DECISION

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

4 yearly review of modern awards
(AM2019/17)

4 yearly review of modern awards – finalisation of Exposure Drafts and variation determinations – Tranche 2.

1. Background

[1] This Full Bench has been constituted to oversee the process for finalising the exposure drafts produced during the Review and the consequent variation of each modern award. On 2 September 2019, we published a timetable for the finalisation process. The timetable divides modern awards into 3 tranches. Variation determinations in respect of the 30 awards in tranche 1 were issued on 25 November 2019 and took effect on 4 February 2020. This Decision deals with the 39 1 awards in Tranche 2:

•  Aboriginal Community Controlled Health Services Award

•  Airline Operations—Ground Staff Award

•  Air Pilots Award

•  Airport Employees Award

•  Alpine Resorts Award

•  Architects Award

•  Asphalt Industry Award

•  Cleaning Services Award

•  Clerks—Private Sector Award

•  Commercial Sales Award

•  Concrete Products Award

•  Contract Call Centres Award

•  Dry Cleaning and Laundry Industry Award

•  Educational Services (Post-Secondary Education) Award

•  Gas Industry Award

•  Higher Education Industry—Academic Staff—Award

•  Higher Education Industry—General Staff—Award

•  Hospitality Industry (General) Award

•  Hydrocarbons Field Geologists Award

•  Labour Market Assistance Industry Award

•  Local Government Industry Award

•  Mannequins and Models Award

•  Manufacturing and Associated Industries and Occupations Award

•  Maritime Offshore Oil and Gas Award

•  Meat Industry Award

•  Pastoral Award

•  Passenger Vehicle Transportation Award

•  Poultry Processing Award

•  Professional Diving Industry (Industrial) Award

•  Professional Diving Industry (Recreational) Award

•  Rail Industry Award

•  Restaurant Industry Award

•  Road Transport (Long Distance Operations) Award

•  Road Transport and Distribution Award

•  Stevedoring Industry Award

•  Storage Services and Wholesale Award

•  Transport (Cash in Transit) Award

•  Vehicle Repair, Services and Retail Award

•  Waste Management Award.

[2] On 14 October 2019 Exposure Drafts were published for each of these awards with amendments made in tracked changes to show the changes made since the Exposure Draft was last published. Draft variation determinations in respect of each award were also published.

[3] In a decision issued on 14 October 2019 2 we expressed the provisional view that the variation of the modern awards in Tranche 2 in accordance with the draft variation determinations was, in respect of each of these awards, necessary to achieve the modern awards objective. Interested parties were invited to comment on the provisional view in accordance with the timetable below:

Date	Event
14 October 2019	Publish final Exposure Drafts and draft variation determinations
27 November 2019	Parties to file submissions on final Exposure Drafts and draft variation determinations
9 December 2019	Parties to file submissions in reply
17 and 18 December 2019 3	Full Bench Hearing

[4] Hearings were held on 17 and 18 December 2019. The transcript of the hearings is available on the Commission’s website. 4

[5] A further decision was issued on 24 December 2019 5 (the December 2019 decision) which confirmed that the following amendments would be made to the Tranche 2 awards:

•  The removal of any contested overtime for casuals rates from the rates of pay Schedules.

•  Casual conversion clauses in the 28 awards that had such clauses prior to the Casual and Part-time Decision will not be redrafted during the review and the Exposure Drafts will be amended to re-insert the current award term.

•  The deletion of the ‘note’ in the Schedules of Rates.

•  The year in the title of the award will be amended to 2020.

•  In awards where the coverage clause refers to other modern awards, the year in the title of those awards will be amended to either 2010 or 2020 as appropriate.

•  References to the summary of hourly rates of pay and the summary of monetary allowances schedules have been converted from an information box to a Note wherever appropriate. The reference to ‘penalties’ in this note will be corrected to ‘penalty rates’.

•  The reference to the Miscellaneous Award 20XX will be amended to Miscellaneous Award 2010 and has been hyperlinked to the Miscellaneous Award 2010 on the website. This will be varied to the Miscellaneous Award 2020 when the review of the Miscellaneous Award is finalised.

•  Some formatting changes will be made to the summary of hourly rates of pay schedules to facilitate subsequent variation determinations following an Annual Wage Review. The content of these schedules will not be changed. 6

[6] Each of the amendments outlined above have been reflected in the final variation determinations.

[7] The December 2019 decision also confirmed the operative date of 13 April 2020 for the uncontested awards 7 and 4 May 2020 for contested awards.8

2. Finalisation of the Variation Determinations

[8] This decision deals with a number of additional amendments made to the variation determinations for Tranche 2 following the publication of the December 2019 decision. These additional amendments fall into four categories:

•  changes arising from other Full Bench decisions;

•  the correction of minor errors;

•  terminology of rates issues; and

•  award specific issues.

[9] We deal with the award specific issues in section 3 of this decision.

2.1 Changes arising from other Full Bench decisions

[10] On 17 December 2019, a Full Bench issued a decision 9 to vary the Part-day public holidays schedule in 113 of the 121 modern awards. Variation determinations giving effect to this decision were subsequently published.10 Each of the relevant variation determinations for tranche 2 awards has been updated to reflect the variations made to the part day public holidays schedule.

[11] The Annualised Wage Arrangements Full Bench issued final variation determinations on 12 February 2020 which affect the following Tranche 2 awards:

•  Clerks—Private Sector Award 2010

•  Contract Call Centres Award 2010

•  Local Government Industry Award 2010

•  Manufacturing and Associated Industries and Occupations Award 2010

•  Pastoral Industry Award 2010

•  Rail Industry Award 2010.

[12] These variation determinations come into effect on 1 March 2020.

[13] We will issue revised draft variation determinations in respect of 5 of these Tranche 2 awards on 19 February 2020. The revised draft variation determinations will incorporate the variations issued by the Annualised Wage Arrangements Full Bench. Interested parties will have until 4.00 pm on Wednesday 4 March 2020 to comment on the revised drafts.

[14] A different process will apply in respect of the Pastoral Industry Award 2010. On 29 January 2020 another Full Bench issued a decision 11 resolving an ambiguity in relation to when an employee working overtime is entitled to a second meal break. The variation determination giving effect to that decision has not yet been settled. To avoid any confusion we propose to wait until that variation determination has been made before publishing a revised draft variation determination in respect of this award. We will publish a statement setting out the process for commenting on that revised draft variation determination, in due course.

[15] The Full Bench constituted to deal with substantive issues in Restaurant Industry Award (the Restaurant Award) and the Hospitality Industry (General) Award (the Hospitality Award) issued a decision on 13 December 2019. 12 Award variation determinations were published on 23 January 202013 (the 23 January determinations). A separate statement will be issued outlining the process for finalising the variation determinations for these 2 awards.

2.2 Correcting minor errors

[16] A number of minor errors have been corrected during the finalisation process for the following Exposure Drafts:

•  Aboriginal Community Controlled Health Services Award 14

•  Airline Operations—Ground Staff Award 15

•  Air Pilots Award 16

•  Airport Employees Award 17

•  Alpine Resorts Award 18

•  Architects Award 19

•  Asphalt Industry Award 20

•  Cleaning Services Award 21

•  Clerks–Private Sector Award 22

•  Commercial Sales Award 23

•  Concrete Products Award 24

•  Contract Call Centres Award 25

•  Dry Cleaning and Laundry Industry Award 26

•  Educational Services (Post-Secondary Education) Award 27

•  Gas Industry Award 28

•  Higher Education Industry—Academic Staff—Award 29

•  Higher Education Industry—General Staff—Award 30

•  Hospitality Industry (General) Award 31

•  Hydrocarbons Field Geologists Award 32

•  Labour Market Assistance Industry Award 33

•  Local Government Industry Award 34

•  Mannequins and Models Award 35

•  Manufacturing and Associated Industries and Occupations Award 36

•  Maritime Offshore Oil and Gas Award 37

•  Meat Industry Award 38

•  Passenger Vehicle Transportation Award 39

•  Pastoral Award 40

•  Poultry Processing Award 41

•  Professional Diving Industry (Industrial) Award 42

•  Professional Diving Industry (Recreational) Award 43

•  Rail Industry Award 44

•  Road Transport and Distribution Award 45

•  Road Transport (Long Distance Operations) Award 46

•  Stevedoring Industry Award 47

•  Storage Services and Wholesale Award 48

•  Transport (Cash in Transit) Award 49

•  Vehicle Repair, Services and Retail Award 50

•  Waste Management Award. 51

2.3 Terminology of rates issues

[17] In a decision issued on 20 August 2019 52 the Plain Language Full Bench determined that changes to the terminology of rates would be made on an award by award basis. These amendments have been made progressively during the finalisation of exposure drafts. A number of further corrections have been made to the terminology of rates in the following awards:

•  Aboriginal Community Controlled Health Services Award 53

•  Airport Employees Award 54

•  Airline Operations—Ground Staff Award 55

•  Cleaning Services Award 56

•  Concrete Products Award 57

•  Contract Call Centres Award 58

•  Dry Cleaning and Laundry Industry Award 59

•  Educational Services (Post-Secondary Education) Award 60

•  Higher Education Industry—General Staff—Award 61

•  Labour Market Assistance Industry Award 62

•  Manufacturing and Associated Industries and Occupations Award 63

•  Mannequins and Models Award 64

•  Meat Industry Award 65

•  Pastoral Award 66

•  Poultry Processing Award 67

•  Professional Diving Industry (Industrial) Award 68

•  Professional Diving Industry (Recreational) Award 69

•  Road Transport (Long Distance Operations) Award 70

•  Stevedoring Industry Award 71

•  Storage Services and Wholesale Award 72

•  Road Transport and Distribution Award 73

•  Waste Management Award 74

•  Vehicle Repair, Services and Retail Award. 75

[18] We now turn to the award specific issues.

3. Award specific issues

3.1 Aboriginal Community Controlled Health Services Award

Clause B.1.3

[19] In the exposure draft published on 14 October 2019, the table at clause B.1.3 was altered in error, with the column “Outside normal span of hours” appearing as though it was applicable to all employees. The table in clause B.1.3 has been amended to ensure the column for “Outside normal span of hours” is applicable to shiftworkers only and not all employees. The “% of minimum hourly rate” row has also been reinserted into the table as set out below (with amendments shown in red text):

B.1.3 Casual adult employees—ordinary, shiftwork and penalty rates

	All employees		Shiftworkers			All employees
	Day	Outside normal span of hours1	Outside normal span of hours1	Continuous night shift2	Saturday	Sunday	Public holiday
		% of minimum hourly rate
	125%	140%	140%	155%	175%	225%	150%
	$	$	$	$	$	$	$

3.2 Air Pilots Award

Clauses 23.11 and 24.3

[20] Clauses 23.11 ‘Requirement to take leave notwithstanding terms of the NES’ and 24.3 ‘When annual leave can be taken’ have been deleted as they were inadvertently inserted into the exposure draft when giving effect to decision [2018] FWCFB 4175.

[21] As a result of the deletion of clause 24.3, clause 23.6(d) has been amended as follows:

‘(d) Annual Subject to clause 24—Excessive annual leave accruals, annual leave must be taken at a time fixed by the employer.’

Clause 24.4

[22] The entirety of clause 24.4 ‘Cashing out of annual leave’ has been renumbered as clause 23.12 to ensure that this clause sits with other annual leave provisions in the award.

