MA000026  PR722498 [Note: a correction has been issued to this document]
FAIR WORK COMMISSION

DETERMINATION

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

4 yearly review of modern awards
(AM2019/17)

GRAPHIC ARTS, PRINTING AND PUBLISHING AWARD 2010
[MA000026]

Graphic arts

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 10 NOVEMBER 2020

4 yearly review of modern awards – Graphic Arts, Printing and Publishing Award 2010 – modern award varied.

A. Further to the decisions [2020] FWCFB 5307 and [2020] FWCFB 5954 issued by the Full Bench of the Fair Work Commission on 6 October 2020 and 10 November 2020, the Graphic Arts, Printing and Publishing Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation on 11 December 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect in relation to a particular employee until the start of the employee's first full pay period that starts on or after 11 December 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Graphic Arts, Printing and Publishing Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 8
4. Coverage 8
5. Individual flexibility arrangements 10
6. Requests for flexible working arrangements 12
7. Facilitative provisions 13
Part 2— Types of Employment 16
8. Types of employment 16
9. Full-time employees 16
10. Part-time employees 16
11. Casual employees 17
12. Apprentices 19
Part 3— Hours of Work 24
13. Ordinary hours of work and rostering 24
14. Special provisions for shiftwork employees 33
15. Meal breaks 34
16. Refreshment entitlement 35
Part 4— Wages, Allowances and Classifications 36
17. Minimum rates and classification structure 36
18. Junior rates 37
19. Apprentice rates (other than adult apprentices) 39
20. Adult apprentice rates 42
21. Supported wage system 44
22. National training wage 44
23. Classification and reclassification of employees 44
24. Work organisation 45
25. Payment of wages 45
26. Allowances 47
27. Superannuation 49
Part 5— Overtime and Penalty Rates 50
28. Overtime and penalty rates 50
29. Call-back 55
30. Stand-by for work 55
Part 6— Leave and Public Holidays 56
31. Annual leave 56
32. Personal/carer’s leave and compassionate leave 61
33. Parental leave and related entitlements 61
34. Community service leave 61
35. Unpaid family and domestic violence leave 62
36. Public holidays 62
Part 7— Consultation and Dispute Resolution 64
37. Consultation about major workplace change 64
38. Consultation about changes to rosters or hours of work 65
39. Dispute resolution 65
40. Dispute resolution procedure training leave 66
Part 8— Termination of Employment and Redundancy 67
41. Termination of employment 67
42. Redundancy 68
Schedule A —Classification Definitions 70
Schedule B —Summary of Monetary Allowances 78
Schedule C —School-based Apprentices 80
Schedule D —Supported Wage System 81
Schedule E —Agreement for Time Off Instead of Payment for Overtime 84
Schedule F —Agreement to Take Annual Leave in Advance 85
Schedule G —Agreement to Cash Out Annual Leave 86
Schedule H —Part-day Public Holidays 87
Schedule X —Additional Measures During the COVID-19 Pandemic 88

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Graphic Arts, Printing and Publishing Award 2020.

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

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

2. Definitions

2.1 Definitions and interpretation

In this award, unless the contrary intention appears:

2.2 Classification definitions

2.3 Graphic reproduction definitions

2.4 Printing definitions

2.5 Production definitions

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 industry and occupational award covers employers throughout Australia in the graphic arts, printing, publishing and associated industries and occupations and their employees in the classifications listed in clause 17—Minimum rates and classification structure and Schedule A—Classification Definitions to the exclusion of any other modern award.

4.2 Graphic arts, printing, publishing and associated industries and occupations means the following industries, parts of industries and occupations:

(a) composing, reading, electrotyping, stereotyping, letterpress machining, lithographic machining, lithographing, screen printing, printing of all classes, slug-casting or type-casting machine attending and adjusting and/or repairing;

(b) type-founding;

(c) engraving, process engraving and/or photo engraving;

(d) commercial and/or lithographic designing, writing and/or drawing;

(e) publishing;

(f) despatching which is incidental to the industries or parts of industries covered by the award;

(g) book-binding, binding, paper ruling and/or paper cutting;

(h) paper making, paper working, calico and/or paper bag making;

(i) envelope making, stationery making and/or paper products working;

(j) embossing;

(k) cardboard box making, carton making (including the making of any kind of boxes and/or containers of paper and/or cardboard used alone or in combination with any other material or materials);

(l) mailing houses, including (without limiting the generality or ordinary meaning of the phrase) folding, paging, numbering, perforating, gathering, collating, inter-leaving, wrapping, sealing, addressing, mailing, despatching, stamping, inserting, security paper working, wire stapling, envelope working, direct mail systems working, addressograph work, paper products work and machine work in or in connection with enveloping, sealing, automatic/computer addressing and/or wrapping;

(m) creation of designs, concepts or layouts used or intended to be used in the advertising or marketing of commodities or service or for other uses in or in connection with the industry of commercial and industrial art, the execution of finished art, that is, the preparation of individual components of finished art (including illustrations, borders, retouching of photographs, photographic reproportioning and lettering by hand or transfer) and the final assembly of these components (including the paste up of reproduction type, profiling illustrations, key line drawings etc.);

(n) production of non-daily and daily newspapers, which includes any business, trade, manufacture, undertaking, calling, service, employment, handicraft or industrial occupation in the printing and any kindred industries;

(o) commercial and industrial art within the production described in clause 4.2(n);

(p) the composing or imposition or assembly of matter which is to be printed and the transfer of images by use of cameras or scanners or transparency duplications to obtain a relief of planographic or intaglio formation for printing; and

(q) plastics manufacturing or any of the processes of or incidental to the manufacturing of plastics or of goods manufactured from plastics or plastics substitutes but only to the extent that the manufacturing or processes are incidental to printing.

4.3 This award covers any employer which supplies labour on an on-hire basis in the graphic arts, printing, publishing 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 and occupations. Clause 4.3 operates subject to the exclusions from coverage in this award.

4.4 This award covers any employer which supplies on-hire employees in classifications set out in clause 17—Minimum rates and classification structure 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. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the graphic arts, printing, publishing and associated industries and occupations and/or parts of those industries or occupations 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 4.2 are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 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.

