Part 1-Application and Operation of this Award
1.1 This award is the Telecommunications Services Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
adult apprentice means a person of 21 years of age or over at the time of entering into a training contract for an apprenticeship in accordance with clause 15.3 of this award.
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 18.3(a)).
apprentice means a person who has entered into a training contract for an apprenticeship in accordance with clause 15.3 of this award.
casual employee has the meaning given by section 15A of the Act.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
ordinary hourly rate means the hourly rate for the employee's classification specified in clause 15-Minimum rates, plus any allowances specified as being included in the employee's ordinary hourly rate or payable for all purposes.
regular casual employee has the meaning given by section 12 of the Act.
standard rate means the minimum weekly rate for a Telecommunications Technical Employee in clause 15.1(c).
telecommunications service carrier has the meaning given in clause 4.3.
telecommunications services industry has the meaning given in clause 4.2.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers throughout Australia who are engaged in the telecommunications services industry in respect of work by their employees in a classification in this award and their employees engaged in the classifications listed in clause 15-Minimum rates to the exclusion of any other modern award.
4.2 Definition of telecommunications services industry
For the purposes of clause 4 telecommunications services industry means any business:
(a) whose principal function is a telecommunications service carrier; or
(b) whose principal function is a carriage service provider or a content service provider; or
(c) whose principal function is the supply of telecommunications services including value added telecommunications services; or
(d) whose principal function is incidental, ancillary or complementary to the businesses referred to in clauses 4.2(a), 4.2(b) and 4.2(c); or
(e) which supplies labour to a business in the telecommunications services industry on a labour hire basis in respect of any such labour hire employees while engaged in the performance of work for a business in the telecommunications services industry.
4.3 Telecommunications service carrier means the holder of a carrier licence.
4.4 This award covers employers which provide group training services for apprentices and/or trainees engaged in the telecommunications services industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 Exclusions
This award does not cover:
4.6 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
5.7 An agreement must be:
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.
Requests for flexible working arrangements
6.1 Employee may request change in working arrangements
Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.
NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances, as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on `reasonable business grounds' (see section 65(5) and (5A)).
NOTE 3: Clause 6 is an addition to section 65.
6.2 Responding to the request
Before responding to a request made under section 65, the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee's circumstances having regard to:
NOTE 1: The employer must give the employee a written response to an employee's section 65 request within 21 days, stating whether the employer grants or refuses the request (section 65(4)).
NOTE 2: If the employer refuses the request, then the written response must include details of the reasons for the refusal (section 65(6)).
6.3 What the written response must include if the employer refuses the request
(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.
6.4 What the written response must include if a different change in working arrangements is agreed
If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee, then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.
6.5 Dispute resolution
Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6, can be dealt with under clause 30-Dispute resolution.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
Part 2-Types of Employment and Classifications
An employee may be engaged on a full-time, part-time or casual basis.
9.1 A full-time employee is engaged to work 38 ordinary hours per week.
9.2 An employee not specifically engaged as a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified.
10.1 A part-time employee:
(a) is engaged to work less than an average of 38 ordinary hours per week;
10.2 Overtime
(a) Overtime is payable to part-time employees, in accordance with clause 20-Overtime for time worked in excess of the hours fixed in accordance with the pattern of hours applicable to the employee.
10.3 Public holidays
(a) Where a part-time employee's ordinary hours fall on a public holiday prescribed in the NES and work is not performed by the employee, the employee will not lose pay for the day.
11.1 Casual loading
For each ordinary hour worked, a casual employee must be paid:
11.2 Casual employment may be terminated by an hour's notice given either by the employer or the employee, or by the payment or forfeiture of an hour's wage, as the case may be.
11.3 When a casual employee works overtime, they must be paid the overtime rates in clause 20.2(b).
11.4 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.
11.5 Offers and requests for casual conversion
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 30-Dispute resolution.
12.1 The classification structure and description of the classifications under this award are set out in Schedule A-Classification Structure and Definitions.
12.2 Upon a request being made by an employee, the employee will be advised of the award classification which the employer considers to be appropriate having regard to the definitions in this award and the duties performed by the employee.
12.3 If an employee disputes the classification assigned to them by the employer, the employee must advise the employer in writing. If the dispute is unable to be resolved by the employer and the employee in a reasonable time it will be dealt with in accordance with clause 30-Dispute resolution.
13. Ordinary hours of work and rostering
13.1 The ordinary hours of work are to be an average of 38 per week (or up to 38 hours for casual employees).
13.2 An employee will not be required to work more than 10 ordinary hours per day except as provided for in clauses 13.6(b) and 13.7(e).