3.3 Airport Employees Award

[23] The table at B.1.12 relating to professional engineer adult shiftworkers contained a drafting error which meant that the rates appeared in the wrong rows. This has been corrected as set out below:

	Monday to Friday		Saturday and Sunday
	First 3 hours	After first 3 hours	All hours worked
	% of minimum hourly rate
	150%	200%	200%
	$	$	$
Professional engineer Level 1
Professional engineer Level 1—Pay point 1	42.23	56.30	56.30
—Pay point 12	43.86	58.48	58.48
—Pay point 23	45.45	60.60	60.60
Pay point 3 Professional engineer Level 2	47.73	63.64	63.64
Professional engineer Level 3	*	*	*
Professional engineer Level 4	*	*	*

3.4 Airline Operations—Ground Staff Award

Clause 10.3(b)

[24] Clause 10.3(b) has been amended to include a cross-reference to clause 15–Rostering arrangements. The rostering provisions appear at clause 28–Ordinary hours of work in the current award but have been moved into a separate provision in the exposure draft process. The amendment is as follows:

‘(b) Subject to clause 10.3(a), part-time shiftworkers will be rostered in accordance with clauses 14—Ordinary hours of work, 15—Rostering arrangements and 17—Special provisions for shiftworkers.’

Clause 18.5(d)

[25] In the progression requirements for Stage 3 in the table in 18.5(d), the preamble has been amended to read ‘An apprentice enters Stage 3:’. Similarly, in the progression requirements for Stage 4, the preamble has been amended to read ‘An apprentice enters Stage 4:’. The amendments are set out below:

Stage of apprenticeship	Progression requirements
Stage 1	No entry requirements
Stage 2	An apprentice enters Stage 2: ● On attainment of 25% of the competencies required for the relevant AQF Certificate III or IV qualification specified in the training plan; or ● 12 months after commencing the apprenticeship, whichever is the earlier
Stage 3	An apprentice enters Stage 2 3: ● On attainment of 50% of the competencies required for the relevant AQF Certificate III or IV qualification specified in the training plan; or ● 12 months after commencing Stage 2, whichever is the earlier
Stage 4	An apprentice enters Stage 2 4: ● On attainment of 75% of the competencies required for the relevant AQF Certificate III or IV qualification specified in the training plan; or ● 12 months after commencing Stage 3, whichever is the earlier

Clause 24.1(c)

[26] Further to the decision 76 and resulting determination issued by the Award Flexibility Full Bench clause 24.1(c) has been deleted.77

Footnotes in Schedule B

[27] Footnote 3 in the table in clauses B.2.2, B.3.2, B.4.2, B.5.2, B.6.2, B.7.2, B.8.2 and B.9.2 previously referred to the heading at clause 17.5 (Continuous afternoon or night shift) as follows:

‘Continuous afternoon or night shift means work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights (see clause 17.5).’

[28] However, this is not consistent with the definition of continuous shift work at clause 14.3:

(a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except:

(i) for breakdowns;

(ii) for meal breaks; or

(iii) because of unavoidable causes beyond the control of the employer.

[29] To clarify that the footnote refers to an additional rate as set out at clause 17.5, the following amendments have been made:

‘3 Continuous afternoon or night shift means Rate that must be paid to shiftworkers who work on any afternoon or night shift which does not continue for at least 5 consecutive afternoons or nights (including Saturdays and Sundays) (see clause 17.5).’

Table headings in Schedule B

[30] In accordance with a decision issued a Full Bench on 4 October 2019, 78 the table headings in clauses B.2.4, B.3.4, B.4.4 and B.5.4 have been amended to correctly reflect the provisions in clause 24 (Payment for working overtime) as follows:79

	Day workers			Shiftworkers (except continuous shiftworkers)			Continuous shiftworkers
	Monday to Saturday		Sunday	Monday to SundaySaturday		Sunday	Monday to Sunday
	First 2 hours	After 2 hours	All hours	First 2 hours	After 2 hours	All hours	All overtime hours
	% of ordinary hourly rate1
	150%	200%	200%	150%	200%	200%	200%
	$	$	$	$	$	$	$

Rates in B.5.3

[31] The rates contained in the table at clause B.5.3 have been updated to reflect rates from the Annual Wage Review 2018–19 decision.

3.5 Alpine Resorts Award

[32] In accordance with the decision of a Full Bench issued on 16 October 2019, clauses 4.1 and 4.2 of the exposure draft has been amended as follows: 80

‘4.1 This industry award covers employers throughout Australia who operate an alpine resort and their employees employed at, or in direct connection with the operation of, the alpine resort in the classifications within Schedule A—Classification Definitions to the exclusion of any other modern award.

4.2 Alpine resort means an establishment a resort which includes whose business, among other things, includes an alpine lift lifting.’

3.6 Asphalt Industry Award

Clause 11.4

[33] At the hearing on 18 December 2019, the AWU raised an issue in relation to the casual loading at clause 11.4. 81 Ai Group agreed with the amendment proposed by the AWU.82 We confirm that this amendment has been made as follows:

(a) For each hour worked, a casual employee must be paid:

(i) the minimum ordinary hourly rate in clause 15; plus

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

for the classification in which they are employed.

Clause 26.2

[34] The December 2019 decision set out an issue in relation to payment for work on a public holiday at [137] to [140]. At the hearing on 18 December 2019, the parties agreed to resolve the issue by deleting the words ‘ordinary hours’ from clause 26.2. 83 We agree and confirm that the final variation determination has been amended accordingly.

Clause B.2.1

[35] In the table at clause B.2.1, the descriptions of allowances have been changed to correctly reflect the wording of the clause to which each description relates.

Allowance	Clause	$	Payable
Meal allowance—overtime of one and a half more than 1.5 hours after usual ceasing time—without notice	17.3(a)(i)	15.75	per occasion
Meal allowance—overtime—5 and a half 5.5 hours or more after usual ceasing time and each further 4 hours	17.3(a)(ii)	15.75	per occasion
Travelling expenses—meal allowance while travelling to distant work	17.3(d)(ii)	15.75	per meal
Travelling expenses—accommodation when required to spend a night en route to distant work	17.3(d)(ii)	70.30	per night
Distant work—accommodation and incidentals allowance:
Board and lodging for 7 days	17.3(e)(i)	504.54	per week
All living expenses for broken parts of a week—an amount of up to	17.3(e)(i)	504.54	per week
Incidentals allowance	17.3(e)(ii)	5.38	per night

[36] In addition, the terms ‘one and a half’ and ‘5 and a half’ in the rows relating to meal allowance, have been changed to refer to ‘1.5’ and ‘5.5’ respectively.

3.7 Cleaning Services Award

Clause 19.1(c)(ix)

[37] The Cleaning Services Award 2010 was varied on 20 August 2019 by the Plain Language Full Bench to insert a new model term dealing with ‘reasonable overtime’. 84 When the reasonable overtime term was inserted into the Cleaning Services Award exposure draft, the cross-reference in clause 19.1(c)(ix) to ‘clause 13’ was erroneously deleted and the words ‘in this award’ inserted instead. This has been corrected as follows:

‘(ix) whether the additional hours are in accordance with averaging terms of clause 13—Ordinary hours of work and rostering in this award inserted pursuant to section 63 of the Act, that applies to the employee; and’

Examples in clauses 19.4 and 20.2

[38] The rates contained in Example 1 in clause 19.4 and Example 2 in clause 20.2 have been updated to reflect rates from the Annual Wage Review 2018–19 decision.

Table at clause 19.7(c)

[39] The description of the rate of pay for a call back on Monday to Friday in Table 6 at clause 19.7(c) has been amended to reflect the wording of the Cleaning Services Award 2010. The words ‘Ordinary hourly rate plus any applicable shift penalty’ have been replaced with ‘Appropriate rate for ordinary hours or applicable penalty rate’ as follows:

Column 1 Day on which the employee’s attendance is required	Column 2 Rate of pay	Column 3 Minimum number of hours paid for
Monday to Friday	Appropriate rate for ordinary hours or applicable penalty rate Ordinary hourly rate plus any applicable shift loading	2 hours
Saturday	Appropriate Saturday rate	3 hours
Sunday	Appropriate Sunday rate	4 hours

[40] The amendment is necessary as ‘ordinary hourly rate’ is not a defined term in the award.

3.8 Concrete Products Award

[41] The sentence ‘The employer must ensure that copies of this award and the NES are available to all employees to whom they apply.’ has been deleted from clause 3.2 to avoid repetition with clause 3.3 as set out below:

3.2 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply. 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.

3.9 Contract Call Centres Award

[42] Amendments have been made in the tables at clauses B.1.1 and B.2.1. The first amendment affects the first two columns of each of the tables. The column headings have been amended to reflect the fact that the rates apply from Monday to Friday.

[43] The rates within the first column relate to employees working within the spread of ordinary hours from Monday to Friday and the rates within the second column relate to employees working outside the spread of ordinary hours from Monday to Friday.

[44] The second amendment relates to existing footnote 1, namely: ‘Does not apply to designated shiftworkers performing work during afternoon and night shifts’. Footnote 1 has been inserted to apply to column two, ‘Outside spread of ordinary hours’, in both tables at clauses B.1.1 and B.2.1. The amendment has been made to clarify that pursuant to clause 21.1(c), the penalty rates in column two (Monday to Friday—outside the spread of ordinary hours), do not apply when the shift penalty rates apply in accordance with clause 21.2(a).

[45] The above amendments are made as follows (with the table at clause B.1.1 partially reproduced below as an example):

	Monday to Friday		Saturday	Sunday		Public holiday1
	Within spread of ordinary hours Ordinary hours	Monday to Friday Outside spread of ordinary hours1		7 am–7 pm	12 am–7 am & 7 pm–12 am
	% of minimum hourly rate
	100%	125%	125%	150%	175%	250%
	$	$	$	$	$	$
Customer Contact Trainee	20.82	26.03	26.03	31.23	36.44	52.05
Clerical and Administration Officer Level 1	20.82	26.03	26.03	31.23	36.44	52.05
Customer Contact Officer Level 1	21.54	26.93	26.93	32.31	37.70	53.85
Clerical and Administration Officer Level 2	21.54	26.93	26.93	32.31	37.70	53.85

¹ Does not apply to designated shiftworkers performing work during afternoon and night shifts.

3.10 Hydrocarbons Field Geologists Award

[46] In Schedule A, a rounding error appeared in the ‘casual hourly rate’ for a ‘competent mudlogger’. The figure has been amended from ‘37.93’ to ‘37.94’. The table has been partially reproduced below:

	Minimum hourly rate	Daily rig allowance	Hourly rig allowance1	Casual hourly rate2
	$ per hour	$ per day	$ per hour	$ per hour
Trainee mudlogger	21.01	80.71	6.73	34.68
Trainee mudlogger (has a bachelor of science in geology)	25.98	80.71	6.73	40.89
Competent mudlogger	21.01	112.08	9.34	37.934

^1.The hourly rig allowance was obtained by dividing the daily rig allowance by 12 as per clause 11.3.

^2.The casual hourly rate was obtained by adding the hourly rig allowance to the minimum hourly rate and applying the casual loading to the resulting figure.

3.11 Labour Market Assistance Industry Award 2010

[47] In Schedule A, clause A.3.2(d) had been inadvertently split into (d) and (e) as follows:

(d) To assist in the facilitation of career advancement of Administrative assistants, employers may structure the job of an Administrative assistant to incorporate some functions of an Employment services officer grade 1 should they wish to design a mixed function job incorporating duties normally performed in both classifications. In such instances, the higher duties allowance provided for in clause 16.2–Higher duties.

(e) Higher duties will apply in respect to any Administrative assistant who performs a mixed function job.

[48] This has been amended as follows:

(d) To assist in the facilitation of career advancement of Administrative assistants, employers may structure the job of an Administrative assistant to incorporate some functions of an Employment services officer grade 1 should they wish to design a mixed function job incorporating duties normally performed in both classifications. In such instances, the higher duties allowance provided for in clause 16.2—Higher duties will apply in respect to any Administrative assistant who performs a mixed function job.

•  Mannequins and Models Award

Clause 28 – substitution of public holidays

[49] The clause which provides payment for work performed on a public holiday
(clause 28.6) has been moved to clause 28.2 for clarity with consequential renumbering changes.

[50] In accordance with a Full Bench Decision 85 issued on 25 July 2019 relating to the substitution of public holidays, the Mannequins Award was varied to remove the provision which required the agreement of the majority of affected employees regarding the agreement to substitute another day for any prescribed public holiday.