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

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

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

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

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

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

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

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

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

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

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

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

6.5 Dispute resolution

7. Facilitative provisions

7.1 Agreement to vary award provisions

7.2 The facilitative provisions are identified below. Such agreements may be between:

(a) the employer and the employee; or

(b) the employer and a majority of employees at the workplace.

7.3 Levels of facilitative provisions

7.4 Level 1—facilitation by individual agreement

7.5 Level 2—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 an employer and an individual employee:

Clause number

Provision

13.3(c)(i) and 13.3(c)(ii)

Altering the spread of hours—day work (process set out in clause) – Level 2

14.2(a) and 14.2(b)

Altering the spread of hours—shiftworker (process set out in clause) – Level 2

(b) Where agreement is reached between the employer and the majority of employees in the workplace or a section or sections of the workplace to implement a facilitative provision in clause 7.5(a), the employer must not implement that agreement unless:

(c) Where no agreement has been reached by the employer with the majority of employees in accordance with clause 7.5(b), the employer may reach agreement with individual employees in the workplace or a section or sections of the workplace. Such an agreement under clause 7.5 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 the workplace.

7.6 Level 3—facilitation by majority 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 the workplace:

Clause number

Provision

 

Day work

13.3(a)(iii)

Length of work cycle – Level 2

13.3(d)(ii)

Hours in excess of 8.75 up to 10 hours – Level 1

13.3(d)(iii)

Hours in excess of 10 and less than 12 – Level 3

13.3(d)(iii)

12 ordinary hours – Level 3 (also subject to 13.8(f))

13.3(e)(ii)

Ordinary hours worked on Saturday and/or Sunday – Level 3

 

Other non-continuous shiftworkers other than in a newspaper office

13.4(a)(ii)

Length of work cycle – Level 2

13.4(b)(ii)

Hours in excess of 8.75 up to 10 hours – Level 1

13.4(b)(iii)

Hours in excess of 10 and less than 12 – Level 3

13.4(b)(iii)

12 ordinary hours – Level 3 (also subject to 13.8(f))

13.4(c)(ii)

Ordinary hours worked on Saturday and/or Sunday – Level 3

 

Continuous shiftwork employees other than in a newspaper office

13.5(b)(iii)

Length of work cycle – Level 2

13.5(c)(ii)

Hours in excess of 8 up to 10 hours – Level 1

13.5(c)(iii)

Hours in excess of 10 and less than 12 – Level 3

13.5(c)(iii)

12 ordinary hours – Level 3 (also subject to 13.8(f))

13.5(e)(ii)

Ordinary hours worked on Saturday and/or Sunday – Level 3

 

Non-daily newspaper office

13.6(a)(ii)

Length of work cycle – Level 2

13.6(b)(ii)

Hours in excess of 8.75 up to 10 hours – Level 1

13.6(b)(iii)

Hours in excess of 10 and less than 12 – Level 3

13.6(b)(iii)

12 ordinary hours – Level 3 (also subject to 13.8(f))

13.6(d)(ii)

Ordinary hours worked on Saturday and/or Sunday – Level 3

 

Daily newspaper office

13.7(b)

Length of work cycle – Level 2

(b) Where agreement is reached with the majority of employees in the workplace or a section or sections of the workplace to implement a facilitative provision in clause 7.6(a), that agreement binds all employees provided the agreement reached is kept by the employer as a time and wages record.

Part 2—Types of Employment

8. Types of employment

8.1 Employees under this award must be engaged in one of the following categories:

(a) full-time;

(b) part-time; or

(c) casual.

9. Full-time employees

9.1 A full-time employee is a weekly employee whose ordinary hours of work must not exceed an average of 38 hours per week.

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

10. Part-time employees

10.1 Definition

(a) works less than full-time hours; and

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

10.2 Minimum engagement

(a) not less than 4 consecutive hours per day or shift; or

(b) not less than 3 hours if a publishing employee in a newspaper office; or

(c) not less than 2 hours if an inserter in a newspaper office.

10.3 Agreement—part-time hours and classification

(a) At the time of the engagement, the employee and the employer must agree on:

(b) The terms of this agreement may be varied by consent. The terms of this agreement or any variation must be in writing and retained by the employer. The employer must provide a copy of the agreement and any variation to it to the employee.

10.4 Overtime

10.5 Public holidays

11. Casual employees

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

11.2 Casual loading

(a) A casual employee working ordinary time must be paid the hourly rate prescribed in clause 17—Minimum rates and classification structure for the work being performed plus a casual loading of 25%.

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

11.3 Minimum payment

(a) a minimum payment of 4 hours’ work; or

(b) if engaged in the publishing department as a publishing employee, a minimum payment of 3 hours’ work; or

(c) if engaged in the publishing department of a newspaper on collating and inserting, a minimum payment of 2 hours’ work.

11.4 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements under the NES concerning carer’s leave and/or compassionate leave for a casual employee. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

11.5 When a casual employee works overtime, they must be paid the overtime rates in clause 28.

11.6 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 6 months.

(b) Every employer of such an employee must give the employee notice in writing of the provisions of clause 11.6 within 4 weeks of the employee having attained such period of 6 months. The employee retains their right of election under clause 11.6 if the employer fails to comply with clause 11.6(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 11.6(a), on receiving notice under clause 11.6(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 11.6(d), the employer and employee must, subject to clause 11.6(d), discuss and agree on:

(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 11.6(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) For the purposes of clause 11.6, an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

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

12. Apprentices

12.1 The terms and conditions of employment of this award will apply to apprentices, including adult apprentices, except as provided in clause 12 or where otherwise stated or where special provisions apply. Apprentices may be engaged in trades or occupations provided for in clause 12 where declared or recognised by an apprenticeship authority.

12.2 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.

12.3 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 operates subject to the provisions of Schedule C—School-based Apprentices.

12.4 Subject to appropriate State or Territory legislation an employer must not employ an unapprenticed junior in a trade or occupation provided for in clause 12.

12.5 Training packages and trades

(a) Where it is consistent with State or Territory legislation, an apprentice may be engaged under a training contract approved by an apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for apprenticeships in the trade training package determined from time to time by the Innovation and Business Skills Australia and endorsed by the National Skills Standards Council.