13.3 The ordinary hours of an employee must not exceed 152 hours in 28 consecutive days except as provided for in clauses 13.6(b) and 13.7(e).
13.4 Method of arranging ordinary hours
The method of arranging ordinary hours may be by:
13.5 Alteration to hours of work
Subject to the employer's right to fix the daily hours for day work within the spread of hours referred to in clause 13.6, and their right to require employees to work shifts on existing rosters, ordinary hours once determined may be altered:
13.6 Provisions applicable only to day work
(a) Except as provided for in clauses 13.6(b) and 13.6(c), the ordinary hours of work for day work will be worked between the following spread of hours:
13.7 Provisions applicable only to afternoon or night shifts
(e) Flexibility in relation to shiftwork hours
(i) The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/sections. Agreement in this respect may also be reached between the employer and an individual employee:
13.8 Daylight savings
For work performed on a shift that spans the time when daylight savings begins or ends, as prescribed by relevant state or territory legislation, an employee will be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock at the end of work).
13.9 Make-up time
(a) An employee may elect, with the consent of their employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time during the spread of ordinary hours provided in this award.
13.10 Twelve hour days or shifts
Implementation of 12 hour days or shifts is subject to the following:
14.1 Where practicable, an employee will not be required to work for more than 5 hours without a break for a meal, except as provided for in clause 14.4.
14.2 The meal break will be for a period of not less than 30 minutes and not more than 60 minutes and will be unpaid.
14.3 An employee directed by the employer to work in excess of 5 hours without a meal break (or such period as extended in accordance with clause 14.4) must be:
14.4 Flexibility in relation to meal breaks
(a) The following forms of flexibility may be implemented in respect of all employees in a workplace or section(s) thereof, subject to agreement 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:
14.5 Clause 14 will not operate outside an employee's ordinary working hours. Rest breaks during overtime are prescribed in clause 20-Overtime.
15.1 An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:
(a) Customer Contact Stream
(b) Clerical and Administrative Stream
(c) Technical Stream
15.2 Junior employee rates
Junior employees will be entitled to the percentage of the applicable adult weekly rate (or in the case of part-time or casual employees, the hourly rate) for their classification as follows:
15.3 Apprentices
(a) The terms of this award will apply to apprentices except where it is otherwise stated.
(i) Apprentices who commenced their apprenticeship before 1 January 2014 will be entitled to the percentage of the applicable adult weekly wage (or in the case of part-time or casual employees, the hourly rate) for their classification as set out in the table below:
(ii) Apprentices who commenced their apprenticeship on or after 1 January 2014 will be entitled to the percentage of the applicable adult weekly wage in clause 15.1(c) (or in the case of part-time and casual employees, the hourly rate) for the classification of "Telecommunications Technician" as set out in the tables below:
(o) Time spent by an apprentice, other than an apprentice undertaking a school based apprenticeship, in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice's wages and determining the apprentice's employment conditions. Clause 15.3(o) is subject to the provisions of Schedule D-School-based Apprentices.
(p) Excess travel costs for block release training
15.4 School-based apprentices
For school-based apprentices, see Schedule D-School-based Apprentices.
15.5 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E-Supported Wage System.
15.6 National Training Wage
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2022. Provided that any reference to this award in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Telecommunications Services Award 2020 and not the Miscellaneous Award 2020.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 Period of payment
At the election of the employer, wages may be paid weekly or fortnightly.
16.2 Flexibility in relation to pay periods
(a) An employer may pay wages 4 weekly or monthly subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section(s).
16.3 Wages must be paid by electronic funds transfer, except where, by mutual agreement between the employee and employer, they may be paid by cash or by cheque.
16.4 Notwithstanding anything in clause 16, if there is an existing practice in place as at 31 December 2009, then an employer is permitted to continue with this practice.
16.5 Payment on termination of employment
(a) The employer must pay an employee no later than 7 days after the day on which the employee's employment terminates:
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee's employment unless the employer has given the employee the required minimum period of notice or has paid to the employee payment instead of giving notice.
NOTE 2: Clause 16.5(b) allows the Commission to make an order delaying the requirement to make a payment under clause 16.5. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee's employment terminates or shortly after.
