POST LOGISTICS THIRD PARTY WAREHOUSING/FULFILMENT BUSINESS AWARD 2001
PART 5 - SALARY AND ALLOWANCES
13.1 Job classifications and salaries
The job classifications covered by this award and the respective salary rates are specified in Schedule A - Job Classifications and Salary Rates.
13.2 Junior rates
An employee who is under 21 years of age and employed in a job classification specified in Schedule A, will be paid an annual salary. The salary, calculated to the nearest dollar, will be set by applying the appropriate percentage for the age of the employee as specified in Table 1 below, to the minimum total award rate of an adult employed in the same job.
TABLE 1
Age of employee Percentage of minimum adult salary % Under 17 years 50 At 17 years 60 At 18 years 70 At 19 years 81 At 20 years 91
14. SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES
14.1 Definitions
14.1.1 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:
14.1.2 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;
14.1.3 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;
14.1.4 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;
14.1.5 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.
14.2 Eligibility criteria
14.2.1 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 they are 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.
14.3 Exemptions
14.3.1 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.
14.3.2 This clause does not apply to the employer in respect of the employer's 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, for that part.
14.4 Supported wage rates
14.4.1 Employees to whom this clause applies will 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 14.5)
10%* 10%
20% 20%
30% 30%
40% 40%
50% 50%
60% 60%
70% 70%
80% 80%
90% 90%
14.4.2 Provided that the minimum amount payable will be not less than $53 per week.
14.4.3 * Where a person's assessed capacity is 10%, he or she will receive a high degree of assistance and support.
14.5 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:
14.5.1 the employer and the union, in consultation with the employee or, if desired by any of these; or
14.5.2 the employer and an accredited assessor from a panel agreed by the parties to the award and the employee.
14.6 Lodgement of assessment instrument
14.6.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, will be lodged by the employer with the Registrar of the Commission.
14.6.2 All assessment instruments will be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it will be referred by the Registrar to the union by certified mail and will take effect, unless an objection is notified to the Registrar within ten working days.
14.7 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 will be in accordance with the procedures for assessing capacity under the supported wage system.
14.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will 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.
14.9 Workplace adjustment
If the employer wishes to employ a person under the provisions of this clause, it will 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.
14.10 Trial period
14.10.1 In order for an adequate assessment of the employee's capacity to be made, the 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.
14.10.2 During that trial period, the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined.
14.10.3 The minimum amount payable to the employee during the trial period will be no less than $53 per week.
14.10.4 Work trials should include induction or training appropriate to the job being trialled.
14.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause 14.5.
15.1 A party to this award will comply with the terms of the National Training Wage Award 2000 [AW790899], as varied, as though bound by clause 4 of that award.
16.1 Salaries will be paid:
16.1.1 fortnightly, at the fortnightly equivalent of the annual rates prescribed; and
16.1.2 by electronic funds transfer into a financial institution nominated by the employee.
17.1 First aid allowance
Employees appointed as first aiders will be paid an allowance as specified in Schedule B - First aid allowance.
17.2 Mixed functions
17.2.1 An employee in a job at Operator Level 1, who performs the work of an Operator Level 2 job, will be paid for such work at the Operator Level 2 salary on the following basis:
17.2.1(a) up to 4 hours worked on a day, payment for time actually worked;
17.2.1(b) more than 4 hours worked on a day, payment for the day.
17.2.2 An Operator Level 1 or Operator Level 2 who has worked in an Operator Level 3 job for a period totalling 5 days in the immediately preceding 12 month period, will be eligible for payment at the Operator Level 3 rate for work subsequently performed at Operator Level 3.
17.2.3 An allowance paid under this clause will be regarded as salary for the purposes of calculating penalty payments.
17.3 Overtime meal allowance
17.3.1 An employee will be paid an overtime meal allowance as specified in Schedule C - Overtime Meal Allowance, when the employee has not been advised in writing of the requirement to work overtime during his or her previous shift and is required to work at least:
17.3.1(a) 1 hour of overtime continuous with ordinary work. In determining whether or not an overtime attendance is continuous with ordinary work, unpaid meal breaks are to be disregarded; or
17.3.1(b) 5 hours overtime on a day the employee is not rostered for ordinary work; or
17.3.1(c) an additional 5 hours overtime on a day on which eligibility for payment of a first meal allowance has already been established under 17.3.1(a) or 17.3.1(b).