(b) Subject to clause 12.1 an apprenticeship may be undertaken in any of the following trades:

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

12.7 In order to undertake trade training in accordance with clause 12.5 a person must be a party to a training contract in accordance with the requirements of the apprenticeship authority or State or Territory legislation. The employer will provide, and/or provide access to, training consistent with the contract or training agreement without loss of pay.

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

12.9 The probationary period of an apprentice will be as set out in the training contract consistent with the requirement of the apprenticeship authority and with State or Territory legislation but will not exceed 6 months.

12.10 Reimbursement of fees and textbooks

(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 apprentice in connection with their training contract, must be reimbursed to the apprentice:

(b) Direct payment of the fees and textbooks by an employer to the training provider within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship satisfies the requirement for reimbursement in clause 12.10(a).

(c) Costs associated with training that are not in connection with an apprentice’s training contract are subject to clause 26.4 and not clause 12.10.

12.11 Nominal period of apprenticeship

(a) The nominal period of apprenticeship will be 4 years.

(b) The nominal period may be varied to another period as is approved by an apprenticeship authority provided that any credits granted will be counted as part of the apprenticeship for the purpose of wage progression under clause 17—Minimum rates and classification structure.

(c) The period may be varied to another period as is approved by an apprenticeship authority on the basis of:

12.12 Competency based completion

(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 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.

12.13 Release for training

(a) No apprentice is to work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with the training contract, except in an emergency.

(b) An apprentice who is engaged in day release training may only be employed on day work.

(c) An apprentice who is engaged on block release training may only be employed on day work except where an apprentice is engaged on block release training and has completed 3 years’ block release training and 3 years of the apprenticeship, when the apprentice may be employed on day work or shiftwork.

(d) Notwithstanding clauses 12.13(b) and 12.13(c) an apprentice who is engaged on block release training and who is aged 18 years or more may agree to be employed on morning or afternoon shift except during periods of attendance on block release training.

12.14 Travel payment for block release training

(a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and the training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred in the course of travelling to and from the training. Clause 12.14 will not apply where the apprentice could attend an alternate Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(b) For the purposes of clause 12.14(a) 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 12.14(a) excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(c) The amount payable by an employer under clause 12.14 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 assistance or their employer has advised them in writing of the availability of such assistance.

12.15 Apprentice rates of pay

(a) As specified in clause 19.2, an apprentice will be entitled to a higher rate of pay based on competency based progression or after working a 12 month period.

(b) Absences due to annual leave and paid personal leave/compassionate leave will be counted as part of the 12 month period.

(c) At the request of the apprentice any time that has been worked by the apprentice in excess of their ordinary hours will be credited to the apprentice:

12.16 Competency based progression

(a) For the purpose of competency based wage progression in clauses 19.2 and 20.3 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:

(b) If the employer disagrees with the assessment of the RTO referred to in clause 12.16(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 that 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 12.16, 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 12.16 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 12.16(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 12.16(a)(iii) or on a date as determined under the dispute resolution process in clause 12.16(b).

12.17 Operation of State or Territory laws

Part 3—Hours of Work

13. Ordinary hours of work and rostering

13.1 Maximum weekly hours and requests for flexible arrangements are provided for in the NES.

13.2 Ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.

13.3 Ordinary hours of work—day work employees

13.4 Ordinary hours of work—non-continuous shiftworkers other than in a newspaper office

13.5 Ordinary hours of work—continuous shiftwork employees other than in a newspaper office

(a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each day without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

13.6 Ordinary hours of work—in a non-daily newspaper office

13.7 Ordinary hours of work—in a daily newspaper office

(b) By agreement between the employer and the majority of employees affected (level 2 facilitation), 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.

13.8 Methods for arranging ordinary hours other than a non-daily and/or daily newspaper office

(a) The method of arranging ordinary hours may be:

(b) The arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise affected subject to the employer’s right to fix and change the daily hours of employees as prescribed in clauses 13.8(a) and 13.10. This agreement is not subject to clause 7—Facilitative provisions.

13.9 Make-up time

(a) An employee may elect, with the consent of the employer (level 1 facilitation), to work make-up time for time taken off during ordinary hours, provided such make-up time occurs during the spread of ordinary hours provided in the award.

(b) An employee on shiftwork may elect with the consent of their employer (level 1 facilitation), 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 shiftwork rate which would have been applicable to the hours taken off.

13.10 Fixation and change of hours

(a) The daily hours of each employee, including the meal period, will be as determined by the employer, provided that the employer will not alter the usual daily working hours of any employee unless and until the employee has had one week’s notice of the alteration which is to be made.

(b) Once an employee’s working hours have been fixed in accordance with clause 13.10(a), those hours will not be changed until at least one week after those hours have been in actual operation.

(c) Except as set out in clause 13.10(d), if any alteration to an employee’s hours is made other than in accordance with clause 13.10(a), the employee will be paid 200% of the ordinary hourly rate for all time worked outside of the hours fixed in accordance with clause 13.10(a).

(d) In the case of an emergency beyond the control of the employer, the employer may require an employee to change their working hours on giving 48 hours’ notice, including the meal break of such periods, without payment of the penalty prescribed in clause 13.10(c). The ordinary hours of an employee will not be changed more than once in a working week under clause 13.10.

(e) If an employee is required to change their working hours in the case of an emergency beyond the control of the employer without receiving 48 hours’ notice, the employee will be paid 200% of the ordinary hourly rate for all time worked until the expiration of the 48 hours after the employee commenced the new hours.

13.11 Change of working periods

(a) An employee who during the course of a week’s work is transferred from day work to shiftwork or vice versa or from one shift to another shift, will be allowed at least a 10 hour break between finishing their shift/day’s work and commencing their next shift/day’s work without loss of pay.

(b) If a 10 hour break is not allowed, the employee will be paid 200% of the ordinary hourly rate for all hours worked until the employee has a 10 hour break.

(c) An employee must not be transferred from day work to shiftwork or vice versa or from one shift to another shift, more than once in a working week.