17. Annualised wage arrangements
17.1 The award provisions in clause 17 apply to persons in the following classifications:
17.2 Annualised wage instead of award provisions
(a) An employer may pay a full-time employee an annualised wage in satisfaction, subject to clause 17.2(c), of any or all of the following provisions of the award:
(b) Where an annualised wage is paid the employer must advise the employee in writing, and keep a record of:
(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified pursuant to clause 17.2(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.
17.3 Annualised wage not to disadvantage employees
(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases earlier over such lesser period as has been worked).
17.4 Base rate of pay for employees on annualised wage arrangements
For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 15-Minimum rates and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
NOTE: See Schedule C-Summary of Monetary allowances for a summary of monetary allowances and method of adjustment.
18.2 Wage-related allowances-all streams
(a) First aid allowance
An employee who has been trained to provide first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid an allowance of $18.82 per week if appointed by their employer to perform first aid duty.
18.3 Wage-related allowances-technical stream
The allowances in clause 18.3 apply only to employees in classifications set out in clause A.4-Technical stream classifications.
(a) Vehicle allowance
An allowance of $0.91 per kilometre will be paid to an employee who is required on a casual basis to use the employee's motor vehicle to carry out the employer's business.
(b) Telephone allowance
(i) Where an employee does not have a telephone, modem or broadband connection and, at the written request of the employer, the employee is required to have such equipment, the employer must reimburse the cost of purchase, installation and rental.
(c) Meal allowance
(i) A meal allowance of $15.33 per occasion will be paid to an employee that is entitled to a rest break in accordance with clause 20.4, except in the circumstances set out in clause 18.4(c)(ii).
(d) Distant work/travelling time payment
(i) All reasonable out-of-pocket expenses incurred in connection with the employer's business authorised by the employer and properly paid by the employee will be reimbursed by the employer.
(e) Payment for travelling
(i) The amount of pay for an employee travelling outside of ordinary hours will be their ordinary rate of pay.
(f) Expenses
Expenses for the purposes of clause 18.4(d) means:
(g) Relocation expenses
(i) Where an employee is transferred to another location or another state, the cost of removal expenses reasonably incurred must be paid for by the employer. An employee who transfers at their own request may be required to pay their own expenses.
19.1 Superannuation legislation
(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.
19.2 Employer contributions
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
19.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.
19.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or 19.3(b) to one of the following superannuation funds or its successor:
19.5 Absence from work
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or 19.3(b):
Part 5-Overtime and Penalty Rates
20.1 Definition of overtime
(a) For full-time and casual employees overtime is any time worked in excess of the ordinary hours.
(b) Part-time employees are entitled to payment for overtime in accordance with clause 10.2.
20.2 Overtime rates
(a) Where a full-time or part-time employee works overtime the employer must pay the employee overtime rates as follows:
(b) Where a casual employee works overtime, the employer must pay the employee overtime rates as follows:
(c) In computing overtime, each day's work will stand alone.
(d) Employees who are late starting or are absent for part of their ordinary hours on unpaid leave will complete their ordinary hours for that day prior to the entitlement to overtime.
20.3 Minimum payment on weekends
(a) An employee required to work overtime on a Saturday or Sunday will be paid for a minimum of 3 hours at the appropriate rate except where the overtime is worked prior to or at the conclusion of ordinary hours of work.
20.4 Rest break during overtime
An employee working overtime will be allowed a rest break of 20 minutes without deduction of pay after each 4 hours of overtime if the employee continues to work after such rest break.
20.5 Rest period after working overtime
(a) Length of the rest period
When overtime work is necessary it will be arranged where reasonably practicable for employees to have at least 10 consecutive hours off duty between the work of successive days.
(b) Where the employee does not get a 10 hour rest
(c) The provisions of clause 20.5 will not apply to call backs or in circumstances where an employee provides service or support over the telephone or via remote access arrangements where the time worked is less than 3 hours during the call back or each call back. Provided that where the total number of hours worked on more than one call back is 4 hours or more then the provisions of clause 20.5(b) will apply.
20.6 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 20.6.
(c) An agreement must state each of the following:
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
(e) Time off must be taken:
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.6 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.6(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 20.6 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.6 will apply, including the requirement for separate written agreements under clause 20.6(b) for overtime that has been worked.
(k) If, on the termination of the employee's employment, time off for overtime worked by the employee to which clause 20.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
20.7 Call back
(a) An employee recalled to work overtime after leaving work will be paid a minimum of 3 hours at the appropriate overtime rate for each time recalled, except where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary hours.
(b) An employee will not be required to work the full 3 hours if the job(s) they are recalled to perform are completed within a shorter period.
