16.1 Superannuation legislation
16.1.1 The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
16.1.2 Notwithstanding 16.1.1, the following provisions shall also apply.
16.2 Definitions
16.2.1 The Fund for the purposes of this clause shall mean:
16.2.1(a) the Australian Retirement Fund (ARF) or the Superannuation Trust of Australia (STA); or
16.2.1(b) any fund agreed to between the employer and the majority of the employees concerned in the workplace or relevant section(s). Agreement in this respect may also be reached between the employer and an individual employee; or
16.2.1(c) any fund the employer was contributing to as at 1 August 2003 or at the date of becoming bound by this award, provided that the level of contributions satisfies the award's requirements.
16.2.1(d) An employer is not required to contribute to more than one fund in respect of an employee employed under this award.
16.2.2 Ordinary time earnings for the purposes of this clause, means:
16.2.2(a) the classification rate under this award;
16.2.2(b) any over-award payment;
16.2.2(c) loadings which the employee earns for working ordinary hours of duty; and
16.2.2(d) casual loading in respect of casual employees.
16.2.3 Ordinary time earnings does not include bonuses, commission, payments for overtime or other payments, remuneration or allowances.
16.3 Employer contributions
A respondent employer shall contribute to the Fund in respect of each employee such contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 as amended from time to time.
16.4 Voluntary employees contributions
16.4.1 Subject to statutory requirements, an employee may make contributions to the Fund in addition to those made by the respondent employer under 16.3.
16.4.2 An employee who wishes to make additional contributions must authorise the respondent employer in writing to pay into the Fund, from the employee's wages, amounts specified by the employee in accordance with the Fund Trust Deed and Rules.
16.4.3 An employer who receives written authorisation from the employee, must commence making payments into the Fund on behalf of the employee within fourteen days of receiving authorisation.
16.4.4 Employees shall have the right to adjust the level of contributions made on their own behalf on the first of July each year provided that by agreement with the respondent employer the employees may vary their additional contribution at other times.
16.5 Absence from work
Subject to the governing rules of the Fund of which an employee is a member, the following provisions shall apply:
16.5.1 Paid leave
Contributions shall continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave or other paid leave.
16.5.2 Work-related injury or illness
In the event of an employee's absence from work being due to work-related injury or work-related illness, contributions at the normal rate shall continue for the period of absence (subject to a maximum of 52 weeks total absence for each sickness or injury) provided that:
16.5.2(a) the member of the Fund is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this award; and
16.5.2(b) the person remains an employee of the employer.
17. TRAINING, APPRENTICESHIP, PART-TIME JUNIOR AND ADULT APPRENTICES
17.1 Apprenticeship
17.1.1 Scope of the apprenticeship clause
17.1.1(a) This clause shall apply to apprentices.
17.1.1(b) An apprentice is an employee who is engaged under a Training Agreement registered by the relevant State or Territory Training Authority, where the qualification outcome specified in the Training Agreement is a relevant qualification from a Training Package endorsed by the National Training Framework Committee.
17.1.1(c) For the purpose of this subclause a relevant qualification is a qualification:
17.1.1(c)(i) from the National Training Package that covers occupations or work which are covered by this award, or is a qualification from an enterprise Training Package listed in Schedule B - List of national training packages; and
17.1.1(c)(ii) at Australian Qualifications Framework Certificate Level III [or at Level IV for those qualifications listed in 15.3 and Schedule A - Classification standards] except where the qualifications can normally be completed through a Training Agreement of a duration of two years or less (note: such qualifications would generally be covered by traineeship provisions).
17.1.1(d) An apprentice shall also include an employee who is engaged under a Training Agreement or Contract of Training for an apprenticeship declared or recognized by the relevant State of Territory Training Authority.
17.1.2 Wages
Year of apprenticeship % of PSO/PDO level 2 Wage per week Pre apprenticeship 45% 252.54 1st year 55% 308.66 2nd year 77.5% 434.93 3rd year 90% 505.08
17.1.3 The employer may engage pre-apprentices and apprentices under the terms of the regulations or provisions of the appropriate State Training Authority (STA) or its agent provided that a person shall not be deemed to be an apprentice until their indenture has been approved by the STA.