[51] The new clause 28.3(c) (previous clause 28.2(c)) which said: ‘Any agreement must be recorded in writing and be available to every affected employee,’ has been deleted to reflect the Full Bench’s determination relating to the substitution of public holidays. As a result of the deletion of clause 28.3(c), clause 28.3(d) has been renumbered as clause 28.3(c).

Insertion of standard clauses

[52] In a decision 86 issued on 29 January 2020 the Plain Language Full Bench determined that the Mannequins Award should be varied to include a number of standard clauses. A final variation determination87 inserted standard clauses A to E and the standard redundancy provision to include small business employer redundancy provisions.88 Amendments have been made to the variation determination in accordance with that decision.

3.13 Manufacturing and Associated Industries and Occupations Award

Definition of ‘afternoon shift’ and ‘night shift’

[53] The draft variation determination included definitions of ‘afternoon shift’ and ‘night shift’ in the definitions section at clause 2. These definitions do not reflect the existing definitions in respect of vehicle manufacturing employees. To reflect the existing award terms the definition of ‘afternoon shift’ in clause 2 has been deleted and two new definitions of ‘afternoon shift’ have been inserted as follows:

‘afternoon shift, for employees other than Vehicle Manufacturing employees covered by clause 4.8(a)(xi), has the meaning given in clause 32.2(b)(i).

afternoon shift, for Vehicle Manufacturing employees covered by clause 4.8(a)(xi), has the meaning given in clause 54.1(a)(i)’

[54] Similarly, the definition of ‘night shift’ in clause 2 has been deleted and two new definitions of ‘night shift’ have been inserted as follows:

‘night shift, for employees other than Vehicle Manufacturing employees covered by clause 4.8(a)(xi), has the meaning given in clause 32.2(b)(iii).

night shift, for Vehicle Manufacturing employees covered by clause 4.8(a)(xi), has the meaning given in clause 54.1(a)(ii).’

Clause 12.16(c)

[55] The words “of additional time that needs to be worked in the relevant year” had been deleted in error from clause 12.16(c) and has now been reinserted. The amendment is as follows:

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

Clause 31.4

[56] Clause 31.4 of the draft variation determination excluded vehicle manufacturing employees as follows:

31.4 Payment for overtime—continuous shiftworkers

A continuous shiftworker working overtime will be paid 200% of the ordinary hourly rate. Clause 31.4 does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi).

[57] The draft variation did not provide any overtime rates for continuous shiftworkers in the vehicle industry. It appears that this was an oversight in incorporation of vehicle manufacturing provisions into the Manufacturing exposure draft. Clause 31.4 has been amended to incorporate the overtime provisions for continuous shiftworkers in the Vehicle award as follows:

31.4 Payment for overtime—continuous shiftworkers

(a) A continuous shiftworker working overtime will be paid 200% of the ordinary hourly rate. Clause 31.4 31.4(a) does not apply to vehicle manufacturing employees covered by clause 4.8(a)(xi).

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

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

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

Clause 31.5

[58] Clause 31.5 provides overtime rates for day workers on Saturday. When the exposure draft was first published, the words ‘except where the overtime is continuous with overtime commenced on the previous day’ were unintentionally omitted. These words have been reinstated as follows:

31.5 Saturday work—day worker

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

Clause 34.2

[59] The current Manufacturing Award contains the following provision at clause 42.2:

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

[60] It appears that this clause was inadvertently deleted from the exposure draft when it was amended to give effect to the decision of the award stage Full Bench in 2014 to delete provisions summarising NES entitlements. 89 This provision has been reinserted at clause 34.2 of the final variation determination.

3.14 Maritime Offshore Oil and Gas Award

[61] The personal accident insurance amount of $136,135.00 appearing in clause 15.4(c) has been amended to reflect the correct figure of $136,035 which appears at clause 14.10(c) of the current award.

[62] The same amendment has been made to the monetary figure appearing in the table at clause A.2.1 relating to personal accident insurance.

3.15 Meat Industry Award 

[63] The row containing reference to clause 10.2 – Variation to hours for part-time employment has been deleted from the table in clause 7.2(a). The amendment appears as follows (table only partially reproduced):

Clause number	Provision
8.3	Transfer from one employment category to another
10.2	Variation to hours for part-time employment
14.5(d)	Saturday and Sunday off during work cycle
14.6(b)	Change of roster at short notice
14.8	Make-up time

[64] Clause 10.2 provides as follows:

10.2 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work specifying at least:

(a) the hours worked each day;

(b) which days of the week the employee will work;

(c) the actual starting and finishing times of each day; and

(d) that the minimum daily engagement is 4 hours.

[65] As clause 10.2 is about agreeing hours at the time of engagement it is not appropriate to include it in a table of facilitative provisions.

[66] The monetary figure ‘45.68’ which appears in the bottom right cell in the table in clause B.5.2 and which relates to MI 8 employees has been replaced with a dash ‘-’. The column which provides the Sunday overtime rate applies to meat processing establishments only, therefore the Sunday overtime rate does not apply to the MI 8 classification. The amendment is as follows:

‘B.5.2 Full-time and part-time adult employees—overtime rates

	First 3 hours	After 3 hours	Sunday—all day (meat processing establishments only)
	% of minimum hourly rate
	150%	200%	200%
	$	$	$
MI 1	29.24	38.98	38.98
MI 2	30.27	40.36	40.36
MI 3	30.65	40.86	40.86
MI 4	31.41	41.88	41.88
MI 5	32.00	42.66	42.66
MI 6	32.67	43.56	43.56
MI 7	34.05	45.40	45.40
MI 8	35.30	47.06	45.68 -

•  Passenger Vehicle Transportation Award

Casual rates – two driver operations

[67] In the exposure draft published on 14 October 2019, clauses 20.2 and B.2.2 appear to have incorrectly translated the entitlements of clause 23.6 of the current award in relation to casual employees on two driver operations.

[68] Clause 23.6 of the current award provides:

23.6 Employees on two-driver operations

(a) In addition to the rates set out in clause 14—Minimum wages employees engaged on two-driver operations will be paid the following:

(i) ordinary time for all hours of duty between midnight Sunday and midnight Friday;

(ii) ordinary time plus 25% for all hours of duty between midnight Friday and midnight Saturday;

(iii) ordinary time plus 50% for all hours of duty between midnight Saturday and midnight Sunday;

(iv) an additional eight hours at ordinary time where hours of duty are worked on any public holiday other than Good Friday and Christmas Day; and

(v) ordinary time plus 25% for all hours of duty on Good Friday and Christmas Day plus an additional eight hours at ordinary time.

(b) The rates in clause 23.6(a) are in full substitution for all other penalties and loadings provided for in this award, other than overtime.

[69] In addition, clause 10.5(c) of the current award provides:

10.5 Casual employment

…

(c) A casual employee while working ordinary hours must be paid on an hourly basis 1/38th of the appropriate weekly wage rate prescribed by the award, plus 25% of ordinary time earnings for the work performed.

…

[70] In clause 20.2, the exposure draft incorrectly stated that casual employees on two-driver operations receive the casual loading for ordinary hours worked on Monday – Friday in addition to the penalty for work performed on Saturdays, Sundays and Public Holidays.

[71] In the table at clause B.2.2, the exposure draft incorrectly stated that casual employees do not receive the casual loading for ordinary hours worked on Monday – Friday and also do not receive the casual loading in addition to the penalty for work performed on Saturdays, Sundays and Public Holidays.

[72] We have amended clauses 20.2 and B.2.2 of the exposure draft to provide that casual employees on two-driver operations receive the casual loading for ordinary hours worked on Monday – Friday and do not receive the casual loading in addition to the penalty for work performed on Saturdays, Sundays and Public Holidays.

[73] The amendments are made as follows to clause 20.2:

20.2 Employees on two-driver operations

An employee on two-driver operations will be paid the following rates for all ordinary hours worked by the employee during the following periods:

Time worked	Rate	Casual rate (inclusive of 25% loading)1
	% of minimum hourly rate
Monday to Friday—all hours	100%	125%
Saturday—all hours	125%	150125%
Sunday—all hours	150%	175150%
Public holiday other than Good Friday and Christmas day	100% plus an additional 8 hours at ordinary time	125100% plus an additional 8 hours at ordinary time
Good Friday and Christmas Day	125% plus an additional 8 hours at ordinary time	150125% plus an additional 8 hours at ordinary time

¹ The casual loading applies for ordinary hours worked on Monday to Friday.

[74] The amendments made to clause B.2.2 are set out below:

B.2.2 Casual employees on two-driver operations—ordinary and penalty rates

	Ordinary hours	Saturday	Sunday	Public holiday	Good Friday or Christmas day
	% of minimum hourly rate
	100125%	125%	150%	N/A	N/A
	$	$	$	$ per shift1	$ per shift2
Grade 1	21.03 26.29	26.29	31.55	168.24	168.24
Grade 2	21.54 26.93	26.93	32.31	172.32	172.32
Grade 3	22.77 28.46	28.46	34.16	182.16	182.16
Grade 4	23.57 29.46	29.46	35.36	188.56	188.56
Grade 5	24.87 31.09	31.09	37.31	198.96	198.96
Grade 6	25.97 32.46	32.46	38.96	207.76	207.76

¹ This amount is payable in addition to 100% of the minimum hourly rate for hours worked (see clause 15.1).

² This amount is payable in addition to 125% of the minimum hourly rate for hours worked (see clause 15.1).

3.17 Professional Diving Industry (Industrial) Award

Clause 7.2

[75] The list of facilitative provisions has been amended to clarify the application of some terms to ‘inshore divers’ or ‘offshore divers’ only, and to apply a consistent approach to specifying the application. The amendments are made as follows:

(c) clause 25.1(e)—Ordinary hours of work and rostering (inshore divers);

(d) clause 28.1—Payment of wages (inshore divers);

(e) clause 30.4—Time off instead of payment for overtime (inshore divers);

(f) clause 31.1(c)—Roster cycles for (offshore divers); and

(g) clause 33.1—Payment of wages (offshore divers).

Clause 25.2

[76] Clause 25.2 – ‘Work on first day of off duty period’ has been deleted in its entirety as this provision applies to offshore divers only. This amendment also reflects the current award.

[77] It appears that this provision was incorrectly inserted in the part dealing with inshore divers as well as in the part dealing with offshore divers in the first published exposure draft. All subsequent published exposure drafts maintained this error.

Clauses C.1.1 and C.3.1

[78] In clauses C.1.1 and C.3.1, amendments have been made to the paragraphs that appear before the tables at both clauses. The amendments are to firstly reflect that there is a single definition of standard rate in the award and additionally to correctly reflect the same amendment that was made to the definition of standard rate in clause 2. The amendments to both clauses have been made as follows:

‘The following wage-related allowances are based on the weekly standard rate defined in clause 2—Definitions as the minimum weekly wage rate for a Skill level 3 Diver in clause…’

3.18 Rail Industry Award

[79] On 11 December 2019 a decision 90 issued by the Payment of Wages Full Bench finalised the payment on termination of employment clause for the Rail Industry Award 2010. This provision has been inserted at clause 16 of the final variation determination. Consequentially, all clauses that follow clause 16 have been renumbered.

3.19 Road Transport and Distribution Award

Clause 11.6(i)

[80] Clause 11.6(i) had been inadvertently removed as a subclause in the previously published exposure draft. Clause 11.6(i) has been reinserted and we have deleted the word ‘Classifications’ that erroneously appeared at the end of the clause, as follows:

(i) An irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis. Classifications

Clause renumbering

[81] Errors in the numbering of clauses commencing at the title of clause 12—Classifications have been corrected.

Clause 17.7(a)

[82] Clause 17.7(a), Transitional provisions—vehicle distribution and/or relocation, contained a transitional provision which is no longer relevant and has been deleted and the subsequent subclauses renumbered.