13.12 Posting of working hours

14. Special provisions for shiftwork employees

14.1 Definitions

(a) Afternoon shift means any shift finishing after 6.00 pm and at or before 12.45 am.

(b) Night shift means any shift finishing after 12.45 am and at or before 10.00 am.

(c) Morning shift means any shift commencing at or after 5.00 am and prior to 7.00 am but nothing in this definition will cause a day worker to be deemed to be working on morning shift.

(d) Permanent night shift means a period of engagement on shiftwork where an employee works:

14.2 Altering spread of hours

(a) The daily spread of hours may be altered by up to one hour at one end of the spread (but not both) by agreement between an employer and the majority of employees affected (level 2 facilitation).

(b) The daily spread of hours may be altered by up to one hour at one end of the spread (but not both), by agreement between the employer and an individual employee (level 2 facilitation) and may only:

14.3 Shift allowances—morning, afternoon and night shift

(c) The shift allowance is payable during overtime in accordance with this award.

14.4 Meal break—continuous shiftworkers

15. Meal breaks

15.1 The minimum time allowance for meals will be half an hour and the maximum time allowance one hour.

15.2 No period of work will exceed 5 hours without a break for meals, provided that:

(a) Where an employer has adopted a system of ordinary working hours under clause 13—Ordinary hours of work and rostering which does not require employees to work for more than 6 hours on a day or shift (and employees are not required to work more than their ordinary hours), the employer and the majority of affected employees may agree that a meal break need not be taken on that day or shift.

(b) By agreement between the employer and the majority of employees in the workplace, work section or sections affected or by agreement between the employer and an employee, employees may be required to work in excess of 5 hours but not more than 6 hours at ordinary rates of pay without a meal break.

(c) Agreements under clause 15.2 are not subject to clause 7—Facilitative provisions.

15.3 Where an employee is required to work during their usual meal break they will be paid 150% of the ordinary hourly rate for the time so worked and they will be allowed their usual meal period as soon as it can be arranged, but not later than 5 hours after commencing work each day.

15.4 The meal period of any employee on day work will be between the hours of 11.00 am and 2.00 pm.

15.5 Alteration of meal break

(a) The usual time of an employee’s meal period may be altered by the employer with one week’s notice to the employee.

(b) Notice of alteration of meal break is not required if:

16. Refreshment entitlement

16.1 A reasonable opportunity is to be provided by the employer for each employee to pause to acquire a refreshment during the first half of the day or shift, at a time specified by the employer, subject to:

(a) continuous running of plant, equipment and processes;

(b) productivity not being reduced;

(c) wages and other costs not increasing;

(d) maintenance of high standards of work health and safety; and

(e) maintenance of high standards of quality;

16.2 The abovementioned provision of a reasonable opportunity to pause to acquire a refreshment will not be applicable to employees who are provided with a rest break. Furthermore, clause 16.1 will not be used to reduce rest break entitlements in workplaces.

Part 4—Wages, Allowances and Classifications

17. Minimum rates and classification structure

17.1 The classifications set out in Table A will be read in conjunction with clause 23—Classification and reclassification of employees, and Schedule A—Classification Definitions.

17.2 Adult employees must be paid the minimum rates set out in Table A.

17.3 The following qualifications are excluded from clauses 17.2:

(a) ICP40704—Certificate IV in Printing and Graphic Arts (Management Sales); and

(b) ICP40804—Certificate IV in Printing and Graphic Arts (Process Leadership).

17.4 Higher duties

18. Junior rates

18.1 Junior keyboard operator/assembler

18.2 Junior artist and/or designer (including junior commercial artist)

18.3 Juniors employed in a daily newspaper office other than inserters not being an apprentice/trainee

    Age

    % of Level 3 rate

    Minimum weekly rate
    (full-time employee)

   

$

    Under 16 years

    30

241.53

16 years

    40

322.04

17 years

    50

402.55

18 years

    60

483.06

19 years

    75

603.83

20 years

    90

724.59

18.4 Other juniors not being an apprentice/trainee

(a) Clause 18.4 applies to juniors other than a junior artist and/or designer or a junior keyboard operator/assembler or a junior employed in a daily newspaper office other than inserters.

(b) The minimum rate for work performed by a junior other than an apprentice/trainee will be the percentage set out below of the Level 2 rate:

Age

% of Level 2 rate

Minimum weekly rate
(full-time employee)

   

$

    Under 16 years

30

232.62

    16 years

40

310.16

17 years

50

387.70

18 years

60

465.24

19 years

75

581.55

20 years

90

697.86

18.5 Duties of juniors under specified conditions

(a) Juniors under the age of 18 years will not be employed on a casting machine unless the junior is an apprentice.

(b) An employer must not permit or require an employee under the age of 18 years to be employed on a power driven guillotine (unless an apprentice as provided for in clause 12—Apprentices of this award), a platen or cylinder machine used for carton cutting.

(c) Juniors undergoing training in their work must be provided with qualified adult supervision.

18.6 Juniors employed in screen printing

(a) exceed 300 millimetres by 600 millimetres (12 inches by 24 inches), an adult employee or an apprentice to screen printing stencil preparation must be employed on the same printing frame as any non-apprenticed junior on the printing (including racking) of that printed matter; or

(b) do not exceed 300 millimetres by 600 millimetres (12 inches by 24 inches), a non-apprenticed junior may be employed alone in the printing (including racking) of that printed matter.

18.7 A non-apprenticed junior must not be employed in or in connection with the work of transfers other than racking.

18.8 Juniors employed on small-offset lithographic printing machines

19. Apprentice rates (other than adult apprentices)

19.1 Minimum rates for apprentices (other than adult apprentices) continuing an apprenticeship that commenced prior to 1 January 2014

 

% of Level 5 rate

1st year

47.5

2nd year

60.0

3rd year

72.5

4th year

87.5

19.2 Minimum rates for apprentices (other than adult apprentices) who commenced on or after 1 January 2014

Stage of apprenticeship

Entry, exit and progression requirements

Has not completed year 12

Has completed year 12

   

% of Level 5 rate

1

Entry
Nil entry requirements.
Exit
There is no exit point at this stage.

