink, knife polish, kindlers, linoleum and oilcloth polish, metal polish, moulders, blacking, oils, phenyle, plumbargo preparations, stove polish, and vaseline.

(nn) refractory materials.

(oo) cork and cork products.

4.10 Manufacturing and Associated Industries and Occupations does not mean:

(a) plumbers, unless employed in establishments covered by this award.

(b) the sugar industry, unless the work is carried out by contractors covered by this award who are performing work in sugar mills, bulk sugar and molasses terminals, sugar refineries and sugar industry research organisations.

(c) security personnel.

(d) gardeners.

(e) cleaners, unless the cleaning work is incidental to the performance of other work covered by this award or the employee is employed most of the time in cleaning work in factories covered by this award, provided that this award does not cover contract cleaning companies.

(f) with regard to locomotives, rolling stock, railway lines and components, work carried out by employees of a Rail Transport Operator or on-site in the building and construction industry.

(g) with regard to transmission cables, installation and maintenance work carried out in the power industry, telecommunications industry or on-site in the building and construction industry.

(h) employees of electrical contractors, being any entity principally engaged in the business of providing electrical services on a contract basis.

(i) employers or employees engaged in glass and glazing work or glass and glazing contracting covered by the Joinery and Building Trades Award 2010.

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

5. Award flexibility

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

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

5.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under clause 5 can only be entered into after the individual employee has commenced employment with the employer.

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

(a) be confined to a variation in the application of one or more of the terms listed in clause 5.1; and

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

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

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

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

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

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

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

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

5.6 Except as provided in clause 5.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

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

5.8 The agreement may be terminated:

(a) by the employer or the individual employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

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

NOTE: If any of the requirements of section 144(4) of the Act, which are reflected in the requirements of clause 5, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see section 145 of the Act).

5.9 The notice provisions in clause 5.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 5.8(a), subject to 4 weeks’ notice of termination.

5.10 The right to make an agreement pursuant to clause 5 is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.
NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances, as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’ (see section 65(5) and (5A)).
NOTE 3: Clause 6 is an addition to section 65.

6.2 Responding to the request

Before responding to a request made under section 65, the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(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.

NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days, stating whether the employer grants or refuses the request (section 65(4)).
NOTE 2: If the employer refuses the request, then the written response must include details of the reasons for the refusal (section 65(6)).

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

(a) Clause 6.3 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:

(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances; and

(ii) if the employer can offer the employee such changes in working arrangements, set out those changes in working arrangements.

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

If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee, then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

6.5 Dispute resolution

Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6, can be dealt with under clause 42—Dispute resolution.

7. Facilitative provisions

7.1 Agreement to vary award provisions

(a) This award also contains facilitative provisions which allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it. The facilitative provisions are identified in clauses 7.2, 7.3 and 7.4.

(b) The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this award.

7.2 Facilitation by individual agreement

(a) The following facilitative provisions can be utilised by agreement between an employer and an individual employee:

(b) The agreement reached must be kept by the employer as a time and wages record.

7.3 Facilitation by majority or individual agreement

(a) The following facilitative provisions can be utilised by agreement between the employer and the majority of employees in the workplace or a section or sections of it, or the employer and an individual employee:

(b) Where agreement is reached between the employer and the majority of employees in the workplace or a section or sections of it to implement a facilitative provision in clause 7.3(a), the employer must not implement that agreement unless:

(i) agreement is also reached between the employer and each individual employee to be covered by the facilitative provision; and

(ii) the agreement reached is kept by the employer as a time and wages record.

(c) Where no agreement has been sought by the employer with the majority of employees in accordance with clause 7.3(b), the employer may reach agreement with individual employees in the workplace or a section or sections of it and the agreement binds the individual employee provided the agreement reached is kept by the employer as a time and wages record and provided the agreement is only with an individual employee or a number of individual employees less than the majority in the workplace or a section or sections of it.

7.4 Facilitation by majority agreement

(a) The following facilitative provisions may only be utilised by agreement between the employer and the majority of employees in the workplace or a section or sections of it:

(b) Where agreement is reached with the majority of employees in the workplace or a section or sections of it to implement a facilitative provision in clause 7.4(a), that agreement binds all such employees provided the agreement reached is kept by the employer as a time and wages record.

(c) Additional safeguard

(i) An additional safeguard applies to:

Clause number	Provision
17.3(e)	Ordinary hours of work, continuous shiftworkers
17.4(d)	Ordinary hours of work, non-continuous shiftworkers
27.1(b)	Payment of wages

(ii) The additional safeguard requires that the unions which have members employed at an enterprise covered by this award must be informed by the employer of the intention to use the facilitative provision and be given a reasonable opportunity to participate in the negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

7.5 Majority vote at the initiation of the employer

A vote of employees in the workplace or a section or sections of it which is taken in accordance with clauses 7.3(a) and 7.4 to determine if there is majority employee support for the implementation of a facilitative provision, is of no effect unless taken with the agreement of the employer.

Part 2—Types of Employment

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.

9. Full-time employees

Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in this award.

10. Part-time employees

10.1 An employee may be engaged to work on a part-time basis involving a regular pattern of hours which average less than 38 ordinary hours per week.

10.2 A part-time employee must be engaged and paid for a minimum of 4 consecutive hours per shift. In order to meet their personal circumstances a part-time employee may request and the employer may agree to an engagement for no less than 3 consecutive hours per day or shift. The agreement reached must be recorded by the employer on the employee’s time and wages record.

10.3 Before commencing part-time employment, the employee and employer must agree in writing on:

(a) the hours to be worked by the employee, the days on which they will be worked and the starting and finishing times for the work; and

(b) the classification applying to the work to be performed in accordance with Schedule A—Classification Structure and Definitions.

10.4 The terms of the agreement in clause 10.3 may be varied by consent in writing.

10.5 The employer must retain a copy of any agreement or variation made under clause 10.3 or 10.4 and provide a copy to the employee.

10.6 Except as otherwise provided in this award, a part-time employee must be paid for the hours agreed on in accordance with clauses 10.3 and 10.4.

10.7 The terms of this award will apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

10.8 A part-time employee who is required by the employer to work in excess of the hours agreed under clauses 10.3 and 10.4 must be paid overtime in accordance with clause 32—Overtime.

10.9 Public holidays

(a) Where the part-time employee’s normal paid hours fall on a public holiday prescribed in the NES and work is not performed by the employee, the employee must not lose pay for the day.

(b) Where the part-time employee works on the public holiday, the part-time employee must be paid in accordance with clauses 17.2(g), 33.1(b), 33.2(j) and 32.7.

11. Casual employees

11.1 A casual employee is one engaged and paid as such.

11.2 Casual loading

(a) For working ordinary time, a casual employee must be paid:

(i) the ordinary hourly rate for the work being performed; plus

(ii) a loading of 25% of the ordinary hourly rate.

(b) The casual loading constitutes part of the casual employee’s all-purpose rate.

(c) The resulting rate is the casual ordinary hourly rate.

(d) Where this award refers to a penalty rate or shift loading as being calculated as a percentage of the ordinary hourly rate, that reference will (for a casual employee) instead be taken to be a reference to the casual ordinary hourly rate if the entitlement is applicable to a casual employee.

(e) The 25% casual loading in clause 11.2 does not apply to vehicle manufacturing employees in the technical field covered by clause 4.8(a)(xi). The casual loading for these employees is prescribed in clause 47 in Part 9—Vehicle manufacturing employees of this award.

11.3 On each occasion a casual employee is required to attend work the employee must be paid for a minimum of 4 consecutive hours’ work. In order to meet their personal circumstances a casual employee may request and the employer may agree to an engagement for no less than 3 consecutive hours.

11.4 When engaging a casual employee, the employer must inform the employee:

(a) that the employee is being engaged as a casual employee;

(b) of the name of their employer;

(c) of their classification level and rate of pay; and

(d) of the likely number of hours they will be required to perform.

11.5 Casual conversion to full-time or part-time employment

(a) A casual employee, other than an irregular casual employee, who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of 6 months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process.

(b) Every employer of such an employee must give the employee notice in writing of the provisions of clause 11.5 within 4weeks of the employee having attained such period of 6 months. The employee retains their right of election under clause 11.5 if the employer fails to comply with clause 11.5(b).

(c) Any such casual employee who does not within 4 weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion.

(d) Any casual employee who has a right to elect under clause 11.5(a), on receiving notice under clause 11.5(b) or after the expiry of the time for giving such notice, may give 4 weeks’ notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within 4 weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably so refuse.

(e) Once a casual employee has elected to become and been converted to a full-time or part-time employee, the employee may only revert to casual employment by written agreement with the employer.

(f) If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with clause 11.5(d), the employer and employee must, subject to clause 11.5(d), discuss and agree on:

(i) which form of employment the employee will convert to, being full-time or part-time; and

(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked, as set out in clause 10—Part-time employees.

(g) An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed on between the employer and employee.

(h) Following such agreement being reached, the employee converts to full-time or part-time employment.

(i) Where, in accordance with clause 11.5(d) an employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

(j) Subject to clause 7.3, by agreement between the employer and the majority of the employees in the relevant workplace or a section or sections of it, or with the casual employee concerned, the employer may apply clause 11.5(a) as if the reference to 6 months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any such agreement reached must be kept by the employer as a time and wages record. Any such agreement reached with an individual employee may only be reached within the 2 months prior to the period of 6 months referred to in clause 11.5(a).

(k) For the purposes of clause 11.5, an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

11.6 An employee must not be engaged and re-engaged to avoid any obligation under this award.

12. Apprentices

12.1 The terms of this award apply to apprentices, including adult apprentices, except where otherwise stated. Apprentices may be engaged in trades or occupations that are provided for in clause 12 where declared or recognised by an apprenticeship authority. Subject to appropriate State legislation, an employer will not employ an unapprenticed junior in a trade or occupation provided for in clause 12.

12.2 For the purposes of clause 12, apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.

12.3 In any State in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.

12.4 An apprentice may be engaged under a training contract approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training contract is consistent with that established for the vocation in the training package determined from time to time by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, or its successors and endorsed by Innovation and Business Skills Australia or its successor. Such apprenticeships include but are not limited to the following trades: Engineering / Vehicle Tradesperson (Mechanical), Engineering / Vehicle Tradesperson (Fabrication), Engineering / Vehicle Tradesperson (Electrical/Electronic), Higher Engineering Tradesperson and Advanced Engineering Tradesperson. An apprentice may also be engaged where the qualification outcome specified in the training contract is consistent with the qualifications established for electrical vocations within the relevant electrical/utilities training package and endorsed by the National Skills Standards Council or its successor.

12.5 In respect of apprenticeships for Higher Engineering Tradesperson and Advanced Engineering Tradesperson:

(a) The classification on completion of a Higher Engineering Tradesperson apprenticeship is as a minimum the C10/V5 level. Where the apprentice is offered employment at the completion of their apprenticeship and such employment is in the area of the apprenticeship training, such that they are exercising or will be required to exercise the skills and knowledge gained during their apprenticeship necessary for a C7/V8 level of work, they must be classified at the C7/V8 level.

(b) The training program for each Higher Engineering Tradesperson apprentice is to be consistent with the minimum training requirement for the classification of the C7/V8 level Special Class Tradesperson, as determined from time to time by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, and as endorsed by Australian Industry Skills Committee. Each apprentice must also complete the requirements for a trade certificate as defined in clause 12.4, as part of the training program leading to the completion of the Certificate IV in Engineering.

(c) The training program for each Advanced Engineering Tradesperson apprentice is to be consistent with the minimum training requirement for the classification of the C5/V10 level Advanced Engineering Tradesperson, as determined from time to time by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, and as endorsed by Australian Industry Skills Committee. Each apprentice must also complete the requirements for a trade certificate as defined in clause 12.4, and a Certificate IV in Engineering as part of the training program leading to the completion of the Diploma of Engineering.

12.6 Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience.

12.7 The nominal period of the apprenticeship is 4 years; however, this period may be varied as follows:

(a) to make up for lost time as set out in clause 12.16; and/or

(b) with the approval of the relevant State or Territory apprenticeship authority, to recognise prior learning including vocational education and training in school, pre-apprenticeship programs and other prior learning, the nominal period may be shortened to reflect the proportion of the competencies already acquired; and/or

(c) it may be extended by up to 6 months in Stage 3 and 12 months in Stage 4 in the Advanced Engineering Tradesperson apprenticeship where required to complete the competencies.