17.3.2 For a part-time employee, only work which attracts an overtime penalty rate, counts as overtime under 17.3.1 for the purpose of an overtime meal allowance.
17.4 Private motor vehicle allowance
An employee who is authorised to use a private motor vehicle for official purposes or in circumstances in which the employer would otherwise meet the cost of the journey, is entitled to be reimbursed reasonable expenses incurred in using the vehicle on that journey.
PART 6 - HOURS OF WORK, SHIFT WORK AND OVERTIME
18. HOURS OF WORK - DAY WORKERS
18.1 The ordinary hours of work of a day worker:
18.1.1 will be 38 hours per week or an average thereof;
18.1.2 may be between six and ten hours on any one day;
18.1.3 will be between the hours of 6.00a.m and 6.00p.m, except that the daily spread of hours may be altered by up to one hour at either end by agreement between the employer and the majority of employees or by agreement between the employer and an individual employee;
18.1.4 may be worked on any day Monday to Saturday inclusive, except that an employee who is rostered to work ordinary hours on Saturday will receive a 50% loading for the time worked; and
18.1.5 no employee will be rostered for ordinary work on more than five days in any seven-day period.
19.1 Definitions
For the purpose of this clause:
19.1.1 shift worker means an employee who is rostered on:
19.1.1(a) alternating or rotating shifts or a constant shift involving regular ordinary work after 1.00 p.m. on Saturday; or
19.1.1(b) a shift, which commences before 6 am or finishes after 6pm;
19.1.2 seven-day shift worker means an employee who is rostered to and works regularly on Sundays and holidays;
19.1.3 afternoon shift is a shift that finishes after 6.00pm and before or at midnight;
19.1.4 nightshift is a shift that finishes after midnight and before or at 8.00am.
19.2 Ordinary hours
The ordinary hours of work of a shift worker:
19.2.1 will be 38 hours per week or an average thereof over a cycle of shifts; and
19.2.2 may be between six and ten hours on any one day.
19.3 Shift penalties
The following shift penalties apply to a shift worker:
19.3.1 Monday to Friday
A shift that starts before 6.00am 15%
Afternoon shift 15%
Night shift 15%
Night shift worked for more than 4 weeks continuously 30%
19.3.2 Saturday
All rostered time that falls wholly between midnight Friday and midnight Saturday 50%
19.3.3 Sunday
All rostered time that falls wholly between midnight Saturday and midnight Sunday 100%
19.3.4 Public Holiday 150%
19.4 Public holiday shift
Where shifts fall partly on a public holiday, the shift which has the major portion falling on a public holiday will be regarded as the holiday shift. Except that, by agreement between the employer and the majority of employees concerned, the shift which has the minor portion falling on a public holiday may be regarded as the holiday shift.
19.5 Payment during annual leave
Shift penalty payments will be made in respect of any work (other than on public holidays) which an employee would have performed had the employee not been on approved annual leave, subject to the conditions specified in clause 25 - Annual leave loading.
19.6 Payments stand alone
The additional payments prescribed by this clause will not be taken into account in the computation of overtime or in the determination of any allowance based upon salary, nor will they be paid with respect to any shift for which any other form of penalty payment is made under this award.
19.7 Exchange of shifts
An employee is allowed to exchange duties or shifts or days off, or to perform work for another employee, with the approval of the employee's manager.
19.8 Interval between shifts
Shifts will be arranged so that an employee has a minimum break of 10 hours continuously off work between shifts except in cases of:
19.8.1 emergency certified by the employee's manager and notified to the employees concerned by posting the notification in a prominent place; and/or
19.8.2 regular change over of shifts.