50%

55%

2

Entry
An apprentice enters Stage 2:
• on attainment of 25% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
• 12 months after commencing the apprenticeship;
whichever is earlier.
Exit
There is no exit point at this stage.

60%

65%

3

Entry
An apprentice enters Stage 3:
• on attainment of 50% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
• 12 months after commencing Stage 2;
whichever is earlier.
Exit
There is no exit point at this stage.

72.5%

72.5%

4

Entry
An apprentice enters Stage 4:
• on attainment of 75% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
• 12 months after commencing Stage 3;
whichever is earlier.
Exit
Upon the attainment of 100% of the total competency points for the relevant AQF Certificate qualification specified in the training plan and subject to clause 12.11—Nominal period of apprenticeship and clause 12.12—Competency based completion an apprentice will exit with the relevant AQF Certificate qualification.

87.5%

87.5%

19.3 Proficiency payments

(a) If the apprentice attains a standard approved by a State or Territory accredited training provider, the apprentice must receive, in addition to the prescribed weekly rate, a weekly amount as follows calculated in accordance with clause B.1:

(b) The apprentice will receive an additional amount on and from the beginning of the first pay period commencing in January following the completion of course requirements. Where an apprentice is unable to complete course requirements because of personal illness or injury and then satisfactorily completes course requirements, the relevant additional amount will be payable to the apprentice on and from the first pay day after the date on which the results are published.

(c) Where State or Territory vocational training legislation provides for proficiency payments to be paid to an apprentice then those provisions will apply in substitution for the amounts in clause 19.3(a).

(d) Proficiency payments are not payable to adult apprentices.

19.4 School-based apprentices

20. Adult apprentice rates

20.1 An employee who was employed by an employer in the printing industry immediately before becoming an adult apprentice with that employer must not suffer a reduction in actual rate of pay by virtue of becoming an adult apprentice.

20.2 Minimum rates for adult apprentices who commenced prior to 1 January 2014

 

% of the Level 5 rate

1st year

82

2nd year

87

3rd year

92

4th year

100

20.3 Minimum rates for adult apprentices on or after 1 January 2014

Stage of apprenticeship

Entry, exit and progression requirements

Adult apprentice
% of Level 5 rate

1

Entry
Nil entry requirements.
Exit
There is no exit point at this stage.

82%

2

Entry
An apprentice enters Stage 2:
on attainment of 25% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
12 months after commencing the apprenticeship;
whichever is earlier.
Exit
There is no exit point at this stage.

87%

3

Entry
An apprentice enters Stage 3:
on attainment of 50% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
12 months after commencing Stage 2;
whichever is earlier.
Exit
There is no exit point at this stage.

92%

4

Entry
An apprentice enters Stage 4:
on attainment of 75% of the total competency points for the relevant AQF Certificate qualification specified in the training plan; or
12 months after commencing Stage 3;
whichever is earlier.
Exit
Upon the attainment of 100% of the total competency points for the relevant AQF Certificate qualification specified in the training plan and subject to clause 12.11—Nominal period of apprenticeship and clause 12.12—Competency based completion, an apprentice will exit with the relevant AQF Certificate qualification.

100%

20.4 When an apprenticeship authority in accordance with the requirements of State or Territory legislation determined that an adult apprentice has gained sufficient theoretical and practical knowledge that the apprentice will be deemed, for the purposes of calculating the appropriate wage rate, to have completed the period advanced.

20.5 An adult apprentice who is engaged on day release training may only be employed on day work during their periods of attendance at day release.

20.6 An adult apprentice who is engaged on block release training may be employed on day work or shiftwork.

20.7 An adult apprentice must not be paid less than the minimum rate for a level 1 employee in clause 17.1.

21. Supported wage system

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

22. National training wage

22.1 Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

22.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 November 2020. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Graphic Arts, Printing and Publishing Award 2020 and not the Miscellaneous Award 2020.

23. Classification and reclassification of employees

23.1 Consultation

23.2 Classification of employees with a formal Australian Qualification Framework (AQF) qualification

(a) Where employees have completed a qualification recognised in the Printing and Graphic Arts Training Package and in Table A of clause 17—Minimum rates and classification structure, and are using the skills and knowledge gained from that qualification in accordance with the needs of the enterprise, then they must, as a minimum be classified at the level specified in Table A of clause 17—Minimum rates and classification structure.

(b) Clause 23.2(a) also applies to a qualification which has been recognised by an Industry Skills Council or a Federal or State Training Authority which is equivalent to a qualification recognised in the Printing and Graphic Arts Training Package and in Table A of clause 17—Minimum rates and classification structure.

(c) Employees will transfer into the classification structure on the basis of the alignment of classifications to qualifications as outlined in Table A of clause 17—Minimum rates and classification structure.

(d) Employees can receive a qualification through recognition of prior learning and/or overseas qualifications where that prior learning and/or overseas qualification is recognised by an Industry Skills Council or a Federal or State Training Authority as being equivalent to a qualification in the Printing and Graphic Arts Training Package and in Table A of clause 17—Minimum rates and classification structure.

23.3 Classification of employees without a formal AQF qualification

(a) Subject to clause 23, employees will be classified on the basis that they meet the requirements of the classification definitions in Schedule A—Classification Definitions.

(b) Only skills and knowledge which are being used in accordance with the needs of the enterprise will be taken into account for classification purposes.

(c) An employee without a formal AQF qualification who as at the date of 19 August 2019 was classified at a particular level in Schedule A—Classification Definitions will not by reason of the variation suffer a reduction in classification.

24. Work organisation

24.1 An employer may direct an employee to carry out duties that are within the limits of the employee’s skill, competence and training provided that the duties are not designed to promote deskilling.

24.2 Any direction issued by an employer pursuant to clause 24.1 must be consistent with the employer’s responsibilities to provide a safe and healthy working environment.

24.3 Change of shifts

24.4 Starting times

25. 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.

25.1 Payment of wages

25.2 For an employee whose ordinary hours of work are arranged so that the employee works a constant number of hours each week, wages will be paid according to the actual ordinary hours worked each week.

25.3 For an employee whose ordinary hours of work are arranged so that the employee works an average number of ordinary hours each week during a particular work cycle, wages will be paid according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in a particular week of the work cycle.