12.8 Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when:

(a) the qualification specified in the training contract is successfully completed; and

(b) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training contract, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant State/Territory apprenticeship authority for determination; and

(c) the requirements of the relevant State/Territory apprenticeship authority and any requirements of the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, with respect to demonstration of competency and any minimum necessary work experience requirements are met; and

(d) with respect to trades where there are additional licensing or regulatory requirements under State legislation, when these requirements are met.

12.9 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training contract and the requirements of State legislation and the apprenticeship authority.

12.10 The probationary period of an apprentice is as set out in the training contract consistent with the requirement of the apprenticeship authority and with State legislation but must not exceed 3 months.

12.11 Apprentice conditions of employment

(a) Except as provided in clause 12 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.

(i) An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.

(ii) Time spent by an apprentice, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 12.11(a)(ii) operates subject to the provisions of Schedule F—School-based Apprenticeships.

(iii) The notice of termination provisions of the NES apply to apprentices. The redundancy provisions of the NES do not apply to apprentices.

(b) Payment of fees and textbooks

(i) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training specified in, or associated with, the training contract must be reimbursed to the apprentice within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship or within 3 months of the apprentice commencing training with the Registered Training Organisation (RTO), whichever is the later, unless there is unsatisfactory progress;

(ii) Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in clause 12.11(b)(i) above.

(c) Travel payment for block release training

(i) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 12.11(c) will not apply where the apprentice could attend an alternate RTO and the use of the more distant RTO is not agreed between the employer and the apprentice.

(ii) For the purposes of clause 12.11(c) excess reasonable travel costs includes the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 12.11(c) excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(iii) The amount payable by an employer under clause 12.11(c) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

12.12 The ordinary hours of employment of apprentices in each enterprise are not to exceed those of the relevant tradesperson.

12.13 The minimum rates applying to apprenticeships are dealt with in clause 21 and no apprentice is to work under a system of payment by results.

12.14 In order to undertake trade training in accordance with clauses 12.4 and 12.5 a person must be a party to a training contract in accordance with the requirements of the apprenticeship authority or State legislation. The employer must provide and/or provide access to training consistent with the training contract without loss of pay.

12.15 An apprentice under the age of 18 years is not required to work overtime or shiftwork unless such an apprentice so desires. No apprentice, except in an emergency, is to work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with their training contract.

12.16 Extension of nominal term

(a) The nominal period of the apprenticeship is extended by an additional day for each day of absence during each year of the apprenticeship, except in respect of absences due to annual leave or long service leave.

(b) Periods of paid personal/carer’s leave which total ten or less days in any apprenticeship year do not extend the nominal period of the apprenticeship.

(c) Except where the apprentice meets the competency requirements to progress to the next stage as set out in clause 21.7 the following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours must be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

12.17 Competency based progression

(a) For the purpose of competency based wage progression in clauses 21 and 22 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:

(i) competency has been achieved in the relevant proportion of the total competency points / competencies specified in clause 21.7 for that stage of the apprenticeship. The competencies which are included in the relevant proportion must be consistent with any requirements in the training plan; and

(ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met; and

(iii) either:

(A) the RTO, the employer and the apprentice agree that the abovementioned requirements have been met; or

(B) the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.

(b) If the employer disagrees with the assessment of the RTO referred to in clause 12.17(a)(iii)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(c) For the purposes of clause 12.17, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency” utilised for the purpose of the training packages and for the purpose of clause 12.17 is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(d) The apprentice will be paid the wage rate referred to in clause 12.17(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 12.17(a)(iii) or on a date as determined under the dispute resolution process in clause 12.17(b).

13. School-based apprentices

For provisions applying to school-based apprentices see Schedule F—School-based Apprenticeships.

14. Cadets

14.1 Cadets in the technical field

The terms of this award apply to cadets in the technical field except where otherwise stated in this award. A cadet is a person without prior experience in the Manufacturing and Associated Industries and Occupations or other relevant experience who is employed under a contract of training with an employer to complete the training qualification for the C3/V12 level. The cadet must have achieved 50% of the modules required for the qualification as a full-time or part-time student before commencing employment with the employer.

14.2 Technology Cadets

(a) For the purposes of clause 14.2:

(i) Approved Training means training which is specified in the training plan which is part of the training contract registered with the relevant State or Territory Training Authority. It includes training and assessment undertaken both on and off-the-job in a Technology Cadetship and involves formal instruction, both theoretical and practical, supervised practice and assessment. The training reflects the requirements of the Technology Cadetship from the relevant Training Package endorsed by Australian Industry Skills Committee and leads to a qualification under the Australian Qualifications Framework (AQF).

(ii) Technology Cadet means a person who is undertaking a Technology Cadetship. The person is a signatory to a training contract registered with the relevant State or Territory Training Authority and is involved in paid work and structured training which may be on or off-the-job. A Technology Cadet does not include a person who already has the qualification to which the Technology Cadetship is directed or a person engaged as an apprentice, trainee or cadet under this award.

(iii) Relevant State or Territory legislation means the following legislation or any successor legislation:

• In the Australian Capital Territory, the Training and Tertiary Education Act 2003 (ACT);
• In New South Wales, the Apprenticeship and Traineeship Act 2001 (NSW).
• In the Northern Territory, the Training and Skills Development Act 2016 (NT);
• In Queensland, the Training and Employment Act 2000 (Qld).
• In South Australia, the Training and Skills Development Act 2008 (SA).
• In Tasmania, the Training and Workforce Development Act 2013 (Tas);
• In Victoria, the Education and Training Reform Act 2006 (Vic).
• In Western Australia, the Vocational Education and Training Act 1996 (WA).

(iv) Relevant State or Territory Training Authority means the bodies in the relevant State or Territory which exercise approval powers in relation to Technology Cadetships and register training agreements under the relevant State or Territory vocational education and training legislation.

(v) Technology Cadetship means a system of employment and training which has been approved by the relevant State or Territory Training Authority and endorsed by Australian Industry Skills Committee at AQF 3 Level or above and that leads to a qualification as a Technology Cadet in a National Training Package which is consistent with that determined from time to time by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, or a predecessor body.

(vi) Training contract means a contract for employment and training in a Technology Cadetship made between an employer and a Technology Cadet which is approved by and/or registered with the relevant State or Territory Training Authority.

(vii) Training Package means the competency standards, assessment guidelines and Australian Qualifications Framework qualifications endorsed for an industry or enterprise by Australian Industry Skills Committee and placed on the National Training Information Service with the approval of Commonwealth, State and Territory Ministers responsible for vocational education and training.

(viii) Training Plan means a program of training which forms part of the training contract registered with the relevant State or Territory Training Authority.

(b) The Technology Cadetship consists of 4 Stages. A Technology Cadet may enter the Technology Cadetship at Stage 1, 2, 3 or 4 provided that the entry requirements for the relevant stage are met. Progression through the Technology Cadetship is competency based. Where on-the-job training, off-the-job training and assessment has been successfully completed for a particular stage, by agreement between the employer and the Technology Cadet in writing and with the consent of the relevant State or Territory Training Authority, the relevant stage of the Cadetship will conclude. The entry and progression requirements and the maximum duration for each stage of the Technology Cadetship are set out in the following table:

(c) Over the period of the Technology Cadetship, the Technology Cadet will spend an average of at least 20% of their time in approved training.

(d) Subject to clause 14.2(b), a Technology Cadet may be required by the employer to serve an additional day for each day of absence, except in respect of absences due to annual leave, long service leave, paid bereavement leave and public holidays. Any overtime that has been worked by the Technology Cadet must be credited when calculating the additional time that needs to be worked. The next stage of the Technology Cadetship must not commence until the additional days have been worked. Further, a person is not entitled to the wage rate for the next year within a stage of the Technology Cadetship until the additional days have been worked.

(e) Reasonable overtime may be worked by the Technology Cadet provided that it does not affect the successful completion of the approved training. No Technology Cadet is to work overtime or shiftwork on their own unless consistent with the provisions of this award.

(f) No Technology Cadet is to work shiftwork unless the shiftwork makes satisfactory provision for approved training.

(g) A Technology Cadet is subject to a satisfactory probation period of up to 3 months which may be reduced at the discretion of the employer.

(h) Technology Cadets who fail to either complete the Technology Cadetship or who cannot for any reason be placed in full-time employment with the employer on successful completion of the Technology Cadetship are not entitled to notice of termination or redundancy pay. Provided that, where a Technology Cadet was employed by an employer immediately prior to becoming a Technology Cadet with that employer and the employer terminates the employment of such Technology Cadet, they must receive:

• notice of termination in accordance with the NES if their employment is terminated for a reason other than redundancy; or
• notice of termination and redundancy pay in accordance with the NES if their employment is terminated by reason of redundancy.

(i) Subject to clause 14.2(h) termination of employment of Technology Cadets is dealt with in the training contract or in the relevant State or Territory training legislation. An employer initiating such action must give written notice to the Technology Cadet at the time the action is commenced.

(j) The Technology Cadet is permitted to be absent from work without loss of continuity of employment and/or wages to attend the approved training. Where the employment of a Technology Cadet by an employer is continued after the completion of the Technology Cadetship, the Technology Cadetship period must be counted as service for the purposes of any relevant award or legislative entitlements.

15. Trainees

15.1 The terms of this award apply to trainees covered by the National Training Wage provisions, trainees in the technical field and trainee engineers and trainee scientists, except where otherwise stated in this award.

15.2 A trainee in the technical field must be allowed reasonable time (not exceeding an average of 8 hours per week during a school term) for the purpose of attending classes in connection with the appropriate certificate course on the same basis as apprentices in the establishment are allowed time off for day time schooling. For this purpose, years of experience as a trainee is equivalent to years of apprenticeship.

15.3 The course of study each year for a trainee engineer or trainee scientist must be agreed between the employer and trainee so that the maximum attendance at the approved educational institution does not exceed 3 nights per week of 2 hours’ lecture or 3 hours’ practical work each. All other time necessary for attendance at the approved educational institution to permit compliance with the syllabus thereat must be allowed off during the day without loss of pay. In the event of disagreement between the employer and the trainee regarding the course of study for any year, the recommendation of the educational institution must be accepted.

15.4 A trainee engineer or trainee scientist is not obliged to work overtime when it interferes with studies and no trainee engineer or trainee scientist is to be employed on shiftwork except at their own request during academic vacations.

15.5 A trainee engineer or trainee scientist is to be allowed reasonable leave of absence without loss of pay for the purpose of sitting for examination in any subject or subjects being studied for the year.

16. Unapprenticed juniors

The terms of this award apply to unapprenticed juniors except where otherwise stated in this award.

Part 3—Hours of Work

17. Ordinary hours of work and rostering

17.1 Hours of work

(a) Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

(b) Facilitative provisions in clauses 17.2 to 17.5 operate in conjunction with clause 7.3 or clause 7.4 as relevant.

17.2 Ordinary hours of work—day workers

(a) Subject to clause 17.5, the ordinary hours of work for day workers are an average of 38 per week but not exceeding 152 hours in 28 days.

(b) The ordinary hours for day workers will not exceed 8 per day unless otherwise agreed in accordance with clause 17.5.

(c) The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Friday. The days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee.

(d) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (6.00 am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or, in appropriate circumstances, between the employer and an individual employee. Any change to regular rosters or hours of work is subject to the consultative provisions in clause 41.2.

(e) Any work performed outside the spread of hours must be paid for at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose, for example, of getting the plant in a state of readiness for production work is to be regarded as part of the 38 ordinary hours of work.

(f) Where agreement is reached in accordance with clause 17.2(c), the rate to be paid to a day worker for ordinary time worked is:

(i) between midnight on Friday and midnight on Saturday—150% of the ordinary hourly rate; and

(ii) between midnight on Saturday and midnight on Sunday—200% of the ordinary hourly rate.

(g) A day worker required to work on a public holiday must be paid for a minimum of 3 hours’ work at the rate of 250% of the ordinary hourly rate. The 250% rate must be paid to the employee until the employee is relieved from duty.

17.3 Ordinary hours of work—continuous shiftworkers

(a) Clause 17.3 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The provisions relating to ordinary hours for continuous shiftworkers for these employees are prescribed in clause 49.1 of Part 9—Vehicle manufacturing employees of this award.