(c) Notwithstanding the above, where an employee has completed the call back and left work and is recalled within the 3 hour minimum period for that call back, the balance of the 3 hours' minimum period for that call back will be cancelled and the employee will only be paid up to the commencement of the next call back. The employee will then be entitled to be paid for a minimum of 3 hours for the next call back.
(d) The provisions of clause 20.7 will not apply in circumstances where an employee provides service or support over the telephone or via remote access arrangements.
(e) Overtime worked in circumstances specified in clause 20.7 will not be regarded as overtime for the purposes of clause 20.5 where the time worked is less than 3 hours during the call back or each call back. Provided that where the total number of hours worked on more than one call back is 4 hours or more then the provisions of clause 20.5(b) will apply.
20.8 Remote service/support-Technical stream
(a) The provisions of clause 20.8 will only apply to classifications in the Technical Stream.
(b) An employee required to work overtime providing service or support over the telephone or via remote access arrangements will be paid for each occasion that such work is carried out:
(c) An employee will not be required to work the full half an hour or one hour or one and a half hours, as the case may be, if the work which the employer requires to be performed is completed within a shorter period.
(d) Notwithstanding the above, where an employee has completed the job and finished work and is required to perform further work within the minimum period specified in clause 20.8(b) for that job, the balance of the minimum period for that job will be cancelled and the employee will only be paid up to the commencement of the next work period. The employee will then be entitled to be paid for a minimum of half hour, one hour or one and a half hours, as the case may be, for the next work period.
(e) Overtime worked in circumstances specified in clause 20.8(b) will not be regarded as overtime for the purposes of clause 20.5 where the time worked is less than 3 hours during the work period or each work period. Provided that where the total number of hours worked on more than one work period is 4 hours or more then the provisions of clause 20.5(b) will apply.
(f) Overtime worked in circumstances specified in clause 20.8(b) will not be regarded as overtime for the purposes of clause 20.6(a).
20.9 Stand-by
(a) An employee who is required to remain in readiness for a return to work outside their normal working hours will be paid an allowance of 20% of the ordinary hourly rate for their classification for each hour they are required to stand by.
(b) While receiving the appropriate overtime rate, the stand-by allowance will not be paid.
20.10 Rates not cumulative
The rates prescribed in clause 20 are in substitution for and not cumulative upon the penalties prescribed in clause 21-Penalty rates and clause 27-Public holidays.
21.1 Definitions
Subject to clause 13.6(b):
(b) Night shift means any shift finishing after midnight and at or before 9.00 am.
21.2 Shiftwork penalty rates
(a) Employees on an afternoon shift are entitled to 115% of the ordinary hourly rate.
(b) Except as provided for in clause 21.2(c), employees on a night shift are entitled to 115% of the ordinary hourly rate.
(c) An employee who:
21.3 Weekend penalty rate
(a) Employees are entitled to 150% of the ordinary hourly rate for ordinary time worked:
(b) The rate in clause 21.3(a) is in substitution for and not cumulative upon the afternoon and night shift penalties prescribed in clause 21.2.
21.4 The penalties in clause 21-Penalty rates are not payable for periods of overtime or for time worked on public holidays.
Part 6-Leave and Public Holidays
22.1 Clause 22 of the award supplements the provisions of the NES which deal with annual leave. Annual leave does not apply to casual employees.
22.2 For the purposes of the provisions of the NES which deal with annual leave, a shiftworker is an afternoon or night shiftworker who is rostered to regularly work ordinary hours of work on Sundays and Public holidays.
22.3 Payment for annual leave
(a) Instead of the base rate of pay as referred to in section 90(1) of the Act, an employee, prior to commencing a period of annual leave, will be paid the wages they would have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the relevant period. Provided that, subject to clause 22.3(c), the employee will not be entitled to any amount calculated by reference to clause 21--Penalty rates.
22.4 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 22, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
22.5 Excessive leave accruals: general provision
NOTE: Clauses 22.5 to 22.7 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2-2, Division 6 of the Act.
22.6 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 22.5(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
22.7 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.5(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
22.8 Annual leave in advance
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
22.9 Annual close-down
(a) An employer may close down an enterprise or part of it for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned, provided that the employer gives at least one month's notice to the affected employees. The notice will advise employees of the commencement date and duration of the close-down.
22.10 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.10.
23. Personal/carer's leave and compassionate leave
Personal/carer's leave and compassionate leave are provided for in the NES.
24. Parental leave and related entitlements
Parental leave and related entitlements are provided for in the NES.