25.4 Wages will be paid in cash, cheque or electronic funds transfer (as determined by the employer) provided that wages made by electronic funds transfer will be credited to an employee’s bank or financial institution account without cost to the employee at the time of transfer.

25.5 If an employee is paid wages by cash and wages are not paid within ordinary working hours, all non-working time during which an employee is kept waiting for payment of wages will be paid at 150% of the ordinary hourly rate. The penalty in clause 25.5 will not apply where the delay is beyond the employer’s control.

25.6 Rostered day off falling on payday

25.7 Payment on termination of employment

(a) The employer must pay an employee by the end of the next business day after the day on which the employee’s employment terminates:

(b) The employer must pay an employee all amounts due to the employee under the NES no later than 7 days after the day on which the employee’s employment terminates.

(c) The requirement to pay wages and other amounts under clauses 25.7(a) and 25.7(b) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

26. Allowances

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

26.1 Employers must pay to an employee the allowances the employee is entitled to under clause 26.

26.2 Wage-related 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:

26.3 Expense-related allowances

26.4 Training

(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 upon production of evidence of the 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.

27. Superannuation

27.1 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.

27.2 Employer contributions

27.3 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 27.2.

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

(c) The employer must pay the amount authorised under clauses 27.3(a) or 27.3(b) at no later than 28 days after the end of the month in which the deduction authorised under clauses 27.3(a) or 27.3(b) was made.

27.4 Superannuation fund

(a) Media Super; or

(b) AustralianSuper; or

(c) 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 superannuation fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

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

Part 5—Overtime and Penalty Rates

28. Overtime and penalty rates

28.1 Reasonable overtime

(a) Subject to section 62 of the Act and clause 28.1, 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 28.1 the following must be taken into account:

28.2 Payment for overtime

(a) All work performed by an employee:

(b) Overtime will be paid at the following rates:

 

Full-time or part-time employee
% of the overtime hourly rate

Casual employee
% of the overtime hourly rate

First 3 hours

150%

150%

After 3 hours

200%

200%

28.3 Overtime work on a Saturday or a Sunday

(a) Except as otherwise provided, all overtime work done on a Saturday or on a Sunday will be paid for as follows:

(d) Printing or publishing department employees engaged in a daily newspaper office required to commence work after midnight on Friday will continue to work for the ordinary hours of that shift (but no later than 8.00 am) without payment of overtime.

28.4 Work on a rostered day off

28.5 Work on a public holiday

28.6 Meal period during overtime

(a) An employee will not work overtime for longer than 5 hours without a meal period of half an hour.

(b) Notwithstanding clause 28.6(a) where an employee working overtime can complete their work within 3 hours after their ordinary finishing time they may continue to work for that period without a break for a meal provided that they do not work for more than 6.5 hours from their previous meal break.

(c) Where overtime is worked before the ordinary hour of commencing work and such overtime is of one and a half hours or more the employee will, within 5 hours of the commencement of such overtime, be required to take a meal period of half an hour without deduction of pay. Nothing in clause 28.6 will in any way affect the taking by the employee of their ordinary meal period prescribed by this award.

28.7 10 hour break

(a) for a full-time or part-time employee—200% of the overtime hourly rate;

(b) for a casual employee—200% of the overtime hourly rate.

28.8 36 hour break

(a) An employee who is required to work more than 6 consecutive days if a day work employee, or 6 consecutive shifts if a shiftwork employee, without a clear interval from work of 36 hours after the 6th day or shift, must be paid double time for all work performed after the 6th day or shift until the employee has had such clear interval of 36 hours. If an employee is stood off for any period during the ordinary working week in order to allow a 36 hour break there will be no reduction in their weekly wage rate.

(b) Notwithstanding clause 28.8(a) an employer and the majority of employees in the workplace or a section or sections of the workplace, may agree to a break of 10 hours. Where this agreement is made an employee may not work more than 13 consecutive days without a minimum break of 36 hours before the employees next day’s work or shift. Such an agreement must be recorded in the time and wages book. This is not subject to clause 7—Facilitative provisions.

(c) An employer will not insist on the employee working where the employee discloses that the employee is not free to work and discloses a good reason for the inability to work.

(d) The provisions of clause 28.8 will not apply where an agreement has been reached pursuant to clauses 13.3(e)(ii), 13.4(c)(ii) and 13.5(e)(ii) to introduce a 7 day shift operation.

28.9 Time off instead of payment for overtime

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

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 28.9.

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

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

(e) Time off must be taken:

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 28.9 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 28.9(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 28.9 as an employee record.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 28.9 will apply, including the requirement for separate written agreements under clause 28.9(b) for overtime that has been worked.

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 28.9 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

29. Call-back

29.1 Call-back applies when an employee is called back to perform work at a time when they would not ordinarily be at work and the employee has not been notified prior to last finishing work that they would be called back.

29.2 Except as otherwise provided in clauses 29.4 and 29.5, an employee called back will be paid one hour’s ordinary pay for the call back and, in addition, will be paid as provided in clause 29.3.

29.3 All time worked on a call-back will be paid for at double ordinary hourly rates of pay with a minimum of 3 hours’ work or payment at that rate instead.

29.4 In the event of an employee receiving a call-back and then, prior to commencing work, being informed by the employer that their services are not required for such call, the employee will, if they have:

(a) left their place of residence, be paid in accordance with clause 29.3 as if they had in fact started work; or

(b) not left their place of residence, be paid one hour’s ordinary pay.

29.5 The provisions of clause 29 will not apply where notification is given after the employee’s last occurring working day immediately preceding a weekend or rostered period off greater than 48 hours that they are required to report for overtime work prior to their normal commencing time on the first working day after that weekend or rostered period off and such overtime work:

(a) does not exceed 30 minutes; and

(b) is continuous with the commencement of their ordinary working time.

30. Stand-by for work

30.1 A stand-by for work is that period of time when an employee is required by their employer to hold themselves in readiness to perform work outside of their ordinary working hours but is not required to be at their place of employment during that period of stand-by. Provided arrangements are made between the employer and the employee as to where the employee may be contacted by the employer and meet the employer’s request to report for work if necessary or be released from standing by for work, the employee’s movements during the period of stand-by will be unrestricted.