(b) Continuous shiftwork means worked carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

(c) Subject to clause 17.3(e), the ordinary hours of continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days. Continuous shiftworkers are entitled to a 20 minute meal break on each shift which must be counted as time worked. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause 41.2.

(d) The ordinary hours for continuous shiftworkers will not exceed 8 per shift unless otherwise agreed in accordance with clause 17.5.

(e) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed 12 months.

(f) Except at the regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.

17.4 Ordinary hours of work—non-continuous shiftworkers

(a) Clause 17.4 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The provisions relating to ordinary hours for non-continuous shiftworkers for these employees are prescribed in clause 49.2 of Part 9—Vehicle manufacturing employees of this award.

(b) Subject to clause 17.4(d), the ordinary hours of work for non-continuous shiftworkers are an average of 38 per week and must not exceed 152 hours in 28 consecutive days.

(c) The ordinary hours for non-continuous shiftworkers will not exceed 8 per shift unless otherwise agreed in accordance with clause 17.5.

(d) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

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

(f) Except at changeover of shifts, an employee must not be required to work more than one shift in each 24 hours.

17.5 Methods of arranging ordinary working hours

(a) Subject to the employer’s right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in clause 17.2(d) and the employer’s right to fix the commencing and finishing time of shifts from time to time, the arrangement of ordinary working hours must be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause 41.2.

(b) The matters on which agreement may be reached include:

(i) how the hours are to be averaged within a work cycle established in accordance with clauses 17.2, 17.3 and 17.4 and clauses 49.1 and 49.2 of Part 9—Vehicle manufacturing employees of this award for vehicle manufacturing employees covered by clause 4.8(a)(xi).

(ii) the duration of the work cycle for day workers provided that the duration does not exceed 3 months;

(iii) rosters which specify the starting and finishing times of working hours;

(iv) a period of notice of a rostered day off which is less than 4 weeks;

(v) substitution of rostered days off;

(vi) accumulation of rostered days off;

(vii) arrangements which allow for flexibility in relation to the taking of rostered days off; and

(viii) any arrangements of ordinary hours which exceed 8 hours in any day.

(c) Twelve hour days or shifts

By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

(i) proper health monitoring procedures being introduced;

(ii) suitable roster arrangements being made;

(iii) proper supervision being provided;

(iv) adequate breaks being provided; and

(v) a trial or review process being jointly implemented by the employer and the employees or their representatives.

(d) Payment for work on other than a rostered shift is in accordance with clause 33.2(g).

17.6 Daylight saving

For work performed which spans the start or finish of a system of daylight saving as prescribed by relevant State or territory legislation, an employee will be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock at the end of work).

17.7 Make up time

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

(b) An employee on shiftwork may elect, with the consent of their employer, to work make up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the rate which would have been applicable to the hours taken off.

18. Breaks

18.1 Meal breaks

An employee must not be required to work for more than 5 hours without an unpaid meal break of a minimum of 20 minutes except in the following circumstances:

(a) in cases where canteen or other facilities are limited to the extent that meal breaks must be staggered and as a result it is not practicable for all employees to take a meal break within 5 hours, an employee must not be required to work for more than 6 hours without a meal break; or

(b) by agreement between an employer and an individual employee or the majority of employees in an enterprise or part of an enterprise concerned, an employee or employees may be required to work in excess of 5 hours but not more than 6 hours without a meal break. Employees will be paid for the 6th hour at the rate applying immediately prior to the end of the 5th hour.

(c) Clause 50 of Part 9—Vehicle manufacturing employees of this award includes some additional provisions relating to meal breaks for vehicle manufacturing employees engaged in the technical field who are covered by clause 4.8(a)(xi).

18.2 Paid meal breaks—continuous shiftworkers

Continuous shiftworkers are entitled to a 20 minute paid meal break in accordance with clause 17.3(c). Clause 18.2 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi).

18.3 Paid breaks

Employees engaged in the technical field of work, technical workers, tracers and draughtspersons, production planners, trainee engineers and trainee scientists must be allowed a paid 10 minute morning tea rest period at a time fixed by the employer. Clause 18.3 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The rest break provisions for vehicle manufacturing employees are prescribed in clause 51.1 and 51.2 of Part 9—Vehicle manufacturing employees of this award.

18.4 Timing of taking breaks

(a) The time of taking a scheduled meal break or rest break by one or more employees may be altered by an employer if it is necessary to do so in order to meet a requirement for continuity of operations.

(b) An employer may stagger the time of taking meal and rest breaks to meet operational requirements.

18.5 Working through meal breaks

(a) Subject to clause 18.1, an employee must work during meal breaks at the rate of pay applying to the employee immediately prior to the scheduled meal break whenever instructed to do so for the purpose of making good any breakdown of plant or for routine maintenance of plant which can only be done while the plant is idle.

(b) Except as otherwise provided in clause 18 and except where any alternative arrangement is entered into by agreement between the employer and the employee concerned, an employee must be paid as follows for all work done during meal hours and thereafter until a meal break is taken:

(i) except in circumstances referred to in clauses 18.5(b)(ii), (iii) and (iv): 150% of the ordinary hourly rate;

(ii) where the unpaid meal break is during ordinary time on a Saturday or Sunday: 200% of the ordinary hourly rate;

(iii) where the unpaid meal break is during ordinary time on a shift on which the employee is entitled to a 15% loading: 165% of the ordinary hourly rate;

(iv) where the unpaid meal break is during ordinary time on a shift on which the employee is entitled a 30% loading: 180% of the ordinary hourly rate.

19. Ship trials

For an employee in the technical field engaged on ship trials, whether at wharf or in harbour or at sea, the following provisions also apply:

19.1 The employee’s time for the purpose of computing the time of trial duty is deemed to commence at the time the employee is instructed to be on board the vessel, provided the employee is ready to go aboard at that time, and is deemed to terminate at the time the employee gains contact with the shore. Where such contact is obtained by the vessel’s mooring at a wharf, contact is deemed to be gained when the gangway is lowered after mooring.

19.2 The maximum number of continuous hours the employee is required to be on duty is 12 hours. Should trials be planned for a longer duration a relief shift must be arranged before leaving wharf.

19.3 A reasonable time, not less than 30 minutes, or as otherwise agreed on, must be allowed for each meal. Lunch must be provided and the time of lunch must be, as far as practicable, between 12 noon and 2.00 pm. If the employee is required to be on board before 7.00 am breakfast must be provided, and if the trial continues after 6.00 pm a light dinner must be provided. Where shifts are being worked, adequate meals must be provided for each shift.

19.4 The employee must be paid 25% extra for time on duty while the vessel is at wharf and 50% extra for time on duty while the vessel is in harbour or at sea.

Part 4—Wages, Allowances and Classifications

20. Minimum rates

20.1 Adult employee minimum rates

(a) An adult employee, other than one specified in clause 20.1(d), within a level specified in the following table will be paid not less than the rate assigned to the appropriate classification, as defined in Schedule A—Classification Structure and Definitions and Schedule B—Vehicle Manufacturing Employees—Skill Level Definitions—Trades, Non-trades, Post-trades, Drivers, Technicians/ Technical Officers and Supervisors/Trainers/Coordinators:

NOTE: See Schedule C—Summary of Hourly Rates for a summary of hourly rates of pay including overtime and penalty rates.

(b) The rates in clause 20.1(a) prescribe minimum classification rates only. Employees may also be entitled to allowances, loadings or penalties under other clauses of this award.

(c) For the purposes of clause 20.1(a), any entitlement to a minimum rate expressed to be by the week means any entitlement which an employee would receive for performing 38 hours of work.

(d) The following adult employees are not entitled to the minimum rates set out in the table in clause 20.1(a):

(i) an adult apprentice (see clause 22—Adult apprentice minimum rates);

(ii) a trainee (see clause 24—Trainee minimum rates);

(iii) an employee receiving a supported wage (see Schedule E—Supported Wage System); and

(iv) an employee covered by clauses 20.1(f), 20.1(g), 28 or 30.2(f).

(e) Phasing in of rates for employees without relevant work experience

An employee who possesses the appropriate level of academic qualifications and who otherwise meets the requirements of the relevant classification definition but who is without prior experience in the Manufacturing and Associated Industries and Occupations or other relevant work experience must be paid in accordance with the following formula:

Qualification	Years of relevant experience	% of relevant classification level
Advanced Certificate or National Diploma	0	77% of C5/V10 level
	1	85% of C5/V10 level
	2	96% of C5/V10 level
	3	100% of C5/V10 level
Associate Diploma or National Advanced Diploma	0	72% of C3/V12 level
	1	79% of C3/V12 level
	2	89% of C3/V12 level
	3	93% of C3/V12 level
	4	100% of C3/V12 level

(f) An employee commencing work in the technical field who is without the appropriate qualification for the C10/V5 level or above (or who is undertaking training in the qualifications prescribed) and who has not met the equivalent standard in accordance with clause 20.1(e) but who otherwise meets the requirements of the relevant classification definition must be paid in accordance with the following formula:

(g) Supervisor/Trainer/Coordinator—Levels I and II

(i) The minimum hourly rate for a Supervisor/Trainer/Coordinator—Level I is 122% of the minimum hourly rate paid to the highest technically qualified employee supervised or trained or 104.3% of the standard rate per hour, whichever is the higher.

(ii) The minimum hourly rate for a Supervisor/Trainer/Coordinator—Level II is 115% of the minimum hourly rate paid to the highest paid employee supervised or trained or 113.1% of the standard rate per hour, whichever is the higher.

(h) A Supervisor/Trainer/Coordinator—Technical is paid an allowance in accordance with clause 30.2(f), instead of the rates in clause 20.1(g).

20.2 Higher duties

(a) An employee engaged for more than 2 hours during one day or shift on duties carrying a higher minimum rate than their ordinary classification must be paid the higher minimum rate for such day or shift.

(b) If engaged on duties carrying a higher minimum rate for 2 hours or less during one day or shift, an employee must be paid the higher minimum rate for the time so worked.

20.3 Supported wage system

For employees who, because of the effects of a disability, are eligible for a supported wage, see Schedule E—Supported Wage System.

20.4 National training wage

For employees undertaking a traineeship, see Schedule G—National Training Wage.

20.5 Classifications

(a) The classification structure and definitions set out in Schedule A—Classification Structure and Definitions and Schedule B—Vehicle Manufacturing Employees—Skill Level Definitions—Trades, Non-trades, Post-trades, Drivers, Technicians/ Technical Officers and Supervisors/Trainers/Coordinators apply to employees covered by this award except where otherwise stated.

(b) Procedure for classifying employees covered by the National Metal and Engineering Competency Standards

(i) Clause 20.5(b) does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi).

(ii) Procedures for classifying employees under this award are set out in the National Metal and Engineering Competency Standards Implementation Guide (the Guide) distributed by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee.

(iii) Where there is agreement to implement the competency standards at the enterprise, or in the event that the classification of an employee is called into question, the issue is to be settled by the application of competency standards in accordance with clause 20.5(b) and the National Metal and Engineering Competency Standards Implementation Guide or by reference to the minimum training requirement in the relevant classification definition, except as provided in clause 20.5(b)(iv).

(iv) Where the employee has a relevant qualification recognised as a minimum training requirement for the level at which the employee seeks to be classified and the employee is exercising or will be required to exercise the skills and knowledge gained from that qualification necessary for that level of work, the employee must be classified appropriately. It is up to the employer to demonstrate reasons for a qualification that is a recognised minimum training requirement not being regarded as relevant for an employee’s work.

(v) Other provisions to be followed where competency standards are being implemented in an enterprise are that:

• management and employee representatives responsible for overseeing the implementation of competency standards within an enterprise must be given access to briefing and/or training courses on the competency standards and their implementation prior to implementation; and
• such briefings and/or training courses on the competency standards and their implementation can be either a joint briefing delivered by the parties or by one party with the approval of other relevant parties at the enterprise or an approved course delivered by a recognised provider with the approval of the relevant parties at the enterprise, provided that this does not exclude the delivery of additional training or advice by the parties to an enterprise.