Footnote insertion in clauses C.3.1, C.3.3 and C.3.5

[83] A footnote has been inserted below the tables at clauses C.3.1, C.3.3 and C.3.5 to make reference to clause 23.2(b) which provides that payment for work on a public holiday is in addition to any amount payable in respect of the weekly rate.

[84] The amendment is made as follows (using clause C.3.1 as the below example):

C.3.1 Full-time and part-time transport employees—other than shiftworkers

	First 2 hours1	After 2 hours1	Public Holiday2, 5	Good Friday & Christmas Day3, 5
	% of ordinary hourly rate4
	150%	200%	250%	300%
	$	$	$	$
Transport Worker Grade 1	30.98	41.30	51.63	61.95
Transport Worker Grade 2	31.76	42.34	52.93	63.51
Transport Worker Grade 3	32.15	42.86	53.58	64.29
Transport Worker Grade 4	32.73	43.64	54.55	65.46
Transport Worker Grade 5	33.14	44.18	55.23	66.27
Transport Worker Grade 6	33.53	44.70	55.88	67.05
Transport Worker Grade 7	34.01	45.34	56.68	68.01
Transport Worker Grade 8	35.00	46.66	58.33	69.99
Transport Worker Grade 9	35.58	47.44	59.30	71.16
Transport Worker Grade 10	36.47	48.62	60.78	72.93

¹ Outside ordinary hours.

² Outside the range of ordinary working time.

³ Outside or in excess of ordinary hours.

⁴ Rates in table are calculated based on the minimum hourly rate, see clauses C.1.1 and C.1.2.

⁵ Payment for work on a public holiday is in addition to any amount payable in respect of the weekly wage (see clause 23.2(b)).

3.20 Vehicle Repair, Services and Retail Award

Facilitative provisions

[85] In a conference held before Commissioner Bissett on 29 January 2020, it was agreed that an amendment would be made to the table of facilitative provisions at clause 7.2.

[86] The reference made to clause 11.6(j) which relates to the ‘Variation of casual conversion six month eligibility period’, has been removed from the table at clause 7.2.

[87] The list of facilitation provisions in the table at clause 7.2 provides that they can be utilised by agreement between an employer and an individual employee. Although the facilitation provision at clause 11.6(j) may be agreed between an employer and an individual employee, it may also be utilised by agreement between an employer and the majority of employees.

[88] As such, we have removed the reference to clause 11.6(j) from the table at clause 7.2 and have kept it in the table at clause 7.4.

Driver classification

[89] Similarly, it was agreed in the conference before Commissioner Bissett, that an amendment would be made to the driver classification in clause 16.6(b) to incorporate registration as part of the classification.

[90] The amendment has been made as follows:

‘Driver—courtesy vehicle in relation to sales or sales promotion or in the course of registration or collection from or delivery to customer—vehicles up to and including maker’s capacity of 3 tonnes.’

3.21 Waste Management Award

Clauses 19.3(b) and 21.2

[91] The words “relevant minimum wage” in clause 19.3(b) have been replaced with the “ordinary hourly rate”. The words “calculated hourly” in clause 19.3(b) have been deleted. The amendments are as follows:

‘(b) If, on the instruction of the employer, such an employee resumes or continues work without having had 10 consecutive hours off duty, the employee must be paid at 200% of the relevant minimum wage ordinary hourly rate for such period, calculated hourly until released from duty, and is then entitled to be absent until 10 consecutive hours off duty have expired, without loss of pay for ordinary working time occurring during such absence.’

[92] The words “relevant minimum wage calculated hourly” in clause 21.2 has been replaced with the “ordinary hourly rate”. The amendments are as follows:

‘21.2 When an employee, after having worked overtime, finishes work at a time when reasonable means of transport are not available, the employer must provide transport home or pay the employee at the relevant minimum wage calculated hourly ordinary hourly rate for the time reasonably taken to return home.’

Clause A.2.1

[93] A new footnote number 2 has been inserted after the column heading ‘Good Friday & Christmas Day¹’ in the table in clause A.2.1. The footnote previously numbered footnote 2 has been renumbered as footnote number 3. New footnote 2 has been added to ensure that the Summary of Monetary Allowances schedule includes reference to the entitlements under clauses 27.5(d) and 27.5(d). The amendment is as follows:

‘	Ordinary hours	Public holiday1	Good Friday & Christmas Day1, 2
	% of ordinary hourly rate23
	100%	150%	200%
	$	$	$
Level 1	23.14	34.71	46.28
Level 2	23.66	35.49	47.32
Level 3	23.92	35.88	47.84
Level 4	24.31	36.47	48.62
Level 5	24.58	36.87	49.16
Level 6	25.16	37.74	50.32
Level 7	26.80	40.20	53.60
Level 8	28.02	42.03	56.04
Level 9	28.27	42.41	56.54

¹ Payment for work on a public holiday is in addition to any amount payable in respect of the weekly wage (see clause27.5(b)).

² Where Christmas Day falls on a Saturday or Sunday and another day is observed as a public holiday, a full-time employee who is regularly rostered to work ordinary hours on a Saturday or Sunday will be paid in accordance with clause 27.5(d). See also clause 27.5(e).

²³ Ordinary hourly rate includes the industry allowance payable to all employees for all purposes.’

3. Next steps

[94] Final variation determinations will be issued on 14 February 2020 for 31 of the modern awards in Tranche 2. Interested parties will have until 4 pm Friday 28 February 2020 to file an objection to any of the amendments outlined in this decision. All objections must be sent electronically to [email protected] and [email protected].

[95] In relation to the remaining 8 tranche 2 modern awards, a separate statement about the Pastoral Award will be issued in due course and revised draft variation determinations for the remaining 7 modern awards will be published on 19 February 2020. 91. These 7 awards are:

•  Clerks—Private Sector Award 2010

•  Contract Call Centres Award 2010

•  Hospitality Industry (General) Award 2010

•  Local Government Industry Award 2010

•  Manufacturing and Associated Industries and Occupations Award 2010

•  Rail Industry Award 2010

•  Restaurant Industry Award 2010.

[96] Interested parties will have until 4pm on Wednesday 4 March 2020 to comment on the revised draft in respect of each of the above 7 awards.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR716549>

 1   Aircraft Cabin Crew Award 2010 and Live Performance Award 2010 moved to Tranche 3 (pursuant to paragraph [2] of decision [2019] FWCFB 6861). A separate statement will be issued in relation to the Educational Services (Schools) General Staff Award. A conference will be listed in relation to the Pharmaceutical Industry Award.

 2   [2019] FWCFB 6861

 3   The Transport Awards were heard on 17 December 2019, all other awards in Tranche 2 were heard on 18 December 2019.

 4   Transcript 17 December 2019 and 18 December 2019

 5   [2019] FWCFB 8569

 6   Ibid at [7]

 7   Ibid at [395] – [396]

 8   Ibid at [398] – [402]

 9   [2019] FWCFB 8491

 10   Schedule of determinations

 11   [2020] FWCFB 384

 12   [2019] FWCFB 8380

 13   PR716109; PR716106

 14   In clause 4.1 a cross reference to ‘clause 16–classifications’ has been inserted; in clause 16.2 the reference to ‘ordinary rate’ has been amended to ‘minimum rate’ to reflect the terminology used at clause 16.1. In clause 20.4(a), the word ‘have’ has been inserted into the subclause after the words ‘…that they do not’ and before the words ‘at least 10 consecutive hours off duty…’; Footnote 2 at clause B.1.1, B.1.3, B.2.1, B.2.3, B.3.1, B.3.2, B.3.3, B.4.1, B.4.2 and B.4.3 has been amended to insert the words ‘will be’ after the words ‘…the hours of 7.00pm and 7.00am the employee’; a typographical error has been corrected in clause H.2(d), in which ‘ss’ appears between the words ‘full time’. Each percentage symbol that appeared in the table at clause D.4.1 to the left of each figure has been deleted, save for the percentage symbols appearing in the column headings after ‘Assessed capacity (clause D.5)’ and ‘Relevant minimum wage’; in the table at clause B.2.1, the figure for a Grade 4, Level 4 employee with respect to public holiday work (with payment of 150% plus one day off) has been amended to ‘42.99’ from ‘2.99’.

 15   The reference to ‘clause 18’ in the definition of ‘ordinary hourly rate’ in clause 2 has been replaced with ‘clause 18—Minimum rates’; clause 18.5(c)(i) has been amended by replacing the reference to the ‘twelve months’ with ‘12 months’; Reference in clause 22.5 to ‘clause 22.5’ has been changed to refer to ‘clause 22’; The word ‘clause’ has been inserted between the words ‘defined in’ and ‘2—Definitions’ in ‘Notes’ in clauses A.3.7 and A.3.9; in the heading at clause C.2, the ‘:’ symbol has been deleted; due to clause renumbering in the Allowances clause, references within the second column of the tables at C.1.1 and C.1.2 have changed, e.g. clause 20.3 has been changed to refer to clause 20.2; The word ‘this’ has been removed from the ‘Note’ appearing below clauses F.4.1(a), F.4.1(b), F.4.1(c), F.4.2(a), F.4.2(b), F.4.2(c) and F.4.2(d)(ii).

 16   In clause 4.5, the word ‘defined’ replaced with ‘set out in’; in clause 4.5 reference to ‘Schedule A–Classifications, Minimum Salaries and Additions to Salaries—Airlines/General aviation’ has been replaced with ‘clause 11—Classifications’; in clause 7.4, the words ‘the employer and’ have been deleted from the third column in the row for clause 19.1(c); in clause 7.4, reference to clauses 23.8(a) changed to 23.9(a), 23.10 changed to 23.11 and 24.4 changed to 23.12 as a consequential change arising out of the restructuring of the award; in the example at clause 10.5(b), cross-references have been changed from clause ‘9.2 and 9.3’ to ’10.2 and 10.3’; the hourly rate at step 3 of the example at clause 10.5(b) amended from $75.51 to $77.78; the cell in table appearing in clause 12.2(c) amended to read ‘year’s’; in clause 20.3(a)(vi) ‘clause’ appearing after ‘20.3(a)’ deleted and inserted before the cross-reference; in clauses 22.3(c), 22.4 and 22.5 the reference to clause ‘22.3(b)’ has been changed to ‘(b)’; in clause 23.8, reference to clause ‘23.7’ has been changed to refer to clause ‘23.8’; reference in clause 23.9 to clause 23.8(b) has been changed to refer to clause ‘23.9(b)’; reference in clause 23.11 to clause ‘23.10’ changed to refer to clause ‘23.11’; heading in clause 24 amended so that the words ‘annual leave accruals’ are not capitalised; in clause 24.2(c)(ii)(A), reference to ‘this subclause’ changed to refer to ‘clause 24.2(c); in clause 25.2, reference to clause ‘25’ changed to clause ‘25.2’; in clause 33.5(b) in Note 2, the reference to ‘this clause’ changed to refer to ‘clause 33.5’; reference in clause 33.7 to ‘this clause’ changed to refer to ‘clause 33’; in clause 34.2(c), reference to clause ‘34.1(b)’ has been changed to refer to clause ‘34.2(b)’; in clauses A.1.1 and A.1.2 the ‘$’ in second row of table deleted and reinserted in sub-column headings; in clause A.1.2, the words ‘full-time employee’ has been inserted after ‘minimum salary per annum’ in column heading; in the introductory text/preamble in schedules B, C and D the word ‘schedule’ has been amended so that it is not capitalised; in clause B.1.1, the ‘$’ in the first row of table deleted and reinserted in sub-column headings; in clause C.2.3 the reference to clause ‘C.2’ has been changed to refer to clause ‘C.2.2’; in clause C.7.2, the second ‘minimum’ appearing in the first sentence has been deleted and ‘weekly’ has been inserted; in clause D.5.1, the words ‘full-time employee’ has been inserted after ‘minimum salary per annum’ in column heading; in clause D.5.5(a)(iii) the reference to the word ‘two’ has been replaced with the number ‘2’; in clause F.1, references within the table to clause 20.2(a)(ii) in relation to ‘Licensed Aircraft Maintenance Engineer qualification’ allowance has been changed to refer to clause 20.2(a)(iii); in clause F.1, the apostrophe in Airline Transport Pilots’ Licence (excluding Fokker-28 pilots) has been deleted; in clause F.1, a parenthesis has been added to ‘Piston engine aircraft–– commuter operations–– additional entitlement (see A1.3(a))’.