30.2 For all time an employee is required to stand-by for work they will be paid as follows:

(a) weekly employees at the rate of the employee’s minimum hourly rate as prescribed by this award; or

(b) casual employee, at the hourly rate prescribed in clause 11.2 for day work.

30.3 An employee required to stand-by for work at their place of employment will be paid as though they were working as follows:

(a) if the stand-by is during ordinary hours of work, payment will be made at and be part of their ordinary wage; or

(b) if the stand-by is during overtime hours, the time will be included as part of their period of overtime and payment will be made at the appropriate rate of pay as prescribed in clause 28—Overtime and penalty rates.

Part 6—Leave and Public Holidays

31. Annual leave

31.1 Annual leave is provided for in the NES. Casual employees are not entitled to paid annual leave.

31.2 Notwithstanding clause 28.5, employees engaged in a daily newspaper office, in circumstances where they work the prescribed public holidays, may, by agreement between the employer and an employee or employees, be credited with an extra 2 weeks and 3 days’ annual leave instead of any penalty provision as provided for by clauses 36.3 or 36.4. Where there is an agreement between an employer and an employee under clause 36.2, clause 31.2 applies to the employee instead of clause 31.4.

31.3 Conversion to hourly entitlement

31.4 Definition of shiftworker

31.5 Payment for period of annual leave

(a) Instead of the base rate of pay as referred to in the NES, 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) The wages due must be calculated 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 first aid and inserting allowances, loadings and any other wages payable under the employee’s contract of employment including any over-award payment and if applicable, higher duties prescribed by clause 17.4.

(c) Payment will exclude overtime, shift allowances, penalties for weekend work, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.

31.6 Electronic funds transfer (EFT) payment of annual leave

31.7 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 31.5.

(b) The loading must be as follows:

31.8 Excessive leave accruals: general provision

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 31.4).

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

(d) Clause 31.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

31.9 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 31.8(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 31.9(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 31.9(a) that is in effect.

(d) An employee to whom a direction has been given under clause 31.9(a) may request to take a period of paid annual leave as if the direction had not been given.

31.10 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 31.8(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 31.10(a) if:

(c) A notice given by an employee under clause 31.10(a) must not:

(d) An employee is not entitled to request by a notice under clause 31.10(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 31.4) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 31.10(a).

31.11 Annual leave in advance

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

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 31.11 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 31.11, 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.

31.12 Annual close-down

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

(b) an employee who has accrued sufficient leave to cover the period of the close-down is allowed leave and is also paid for that leave at the appropriate wage in accordance with clauses 31.5 and 31.7;

(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 close-down;

(d) any leave taken by an employee as a result of a close-down pursuant to clause 31.12 also counts as service by the employee with their employer;

(e) the employer may only close down the enterprise or part of it pursuant to clause 31.12 for one or 2 separate periods in a year;

(f) if the employer closes down the enterprise or part of it pursuant to clause 31.12 in 2 separate periods, one of the periods must be for a period of at least 14 consecutive days including non-working days;

(g) the employer and the majority of employees concerned may agree to the enterprise or part of it being closed down pursuant to clause 31.12 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.

31.13 Payment of leave on termination of employment

31.14 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 31.14.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 31.14.

(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 31.14 must state:

(e) An agreement under clause 31.14 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 31.14 as an employee record.

32. Personal/carer’s leave and compassionate leave

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

33. Parental leave and related entitlements

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

34. Community service leave

Community service leave is provided for in the NES.

35. 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.

36. Public holidays

36.1 Public holidays are provided for in the NES.

36.2 Employees in a daily newspaper office who receive 6 weeks and 3 days’ annual leave will only be entitled to a paid day off on Christmas Day, Good Friday and a further day as prescribed below:

36.3 An employee required to work on a public holiday or a substitute day, as provided for in the NES or clause 36.5, will be paid as follows with a minimum payment of 4 hours:

For ordinary hours

250% of the ordinary hourly rate

For overtime

250% of the ordinary hourly rate

(a) an employee required as an inserter in a non-daily newspaper office who is required to work on a public holiday will be paid as follows with a minimum payment of 2 hours:

For ordinary hours

250% of the ordinary hourly rate

For overtime

250% of the ordinary hourly rate

(b) an employee engaged as a publishing employee in a non-daily newspaper office who is required to work on a public holiday will be paid as follows with a minimum payment of 3 hours:

For ordinary hours

250% of the ordinary hourly rate

For overtime

250% of the ordinary hourly rate

36.4 Where a weekly employee in a non-daily or daily newspaper office, other than an employee listed in clauses 36.3(a) and 36.3(b), is required to work on a public holiday they will be given a day off instead within 7 days of the holiday occurring or be paid as follows with a minimum payment of 4 hours:

For ordinary hours

200% of the ordinary hourly rate

For overtime

200% of the ordinary hourly rate

36.5 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.

36.6 Rostered day off falling on public holiday

(a) Except as provided for in clauses 36.6(b) and 36.6(c) and 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 the day off falls on a public holiday, the employee is entitled, at the discretion of the employer, to either:

(b) Where an employee has credited time accumulated pursuant to clauses 13.3(a)(iii), 13.4(a)(ii), 13.5(b)(iii), 13.6(a)(ii) and 13.7(b) then the 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 clauses 13.3(a)(iii), 13.4(a)(ii), 13.5(b)(iii), 13.6(a)(ii) and 13.7(b) as a day off on a week day and the 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 36.6(b) and 36.6(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 36.6(a) applies to the days off.

36.7 Part-day public holidays

Part 7—Consultation and Dispute Resolution

37. Consultation about major workplace change

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

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

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

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

37.2 For the purposes of the discussion under clause 37.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

37.3 Clause 37.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

37.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 37.1(b).

37.5 In clause 37 significant effects, on employees, includes any of the following:

(a) termination of employment; or

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

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

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

(e) alteration of hours of work; or

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

(g) job restructuring.

37.6 Where this award makes provision for alteration of any of the matters defined at clause 37.5, such alteration is taken not to have significant effect.