(vi) Points to be assigned to classification levels

The points to be assigned to the classification levels under this award are as contained in the following table:

Classification level	Recommended points
C14	-
C13	-
C12	Mandatory units plus 30 points
C11	Mandatory units plus 53 points
C10	Mandatory units plus 76 points
C9	12 additional points above C10
C8	24 additional points above C10
C7	36 additional points above C10
C6	48 additional points above C10
C5	60 additional points above C10 including mandatory units
C4	Standards to be finalised
C3	Standards to be finalised
C2a	Standards to be finalised
C2b	Standards to be finalised

(vii) Where competency requirements for a classification level are not expressed in points, the classification level of an employee is to be determined on the basis of the relative proportion of competencies in the National Metal and Engineering Competency Standards held and utilised by the employee which are equivalent to the specified minimum training requirements in a classification level. Clauses 20.5(b), (i), (iv) and (v) also apply.

(c) Procedure for classifying employees not classified by clause 20.5(b)

(i) Clause 20.5(c) does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi).

(ii) Where an employee’s level is not determined by the Metal and Engineering competency standards, the classification level is to be determined by the classification structure and definitions at Schedule A.1 to A.4 and by reference to the indicative tasks in Schedule A.5.

(d) Classification of vehicle manufacturing employees covered by clause 4.8(a)(xi).

(i) Clause 20.5(d) only applies to vehicle manufacturing employees covered by clause 4.8(a)(xi).

(ii) All adult employees (other than apprentices) must be classified according to the structure set out in Schedule B and according to the skill levels and duties required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer. The skill level definitions, according to which employees are to be classified, are set out in Schedule B—Vehicle Manufacturing Employees—Skill Level Definitions—Trades, Non-trades, Post-trades, Drivers, Technicians/ Technical Officers and Supervisors/Trainers/Coordinators.

(iii) Employers must advise each employee in writing of the classification and of any subsequent changes to their classification.

21. Apprentice minimum rates

21.1 Minimum rates for apprentices commencing or continuing an apprenticeship prior to 1 January 2014

For apprentices who commenced their apprenticeship prior to 1 January 2014 the minimum rates for an apprentice, except as provided for in clause 22—Adult apprentice minimum rates, are as set out in the following table, provided that progression through the stages set out in this table is in accordance with clause 21.7:

21.2 The table in clauses 21.1 and 21.6 apply to a Higher Engineering Tradesperson apprentice and an Advanced Engineering Tradesperson apprentice except that in Stage 4 a Higher Engineering Trade apprentice must receive a minimum rate of 88% of the C7/V8 level and an Advanced Engineering Tradesperson apprentice must receive a minimum rate of 88% of the C5/V10 level.

21.3 An apprentice who completes a Diploma of Engineering qualification must be paid 95% of the C5/V10 level minimum rates in the first year after completion of the apprenticeship and subsequently at the C5/V10 level rate of pay, provided that the qualification is relevant to the employment.

21.4 An employee who is under 21 years of age on the expiration of their apprenticeship and thereafter works as a minor in the occupation to which the employee was apprenticed must be paid at not less than the minimum rates prescribed for the classification.

21.5 The minimum rates in the table in clause 21.1 are established on the following basis:

21.6 Minimum rates for apprentices commencing an apprenticeship on and from 1 January 2014

The minimum rates for apprentices who commenced an apprenticeship on and from 1 January, 2014 except as provided for in clause 22, are as set out below, provided that progression through the stages set out in this table is in accordance with clause 21.7:

21.7 Conditions for progression through each stage

(a) The minimum rates for each stage of the apprenticeship are set out in clauses 21.1 and 21.6. The conditions for progression to each stage are set out in the following tables:

(b) Engineering / Vehicle Tradesperson—Where the training plan provides for the completion of a relevant AQF III qualification

Stage of apprenticeship	Entry, exit and progression requirements
Stage 1	Entry
	Nil entry requirements.
	Exit
	There is no exit point at this stage.
Stage 2	Entry
	An apprentice enters Stage 2:
	• on attainment of 25% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Certificate III qualification specified in the training plan; or
	• 12 months after commencing the apprenticeship, subject to clause 12.16;
	whichever is earlier.
	Exit
	There is no exit point at this stage.
Stage 3	Entry
	An apprentice enters Stage 3:
	• on attainment of 50% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Certificate III qualification specified in the training plan; or
	• 12 months after commencing Stage 2, subject to clause 12.16;
	whichever is earlier.
	Exit
	There is no exit point at this stage.
Stage 4	Entry
	An apprentice enters Stage 4:
	• on attainment of 75% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Certificate III qualification specified in the training plan; or
	• 12 months after commencing Stage 3, subject to clause 12.16;
	whichever is earlier.
	Exit
	Upon the attainment of 100% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Certificate III qualification specified in the training plan and subject to clauses 12.5(c), 12.7, 12.7(c) and clause 12.16, an apprentice will exit with the relevant AQF Certificate III qualification.

(c) Higher Engineering Tradesperson—Where the training plan provides for the completion of a relevant AQF IV qualification

Stage of apprenticeship	Entry, exit and progression requirements
Stage 1	Entry
	Nil entry requirements.
	Exit
	There is no exit point at this stage.
Stage 2	Entry
	An apprentice enters Stage 2:
	• on attainment of 25% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Certificate IV qualification specified in the training plan; or
	• 12 months after commencing the apprenticeship, subject to clause 12.16;
	whichever is earlier.
	Exit
	There is no exit point at this stage.
Stage 3	Entry
	An apprentice enters Stage 3:
	• on attainment of 50% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Certificate IV qualification specified in the training plan; or
	• 12 months after commencing Stage 2, subject to clause 12.16;
	whichever is earlier.
	Exit
	Upon the attainment of 75% of the Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Certificate IV qualification specified in the training plan and subject to clauses 12.5(c), 12.7, 12.7(c) and clause 12.16, an apprentice will exit with the relevant AQF Certificate III qualification.
Stage 4	Entry
	An apprentice enters Stage 4:
	• on attainment of 75% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Certificate IV qualification specified in the training plan; or
	• 12 months after commencing Stage 3, subject to clause 12.16,
	whichever is earlier.
	Exit
	Upon the attainment of 100% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Certificate IV qualification specified in the training plan and subject to clauses 12.5(c), 12.7, 12.7(c) and clause 12.16, an apprentice will exit with the relevant AQF Certificate IV qualification.

(d) Advanced Engineering Tradesperson—Where the training plan provides for the completion of a relevant AQF V qualification

Stage of apprenticeship	Entry, exit and progression requirements
Stage 1	Entry
	Nil entry requirements.
	Exit
	There is no exit point at this stage.
Stage 2	Entry
	An apprentice enters Stage 2:
	• on attainment of 25% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant Diploma of Engineering qualification specified in the training plan; or
	• 12 months after commencing the apprenticeship, subject to clause 12.16;
	whichever is earlier.
	Exit
	There is no exit point at this stage.
Stage 3	Entry
	An apprentice enters Stage 3:
	• on attainment of 50% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant Diploma of Engineering qualification specified in the training plan; or
	• 12 months after commencing Stage 2, subject to clause 12.16;
	whichever is earlier.
	Exit
	Upon the attainment of 75% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Diploma qualification specified in the training plan and subject to clauses 12.5(c), 12.7, 12.7(c) and clause 12.16, an apprentice may exit with the relevant AQF Certificate III and/or AQF Certificate IV qualification.
Stage 4	Entry
	An apprentice enters Stage 4:
	• on the attainment of 75% of the total Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Diploma specified in the training plan; or
	• 12 months after commencing Stage 3, subject to clause 12.16;
	whichever is earlier.
	Exit
	Upon the attainment of 100% of the Competency Points (for employees covered by the metal and engineering competency standards) or Competencies (for other employees) for the relevant AQF Diploma qualification specified in the training plan and subject to clauses 12.5(c), 12.7, 12.7(c) and clause 12.16, an apprentice will exit with a relevant AQF Diploma qualification.

22. Adult apprentice minimum rates

22.1 A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum rate by virtue of entering into the training contract. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 20.1 in which the adult apprentice was engaged immediately prior to entering into the training contract.

22.2 Subject to clause 22.1, the minimum rates for an adult apprentice are set out in Column 4 of the table in clause 21.1 and Column 3 of the table in clause 21.6 as determined by the relevant time period.

23. Cadet minimum rates

23.1 Cadet in the technical field

(a) The minimum rates for a cadet in the technical field are:

(b) The cadet is not entitled to be classified at the C3/V12 level and paid 100% of the C3/V12 level minimum rate, notwithstanding the fact that the qualification may have been obtained, until the 3 year program is completed and the requirements of the C3/V12 level definition are met.

23.2 Technology cadet minimum rates

(a) The minimum rates for a technology cadet are:

(b) Exit from technology cadetship

The minimum rate for an employee who has completed a technology cadetship and who is required to utilise the skills attained from their technology cadetship are set out in the following table:

On completion of	Time period	% of relevant level
Stage 1	Up to one year after successful completion of stage 1	88% of the C9/V6 rate
	One to up to 2 years after successful completion of stage 1	95% of the C9/V6 rate
	2 years after successful completion of stage 1	100% of the C9/V6 rate
Stage 2	Up to one year after successful completion of stage 2	88% of the C7 rate
	One to up to 2 years after successful completion of stage 2	95% of the C7 rate
	2 years after successful completion of stage 2	100% of the C7 rate
Stage 3	Up to one year after successful completion of stage 3	88% of the C5/V10 rate
	One to up to 2 years after successful completion of stage 3	95% of the C5/V10 rate
	2 years after successful completion of stage 3	100% of the C5/V10 rate
Stage 4	Up to one year after successful completion of stage 4	88% of the C3/V12 rate
	One to up to 2 years after successful completion of stage 4	95% of the C3/V12 rate
	2 years after successful completion of stage 4	100% of the C3/V12 rate

24. Trainee minimum rates

24.1 National training wage trainee minimum rates

(a) The minimum rates for a trainee covered by the national training wage provisions are set out in Schedule G—National Training Wage.

(b) Exit from traineeship

The minimum rates for an employee who has completed a national training wage traineeship and who is required to utilise the skills attained from their traineeship are set out in the following tables:

(i) On completion of Skill Level A

(ii) On completion of Skill Level B

(iii) On completion of Skill Level C

(c) The appropriate classification is the classification corresponding to the minimum training requirement or equivalent which is the normal outcome for the particular traineeship as advised by the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee. Provided that any additional competencies acquired during the period of experience during and subsequent to completion of the traineeship which are required or will be required to be utilised are also taken into account. Provided further that where the outcome is less than the C12/V3 level the employee is given the opportunity to acquire the additional competencies, where the attainment of the additional competencies meets the needs of the business, and when this is achieved the employee is reclassified from the C13/V2 to C12/V3 level.

(d) The minimum rates provided for in clause 24.1(b) are to receive wage increases that are in proportion to the wage increases provided to the minimum rate of the C11/V4 level in respect of Skill Level B, the C12/V3 level in respect of Skill Level C, and the C10/V5 level in respect of Skill Level A.

(e) Whether a traineeship falls within Skill Level A, Skill Level B or Skill Level C will be determined by the advice of the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee. Based on the advice the relevant industry committee, which is currently the Manufacturing and Engineering Industry Reference Committee, the Foundation Engineering Traineeship is a Skill Level C, the Engineering Traineeship is a Skill Level B, the Advanced Engineering Traineeship is a Skill Level B or a Skill Level A depending on the level of the Engineering Production Certificate which the traineeship is designed to achieve and the Engineering Traineeship Technician is a Skill Level A.

24.2 Technical field trainee minimum rates

The minimum rates for a trainee in the technical field who is undergoing a certificate course appropriate to their work which is prescribed by the relevant State education department or a course at least equivalent thereto are:

24.3 Trainee engineer and trainee scientist minimum rates

The minimum rates for a trainee engineer or trainee scientist pursuing a part-time course approved by the employer leading to qualification as an engineering graduate or diplomate or science graduate or diplomate are:

25. Unapprenticed junior minimum rates

25.1 Unapprenticed junior rates

The minimum rates for an unapprenticed junior, except an unapprenticed junior in a foundry, a junior tracer in the technical field of vehicle manufacturing covered by clause 4.8(a)(xi) and a junior engaged on the operations set out in clause 25.4, are:

25.2 The minimum rates for junior tracers in the technical field of vehicle manufacturing covered by clause 4.8(a)(xi) are prescribed in clause 52 of Part 9—Vehicle manufacturing employees.