19.9 Day off in lieu of public holiday
A seven day shift worker who is rostered off work on a public holiday, will be granted a day's leave in lieu of that holiday within one month after the holiday, if practicable, or paid one day's pay at ordinary rates.
19.10 Roster changes
An employee will be given a minimum of 7 consecutive days notice of any rostered change, unless the roster change is by agreement between the employer and an individual employee or is necessitated by an emergency or special circumstances for example sick leave, resignations on short notice, dismissals and suspensions.
By agreement between the employer and an employee, an employee may work in excess of ordinary hours to enable time off to be accumulated over a cycle of 4 weeks. The accumulated time off, will be taken at a time mutually convenient to the employee and the employer. A maximum of 22 hours 48 minutes may be accumulated. Any hours accumulated in excess of 22 hours 48 minutes will be paid at overtime rates in accordance with clause 22 - Overtime.
21.1 Meal break
An employee who works a minimum of five (5) consecutive hours will receive an unpaid meal break of a minimum of 30 minutes and not more than 60 minutes, except that:
21.1.1 a longer period for the meal break may be arranged by agreement between the employer and an employee or a majority of employees in the workplace concerned; and/or
21.1.2 an employee may work in excess of 5 hours, but not more than 6 hours, without a meal break by agreement between the employer and the employee concerned.
21.2 Tea break
A 10 minute paid tea break will be granted to employees, at a time fixed by the employer so as to minimise disruption to operations.
22.1 Requirement to work reasonable overtime
22.1.1 Subject to clause 22.2 an employer may require an employee to work reasonable overtime at overtime rates.
22.1.2 Provided that this subclause does not apply to employees employed in accordance with the provision of clause 29.7.8 (Parental leave - part-time work).
22.1.3 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
22..1.3(a) any risk to employee health and safety;
22.1.3(b) the employee's personal circumstances including any family responsibilities;
22.1.3(c) the needs of the workplace or enterprise;
22.1.3(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
22.1.3(e) any other relevant matter."
The employer may require an employee to work reasonable overtime at overtime rates and the employee will work overtime as required.
22.2 Definition
Overtime is paid for all authorised work outside ordinary hours outlined in clause 18 - Hours of work - day worker and clause 19.2 - Ordinary hours, shift worker.
22.3 Rate of pay - day workers
The rate of pay for authorised overtime worked by a day worker will be:
22.3.1 Monday to Saturday - time and a half for the first 3 hours and double time thereafter;
22.3.2 Sunday - double time;
22.3.3 Public Holidays - double time and a half.
22.4 Rate of pay - shift workers
The rate of pay for authorised overtime worked by a shift worker will be:
22.4.1 Monday to Friday - time and a half for the first 3 hours and double time thereafter;
22.4.2 Saturday or Sunday - double time;
22.4.3 Public Holidays - double time and a half.
22.5 Part time employees
22.5.1 Part-time employees are eligible for overtime rates applicable to full-time employees:
22.5.1(a) for work in excess of 7 hours 36 minutes on any one day; and/or
22.5.1(b) where an employee other than a shift worker is required to work on more than 5 days per week.
22.5.2 Work in excess of normal requirements but which does not attract a penalty under clause 22.5.1 will be paid at the rate applicable to ordinary work on that day.
22.6 Rest period after overtime
22.6.1 When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.
22.6.2 An employee (other than a casual) who, because of working overtime in accordance with this clause, does not have at least 10 consecutive hours off between finishing work and the commencement time of work the next day, will not be required to perform work on the next day until 10 hours have elapsed since the conclusion of work. The employee will not incur any loss of pay for ordinary working time occurring during the absence.
22.6.3 If the employee is required to resume or continue to work without having had a 10-hour break in accordance with clause 22.6.1 above, the employee will be paid at the appropriate overtime rate until such time as a ten-hour break is taken. The employee will not incur any loss of pay for ordinary working time occurring during the absence.
22.7 Time off in lieu of overtime
22.7.1 An employee may elect, with the employer's consent, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
22.7.2 Overtime taken as time off during ordinary time hours will be taken at the ordinary rate, that is, an hour for each hour worked.
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