 17   In clause 11.4(g)(i), the word ‘clause’ has been inserted before ’11.4(b)’; in clause 11.4(k)(ii), cross references to clause 10.1 and 10.2 have been added; in clause 12.1 the word ‘training’ has been added after the words ‘the employer must provide’; in clause 17.2(c) the cross references to ‘17.2(c)–17.2(e) and 17.3(c)–17.3(d)’ have been amended to ‘clauses 17.2(d)-17.2(f) and 17.3’; in clause 19.4 the clause titles have been removed from the cross references; at clause 19.8 the words ‘For employees undertaking a traineeship’ have been inserted at the start of the clause; in clause 21.3(d)(iii) the reference to ‘clauses 21.3(d)(iv) and (v)’ has been amended to refer ‘clauses in clause 23.1(b)(iv) and 23.1(b)(v)’; the words ‘an employee’ have been replaced by ‘a day worker’ for consistency with clause 23.1(a); in clause 23.2(b) the words ‘an employee on shiftwork’ have been replaced by ‘a shiftworker’ for consistency with clause 23.2(a); in clause 21.3(f)(i) the reference to ‘this clause’ has been amended to ‘clause 21.3(f); in clause 23.7(h) and 23.7(i) the references to ‘clause 23.7(a) and (b)’ have been amended to ‘clauses 23.7(a) and 23.7(b)’; in clause 23.9 the cross reference to clause 23.9 has been amended to clause 23; the Note below clause 25.5 has been moved below 25.7; in clause 26.3 the word ‘third’ has been amended to ‘3rd’; in clause 27.2 the word ‘twelve’ has been amended to ‘12’;At A.3.9 and A.3.11 formatting changes have been made to remove the (a) from the start of the relevant lists; in B.1.2, B.1.3, B.1.5, B.1.6, B.1.11 and B.1.12 the Note has been amended to reflect the wording of clause 23.4; in F.4.1(b), F.4.1(c), F.4.2(a), F.4.2(b), F.4.2(c), F.4.2(d)(ii) the word ‘this’ has been deleted.

 18   The words ‘this clause’ wherever they appear in clause 11.3(b) have been replaced with ‘clause 11.3’; the reference to ‘this subclause’ in clauses 11.3(f) and 13.5 has been amended to ‘clause 11.3’ and ‘clause 11.5’ respectively; the first appearance of the word ‘of’ in clause 15.2 has been deleted; the reference to ‘Schedule F’ in clause 13.10 has been amended to ‘Schedule E’; the reference in clause 18.7 to ‘Schedule F’ has been amended to ‘Schedule E’; The reference to ‘Schedule G’ in clause 18.9 been amended to ‘Schedule F’; The reference to ‘Schedule H’ in clause 23.2 has been amended to ‘Schedule G’; The reference to ‘Schedule I’ in clause 25.3 has been amended to ‘Schedule H’.

 19   In the table at clause 13.1, the words ‘full-time employees’ have been inserted after ‘Minimum annual rate’ in the column heading. In the same table at clause 13.1, the words ‘full-time, part-time and casual employees’ have been inserted after ‘Minimum hourly rate’ in the column heading. The reference in clause 15.3(c) to paragraph (b) has been changed to refer to clause 15.3(b). Similarly, the reference in clause 18.2(b) to clause 17.3(a) has been changed to refer to clause 18.2(a); In clause C.2.1 the references to clauses 15.1 and 15.2(a)(ii) have been amended to refer to clauses 15.2 and 15.3(a)(ii).

 20   In clause 13.1 the cross reference to ‘clause 8’ has been amended to ‘clauses 10–Part time employees and 11–Casual employees’. In clause 13.3, the reference made to ‘this subclause’ has been changed to refer to clause 13.3. At clause 19.2 the words ‘Note 1’ and ‘Note 2’ have been inserted at the start of the paragraphs below the table. References in clauses 19.5(b) and 19.5(d) to ‘this subclause’ have been changed to refer to clause 19.5. In clause 30.1(b), one of the Notes that follow ‘Table 1—Period of notice’ has been duplicated and so the second Note has been deleted.

 21   The reference to the clause title ‘Part-time employment’ in clauses 11.4(k)(ii) and in Note 3 in clause 15.1 has been changed to ‘Part-time employees’ as a result of the restructure clause title change; The reference to the clause title ‘Casual employment’ in Notes 4 in clause 15.1 has been changed to ‘Casual employees’ as a result of the restructure clause title change; The definition of ‘standard rate’ in clause C.1.1 has been amended so that the ‘minimum weekly wage’ has been replaced with ‘minimum weekly rate’ to ensure consistency of terminology used in the Minimum Rates clause.

 22   In clause 2 in the definition of ‘standard rate’ the words ‘weekly wage’ have been amended to ‘weekly rate’ to reflect the changes in clause 16.1; in clauses 2 and 31.1, table 6 and 7 have been amended so that they appear in numerical order’; at clause 4.4(v) the word ‘or’ has been deleted and replaced with a full stop; in clause 11.5(k)(ii) the reference to ‘clause 10.3’ has been amended to ‘clause 10.2’; in clauses 12.1, 28.1 and C.1.1 the words ‘minimum wages’ have been amended to ‘minimum rates’; in clause 19.6(b) the words ‘per week’ were omitted in error at the end of the clause, these have been reinserted; in clause 28.2 the word ‘and’ has been replaced with ‘if’ after the words ‘clause 28.1’l; in clause 37.2 the list of clauses has been amended to appear in numerical order; in Schedule B the cross reference to ‘Part 5–Overtime’ has been amended to ‘Part 5–Overtime and Penalty Rates’ to reflect the correct clause title

 23   In clause 19.4(g), a space has been inserted between the words ‘in’ and ‘clause’; In clause 29.1, it appears that subclause 29.1(b) had been inadvertently misplaced, and as such, it has been amended to ensure the subclause captures the full paragraph, beginning with, ‘An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified…’. At A.3.1 and A.3.2 the table headings have been amended from ‘Junior employees’ to ‘Full-time and part-time employees’.

 24   The words ‘This subclause’ in clause 4.3 have been changed to ‘Clause 4.3’ and where they appear in clause 4.4 have been changed to ‘Clause 4.4’; Reference in clause 4.4 to clause ‘4.1’ has been changed to refer to clause ‘4.2’; the word ‘is’ has been removed from the end of the preamble at clause 10.1 and has been inserted at the beginning of clause 10.1(a); The words ‘six’, ‘four’ and ‘two’ have been replaced with the numeral equivalent wherever they appear in clause 11.3; The words ‘fourth’ and ‘sixth’ have been replaced with ‘4th’ and ‘6th’ wherever they appear in clause 15.1; clause 15.3(b) amended by inserting the word ‘be’ between ‘one 15 minute break per day may’ and ‘taken’; Clause 20.7(f)(iv) amended to change ‘…20.7(c)(iiii)must’ to ’20.7(c)(iii) must’; Typographical error in heading of clause 21.10 changed from ‘ratesand’ to ‘rates and’; The sixth row in the first column in the table in clause B.4.1 has been corrected to read ‘Level 2’; The word ‘and’ has been added to A.4.4.(c) after ‘Over 3 cubic yards capacity’ and the words ‘including 6 yards capacity’ has been shifted to sit on the same line; the blank column in the table below C.1.1 has been deleted.

 25   In clause 13.12, the word ‘twelve’ has been replaced with the number ‘12’; In clause 20.7(e), the cross reference to 20.5(a) has been deleted and replaced with a reference to 20.6. In clauses 33.3(b), 33.3(c) and 33.3(d), the references made to clauses 33.1(a), 33.1(b) and 33.1(b) respectively, have been deleted and replaced with clauses 33.3(a), 33.3(b) and 33.3(b) respectively.

 26   The words ‘this subclause’ in clause 4.4 have been replaced with ‘clause 4.4’; The words ‘this subclause’ in clause 4.5 have been replaced with ‘clause 4.4’; The words ‘this subclause’ in clause 11.8(e) have been replaced with ‘clause 11.8’; The words ‘this subclause’ in clause 18.5(c) have been replaced with ‘clause 18.5(c)’; The words “this subclause” in clause 18.5(h) have been replaced with ‘clause 18.5’; The Notes appearing at the end of clause 20.3 and clause D.2.2 have been deleted to avoid duplication of information; The blue box appearing at the end of clause 20.3 has been deleted; Replaced the cross reference in clause 22.5 from ‘(b)’ to ’22.3(b)’; Reference to ‘Schedule G – Annual leave in advance’ in clause 26.4 has been changed to ‘Schedule G – Agreement to Take Annual Leave in Advance’; The heading to clause 31.2 has been amended so that the word ‘public’ is written lower case letters; A comma has been removed after word ‘significant effects’ in clause 32.5; The cell in the table in C.3.5 has been amended to remove extra ‘s’ from ‘37.70s’

 27   At clause 11.7 formatting changes have been made so that the two sentences at the start of the clause are numbered (a) and (b). The word ‘rate’ in clause 14.1 has been corrected to ‘rates’; The footnotes to the tables at clauses 15.1(a) and (c) have been reordered; In footnote 1 to the table at clause 15.1(a) the words ‘weekly rate’ have been amended to ‘annual salary’; The words ‘full-time employee’ has been inserted after the column heading ‘Minimum annual rate’ in clauses 15.1(c) and 15.1(d) and after the column heading ‘Minimum annual salary’ at clause 15.1(a); The word ‘As’ has been inserted at the beginning of footnote 3 at clause 15.1(c); space inserted between ‘22.9(a)’ and ‘must’ in clause 22.9(c); the reference to ‘clause 19.3’ in footnote 1 in D.1.2 of the exposure draft has been amended to ‘clause 19.1’; The heading to clause 19.2(c) has been amended so that the word ‘public’ is written lower case letters; the reference to ‘clause 19.3’ in footnote 1 in D.1.2 of the exposure draft has been amended to ‘clause 19.2’; Clauses A.6(b) and A.7.1(c) of the exposure draft has been amended by replacing the reference to the ‘sixth step’ with ‘6th step’.

 28   At clause 7.2(g) the cross reference to clause 25.2 has been amended to include the full clause title ‘Substitution of public holidays by agreement’; The words ‘this clause’ in the heading of clause 13.2 have been replaced with ‘clause 13’; The word ‘twelve’ has been replaced with the numeral ‘8’ in clause 15.3(c); The phrase ‘2 and a half’ has been replaced with ‘2 1/2’ in clause 19.3; The text previously appearing at the end of clause 20 has been moved below clause 20.2; Replaced the word ‘All’ with ‘For all’.

 29   In clause 11.2(b)(iii), the first two bullet points that directly follow the subclause, have been changed to clauses (A) and (B). A typographical error in clause 11.2(v) has been corrected to remove a ‘0’ before the word ‘relevant’; In clauses 13.4(a)(i) and 13.4(a)(ii), the reference made to paragraph (ii) in both subclauses is amended to refer to the full clause reference as follows, ‘clause 11.2(b)(i) or 11.2(b)(ii)(ii)’. The reference made in clause 16.2(b) to paragraph (d) has been changed to refer to clause 16.2(d). In the table at clause 16.1, the words ‘full-time employee’ have been inserted after ‘Annual salary’ in the column heading, in accordance with the Plain Language Full Bench Decision [2019] FWCFB 5409 at [114]. In clause 20.6(b), the reference to clause 20.6 has been amended to refer to clause 20.6(a). In clause 20.7(c), the reference to clause 20.7(c) has been amended to clause 20.7(a).