25.3 Unapprenticed junior in a foundry

The minimum rates for an unapprenticed junior in a foundry are:

25.4 A junior engaged on any of the following operations is entitled to receive the minimum rates for an adult employee in accordance with clause 20.1:

(a) angle iron cropping where the material weighs more than 5.2 kg per metre and is not clamped; or

(b) assisting a steel furnace ladle operator other than in daubing or repairing ladles; or

(c) assisting a storeperson racking and/or loading and/or unloading off vehicles, heavy steel plates, bars or sections; or

(d) breaking up pig iron; or

(e) carrying material to or from a cupola forge or electric steel furnace or using the slicer or hanging on to the end of a bloom, except in the case of a junior moulder; or

(f) cutting out and punching rivets or plates; or

(g) cutting plates by means of a hammer and cold set; or

(h) plate edge planners in structural steel or ship building yards where the operator travels on the machine; or

(i) punching machines handling plates of a mass more than 38 kg; or

(j) shearing machines, other than guillotine plate shearers, handling plates of a mass of more than 38 kg.

26. Extra rates not cumulative

The extra rates in this award, except rates prescribed in clause 30.4—Special rates and rates for work on public holidays are not cumulative so as to exceed the maximum of double the ordinary hourly rate.

27. 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.

27.1 Period of payment

(a) Except as provided for in clause 27.1(b), wages must be paid weekly or fortnightly either:

(i) according to the actual ordinary hours worked each week or fortnight; or

(ii) according to the average number of ordinary hours worked each week or fortnight.

(b) By agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid 3 weekly, 4 weekly or monthly. Agreement in this respect may also be reached between the employer and an individual employee.

27.2 Method of payment

(a) Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.

(b) In the case of an employee paid by cheque, if the employee requires it, the employer is to have a facility available during ordinary hours for the encashment of the cheque.

27.3 Payment of wages on termination of employment

On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee by post on the next working day.

27.4 Day off coinciding with pay day

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

27.5 Wages to be paid during working hours

(a) Where an employee is paid wages by cash or cheque such wages are to be paid during ordinary working hours.

(b) If an employee is paid wages by cash and is kept waiting for their wages on pay day, after the usual time for ceasing work, the employee is to be paid at overtime rates for the period they are kept waiting.

27.6 Absences from duty under an averaging system

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

(a) The employee will accrue a credit for each day they work ordinary hours in excess of the daily average.

(b) The employee will not accrue a credit for each day of absence from duty, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service.

(c) An employee absent for part of a day, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service, accrues a proportion of the credit for the day, based on the proportion of the working day that the employee was in attendance.

28. Annualised wage arrangements

28.1 Clause 28—Annualised wage arrangements apply to an employer and an individual employee who is a Supervisor/Trainer/Coordinator Level I or II (as defined in clause 2—Definitions).

28.2 Annualised wage instead of award provisions

(a) An employer and a full-time employee may enter into a written agreement for the employee to be paid an annualised wage in satisfaction, subject to clause 28.2(c), of any or all of the following provisions of the award:

(i) clause 17.2(e)—Penalty rate for ordinary hours worked outside spread of hours—day workers;

(ii) clause 17.2(f)—Weekend penalty rates for ordinary hours—day workers;

(iii) clause 17.2(g)—Public holiday penalty rates for ordinary hours—day workers;

(iv) clause 18.5(b)—Penalty rate for work done during meal breaks;

(v) clause 19.4—Ship trial penalty rates;

(vi) clause 20—Minimum rates;

(vii) clause 30—Allowances and special rates;

(viii) clause 27—Payment of wages;

(ix) clause 33.1—Penalty rates for day workers;

(x) clause 33.2(g)—Methods of arranging ordinary working hours – work on a shift other than a rostered shift;

(xi) clause 33.2—Special provisions for shiftworkers;

(xii) clause 32—Overtime;

(xiii) clause 34.4—Annual leave loading;

(xiv) clause 53—Allowances and related matters—vehicle manufacturing employees;

(xv) clause 55—Shiftwork and rates—vehicle manufacturing employees; and

(xvi) clause 56—Overtime—vehicle manufacturing employees.

(b) Where a written agreement for an annualised wage agreement is entered into, the agreement must specify:

(i) the annualised wage that is payable;

(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;

(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation;

(iv) the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a pay period or roster cycle without being entitled to an amount in excess of the annualised wage in accordance with clause 28.2(c).

(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in the agreement pursuant to clause 28.2(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

(d) The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.

(e) The agreement may be terminated:

(i) by the employer or the employee giving 12 months’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or 

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

28.3 Annualised wage not to disadvantage employees

(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).

(b) The employer must each 12 months from the commencement of the annualised wage arrangement or, within any 12 month period upon the termination of employment of the employee or termination of the agreement, calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.

(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 28.3(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.

28.4 Base rate of pay for employees on annualised wage arrangements

For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 20—Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.

29. Employer and employee duties

29.1 An employer may direct an employee to carry out such duties as are within the limits of the employee’s skills, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

29.2 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

29.3 Any direction issued by an employer under clause 29 must be consistent with the employer’s responsibilities to provide a safe and healthy working environment.

30. Allowances and special rates

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.

30.1 Employers must pay to an employee the allowances the employee is entitled to under clause 30.

NOTE: See Schedule D—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

30.2 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:
• Leading hand allowance (clause 30.2(a));
• Ship repairing allowance (clause 30.2(b));
• Tool allowance—tradespersons and apprentices (clause 30.2(c));
• Tool allowance—carpenter or joiner or shipwright/boatbuilder (clause 30.2(d));
• Technical computing equipment allowance (clause 30.2(e));
• Supervisor/Trainer/Coordinator—Technical allowance (clause 30.2(f)); and
• Artificial fertilizers and chemicals allowance (clause 30.2(g)).
(a) Leading hand allowance

(i) An employee who is appointed by the employer to be a leading hand must be paid an allowance each week as follows:

In charge of	$ per week
3–10 employees	37.75
11–20 employees	56.39
More than 20 employees	71.78

(ii) This allowance will be paid for all purposes of this award.

(b) Ship repairing allowance

(i) An employee engaged on ship repairs must be paid:

	$ per week
Tradespersons	17.14
All other employees	13.87

(ii) This allowance will be paid for all purposes of this award.

(c) Tool allowance—tradespersons and apprentices

(i) This allowance does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The tool allowance for these employees is prescribed in clause 53.1 of Part 9—Vehicle manufacturing employees of this award.

(ii) Except as otherwise provided in clause 30.2(c), a tradesperson must be paid a tool allowance of $15.29 per week for supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson.

(iii) The tool allowance in clause 30.2(c) does not apply to an employer who had a practice as at 5 November 1979 of providing all tools required by a tradesperson or an apprentice in the performance of their work. Such an employer is entitled to continue this practice.

(iv) Where an employer other than an employer referred to in clause 30.2(c)(iii) reaches an agreement with an individual tradesperson or apprentice to provide all of the tools required in the performance of their work, the tool allowance is not payable.

(v) The tool allowance in clause 30.2(c) applies to an apprentice on the same percentage basis as set out in Column 1 of clause 21.5 or Column 1 of clause 21.6 as applicable.

(vi) An employer is to provide for the use of a tradesperson or an apprentice all necessary power tools, special purpose tools, precision measuring instruments and, for a sheet metal worker, snips used in the cutting of stainless steel, monel metal and similar hard metals.

(vii) A tradesperson or apprentice is to replace or pay for any tools supplied by their employer which are lost as a result of negligence on the part of the employee.

(viii) The provision of tools under the Federal government Tools for your trade scheme does not constitute the provision of all tools by the employer for the purposes of clauses 30.2(c)(iii) and (iv).

(ix) This allowance will be paid for all purposes of this award.

(d) Tool allowance—carpenter or joiner or shipwright/boatbuilder

(i) This allowance does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The tool allowance for these employees is prescribed in clause 53.1 of Part 9—Vehicle manufacturing employees of this award.

(ii) A carpenter or joiner or shipwright/boatbuilder must be paid a tool allowance of $28.94 per week.

(iii) This allowance will be paid for all purposes of this award.

(e) Technical computing equipment allowance

(i) An allowance of $44.61 per week must be paid to an employee in the technical field who is required to use technical computing equipment to perform work of a complex nature.

(ii) This allowance is not payable for routine or repetitive functions, or where the system is used merely as an aid.

(iii) Technical computing equipment means computer hardware (including personal computers, microcomputers, mini computers or mainframe computers) using software and/or engineering applications (including design, engineering, planning or data base programs) which are used for drafting, planning, quality control, machine programming, NC programming and engineering analysis.

(iv) Work of a complex nature includes:

• the application of new concepts in their field of work, including the use of 3 dimensional projections; or
• the development of specialised programs for technical computing applications; or
• system development, including the evaluation of existing and alternative systems ancillary software and/or hardware; or
• the provision of training on the system for users, including the development and evaluation of self-learn and/or teaching methods or software packages.

(v) This allowance will be paid for all purposes of this award.

(f) Supervisor/Trainer/Coordinator—Technical allowance

(i) A Supervisor/Trainer/Coordinator—Technical, who is responsible primarily for the exercise of skills in the technical field up to the level of their skill and competence and who is additionally involved in the supervision/training of other technical employees must be paid not less than 107% of the minimum rate applicable to the employee’s technical classification.

(ii) This allowance will be paid for all purposes of this award.

(g) Artificial fertilizers and chemicals allowance

(i) An employee who performs work in respect of artificial fertilizers, chemicals, alkalis and all processes involving chemical synthesis, other than an employee engaged at the C1–C10 level, must be paid an industry allowance of $9.10 per week extra if the work is in relation to fertilizers and related activities (other than acid) and $11.96 otherwise.

(ii) An employee who both performs work in respect of artificial fertilizers, chemicals, alkalis and all processes involving chemical synthesis and is a chemical/fertilizer production worker must be paid the following disability allowance for:

Duty	$ per day
General duties	1.63
Acid production and related activities	2.61
Fertiliser production and despatch	2.79

(iii) This allowance will be paid for all purposes of this award.

30.3 Other allowances

(a) Vehicle allowance

A vehicle allowance of $0.78 per kilometre travelled must be paid to an employee who reaches an agreement with their employer to use their own vehicle for the employer’s business.

(b) First aid allowance

An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid an additional amount of $17.16 per week if appointed by their employer to perform first aid duty.

(c) Meal allowance

(i) Clause 30.3(c) does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The overtime meal allowance provisions for these employees are prescribed in clause 56.4 in Part 9—Vehicle manufacturing employees of this award.

(ii) A meal allowance of $14.70 must be paid to an employee on each occasion the employee is entitled to a rest break in accordance with clause 32.11 except in the following circumstances:

• if the employee is a day worker and was notified no later than the previous day that they would be required to work overtime; or
• if the 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; or
• if the employee lives in the same locality as the enterprise and could reasonably return home for meals; or
• if the employee is provided with an adequate meal by the employer.

(iii) If an employee has provided a meal or meals on the basis that they have been given notice to work overtime and the employee is not required to work overtime or is required to work less than the amount advised, they must be paid the prescribed meal allowance for the meal or meals which they have provided but which are surplus.

(d) Damage to clothing, spectacles, hearing aids and tools

(i) Compensation must be made by an employer to an employee to the extent of the damage sustained where, in the course of work, clothing, spectacles, hearing aids or tools of trade are damaged or destroyed by fire or molten metal or through the use of corrosive substances. The employer’s liability in respect of tools is limited to the tools of trade which are ordinarily required for the performance of the employee’s duties. Compensation is not payable if an employee is entitled to workers compensation in respect of the damage.

(ii) Where an employee as a result of performing any duty required by the employer, and as a result of negligence of the employer, suffers any damage to or soiling of clothing or other personal equipment, including spectacles and hearing aids, the employer is liable for the replacement, repair or cleaning of such clothing or personal equipment including spectacles and hearing aids.

(e) Case hardened prescription lenses

An employer who requires an employee to have their prescription lenses case hardened must pay for the cost of case hardening.

(f) Protective clothing and equipment allowance

Where an employee is required to wear protective clothing and equipment as stipulated by the relevant law operating in a State or Territory, the employer must reimburse the employee for the cost of purchasing such special clothing and equipment unless the clothing and equipment is paid for by the employer.

(g) Engine driver and fireperson allowance

(i) Subject to clause 30.3(g)(ii) and (iii) a boiler attendant, an engine driver or fireperson must be paid the following for:

Duty	$ per week
Attending to refrigeration compressors	36.25
Attending to an electric generator or dynamo exceeding 10kW capacity	36.25
Being in charge of plant	36.25
Attending to a switchboard where the generating capacity is 350kW or over	11.30

(ii) The allowances in clause 30.3(g)(i), except as to dragline excavators and tractors, are not cumulative to the extent of increasing the minimum rate of an employee above the C10 level.