17.1.4 The employer shall reimburse an apprentice for all fees and levies relevant to the apprentice training upon satisfactory completion of each year's training and the cost of all tools necessary for carrying out their work, except where tools are provided at the employer's expense.
17.1.5 The pre-apprenticeship and apprenticeship training program and conditions shall be in accordance with the appropriate STA or its agent.
17.1.6 All other conditions of employment shall be in accordance with this award.
17.2 Part-time junior and adult apprentices
17.2.1 The wages for full-time junior and adult apprentices as set out in this award shall apply to part-time apprentices for total hours worked including time spent in off-the-job training.
17.2.2 For the purposes of 17.2.1, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice is paid is deemed to be 25% of the actual hours each week worked on-the-job. The wages paid for training may be averaged over a semester or year.
17.2.3 Part-time apprentice's weekly off-the-job training time (for other than school based apprentices) may be averaged over the period of a year or some other agreed period, provided that the pattern of ordinary working and training hours is specified in advance as part of the training program at the commencement of each year.
17.2.4 The part-time apprentice shall be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
17.2.5 For the purposes of this subclause, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
17.2.6 The duration of a part-time apprenticeship shall be specified in the training agreement or contract for each apprentice. The period so specified to which the apprentice wage rates apply shall not exceed six years.
17.2.7 A part-time apprentice who is not a full-time school student should be advised by the employer in writing in advance and at least once each year of the off-the-job training hours and that these hours form part of the paid hours for the apprentice. This advice will be consistent with the training agreement.
17.2.7(a) Note 1
Apprentice hourly rates take account of the fact that they spend some of their time in off-the-job training.
17.2.7(b) Note 2
The parties note that the training agreement or contract will require an apprentice to be to employed for sufficient hours to complete all requirements of the apprenticeship, including the on-the-job work experience and demonstration of competencies. The parties also note that this would normally mean that an apprentice would average a minimum of fifteen hours on-the-job work per week, averaged across the period of the apprenticeship.
17.2.8 Part-time apprentices shall progress through the wage scale at the rate of twelve months progression on the basis of the table below:
Part-time apprenticeship duration specified in the apprenticeship agreement Period of employment to achieve twelve months wages progression
5 years 15 months
6 years 18 months
17.2.9 These rates are based on a standard full-time apprenticeship of four years. The rates of progression reflect the average rate of skill acquisition expected from the typical combination of work and training for a part-time apprentice undertaking the applicable apprenticeship.
17.2.10 Provided that part-time apprentices undertaking the apprenticeship while at school shall progress through the age scale at the rate of twelve months progression for each two years as a part-time apprentice whilst at school. On leaving school if the apprentice continues part-time, the rate of progression through the wage scale shall be at the rate of twelve months progression for each fifteen months of employment as a part-time apprentice.
17.2.11 Where an apprentice converts from part-time to full-time, all time spent as a full-time apprentice shall count for the purposes of progression through the wage scale. This progression shall apply in addition to the progression achieved as a part-time apprentice.
17.2.12 Part-time apprentices shall be entitled to all the conditions of part-time employees under this award.
The parties to this award shall observe the terms of the National Training Wage Award 2000 [AW790899 PR904174], as amended.
19.1 This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:
19.1.1 Supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process.
19.1.2 Accredited assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system.
19.1.3 Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.
19.1.4 Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
19.2 Eligibility criteria
19.2.1 Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
19.2.2 This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
19.2.3 This clause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Disability Services Act, or if a part only has received recognition, that part.
19.3 Supported wage rates
19.3.1 Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:
Assessed capacity Prescribed award rate (clause 19.4)
10%* 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
19.3.2 Provided that the minimum amount payable shall be not less than $60 per week.
19.3.3 * Where a person's assessed capacity is 10%, they shall receive a high degree of assistance and support.
19.4 Assessment of capacity
For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:
19.4.1 The employer and a union party to the award, in consultation with the employee or, if desired by any of these;
19.4.2 The employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
19.5 Lodgment of assessment instrument
19.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.
19.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.
19.6 Review of assessment
The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the supported wage system.
19.7 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis.
19.8 Workplace adjustment
An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
19.9 Trial period
19.9.1 In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding twelve weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
19.9.2 During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
19.9.3 The minimum amount payable to the employee during the trial period shall be no less than $60 per week.
19.9.4 Work trials should include induction or training as appropriate to the job being trialled.
19.9.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 19.4 hereof.