 30   Acronym of ‘(SR)’ deleted the definition of the term ‘standard rate’ in clauses 2 and E.1; The words ‘—Minimum rates’ in clause 17.1 have been deleted; The cross-reference in clause 4.4 changed from ‘4’ to ‘4.4’; Typographical error corrected in clause 11.3(e) at bullet 2, changed from ‘clause 11.3(e)must’ to ‘clause 11.3(e) must’; the word ‘clause’ has been changed to ‘clauses’ in clauses 13.4(1)(i) and 13.4(1)(ii); The cross-reference in clause 11.3(e) changed from ‘11.3’ to ‘11.2’; a space has been inserted between ‘HEW’ and ‘7’ wherever it appears as ‘HEW7’in clause 17.4; The words ‘paragraphs of’ has been inserted in clause 34.1(c) between the words ‘circumstance in the preceding’ and ‘clause 11.3’ The words ‘paragraphs of’ has been inserted in clause 11.3(e) between the words ‘circumstance in the preceding’ an ‘clause 11.3’a space has been inserted between ‘HEW’ and ‘6’ where it appears as ‘HEW6’in the heading at clause A.2.6; the definition of ‘apprenticeship’ in clause E.1 has been amended to read ‘apprenticeship is a system of structured on-the-job training with an employer and off-the-job training with an approved training provider accessed through a s contract of training.’; the word ‘clause’ has been inserted between the words ‘percentages in’ and ‘E.2.1’ in clause E.2.2; the words ‘First’, ‘Second’, ‘Third’ and ‘Fourth’ have been replaced with ‘1st’, ‘2nd’, ‘3rd’ and ‘4th’ wherever they appear in the tables at clause E.2.3; the word ‘clause’ has been inserted between the words ‘percentages in’ and ‘E.2.3’ in clause E.2.4; Clause title ‘Minimum Wage Rates’ has been changed to lower case in clauses E.4.1, E.4.2, E.5.1, E.5.2 for consistency throughout award so it appears as ‘Minimum wage rates’; the words ‘First’, ‘Second’, ‘Third’ and ‘Fourth’ has been replaced with ‘1st’, ‘2nd’, ‘3rd’ and ‘4th’ in clauses E.2.3 and E.6.1(b); the word ‘fourth’ has been replaced with ‘4th’ in clause E.6.3(b); The word ‘nine’ has been replaced by the numeral ‘9’ in clause E.6.3(b)(i).

 31   In the definition of ‘appropriate level of training’ in clause 2, the cross reference to clause 39 has been amended to clause 40; in clause 15.4 the reference to ‘table 11–penalty rates’ has been amended to ‘table 14–penalty rates’; in clause 16.6 the example has been formatted so that it appears in a grey box; in clause 25.2(b) the cross reference to clause 15 has been amended to that the full clause title is referenced; in clause 26.13(b) the references to ‘table 9–supervisory allowance’ have been amended to ‘table 14–supervisory allowance’; in clause 28.4 the reference to ‘table 10–overtime rates’ has been amended to ‘table 13–overtime rates’; in clause 29.2 the reference to ‘table 11–penalty rates’ has been amended to ‘table 13–penalty rates’; in clause 29.2(b) the table heading has been changed from ‘table 11’ to ‘table 14’; at clause 29.2(b) the words ‘from 1 July 2019’ have been deleted from the table; in clause 41.1 the reference to ‘table 14 ‘has been amended to ‘table 17’; in schedule B, each of the footnotes referring to the ‘Sunday rate from 1 July 2019’ have been deleted; in schedule B each of the references to ‘table 11-penalty rates’ has been amended to ‘table 14–penalty rates’; in B.3.3, B.3.5, B.4.3, B.4.5, B.7.3, B.7.4 and B.7.5 the words ‘ordinary hourly rate’ have been amended to ‘junior hourly rate’; in C.1.1 the reference to ‘clause 18’ has been amended to ‘clause 18.1–adult rates’.

 32   In the table at clause 12.2, the words ‘full-time employee’ have been inserted after ‘Annual retainer’ in the column heading, in accordance with the Plain Language Full Bench Decision [2019] FWCFB 5409 at [114]. The reference in clause 16.7(a) to clause 16.5(a) has been amended to refer to clause 16.5(b).

 33   In clause 2, the word ‘wage’ in the definition of ‘standard rate’ has been amended to ‘rate’ to reflect the terminology in the rest of the award; in clause 12.6 a cross reference to clause 8.2 has been added; in the heading to clause 18.2(b) the words ‘exempt public sector superannuation scheme’ have been removed; in clause 19.7 the reference to ‘clause 18.1(a) has been amended to ‘clause 19.1(a); in clauses 23.7(a) and 23.8(a), the cross-references to clause 23.6(a) have been amended to 23.6(b); in clause C.1.1 the word ‘wage’ has been amended to ‘rate’ to reflect the terminology in the rest of the award.

 34   In clause 13.1(c) the cross reference to ‘clause 8–types of employment’ has been amended to ‘clause 10–Part-time employees and clause 11–Casual employees’; The cross refence to clause ‘17’ in the table at clause 7.2 has been changed to ‘17.1’; typographical error in clause 31.10(d) corrected so that the word ‘Includes’ has been changed to ‘includes’.

 35   The cross-reference in clause A.2 made to clause 16.1 has been amended to refer to clause 16.1(a). In clause the words ‘the employee will be paid’ have been deleted as they were duplicated; 17.3(a)(i) The duplicated clause reference, specifically ‘17.3(c)(iii)’, that appeared in the ‘clause’ column with respect to ‘Meal allowances—Overtime on Sunday—more than 8 hours’ work’ has been deleted in the table at clause B.1.1.

 36   The word ‘and’ has been removed from the end of the definition of part (a) of the definition of ‘confined space’ and has ‘; and’ replaces the full stop at the end of part (b) of the definition; in clause 4.8(a)(xi) under the first dot point the date “4 May 2020” in has been replaced with “3 May 2020” as the Vehicle Manufacturing, Repair, Services and Retail Award 2010 ceases to cover those employees on 4 May 2020; in clause 4.8(a)(xi) under the second dot point the words “established after 4 May 2020” has been replaced with the words “established on or after 4 May 2020; in clause 4.8(a)(xi) the cross reference to ‘3.8(a)(xi)’ has been changed to ‘4.8(a)(xi)’; in clause 4.8(a)(xi) the semi-colon has been changed to full-stop at end of second dot point; in clause 10.2 the words ‘and paid’ has been inserted between ‘engaged’ and ‘for’ (see PR700665); in clause 11.3 the word ‘consecutive’ has been inserted between ‘4’ and ‘hours’ (see PR700665); the word ‘six’ in clauses 11.5(a), (b) and (j) has been changed to the number ‘6’ in; the word ‘four’ in clauses 11.5(b), (c) and (d) has been changed to the number’; the word ‘two’ in clause 11.5(j) has been changed to the number ‘6’; in clause 20.5(d)(ii) the word ‘employer’ has been amended to ‘employee’; in clause 25.1 the reference to ‘clause 25.3’ has been amended to ‘clause 25.4’; in clause 29.3(c)(i) the word ‘clause’ has been inserted before ’55.4’; in clause 52.1(a) the words ‘and employed’ have been deleted after ‘hand tools’; in clause 54.1(b)(ii) the words ;non-continuous’ in the table heading have been amended to ‘other than continuous’; in clause 55 the words ‘and a half’ have been amended to ‘.5’ wherever they appear; in C.1.1 the percentage ‘250%’ was missing from the table at ‘overtime on a public holiday (clause 31.7(a)); in C.1.1 the words ‘other than continuous work shift’ have been added to each of the entries relating to clause 54.1(b)(ii) for consistency; in C.1.1 the reference to ‘clause 54.1(b)(iv) has been amended to ’54.1(d)’; at D.1.3 the allowance for ‘boiler-house employees’ has been corrected to reflect the rate in the current award.

 37   In clause 7.2, the word ‘clause’ has been changed to the plural ‘clauses’. In the table at clause 13.1, the words ‘full-time employee’ have been inserted after ‘Minimum salary’ in the column heading. In clause 18.1(b)(ii), the word ‘leave’ has been changed to the plural ‘leaves’. Clause 25.6 has been amended to replace the word ‘at’ with the word ‘in’. In clause A.1.1, the word ‘clause’ has been inserted before ‘2—Definitions’ and after the words ‘as defined in’. [1] The ‘Living away from home’ allowance and the ‘Personal accident insurance’ allowance both appearing in the table at clause A.2.1, have been moved from the end of the table to the beginning of the table so that the clauses appear in numerical order.

 38   The definition of ‘standard rate’ in clause 2 has been amended so to remove the following text, “—Adult rates” as well as inserting the word ‘to’ between the words ‘referred’ and ‘in’; the word ‘clause’ has been amended to ‘clauses’ wherever the word appears in clauses 4.2(d)(i) and 4.2(d)(ii); the reference in clause 7.2(a) to clause ‘17’ has been changed to refer to ‘17.1’; the word ‘seven’ in clause 8.4 has been replaced by the number ‘7’; clause 12.13(p) has been amended so that the date ‘1 January 2018’ has been changed to ‘1 January 2019’; the word ‘rates’ has been inserted in clause 15.1(b) between the words ‘overtime’ and ‘for’; the word ‘clause’ has been inserted before the reference to ‘15.2(a)’ in clauses 15.2(b), 15.2(c) and 15.2(f); the word ‘clause’ has been changed to ‘clauses’ in clause 15.2(d); the word ‘twelve’ in clause 16.4(c) has been replaced by the number ‘12’; The word ‘three’ appearing in clauses 16.5(i), 16.6(d), 20.2(c), 22.1(1) and 25.8 has been replaced with the number ‘3’; the words “clause 16.3 clause and 16.4” in 16.5(m) has been changed to “clauses”; the word ‘clause’ has been inserted before the reference to ‘16.9’ in clause 16.5(q); the word ‘clause’ has been inserted before the reference to ‘16.6(a)’ wherever it appears in clauses 16.6(b) and 16.6(c); the word ‘clause’ has been inserted before the reference to ‘16.6(d)’ in clause 16.6(e); the word ‘clauses’ has been inserted before the reference to ‘16.3’ in clause 16.7(a); a row containing the words “An apprentice enters Stage 3:” has been replaced with “An apprentice enters Stage 4:” in the table at clause 16.9; the word ‘clause’ has been inserted before ‘14.7’ in clause 22.1(a); “—Rostering” has been deleted from clause 22.1(a); the words “clause 23.1(b)(i) and 23.1(b)(ii)” in clause 23.1(b) has been amended to “clauses 23.1(b)(i) and 23.1(b)(ii)”; the cross references to clause 10 and 12 have been amended to include the clause titles so the sentence reads: “The ordinary hours of work for a part-time employee with be in accordance clause 10—Part-time employees and for a casual employee will be in accordance with clause 12—Casual employees”; The words ‘two’ and ‘three’ appearing in clause 23.1(f) have been replaced with the numbers ‘2’ and ‘3’ at [6]; a typographical error has been corrected by deleting the word ‘be’ from the Note at clause 25.3; the clause heading of clause A.3.8 has been changed from “Meat industry level 2” to “Meat Industry level 8”; The word ‘four’ in the column heading at clauses B.2.1, B.2.3, B.6.1 and B.6.2 has been replaced with the number ‘4; The word ‘three’ in the column headings at clauses B.5.2; the word ‘the’ appearing before ‘clause 20—Allowances’ in the preamble at clause C.1 has been deleted.

 39   In the table at clause 15.1, ‘$’ has been inserted under the column heading ‘Minimum hourly rate’. In clause C.1, the heading title has been amended to correct a typographical error.