(iii) The minimum rates for an engine driver attending a refrigeration compressor or compressors are:

• where the capacity is 88 kW or less, the C11/V4 level; and
• where the capacity is more than 88 kW, the C10/V5 level.

(h) Cleaner, greaser or oiler allowance

If a cleaner, greaser or oiler sometimes under the supervision of an engine driver stops or starts an engine, they must be paid an allowance of $33.60 per week.

(i) Manganese dioxide and other pigments allowance

An employee required to handle manganese dioxide and other pigments must be paid as follows:

(i) $1.93 per hour for the first 2 hours; or

(ii) $13.69 per day where the work lasts over 2 hours.

30.4 Special rates

Subject to clauses 30.4(a) and 30.4(b) the following special rates must be paid to an employee including an apprentice and a junior:
(a) Special rates not cumulative

(i) Where more than one of the disabilities set out in clause 30.4 entitles an employee to extra rates, the employer must pay only one rate, namely the highest applicable rate for the applicable disabilities.

(ii) Clause 30.4(a)(i) does not apply to the following allowances, the rates for which are cumulative:

• Cold places (clause 30.4(c));
• Hot places (clause 30.4(d));
• Wet places (clause 30.4(e))
• Confined spaces (clause 30.4(f));
• Dirty work (clause 30.4(g)); and
• Height money (clause 30.4(h)).

(b) Special rates are not subject to penalty additions

The special rates in clause 30.4 must be paid irrespective of the times at which the work is performed, and are not subject to any premium or penalty additions.

(c) Cold places

(i) An employee who works for more than one hour in places where the temperature is reduced by artificial means below 0 degrees Celsius must be paid an allowance of $0.64 per hour.

(ii) In addition, where the work continues for more than 2 hours, the employee is entitled to 20 minutes rest after every 2 hours work without loss of pay.

(d) Hot places

(i) An employee who works for more than one hour in the shade in places where the temperature is raised by artificial means must be paid:

• $0.66 per hour where the temperature is between 46 and 54 degrees Celsius;
• $0.86 per hour where the temperature is in excess of 54 degrees Celsius.

(ii) In addition, where work continues for more than 2 hours in temperatures exceeding 54 degrees Celsius, the employee is entitled to 20 minutes rest after every 2 hours work without loss of pay.

(iii) The temperature is to be determined by the supervisor after consultation with the employee who claims the extra rate.

(e) Wet places

(i) An employee working in any place where their clothing or boots become saturated by water, oil or another substance, must be paid an allowance of $0.66 per hour.

(ii) Any employee who becomes entitled to this allowance must be paid the allowance only for the part of the day or shift they are required to work in wet clothing or boots.

(iii) The wet places allowance is not payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear.

(f) Confined spaces

A confined spaces allowance of $0.86 per hour must be paid to an employee working in a confined space.

(g) Dirty work

(i) A dirty work allowance of $0.66 per hour must be paid to an employee where the employee and their supervisor agree that work (other than ship repair work) is of an unusually dirty or offensive nature.

(ii) A dirty work allowance of $0.86 per hour must be paid to an employee where the employee and their supervisor agree that certain ship repair work is of an unusually dirty or offensive nature.

(h) Height money

A height money allowance of $0.48 per hour is to be paid to an employee other than a linesperson, linesperson’s assistant, rigger and splicer, engaged in the construction, erection, repair and/or maintenance as the case may be, of ships, steel frame buildings, bridges, gasometers or other structures at a height in each case of 15 metres or more directly above the nearest horizontal plane.

(i) Meat digesters and oil tanks

A meat digesters and oil tanks allowance of $0.66 per hour must be paid to an employee working on repairs in oil tanks or meat digesters. An employee engaged on such work for more than half of a day or shift must be paid the special rate for the whole day or shift.

(j) Sanitary works

A sanitary works allowance of $0.45 per hour must be paid to an employee working in a sanitary works.

(k) Insulation materials

(i) An insulation materials allowance of $0.86 per hour must be paid to an employee handling loose slag wool, loose insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise, when employed on ship construction or ship repairing or on the construction, repair or demolition of furnaces, walls, floors and/or ceilings.

(ii) This allowance does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). A glass and slag wool allowance for these employees is prescribed in 53.5 of Part 9—Vehicle manufacturing employees of this award.

(l) Slaughtering yards

A slaughtering yards allowance of $0.48 per hour must be paid to an employee working in slaughtering yards.

(m) Boiler repairs

(i) An employee working on repairs to smoke-boxes, fire-boxes, furnaces or flues of boilers must be paid an allowance of $0.48 per hour.

(ii) An employee engaged on repairs to oil fired boilers, including the castings, uptakes and funnels, or flues and smoke stacks must be paid an allowance of $1.68 per hour while working inside such a boiler.

(n) Underground mine work

An electrician working underground in a mine must be paid an additional 12% of the minimum rate applicable for the time spent working underground.

(o) Explosive powered tools

An employee required to use explosive powered tools must be paid an allowance of $1.70 per day. Where an hourly rate is required, it is calculated by dividing the rate by 7.6.

(p) Ships in dock

An employee working under a ship in a dock or slipway must be paid an allowance of $0.48 per hour when working on the removal and/or bolting up of plates or in burning-off on those portions of a ship where the height from the dock or shipway floor to the hull of the ship is less than 1.4 metres.

(q) Foundry allowance

(i) An employee working in a foundry must be paid an allowance of $0.50 for each hour worked to compensate for all disagreeable features associated with foundry work including heat, fumes, atmospheric conditions, sparks, dampness, confined spaces and noise.

(ii) The foundry allowance is payable instead of any payment otherwise due under clause 30.4.

(iii) For the purposes of clause 30.4(q), foundry work means any operation in the production of castings by casting metal in a mould made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shell moulding, centrifugal casting or continuous casting and, where carried on as an incidental process in connection with and in the course of the aforementioned production, the preparation of moulds and cores (but not in the making of patterns and dies in a separate room), knock out processes and dressing operations, but does not include any operations performed in connection with:

• non-ferrous die casting (including gravity and pressure); or
• casting of billets and/or ingots in metal moulds; or
• continuous casting of metal into billets; or
• melting of metal for use in printing; or
• refining of metal.

(iv) An employee is not entitled to be paid the foundry allowance for any work in a foundry during any period that foundry production is not being carried out, with the exception of any work carried out within the 8 hour period immediately following the cessation of foundry production.

(r) Boiling down works

An employee working in boiling down works must be paid an allowance of $0.48 per hour.

(s) Lead works

An allowance of $0.48 per hour must be paid to an employee working in lead works.

(t) Handlers of carbon black

(i) A storeperson and packer handling carbon black in a bulk store, a forklift driver handling or transporting carbon black (except when it is packed in sealed metal containers), an employee handling carbon black elsewhere before processing, an employee engaged in processing free carbon black, a cleaner employed in sweeping free carbon black and an employee engaged in baling used carbon black bags must be paid an allowance of $1.09 per hour.

(ii) In addition, an employer must pay an overall allowance of $0.35 per day extra for each day in respect of which an employee must be paid the special rate in clause 30.4(t)(i) for handling carbon black, unless the employer provides such an employee with 2 sets of overalls per year.

(iii) An employee entitled to the special rate in clause 30.4(t)(i) must be allowed 15 minutes washing time at the end of each shift.

(u) Installing or repairing belting underground in mines

An employee required to install or repair any type of belting underground in mines must be paid an allowance of $0.34 per hour.

(v) Processing free coal dust

An employee engaged in processing free coal dust must be paid an allowance of $0.48 per hour.

(w) Boiler cleaning—engine driver

(i) This allowance does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). A boiler house employee allowance for these employees is prescribed in clause 53.7 of Part 9—Vehicle manufacturing employees of this award.

(ii) An engine driver, engaged inside the gas or water space of any boiler, flue or economiser, in cleaning or scraping work must be paid an allowance of $1.86 per hour while so employed.

(iii) The allowance in clause 30.4(w) is paid instead of the special rates for hot places, wet places, confined spaces, dirty work or boiler repairs.

(x) Second-hand work

(i) An employee working on second-hand upholstering, bedding, floor covering and/or soft furnishings must be paid an additional 25% of the minimum rate applicable to the employee’s classification while engaged on such work.

(ii) Before any work is performed on second-hand bedding, the bedding must be vacuum fumigated.

(iii) For the purposes of clause 30.4(x), second-hand upholstering means all work done while stripping old materials and preparing the job for the use of new materials; patching; replacing flock, fibre or stuffing taken from the job and replaced; or replacing old covers on rubber, foam or other like material. However, second-hand upholstering does not mean the cutting and sewing of new materials where the work is done away from the job; the placing of new materials on the job where the job has been reduced to the frame or where springs and/or webbing are left; the replacing of new covers on rubber or foam or other like material; or the replacing of new upholstering and old material after such old material is wholly covered by new hessian or new material.

(iv) All work on floor coverings and soft furnishings once they have been laid and fixed, must be classed as second-hand unless such floor coverings or soft furnishings have been thoroughly cleaned by subjection to a dry cleaning process in the case of soft furnishings and to a shampooing process involving lifting in the case of floor coverings. Provided, however, that the second-hand rate must at all times apply to sewers of second-hand floor coverings.

(y) Foreign rock

An employee who both performs work in respect of artificial fertilizers, chemicals, alkalis and all processes involving chemical synthesis and is a chemical/fertilizer production worker and who also handles phosphate rock other than that from Nauru, Ocean, Makatea or Christmas Island must be paid the following for:

Nature of work	$ per week
Rock phosphate, superphosphate and mixed manure sections receiving ex ship or railway truck	7.63
Handling rock phosphate to crushers and all other employees in the rock phosphate section	7.22
Mixing superphosphate	7.22
Excavating bins, and the manufacture or excavating of superphosphate until such time as it is dumped on the heap for curing	4.70
The handling of superphosphate from the heap until loading in wagons or trucks for despatch, including the manufacture and despatch of mixed fertilizers	2.86

(z) Farmers’ own bags

An employee who both performs work in respect of artificial fertilizers, chemicals, alkalis and all processes involving chemical synthesis and is a chemical/fertilizer production worker must be paid the following for:

Function	$ per day
Sorting, branding, bagging, dumping, sewing or trucking, fertilizing materials in farmers’ own bags	0.57
Loading double-handling into railway or other trucks, fertilizing materials in farmers’ own bags	1.04
Loading single-handling into railway or other trucks, fertilizing materials in farmers’ own bags	1.41

(aa) Soda ash

An employee manually engaged in carrying and stacking bagged soda ash must be paid an allowance of $2.00 per hour for the time so engaged.

(bb) Raw materials

An employee manually engaged in carrying and stacking bagged raw materials (other than soda ash) and crushing cullet, attending a pug mill or in feeding a bag cleaning machine must be paid an allowance of $0.75 per hour for the time so engaged.

(cc) Skimming and floater setting—flat glass tank

An employee engaged in skimming the drawing pit when a machine is not actually in operation or in the actual operation of floater setting on the tank must be paid an allowance of $2.86 per half hour for the time so engaged.

(dd) Glass furnace regenerators

An allowance of $15.75 per day must be paid to an employee engaged on the work of building, rebuilding, or packing glass furnace regenerators.

(ee) Float glass furnace repair

An employee directly engaged in the removal of molten tin from the float glass bath while the float glass furnace is undergoing repair must be paid an additional 100% of the minimum rate applicable to the employee’s classification for the time so engaged.

(ff) Jack bolt tensioner

An allowance of $8.54 per shift or part thereof must be paid to an employee who is engaged in adjusting the tensioner of jack bolts while a furnace is under heat.

(gg) Loading and unloading away from employer’s premises

An allowance of $8.54 per shift or part thereof must be paid to an employee who is engaged in loading and/or unloading operations at wharves or railway yards elsewhere than on the employer’s premises.