38. Consultation about changes to rosters or hours of work

38.1 Clause 38 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

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

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

(a) provide to the employees and representatives mentioned in clause 38.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

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

38.4 The employer must consider any views given under clause 38.3(b).

38.5 Clause 38 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

39. Dispute resolution

39.1 Clause 39 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

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

39.3 If the dispute is not resolved through discussion as mentioned in clause 39.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

39.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 39.2 and 39.3, a party to the dispute may refer it to the Fair Work Commission.

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

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

39.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 39.

39.8 While procedures are being followed under clause 39 in relation to a dispute:

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

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

39.9 Clause 39.8 is subject to any applicable work health and safety legislation.

40. Dispute resolution procedure training leave

40.1 Subject to the provisions of clause 40 a union delegate or duly elected employee representative will be entitled to up to 5 days’ training leave with pay each calendar year, non-cumulative, to receive training directed at the enhancement of the operation of dispute settling procedures.

40.2 The amount of training leave an employer may be requested to approve per 12 month period will depend on the number of weekly employees employed and will be in accordance with the following table:

Number of employees

Number of delegates or duly elected employee representatives

1–10

1 (3 days training leave)

11–20

1 (5 days training leave)

21–30

2 (5 days training leave each)

31–50

3 (5 days training leave each)

51–90

4 (5 days training leave each)

more than 90

5 (5 days training leave each)

40.3 Training leave will be granted upon an application in writing to the employer requesting such leave. The application to the employer must include the nature, content and duration of the course to be attended.

40.4 The granting of leave pursuant to clause 40 will be subject to the employer being able to make adequate staffing arrangements among current employees during the period of the leave. However an employer must not use clause 40.4 to avoid an obligation under clause 40.

40.5 An employee must provide at least 4 weeks’ notice of intention to take training leave, unless the employer agrees to a lesser period of notice.

40.6 While on training leave, the employee will be paid all ordinary time earnings. For the purposes of clause 40.6, ordinary time earnings means the wage rate for the classification, over-award payment and shift loading which otherwise would be payable.

40.7 Training leave granted under clause 40 will count as service for all purposes of this award.

40.8 All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided for in clause 40 will be the responsibility of the employee or the union.

40.9 Only employees who have completed 6 months’ continuous service with their current employer will be eligible for such leave.

Part 8—Termination of Employment and Redundancy

41. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

41.1 Notice of termination by an employee

(a) Clause 41.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

(c) In clause 41.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 41.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 41.1(b), then no deduction can be made under clause 41.1(d).

(f) Any deduction made under clause 41.1(d) must not be unreasonable in the circumstances.

41.2 Job search entitlement

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

(b) The time off under clause 41.2 is to be taken at times that are convenient to the employee after consultation with the employer.

42. Redundancy

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

42.1 Transfer to lower paid duties on redundancy

(a) Clause 42.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 42.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

42.2 Employee leaving during redundancy notice period

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

(b) The employee is entitled to receive the benefits and payments they would have received under clause 42 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

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

42.3 Job search entitlement

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

(b) If an employee is allowed time off without loss of pay of more than one day under clause 42.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 42.3(b).

(d) An employee who fails to produce proof when required under clause 42.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 41.2.

Schedule A—Classification Definitions

The definitions for the classification levels are as follows:

A.1 Level 1

A.2 Level 2

A.3 Level 3

A.4 Level 4

A.5 Level 5

A.6 Level 6

A.7 Level 7

A.8 Level 8

Schedule B—Summary of Monetary Allowances

See clause 26—Allowances for full details of allowances payable under this award.

B.1 Wage-related allowances
B.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for Level 5 in clause 17—Minimum rates and classification structure = $877.60.

Allowance

Clause

% of standard rate

$

Payable

Junior apprentice proficiency payments—for the course requirement passed at that standard

19.3(a)(i)

0.86

7.55

per week

Junior apprentice proficiency payments—for the second course requirement passed at that standard—instead of amount in clause 19.3(a)(i)

19.3(a)(ii)

1.72

15.09

per week

Junior apprentice proficiency payments—for the third course requirement passed at the standard—instead of amount in clause 19.3(a)(ii)

19.3(a)(iii)

2.58

22.64

per week

Visual display terminal allowance1

26.2(b)(i)

5.00

43.88

per week

Inserting allowance1

26.2(c)

3.00

26.33

per week

First aid allowance

26.2(d)

2.03

17.82

per week

B.1.2 Adjustment of wage-related allowances

B.2 Expense-related allowances
B.2.1 The following expense-related allowances will be payable to employees in accordance with clause 26.3:

Allowance

Clause

$

Payable

Meal allowance

26.3(a)

15.54

per occasion

B.2.2 Adjustment of expense-related allowances

   

Schedule C—School-based Apprentices
C.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
C.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
C.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
C.4 For the purposes of clause C.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
C.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
C.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
C.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
C.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency-based progression.
C.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
C.10 If an apprentice converts from school-based to full-time, the successful completion of competencies and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
C.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

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

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

    Assessed capacity (clause D.5)
    %

    Relevant minimum wage
    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

D.4.2 Provided that the minimum amount payable must be not less than $89 per week.
D.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
D.5 Assessment of capacity
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
D.6 Lodgement of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment

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

D.8 Other terms and conditions of employment

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

D.9 Workplace adjustment

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

D.10 Trial period
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
D.10.3 The minimum amount payable to the employee during the trial period must be no less than $89 per week.
D.10.4 Work trials should include induction or training as appropriate to the job being trialled.
D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause D.5.

Schedule E—Agreement for Time Off Instead of Payment for Overtime

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Amount of overtime worked: _______ hours and ______ minutes

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Schedule F—Agreement to Take Annual Leave in Advance

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

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

I agree that:

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

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule G—Agreement to Cash Out Annual Leave

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule H—Part-day Public Holidays
H.1 This schedule operates in conjunction with award provisions dealing with public holidays.
H.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

H.3 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.
H.4 This schedule is not intended to detract from or supplement the NES.

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 27 July 2020 until 29 March 2021. 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

X.2.2 Annual leave at half pay

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.