 40   In the table at clause 7.2 the reference to ‘minimum wages’ has been amended to ‘minimum rates’ and the cross-reference to clause 11.5(b) has been amended to 11.6;; in clauses 11.5 to 11.8 and clause 13 some minor formatting changes have been made to clause levels; in clause 18.1 the reference to clause 16.3 has been amended to clause 18; in clause 20.7(a) the reference to clause 19.6(a) has been amended to clause 20.6(b); in clause 20.8(a) the reference to clause 19.6(a) has been amended to clause 20.6(b); in clause 40.1 the word ‘operates’ has been amended to ‘operate’; in clause 41.3(b)(ii) the word ‘employee’ has been amended to ‘employees’; in clause 43.7(b) the word ‘with’ will be amended to ‘will’; at clause 46.1 a heading for ‘Poultry farm worker level 1 (PW1) has been reinserted; in clause 49.2(j) the word ‘the’ has been amended to ‘then’; clause 54.3(i) has been amended to 54.3(a); clause 55.3(i) has been amended to 55.3(a); in C.1.1

 41   In the definition of ‘NES’ at clause 2, ‘ss.59 to 131’ has been changed to ‘sections 59 to 131’. In the definition of ‘permanent night shift’, the roman numeral levels have been changed to level 3 alphabetical subclauses to keep style levels consistent throughout the award. In clause 2 the definition of ‘poultry processing industry’ has been amended to provide a cross reference to clause 4.2; In clause 10.1(a), the word ‘of’ has been inserted after ‘average’ and before ‘less than’. In clause 13.1(b), the word ‘fulltime’ has been changed to ‘full-time’. In clause 15.2, ‘clause’ has been inserted before ‘15.1’. In clause 17.2(b)(ii), ‘leading hands allowance’ has been amended to read as ‘leading hand allowance’. In clause 17.3(a), an ‘a’ has been inserted before the words ‘half hours’ overtime’. In clause 17.4, ‘clauses 17.2(c) – 17.2(d) and 17.3’ has been changed to ‘clauses 17.2(c) to 17.2(d) and 17.3’. The clause references referred to in clause 26.2 have been reordered in clause order, such that, ‘clause 20.2 or 19.2’ has been amended to read as ‘clauses 19.2 or 20.2’. In the table at clause B.3.1, the column heading ‘Sundays’ has been changed to ‘Sunday’.

 42   In clause 2, the definition of ‘standard rate’ the word ‘Diver’ has been amended to ‘diver’. In clause 29.3(c)(i), the word ‘clause’ has been inserted after ‘For the purpose of’ and before ‘29.3(c)’. Similarly, in clause 29.36(c)(vii), the word ‘clause’ has been inserted after ‘The provisions of’ and before ‘29.3(c)(v) and 29.3(c)(vi)’. In clause 32.1, the words ‘full-time employee’ have been inserted after ‘Minimum weekly rate’ in the column heading. In clause 34.3(a)(i), the figure has been amended to remove the ‘.00’. Similarly, in clause 34.3(f)(i), the figure has been amended to remove ‘.00’. In the table at clause C.3.1, an amendment has been made to the row relating to ‘Driving allowance—ADS Operations—Minimum payment—250 x Diving allowance per foot’ and ‘clause 34.2(b)(ii)’. The description of when this allowance is payable, namely ‘per 12 hour period’ has been deleted from the incorrect column, ‘$’, and has been inserted into the correct column, being ‘Payable’. In clause C.4.1, the figure appearing in the table for the ‘Loss personal effects reimbursement’, in the ‘$’ column, has been amended to remove the decimal point.

 43   The cross-reference 11.4(k)(ii) to ‘clause 10.3(c)’ have been changed to ‘clause 10.3’; the words ‘full-time employee’ have been inserted after ‘Minimum annual rate’ in column heading in clause 15.1; The word ‘(Recreational)’ has been inserted to correct the modern award title to ‘Professional Diving Industry (Recreational) Award 2020’in clause 15.4; The heading above the table in B.2.2 titled ‘B.2.2– Expense-related allowances’ has been deleted and the subsequent clause has been renumbered accordingly.

 44   In clause 11.4(a), the term ‘worked’ has been inserted after the words ‘for any overtime hours’ and before ‘on a Monday to Friday.’ In the table at clause 15.1, the words ‘full-time employee’ have been inserted after ‘Annual salary equivalent’ in the column heading. In clause 17.1, ‘; and’ has been inserted after the fourth item in the list of provisions. In clause 18.3(c), the word ‘clause’ has been inserted after ‘Subject to’ and before the reference to ‘18.3(a)’. In clause 20.1(b), the word ‘clauses’ has been inserted after ‘…in accordance with’ and before the reference to ‘10.3 and 10.5’. Clause 20.2(b) has been amended to correctly refer to a ‘shiftwork’ allowance, rather than a ‘shift’ allowance, as such, the word ‘shift’ has been replaced with ‘shiftwork’. In clause 20.3, an ‘a’ has been inserted after ‘Where’ and before ‘full-time or part-time employee…’.

 45   In clause 7.2(a), the word ‘and’ has been deleted from the end of clause 7.2(a)(vi) and has been inserted at the end of clause 7.2(a)(vii). Similarly, at clause 7.3(a)(iii), ‘and’ has been inserted at the end of the clause. In clauses 10.6 and 10.8, ‘clause’ has been changed to ‘clauses’ as it refers to a range of clauses, and, ‘10.2(a) - 10.2(c)’ has been changed to ‘10.2(a) to 10.2(c)’. In clause 13.2, ‘clause’ has been changed to ‘clauses’. In the Note below the table at clause 17.1(b), the reference made to clause 17.5 has been changed to the correct reference as clause 17.7.

 46   In clauses 10.5, 10.6 and 10.7, the word ‘clause’ has been replaced with, ‘clauses’ where references are made to multiple clauses. The change has not been made where references are made to singular clauses. The word ‘clause’ has been inserted in clause 13.2(a), after the words, ‘as defined in’ and before the words ‘2—Definitions’. In clause 13.2(b), the clause reference made to clause 8.2(a) has been replaced with the correct clause reference to clause 13.2(a). In clause 16.3(d), the clause reference to paragraph (b) has been replaced with the full clause reference to clause 16.3(b). In the table at clause B.1.1, ‘3.5m’ appearing in the allowance ‘Motor vehicle—width (and/or load) in excess of 3.5m’ has been amended to ‘3.5 metres’ for consistency of the terminology used in clause 18.2(c)(iii).

 47   In clause 2, the definition of ‘standard rate’ has been amended so that the term ‘minimum weekly wage’ has been replaced with ‘minimum weekly; in Clause 13.1(b) the cross reference to ‘clause 8’ has been amended to ‘clause 10 and clause 11’; Clause 18.2(j)(iii)- 18.2(j)(iii)-(vi) has been reformatted as bullet points that fall under clause 18.2(j)(ii); The word ‘is’ has been deleted from the first sentence in clause 21.10;References in the ‘Clause’ column in the table in clauses B.1.1 and B.2.1 has been amended as a result of amendments made to clause 18; the word ‘allowances’ has been deleted from the clause heading in clause B.1.2.

 48   In clause 7.2(vii), the reference to clause ‘21’ has been amended to clause ‘21.3(a)’; in clause 7.2(viii), the reference to clause ’24.6’ has been amended to clause ’24.6(a)’; in clause 7.2(ix), the reference to clause ‘24.7’ has been clause ‘24.7(c)’; the word ‘the’ has been inserted in clause 18.8 between the word “will include” and “casual loading”; Cross reference in clause 20.3(f) to clause ‘20.3(c)’ has been replaced with ‘20.3(d)’.

 49   The rows in the table in clause 7.2 have been amended so the items appear in ascending clause order; the words “this subclause” in clause 11.6(g) has been changed to refer to ‘11.6(g)’; the word ‘to’ has been inserted in clause 14.1(c) after the words “Subject to the other provisions of this award the ordinary hours of work are”; the word ‘hours’ has been inserted in clause 15.1(d) after the words “If an employee is unable to take a meal break, the time worked after 5.5”; the word ‘the’ has been inserted in clause 21.14(b) before the phrase “ordinary hourly rate.”; a formatting error affecting the clause numbers at clause 27.4 has been corrected; A row of cells containing a "$" sign has been inserted into the tables at clauses A.2.2 and A.3.2; The column heading titled ‘Ordinary hours’ has been reinserted into the table at clause A.2.2; The footnote which appears after the words “Mobile cash unit allowance” in the table in clause B.1.1 should be changed from ‘2’ to ‘1’ as it relates to the industry allowance as an all purpose allowance.

 50   In the definition of ‘driver handling money’ in clause 2, ‘clause’ has been changed to ‘clauses’. In the table at clause 7.2, the provision relating to clause 11.6(g) has been changed from ‘Full-time or part-time conversion’ to ‘Casual conversion to full-time or part-time employment’. In clause 10.7, ‘full time’ has been changed to ‘full-time’. In clause 11.6(a), the reference to ‘six months’ has been changed to ‘6 months’. In clause 11.6(b), the reference to ‘four weeks’ and ‘six months’ has been changed to ‘4 weeks’ and ‘6 months’ respectively. In clauses 11.6(c) and 11.6(d), where ‘four weeks’ appears, it has been changed to ‘4 weeks’. In clause 11.6(j), where ‘six months’ appears, it has been changed to ‘6 months’ and where ‘two months’ appears, it has been changed to ‘2 months’. In clause 13.5, ‘Award’ has been changed to ‘award’. In clause 15.1, ‘clause’ has been changed to ‘clauses’. In clause 18.2, the heading has been changed from ‘Leading hand’s allowance’ to ‘Leading hand allowance’, and within the subclause, ‘leading hand’s allowance’ has been changed to ‘leading hand allowance’. In clause 19.2, ‘This sub-clause’ has been changed to refer to ‘Clause 19.2’. Similarly, in clause 19.3(a), ‘This sub-clause’ has been changed to refer to ‘Clause 19.3’. In clause 19.8(b), again we have changed ‘this sub-clause’ to refer to ‘clause 19.8’. In clause 22.5(b), we have deleted ‘[date of variation]’ and we have inserted the operative date of ‘4 May 2020’. In clause 27.3, we have amended the Award title to read ‘Vehicle Repair, Services and Retail Award 2020’ to accord with the new award title. In clause 27.4(c), ‘this sub-clause’ has been changed to refer to ‘clause 27.4’. In clause 28.3(a)(i), the reference made to ‘2 fifths’ has been changed to ‘two fifths’ to maintain a consistent approach throughout the award. In clause 28.4(e), the reference made to ‘2 thirds’ has been changed to ‘two thirds’ to maintain consistency throughout the award. In the preamble at Schedule C, the clauses referred to have been reordered in clause order, as follows, ‘clauses 16.4, 18, 19 and 28.7’

 51   Formatting error corrected in clause 4.1, the words “to the exclusion of any other modern award.” has been inserted after the words “classifications listed in clause 12—Classifications” in clause 4.1. Clause 4.2 has been deleted and the subsequent clauses have been renumbered accordingly; the word ‘employee’ has been inserted into clauses 11.2(a) and 11.5 after the words “a casual” ; the word ‘the’ has been deleted from the phrase “under the clause” in clause 11.9(c); a typographical error has been corrected in clause 11.9(c) by inserting a space word ‘clause’ and ‘11.9’ in both instances they appear in the clause; the words ‘this clause 11.9’ which appears in the first sentence of clause 11.9(e) has been changed to ‘clause 11.9’ in accordance with [2019] FWCFB 5409 at [6] ; the words ‘this clause 11.9’ which appears in clause 11.9(h) has been changed to ‘clause 11.9’ in accordance with [2019] FWCFB 5409 at [6]; the column heading “Minimum weekly rates” in the table at clause 15.1 has been changed to “Minimum weekly rate”; the words “under clause 19.4(a) – 19.4(c)” in clause 19.4 changed to “under clause 19.4(a) to 19.4(c)”; the reference to ‘22.5(a)’ in clause 22.7(a) amended to clause ‘22.5(b)’; clause 22.7(d) split into two clauses (clause 22.7(d) and clause 22.7(e)) to correct previous error; the words “4 hours pay” in clause 27.5(d)(ii) has been amended to “4 hours’ pay”.