30.5 Transfers, travelling and working away from usual place of work

(a) Excess travelling and fares

An employee required to start and/or finish work at a job away from the employer’s usual workplace must be paid:

(i) travelling time for all time reasonably spent by the employee in reaching and/or returning from the job which is in excess of the time normally spent by the employee in travelling between the employee’s usual residence and the employee’s usual workplace; and

(ii) any fares reasonably incurred by the employee or which would have been incurred by the employee had the employee not used their own means of transport, which are in excess of those normally incurred in travelling between the employee’s residence and the employee’s usual workplace, provided that if the employee used their own means of transport then excess fares need not be paid where the employee has an arrangement with their employer for a regular allowance.

(b) Engagement of labour away from workshops

(i) Subject to clause 30.5(b)(ii), an employer is free to engage labour on the site of a job carried on away from the workshop, without payment for any travelling time or fares, unless such employee is sent from the workshop.

(ii) If an employee engaged for the erection of a job had previously been engaged by the same employer in the fabrication of the job in a workshop they must be paid fares in excess of those incurred in travelling to and from the workshop.

(c) Distant work

(i) An employee required to remain temporarily away from the employee’s usual residence because the employee is working temporarily in a locality away from the employee’s usual workplace must be paid travelling time for necessary travel between the locality and the employee’s usual workplace and expenses.

(ii) After each 4 week period on distant work an employee is entitled to be paid for a return fare reasonably incurred for personal travel between the locality and the employee’s usual residence, unless such distant work is inherent in the normal work of the employee.

(d) Transfer involving change of residence

An employee:

(i) engaged in one locality to work in another; or

(ii) sent other than at his or her own request, from his or her usual locality to another for employment which can reasonably be regarded as permanent;

involving a change in residence will be paid travelling time whilst necessarily travelling between such localities and expenses for a period not exceeding 3 months or in cases where the employee is in the process of buying a place of residence in the new locality for a period not exceeding 6 months. Provided that such expenses will cease after the employee has taken up permanent residence or abode at the new location.

(e) Travelling time payment

(i) The rate of pay for travelling time on Monday to Saturday is the ordinary hourly rate of pay and on Sundays and public holidays is 150% of the ordinary hourly rate.

(ii) The maximum travelling time to be paid for is 12 hours out of every 24 hours or, when a sleeping berth is provided by the employer for all-night travel, 8 hours out of every 24 hours.

(f) Expenses for the purpose of clause 30.5 means:

(i) all fares reasonably incurred;

(ii) reasonable expenses included while travelling including $14.70 for each meal taken; and

(iii) a reasonable allowance to cover the cost incurred for board and lodging.

30.6 Training costs

(a) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training agreed to by the employer must be reimbursed by the employer on the production of evidence of such expenditure by the employee, provided that reimbursement may be on an annual basis subject to the presentation of reports of satisfactory progress.

(b) Travel costs incurred by an employee undertaking training agreed to by the employer, which exceed those normally incurred in travelling to and from work, must be reimbursed by the employer.

(c) Clause 30.6 does not apply to costs associated with training that are in connection with an apprentice’s training contract. Such costs are subject to clause 12—Apprentices and not clause 30.6.

(d) Clause 30.6 does not apply to costs associated with training that are in connection with a trainee’s training contract for vehicle manufacturing trainees covered by clause 4.8(a)(xi). Training costs for these trainees are prescribed in clause 48—Payment of fees for vehicle manufacturing trainees of Part 9—Vehicle manufacturing employees of this award.

31. Superannuation

31.1 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.

31.2 Employer contributions

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

31.3 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 31.2.

(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 3 months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 31.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 31.3(a) or (b) was made.

31.4 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 31.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 31.2 and pay the amount authorised under clauses 31.3(a) or (b) to one of the following superannuation funds or its successor:

(a) AustralianSuper; or

(b) Labour Union Cooperative Retirement Fund (LUCRF); or

(c) TasPlan; or

(d) Sunsuper; or

(e) CareSuper; or

(f) Cbus; or

(g) FIRSTSUPER; or

(h) Allied Union Superannuation Trust of Queensland (Aust(Q)); or

(i) MTAA Superannuation Fund; or

(j) Statewide Superannuation Trust; or

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

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

31.5 Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 31.2 and pay the amount authorised under clauses 31.3(a) or (b):
(a) Paid leave

While the employee is on any paid leave.

(b) Work related injury or illness

For the period of absence from work (subject to a maximum of 52 weeks in total) of the employee due to work related injury or work-related illness provided that:

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

(ii) the employee remains employed by the employer.

Part 5—Overtime and Penalty Rates

32. Overtime

32.1 Definition of overtime

(a) Overtime work is any work performed outside the ordinary hours on any day or shift as defined by clauses 17.2, 17.3 and 17.4.

(b) For the purposes of clause 32, ordinary hours means the hours worked in an enterprise, fixed in accordance with clause 17.

(c) Overtime work for a part-time employee is any work performed in excess of the hours agreed under clauses 10.3 and 10.4.

(d) The hourly rate, when computing overtime, is determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.

(e) In computing overtime each day’s work stands alone.

32.2 Payment for overtime—other than continuous shiftworkers

Employees will be paid the following rates for overtime worked (except as otherwise provided in clauses 32.3, 32.6, 32.7, 32.8):

(a) 150% of the ordinary hourly rate for the first 3 hours; and

(b) 200% of the ordinary hourly rate thereafter.

32.3 Unrelieved shiftwork on rostered day off

(a) Clause 32.3 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi).

(b) If a shiftworker is required to work on their rostered day off because of the absence of a relieving employee, the unrelieved shiftworker must be paid 200% of the ordinary hourly rate for all hours worked on their rostered day off.

(c) Clause 32.3 applies when not less than 7.6 hours’ notice has been given to the employer by a relief shiftworker that the relief shiftworker will be absent from work.

32.4 Payment for overtime—continuous shiftworkers

(a) A continuous shiftworker working overtime will be paid 200% of the ordinary hourly rate. Clause 32.4(a) does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi).

(b) A continuous shiftworker who is a vehicle manufacturing employee covered by clause 4.8(a)(xi) working overtime will be paid the following:

(i) 150% of the ordinary hourly rate for the first 3 hours; and

(ii) 200% of the ordinary hourly rate thereafter.

32.5 Saturday work—day worker

A day worker required to work overtime on a Saturday must be paid 150% of the ordinary hourly rate for the first 3 hours and 200% of the ordinary hourly rate thereafter with a minimum payment of 4 hours, except where the overtime is continuous with overtime commenced on the previous day.

32.6 Sunday work

An employee required to work overtime on a Sunday must be paid 200% of the ordinary hourly rate until the employee is relieved from duty with a minimum payment of 3 hours.

32.7 Public holiday work

(a) A day worker required to work overtime on a public holiday must be paid 250% of the ordinary hourly rate until the employee is relieved from duty with a minimum payment of 3 hours.

(b) A continuous shiftworker required to work overtime on a public holiday must be paid 200% of the ordinary hourly rate with a minimum payment of 3 hours.

(c) A non-continuous shiftworker required to work overtime on a public holiday must be paid 250% of the ordinary hourly rate until the employee is relieved from duty with a minimum payment of 3 hours.

32.8 Time off instead of payment for overtime

(a) Clause 32.8 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The time off instead of overtime provisions for these employees are prescribed in clause 56.1 of Part 9—Vehicle manufacturing employees of this award.

(b) 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.

(c) 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 32.8.

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

(i) the number of overtime hours to which it applies and when those hours were worked;

(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(iii) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(iv) that any payment mentioned in clause 32.8(d)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 32.8 is set out at Schedule H—Agreement for time off instead of payment for overtime. There is no requirement to use the form of agreement set out at Schedule H—Agreement for time off instead of payment for overtime. An agreement under clause 32.8 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

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

EXAMPLE: By making an agreement under clause 32.8 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(f) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(g) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 32.8 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.

(h) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 32.8(f), 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.

(i) The employer must keep a copy of any agreement under clause 32.8 as an employee record.

(j) 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.

(k) 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 32.8 will apply, including the requirement for separate written agreements under clause 32.8(c) for overtime that has been worked.

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

(l) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 32.8 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 32.8.

32.9 Reasonable overtime

(a) Subject to section 62 of the Act and clause 32.9, an employer may require an employee to work reasonable overtime hours at overtime rates.

(b) An employee may refuse to work overtime hours if they are unreasonable.

(c) In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 32.9 the following must be taken into account:

(i) any risk to employee health and safety from working the additional hours;

(ii) the employee’s personal circumstances, including family responsibilities;

(iii) the needs of the workplace or enterprise in which the employee is employed;

(iv) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;

(v) any notice given by the employer of any request or requirement to work the additional hours;

(vi) any notice given by the employee of his or her intention to refuse to work the additional hours;

(vii) the usual patterns of work in the industry, or the part of an industry, in which the employee works;

(viii) the nature of the employee’s role, and the employee’s level of responsibility;

(ix) whether the additional hours are in accordance with averaging terms of clause 17—Ordinary hours of work and rostering inserted pursuant to section 63 of the Act, that applies to the employee; and

(x) any other relevant matter.

32.10 One in, all in does not apply

The assignment of overtime by an employer to an employee is to be based on specific work requirements. The practice of one in, all in overtime must not apply.

32.11 Rest break

(a) Clause 32.11 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The overtime rest break provisions for these employees are prescribed in clause 56.2 of Part 9—Vehicle manufacturing employees of this award.

(b) An employee working overtime must be allowed a rest break of 20 minutes without deduction of pay after each 4 hours of overtime worked if the employee is to continue work after the rest break.

(c) Where a day worker is required to work overtime on a Saturday, Sunday or public holiday or on a rostered day off, the first rest break must be paid at the employee’s ordinary hourly rate.

(d) Where overtime is to be worked immediately after the completion of ordinary hours on a day or shift and the period of overtime is to be more than 1.5 hours, an employee, before starting the overtime, is entitled to a rest break of 20 minutes to be paid at the rate of pay applying to the employee immediately prior to the scheduled meal break.

(e) An employer and employee may agree to any variation of clause 32.11 to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 32.11.

(f) An employee entitled to a rest break in clause 32.11 may be entitled to a meal allowance in accordance with clause 30.3(c).

32.12 Rest period after overtime

(a) Clause 32.12 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The rest period after overtime provisions for these employees are prescribed in clause 56.5 of Part 9—Vehicle manufacturing employees of this award.

(b) When overtime work is necessary it must, wherever reasonably practicable, be arranged so that an employee has at least 10 consecutive hours off duty between the work of successive working days.

(c) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to the other provisions of clause 32.12, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.

(d) If, on the instructions of the employer, an employee resumes or continues work without having had 10 consecutive hours off duty the employee must be paid at 200% of the ordinary hourly rate until the employee is released from duty. The employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.

(e) By agreement between the employer and individual employee, the 10 hour break provided for in clause 32.12 may be reduced to a period of no less than 8 hours.

(f) The provisions of clause 32.12 will apply in the case of a shiftworker as if 8 hours were substituted for 10 hours when overtime is worked:

(i) for the purpose of changing shift rosters; or

(ii) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace the shiftworker; or

(iii) where a shift is worked by arrangement between the employees themselves.

32.13 Call back

(a) Clause 32.13 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The call back provisions for these employees are prescribed in clause 56.6 of Part 9—Vehicle manufacturing employees of this award.

(b) An employee recalled to work overtime after leaving the enterprise, whether notified before or after leaving the enterprise, must be paid:

(i) for a minimum of 4 hours at 150% of the ordinary hourly rate for the first 3 hours and 200% of the ordinary hourly rate thereafter; or

(ii) if the employee is a continuous shiftworker, at 200% of the ordinary hourly rate for the full period;

provided that:

(c) Where an employee is required to regularly hold themselves in readiness for a call back they must be paid for a minimum of 3 hours work at the appropriate overtime rate, subject to clause 32.14 which deals with the conditions for standing by.

(d) If the employee is recalled on more than one occasion between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next working day they are entitled to the 3 or 4 hour minimum overtime payment provided for in clause 32.13 for each call back. However, in such circumstances, it is only the time which is actually worked during the previous call or calls which is to be taken into account when determining the overtime rate for subsequent calls.

(e) Except in the case of unforeseen circumstances arising, an employee must not be required to work the full 3 or 4 hours as the case may be if the job they were recalled to perform is completed within a shorter period.

(f) Clause 32.13 does not apply in cases where it is customary for an employee to return to the enterprise to perform a specific job outside the employee’s ordinary hours or where the overtime is continuous, subject to a meal break, with the commencement or completion of ordinary hours.