An employee engaged for four hours or more during one day at a classification carrying a higher rate than their ordinary classification shall be paid the rate of pay for such classification for the time so employed.
21.1 All wages shall be paid weekly or fortnightly in the employer's time provided that any change from weekly to fortnightly pay may be introduced after a period of six months notice, or lesser period by mutual agreement.
21.2 Where due notice of termination of employment as prescribed herein, has been given, all moneys which are due shall be paid to the employee concerned not later than the day of such termination.
21.3 Wages may be paid in cash, cheque or bank deposit, provided that any costs shall be met by the employer.
21.4 On or before each pay day each employee shall be supplied with a statement in writing showing, the amount of ordinary pay, overtime, penalty rates, allowances and any amount of deductions made for any purposes in respect of the amount paid.
22.1 Accident pay
22.1.1 From the commencement of this award should any employee meet an accident at his/her place of employment and is subject to and qualifies for compensation under the Accident Compensation Act presently in force in the States and areas covered by this award such employee shall have the amount received by way of compensation increased by the employer to the amount of the usual award weekly rate ruling at the time of such accident. The payment made by the employer shall be limited to a maximum period of 39 weeks.
22.1.2 Casual employees make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid as the normal weekly rate of pay only (ordinary time plus a loading of 20%).
22.2 First aid
An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualification such as a certificate from the St. John Ambulance or similar body shall be paid weekly an allowance of $10.90 if the employee is appointed by the employer to perform first aid duty.
22.3 Transfers travelling and working away from usual place of work
22.3.1 Distant work/travelling time payment
22.3.1(a) All reasonable out of pocket expenses incurred in connection with the employer's business authorised by the employer and properly paid by the employee, shall be reimbursed by the employer.
22.3.1(b) An employee directed by the employer to travel in the employee's own time to transact company business shall be paid travelling time and all expenses incurred whilst so travelling. Further, an employee sent by his or her employer from their usual locality to another and required to remain away from their usual abode will be paid expenses while so absent from their usual locality.
22.3.1(c) An employee is not entitled to be paid for travelling in the employee's accustomed workplace or territory. In circumstances where an employee is required to work away from the accustomed workplace or territory and travels in the employee's own time to reach such place, the employee shall be entitled to be paid for the time reasonably spent in travelling to such place in excess of that which would be spent travelling from home to the accustomed workplace or boundary of the accustomed territory.
22.3.2 Payment for travelling
22.3.2(a) The amount of pay for an employee travelling outside of ordinary hours shall be their ordinary rate of pay.
22.3.2(b) The maximum travelling time to be paid shall be twelve hours out of every 24 hours.
22.3.3 Expenses
Expenses for the purposes of 23.3.1(b) shall mean:
22.3.3(a) Reasonable expenses incurred while travelling including $8.80 for each meal taken (except where the cost of the meal is included in the fare).
22.3.3(b) Reimbursement of the cost incurred for lodging of at least reasonable hotel/motel standard.
22.4 Overtime meal allowance
22.4.1 An employee is entitled to meal allowance of $8.80 on each occasion that the employee is entitled to a rest break in accordance with rest break while working overtime, except in the following circumstances:
22.4.1(a) if the employee is a day worker and was notified no later than the previous day that they would be required to work such overtime;
22.4.1(b) if the employee lives in the same locality as the place of employment and could reasonably return home for meals.
22.4.2 If an employee has provided a meal or meals on the basis that they have given notice to work overtime and employee is not required to work overtime or is required to work less than the amount advised, the employee shall be paid the prescribed meal allowance for the meal or meals which the employee has provided but which are surplus.
22.5 Motor vehicle allowance
An employee who is required on a casual basis to use the employee's motor vehicle to carry out the employer's business shall be paid a mileage allowance of 47 cents per kilometre.
22.6 Telephone allowance
22.6.1 Where an employee does not have a telephone connection and, at the written request of the employer, the employee is required to have a telephone connection, the employer shall reimburse the cost of purchase, installation and rental.
22.6.2 Where an employee makes telephone calls in connection with the business on their private telephone at the direction of the employer, the employer shall reimburse the cost of such calls. Provided that, the employer may request details of all such calls claimed by the employee.
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