 52   [2019] FWCFB 5409.

 53   In clause 16.3 the words ‘ordinary hourly rate’ have been amended to ‘the rate of pay for their ordinary classification’ as this award does not include the defined term ‘ordinary hourly rate’; in clause 21.5 the word ‘penalties’ has been amended to ‘penalty rates’.

 54   In clause 19.5 the word ‘wage’ has been deleted and the word ‘rate’ has been inserted; In clause B.1.1, B.1.4, B.1.7, B.1.10, B.2.1, B.2.2, B.2.3 and B.2.4 the table heading has been amended to read ‘ordinary and shiftwork penalty rates’ to ensure consistency with the rest of the award; in F.4 the word ‘wages’ has been replaced with ‘rates’; in F.4.2 the word ‘wages’ has been amended to ‘hourly rates’.

 55  The definition of ‘standard rate’ in clause 2 has been amended to replace ‘minimum weekly wage’ with ‘minimum weekly rate’; the Part 5 heading has been changed to ‘Part 5—Overtime and Sunday Work’; Clause 26.5(a)(i) has been amended to read ‘‘in the case of day workers—the employee’s ordinary rate of pay for the period of annual leave plus a holiday loading of 17.5%.” in order to be consistent with the wording use in clause 26.5; the word ‘wage’ has been replaced with ‘rate’ in clause C.1.1.

 56   In the NOTE below Table 7 in clause 20.2, the word ‘penalties’ has been amended to ‘penalty rates’.

 57   The word ‘penalties’ has been amended to ‘penalty rates’ in clauses 16.1.

 58   The word ‘penalties’ has been replaced with ‘penalty rates’ in clause 13.8(c). The word ‘penalty’ has been replaced with ‘penalty rate’ in clause 13.9(a). In clause 21.2, the heading has been amended from ‘Shiftwork penalty rates’ to ‘Shift penalty rates’. In clause 23, the paragraph, ‘Personal/carer’s leave and compassionate leave are provided for in the NES’ appeared to have been inadvertently inserted into the heading at clause 24 and as such, we have deleted the paragraph from the heading at clause 24 and correctly inserted it at clause 23.

 59   The word ‘wage’ has been replaced with ‘rate’ in clauses 18.1 and 18.4(f).

 60   Clause 19.3 has been amended as follows: “The overtime rates in clause 19 and the penalty rates in clause 21—Penalty rates are not cumulative….”; the word ‘penalties’ has been replaced with ‘penalty rates’ in clauses 14.1, 19.7, 20.3, 21.1(c)(iii) and 21.2.

 61   The word ‘wages’ has been replaced with ‘rates’ in clauses 17.1.

 62   In clause 11.4 the word ‘by’ has been amended to ‘to’ so that the clause reads ‘the hourly rate exclusive of the 25% loading) will be increased to the penalty rates provided in clause 21–Overtime’; in clause 18.2(b) the word ‘hourly’ has been removed to avoid confusion with the term ‘ordinary hourly rate of rate’.

 63   The term ‘minimum wages’ has been changed to ‘minimum rates’ in clause 12.13; in clauses 24.1, 24.2, 25.1, 25.2, 25.3, 25.4, 29.2(f), 29.3, 51.1, 52.2, A.3.3, D.1.2 the word ‘wage’ has been amended to ‘rate’ wherever it appears.

 64   The heading at clause 22 has been amended to ‘Penalties and Ppenalty rates for full-time or part-time employees.’; the heading at Schedule A has been amended as follows, ‘Schedule A—Adjustment of Casual Rates and Penalties Penalty Rates’. The heading at clause A.2 has also been amended from ‘Penalty rates’ to ‘Penalties’; the preamble appearing before the table at clause A.2 has been amended from ‘Penalty Rate’ to ‘Penalty’. In the table at clause A.2, the column heading has been amended from ‘Penalty Rate’ to ‘Penalty’. The heading at clause A.3 has also been amended as follows, ‘A.3—Adjustment of Casual rates and penalties penalty rates’.

 65   The word ‘overtime’ has been removed from the phrase ‘overtime penalty rates’ in clause 12.10; The word ‘wages’ has been replaced with ‘rates’ in the preamble to clause 16.1; the words ‘minimum weekly wage’ in clauses 16.3(a)(i) and 16.3(a)(ii) have been replaced with ‘minimum weekly rate of’; the word ‘wage’ in clause 16.4(a) has been replaced with ‘rate’; the term ‘minimum wages’ has been changed to ‘minimum rates’ in clause 16.5(m); the title of the clause heading in clause 23.3(f) has been changed from “Cleaners—shiftwork rates and cleaning penalties not cumulative” to “Cleaners—shiftwork rates and cleaning penalty rates not cumulative”; The term “shift rates” in clause 25.3(b)(vii) has been changed to “shiftwork rates”; the term “weekly wage rates” in clause 25.3(c) has been changed to “weekly rates”; the words ‘minimum weekly wage’ in clause C.1 has been replaced with ‘minimum weekly rate’; the words ‘minimum hourly wage’ in clause C.2.1 has been replaced with ‘minimum hourly rate’.

 66   In clauses 20.11, 32.1, 37.1 and 47.1 the word ‘wage’ has been amended to ‘rate’; in clause 44 the reference to ‘shift allowances’ has been amended to ‘shift rates’

 67   In clause 2, within the definition of ‘standard rate’, ‘minimum hourly wage’ has been changed to ‘minimum hourly rate’ to ensure consistency of terminology used throughout the award. Similarly, for consistency, in clause 10.2, ‘minimum weekly wage’ has been changed to ‘minimum weekly rate’. In clause 11.3(b), ‘minimum hourly wage’ has been changed to ‘minimum hourly rate’. In clause C.1.1, ‘minimum hourly wage rate’ has been changed to ‘minimum hourly rate’.

 68   In clause 2, the definition of ‘all-purposes’ the word ‘allowance’ has been amended to ‘loading’; In clause 2, the definition of ‘standard rate’ has been amended to reflect the terminology used throughout the rest of the award. The amendment is made as follows, ‘standard rate means the minimum weekly wage rate for an inshore or offshore diver…’. In clause 10.3(a)(iv), an amendment has been made to reflect consistency of terminology used throughout the award, namely that ‘casual’ into the clause as follows, ‘The casual loading constitutes part of the casual employee’s all-purpose rate’.

 69   The reference to ‘minimum wages’ in clause 15.1 has been changed to ‘minimum rates’; The reference to ‘minimum weekly wage’ in clause 15.1 has been changed to ‘minimum weekly rate’ in clause B.1.2.

 70   In clauses 13.6(a) and 13.6(b), the word ‘wage’ has been replaced with the word ‘rate’. In addition, in clause 16.7, the word ‘wage’ has been replaced with the word ‘rate’. Where appearing in clauses 25.3(a)(i), 25.3(a)(ii), 25.4(a) and 25.4(b), the loadings prescribed as percentages have been amended to reflect the figures as rates, namely, from ‘30%’, ‘20%’, ‘30%’ and ‘20%’ to ‘130%’, ‘120%’, ‘130%’ and ‘120%’, respectively. In clauses A.1 and A.2, the word ‘penalties’ in both of the Schedule titles have been replaced with ‘penalty rates’.

 71   The word ‘wage’ has been replaced with the word ‘rate’ in clause 16.2

 72   The definition of ‘standard’ rate in clause 2 has been amended so that the term ‘minimum weekly wage’ has been replaced with ‘minimum weekly rate’; Clause 13.5(b) has been amended so that the phrase “at the shiftwork rate” has been replaced with “at the shift penalty rate”; The column heading at clause 15.2 has been amended to replace the word ‘wage’ with ‘rate’ so that the heading reads ‘Percentage of weekly rate for Storeworker grade 1 or Wholesale employee level 1’; The term ‘shift loadings’ in clauses 18.1(a), 18.8 and 24.3(b)(iii) has been replaced with ‘shift penalty rates’; the word ‘penalty’ after the word ‘shift’ wherever it appears in clause 34.1(c).

 73   In clause 2, the definition of ‘standard rate’ has been amended to reflect the terminology used throughout the rest of the award. The amendment is made as follows, ‘standard rate means the minimum weekly rate wage for a Transport worker grade 3 in clause 17—Minimum rates.’ In clause 13.6(c), ‘wage’ has been deleted from the last paragraph as follows, ‘…the weekly wage rate of the employee…’. In the preamble before the table in clause 17.1, ‘minimum wages’ has been changed to ‘minimum rates’. Similarly, in the Note below the table at clause 17.1(b), ‘Minimum wages’ has been changed to ‘Minimum rates’. In the preamble before the table in clause 17.2, ‘minimum wages’ has been changed to ‘minimum rates’. In clause 17.4, ‘minimum wage’ has been changed to ‘minimum rate’. In clauses 17.7(a) and 17.7(b), ‘minimum wage’ has been changed to ‘minimum rate’. In clause 19.3(b), the reference to the ‘weekly wage’ has been changed to ‘weekly rate’. In clause 23.2(b), the reference to the ‘weekly wage’ has been changed to ‘weekly rate’. In clause 33.6, ‘minimum wage rate’ has been changed to ‘minimum rate’. In clause D.1.1, ‘minimum weekly wage’ has been changed to ‘minimum weekly rate’.

 74   For the purpose of consistency with clause 15, the definition of ‘standard rate’ in clause 2 has been amended so that the term ‘minimum weekly wage’ has been replaced with ‘minimum weekly rate’; the term ‘minimum weekly wage’ in clauses 15.1 and B.1.1 has been replaced with ‘minimum weekly rate’; the term ‘minimum wages’ in clause 15.2(a) has been replaced with ‘minimum rates’; the term ‘minimum wage’ in clauses 15.3(a), 16.2(b) and 27.3(a) has been replaced with ‘minimum rate’.

 75   In clause 13.5, in both the title of the clause and within the clause, ‘minimum wages’ has been changed to ‘minimum rates’. Similarly the clause title in clause 16.3 has been changed from ‘minimum wages’ to ‘minimum rates’. In clause 16.9(b), ‘minimum wages’ has been changed to ‘minimum rates’. Again, in clause 16.10(b), ‘minimum wages’ has been changed to ‘minimum rates’. The column heading in the table at clause 16.10(b) has been changed from ‘Weekly wage’ to ‘Weekly rate’. In clause 24.4, the reference made to ‘shiftwork allowance’ has been changed to ‘shiftwork penalty rates’. Similarly, in clause 27.5(c)(ii), ‘shiftwork allowances’ has been changed to ‘shiftwork penalty rates’. In clause 28.1(b)(i), at bullet 2, ‘weekly wage’ has been changed to ‘weekly rate’.

 76   [2016] FWCFB 4579

 77  PR584069

 78   [2019] FWCFB 5619 at [111] to [112].

 79   This was omitted in error from the previous publication of the exposure draft.

 80   [2019] FWCFB 5180; PR713404.

 81   Transcript, 18 December 2019 at [PN141] to [PN145]

 82   Transcript, 18 December 2019 at [PN150] to [PN152]

 83   Transcript, 18 December 2019 at [PN137] to [PN140]

 84   PR710996

 85   [2019] FWCFB 5145 and PR712287.

 86   [2020] FWCFB 391.

 87   PR716167.

 88   In a decision issued on 24 December 2019 [[2019] FWCFB 8675], the Full Bench expressed their provisional view to vary the Mannequins Award to include the standard clauses and issued a draft variation determination.

 89   [2014] FWCFB 9412

 90   [2019] FWCFB 8157 and PR714925

 91   Clerks – Private Sector Award 2010; Contract Call Centres Award 2010; Hospitality Industry (General) Award 2010; Local Government Industry Award 2010; Manufacturing and Associated Industries and Occupations Award 2010; Pastoral Award 2010; Rail Industry Award 2010; Restaurant Industry Award 2010