(g) Overtime worked in the circumstances specified in clause 32.13 is not to be regarded as overtime for the purposes of clause 32.12 concerning rest periods after overtime, when the actual time worked is less than 3 hours on the call back or on each call back.

32.14 Standing by

Subject to any custom prevailing at an enterprise, where an employee is required regularly to hold themselves in readiness to work after ordinary hours, the employee must be paid standing by time at the employee’s ordinary hourly rate for the time they are standing by.

32.15 Transport of employees

When an employee, after having worked overtime or a shift for which they have not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer must provide the employee with a conveyance home, or pay the employee at the overtime rate for the time reasonably occupied in reaching home.

33. Penalty Rates

33.1 Penalty rates for day workers

(a) Weekend work

Where agreement is reached in accordance with clause 17.2(c):

(i) The rate to be paid to a day worker for ordinary time worked between midnight on Friday and midnight on Saturday will be 150% of the ordinary hourly rate.

(ii) The rate to be paid to a day worker for ordinary time worked between midnight on Saturday and midnight on Sunday will be 200% of the ordinary hourly rate.

(b) Payment for work on public holidays

Except as provided in clause 33.2, a day worker required to work on a public holiday must be paid 250% of the ordinary hourly rate with a minimum payment as for 3 hours. This rate must be paid until the employee is released from duty.

33.2 Rates for shiftworkers

(a) Clause 33.2 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi). The rates for shiftworkers for these employees are prescribed in clause 55.1 of Part 9—Vehicle manufacturing employees of this award.

(b) Definitions

(i) Afternoon shift means any shift finishing after 6.00 pm and at or before midnight

(ii) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer

(iii) Night shift means any shift finishing after midnight and at or before 8.00 am

(iv) Rostered shift means any shift of which the employee concerned has had at least 48 hours’ notice

(c) In conjunction with clause 7.3, by agreement between the employer and the majority of employees concerned or in appropriate cases an individual employee, the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.

(d) Afternoon or night shift

An employee working on afternoon or night shift must be paid 115% of the ordinary hourly rate.

(e) Afternoon and night shift—non-successive shifts

An employee who works on an afternoon or night shift which does not continue:

(i) for at least 5 successive afternoon or night shifts or 6 successive afternoon or night shifts in a 6 day workshop (where no more than 8 ordinary hours are worked on each shift); or

(ii) for at least 38 ordinary hours (where more than 8 ordinary hours are worked on each shift and the shift arrangement is in accordance with clauses 17.3 or 17.4),

must be paid for each shift 150% of the ordinary hourly rate for the first 3 hours and 200% of the ordinary hourly rate for the remaining hours.

(f) Permanent night shift

An employee who:

(i) during a period of engagement on shift, works night shift only; or

(ii) remains on night shift for a longer period than 4 consecutive weeks; or

(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each cycle,

must be paid 130% of the ordinary hourly rate for all time worked during ordinary working hours on such night shift.

(g) Work on shifts other than rostered shifts

Where an employee works on a shift other than a rostered shift, the employee must:

(i) if employed on continuous work, be paid at 200% of the ordinary hourly rate; or

(ii) if employed on other shiftwork, be paid at 150% of the ordinary hourly rate for the first 3 hours and 200% of the ordinary hourly rate thereafter.

(h) Clause 33.2(g) does not apply when the time is worked:

(i) by arrangement between the employees themselves;

(ii) for the purposes of effecting the customary rotation of shifts; or

(iii) on a shift to which the employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment in accordance with Part 3–5 of the Act.

(i) Rate for working on Saturday shifts

(i) A shiftworker must be paid 150% of the ordinary hourly rate for all work performed on a Saturday.

(ii) This rate is in substitution for shift penalty rates in clauses 33.2(d), 33.2(e) and 33.2(f).

(j) Rate for working on Sunday and public holiday shifts

(i) A continuous shiftworker on a rostered shift must be paid 200% of the ordinary hourly rate where the major portion of a shift falls on a Sunday or public holiday.

(ii) A shiftworker on other than continuous work must be paid 200% of the ordinary hourly rate for all time worked on a Sunday.

(iii) A shiftworker on other than continuous work must be paid 250% of the ordinary hourly rate for all time worked on a public holiday.

(iv) Where shifts commence between 11.00 pm and midnight on a Sunday or public holiday, the time so worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift. However, the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into the Sunday or public holiday must be regarded as time worked on the Sunday or public holiday and paid in accordance with clauses 33.2(j)(ii) and (iii).

(v) Where shifts fall partly on a holiday, the shift which has the major portion falling on the public holiday must be regarded as the holiday shift. By agreement between the employer and the majority of employees concerned, the shift which has the minor portion falling on the public holiday may be regarded as the holiday shift instead.

(vi) The rates in clause 33.2(j) are in substitution for shift penalty rates in clauses 33.2(d), 33.2(e) and 33.2(f).

Part 6—Leave and Public Holidays

34. Annual leave

34.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.

34.2 Definition of shiftworker

For the purpose of the additional week of annual leave provided for in section 87(1)(b) of the Act, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.

34.3 Payment for annual leave

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

(a) Instead of the base rate of pay as referred to in section 90(1) of the Act, an employee under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.

(b) Subject to clause 34.3(c), the wages to be paid must be worked out on the basis of what the employee would have been paid under this award for working ordinary hours during the period of annual leave, including allowances, loadings and penalties paid for all purposes of the award, first aid allowance and any other wages payable under the employee’s contract of employment including any over-award payment.

(c) Subject to clause 34.4, the employee is not entitled to payments in respect of overtime, shift loading, weekend penalty rates, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.

34.4 Annual leave loading

(a) During a period of annual leave an employee must also be paid a loading calculated on the wages prescribed in clause 34.3.

(b) The loading must be as follows:

(i) Day work

An employee who would have worked on day work only had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed in clause 34.3 or the relevant weekend penalty rates, whichever is the greater but not both.

(ii) Shiftwork

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 in clause 34.3 or the shift loading including relevant weekend penalty rates, whichever is the greater but not both.

34.5 Conversion to hourly entitlement

An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in section 87 of the Act to an hourly entitlement for administrative ease (i.e. 152 hours for a full-time employee entitled to 4 weeks of annual leave and 190 hours for a shiftworker as defined in clause 34.2).

34.6 Electronic funds transfer (EFT) payment of annual leave

Despite anything else in clause 34, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

34.7 Annual close down

Notwithstanding section 88 of the Act and clause 34.9, an employer may close down an enterprise or part of it for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned, provided that:

(a) the employer gives not less than 4 weeks’ notice of intention to do so; and

(b) an employee who has accrued sufficient leave to cover the period of the close down, is allowed leave and also paid for that leave at the appropriate rate in accordance with clauses 34.3 and 34.4; and

(c) an employee who has not accrued sufficient leave to cover part or all of the close down, is allowed paid leave for the period for which they have accrued sufficient leave and given unpaid leave for the remainder of the closedown; and

(d) any leave taken by an employee as a result of a close down pursuant to clause 34.7 also counts as service by the employee with their employer; and

(e) the employer may only close down the enterprise or part of it pursuant to clause 34.7 for one or 2 separate periods in a year; and

(f) if the employer closes down the enterprise or part of it pursuant to clause 34.7 in 2 separate periods, one of the periods must be for a period of at least 14 consecutive days including non-working days; and

(g) the employer and the majority of employees concerned may agree to the enterprise or part of it being closed down pursuant to clause 34.7 for 3 separate periods in a year provided that one of the periods is a period of at least 14 days including non-working days; and

(h) the employer may close down the enterprise or part of it for a period of at least 14 days including non-working days and allow the balance of any annual leave to be taken in one continuous period in accordance with a roster.

34.8 Leave on termination

On termination of employment, an employee must be paid for annual leave accrued that has not been taken at the appropriate rate calculated in accordance with clause 34.3.

34.9 Excessive leave accruals: general provision

NOTE: Clauses 34.9 to 34.11 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(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 34.2).

(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 34.10 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 34.11 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

34.10 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 34.9(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 34.10(a):

(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 34.9, 34.10 or 34.11 or otherwise agreed by the employer and employee) are taken into account; and

(ii) must not require the employee to take any period of paid annual leave of less than one week; and

(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c) The employee must take paid annual leave in accordance with a direction under clause 34.10(a) that is in effect.

(d) An employee to whom a direction has been given under clause 34.10(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 34.10(d) may result in the direction ceasing to have effect. See clause 34.10(b).
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.

34.11 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 34.9(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 34.11(a) if:

(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii) the employee has not been given a direction under clause 34.9(a) that, when any other paid annual leave arrangements (whether made under clause 34.9, 34.10 or 34.11 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 34.11(a) must not:

(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 34.9, 34.10 or 34.11 or otherwise agreed by the employer and employee) are taken into account; or

(ii) provide for the employee to take any period of paid annual leave of less than one week; or

(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv) be inconsistent with any leave arrangement agreed by the employer and employee.

(d) An employee is not entitled to request by a notice under clause 34.11(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 34.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 34.11(a).

34.12 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:

(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and

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

NOTE: An example of the type of agreement required by clause 34.12 is set out at Schedule I—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule I—Agreement to Take Annual Leave in Advance.

(c) The employer must keep a copy of any agreement under clause 34.12 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 34.12, 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.

34.13 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 34.13.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 34.13.

(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 34.13 must state:

(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii) the date on which the payment is to be made.

(e) An agreement under clause 34.13 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 34.13 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 34.13.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 34.13.
NOTE 3: An example of the type of agreement required by clause 34.13 is set out at Schedule J—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule J—Agreement to Cash Out Annual Leave.

35. Personal/carer’s leave and compassionate leave

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

35.2 If an employee is terminated by their employer and is re-engaged by the same employer within a period of 6 months then the employee’s unclaimed balance of paid personal/carer’s leave continues from the date of re-engagement.

36. Parental leave and related entitlements

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

37. Community service leave

37.1 Community service leave is provided for in the NES.

37.2 Reimbursement for jury service

(a) A full-time employee required to attend for jury service during their ordinary hours of work must be reimbursed by the employer an amount equal to the difference between the amount paid to the employee in respect of the employee’s attendance for such jury service and the wages the employee would have received in respect of the ordinary hours the employee would have worked had the employee not been on jury service.

(b) Where a part-time employee is required to attend for jury service and such attendance coincides with a day on which the employee would normally be required to work, payment must be made to the employee in accordance with clause 37.2(a).

38. 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.

39. Absence from duty

Unless a provision of this award or the Act states otherwise, an employee not attending for duty loses their pay for the actual time of such non-attendance.

40. Public holidays

40.1 Public holidays are provided for in the NES.

40.2 Where an employee works on a public holiday they will be paid in accordance with clauses 17.2(g), 33.1(b), 33.2(j) and 32.7.

40.3 Clause 10.9 applies in relation to part-time employees and public holidays.

40.4 Substitution of certain public holidays by agreement at the enterprise

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

40.5 Rostered day off falling on public holiday

(a) Except as provided for in clauses 40.5(b) and (c) and except where the rostered day off falls on a Saturday or a Sunday, where a full-time employee’s ordinary hours of work are structured to include a day off and such day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:

(i) 7.6 hours of pay at the ordinary hourly rate; or

(ii) 7.6 hours of extra annual leave; or

(iii) a substitute day off on an alternative week day.

(b) Where an employee has credited time accumulated pursuant to clause 27.6, then such credited time should not be taken as a day off on a public holiday.

(c) If an employee is rostered to take credited time accumulated pursuant to clause 27.6 as a day off on a week day and such week day is prescribed as a public holiday after the employee was given notice of the day off, then the employer must allow the employee to take the time off on an alternative week day.

(d) Clauses 40.5(b) and (c) do not apply in relation to days off which are specified in an employee’s regular roster or pattern of ordinary hours as clause 40.5(a) applies to such days off.

40.6 Part-day public holidays

For provisions relating to part-day public holidays see Schedule K—Part-day Public Holidays.

Part 7—Consultation and Dispute Resolution

41. Consultation

41.1 Consultation regarding major workplace change

(a) Employers to notify

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

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

(b) Employers to discuss change

(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 41.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 41.1(a).

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

41.2 Consultation about changes to rosters or hours of work

(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.

(b) The employer must:

(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and

(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

(c) The requirement to consult under clause 41.2 does not apply where an employee has irregular, sporadic or unpredictable working hours.

(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

42. Dispute resolution

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

42.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 42 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

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