Community service leave is provided for in the NES.
26. Unpaid family and domestic violence leave
Unpaid family and domestic violence leave is provided for in the NES.
NOTE 1: Information concerning an employee's experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee's need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
27.1 Public holiday entitlements are provided for in the NES.
27.2 Substitution of public holidays
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
27.3 Payment for time worked on a public holiday
(a) Except as provided for in clause 27.3(c), an employee who is required to work on a public holiday will be paid at the following rates for a minimum of 3 hours:
27.4 Part-day public holiday
For provisions relating to part-day public holidays see Schedule I-Part-day Public Holidays.
Part 7-Consultation and Dispute Resolution
28. Consultation about major workplace change
28.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
28.2 For the purposes of the discussion under clause 28.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer's interests.
28.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 28.1(b).
28.5 In clause 28 significant effects, on employees, includes any of the following:
(a) termination of employment; or
28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.
29. Consultation about changes to rosters or hours of work
29.1 Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
29.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).
29.3 For the purpose of the consultation, the employer must:
29.4 The employer must consider any views given under clause 29.3(b).
29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
30.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
30.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 30.
30.8 While procedures are being followed under clause 30 in relation to a dispute:
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
31. Dispute resolution procedure training leave
31.1 An eligible employee representative will be entitled to, and the employer will grant, up to 5 days' training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant agreement which provides it is to be read in conjunction with this award.
31.2 An eligible employee representative must give the employer 6 weeks' notice of the employee representative's intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.
31.3 The notice to the employer will include details of the type, content and duration of the course to be attended.
31.4 The taking of such leave will be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.
31.5 An eligible employee representative taking such leave will be paid all ordinary time earnings which normally become due and payable during the period of leave.
31.6 Leave of absence granted pursuant to clause 31 will count as service for all purposes of this award.
31.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is:
31.8 Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year will be resolved by agreement between those entitled, or if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.
31.9 For purposes of applying the quota table employees employed by the employer in the enterprise or workplace are full-time, part-time and casual employees with 6 months or more service who are covered by this award and who are engaged in the enterprise or workplace to which the procedure established under clause 30-Dispute resolution applies.
Part 8-Termination of Employment and Redundancy
NOTE: the NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
32.1 Notice of termination by an employee
(a) Clause 32.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(c) 1 Table 1-Period of notice
32.2 Job search entitlement
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
33.1 Transfer to lower paid duties on redundancy
(a) Clause 33.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 33.1(c).
(c) If the employer acts as mentioned in clause 33.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
(a) television stations and radio stations;
(b) employees of electrical contractors covered by the scope of the Electrical, Electronic and Communications Contracting Award 2020;
(c) a business whose principal function is the manufacture and supply of telecommunications equipment and lines whether or not such business also installs and monitors telecommunications equipment and lines;
(d) a business whose principal function is the installation, service and/or maintenance of telecommunications equipment and lines, unless the business also operates that equipment and lines;
(e) an employee excluded from award coverage by the Act;
(f) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; and
(g) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
(a) in writing; and
(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee's parent or guardian.
(a) at any time, by written agreement between the employer and the employee; or
(b) by the employer or employee giving 13 weeks' written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).
(a) the needs of the employee arising from their circumstances;
(b) the consequences for the employee if changes in working arrangements are not made; and
(c) any reasonable business grounds for refusing the request.
(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.
(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:
(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee's circumstances; and
(ii) if the employer can offer the employee such changes in working arrangements, set out those changes in working arrangements.
Clause Provision Agreement between an employer and:
13.6(b) Flexibility in relation to An individual or the majority of employees
day work hours
13.6(c) Flexibility in relation to An individual
day work on Saturday afternoon
and Sunday
13.7(e) Flexibility in relation to An individual or the majority of employees
shiftwork hours
13.9 Make-up time An individual
14.4 Flexibility in relation to An individual or the majority of employees
meal breaks
16.2 Pay periods The majority of employees
16.3 Payment of wages An individual
20.6 Time off instead of overtime An individual
22.8 Annual leave in advance An individual
22.9(b) Annual close down-number of The majority of employees
periods
22.10 Cashing out of annual leave An individual
27.2 Substitution of public holidays An individual
(b) has a regular pattern of hours;
(c) will be paid the ordinary hourly rate for work performed; and
(d) receives, on a pro-rata basis, award pay and conditions equivalent to those of full-time employees on the basis that ordinary weekly hours for a full-time employee are 38.
(b) However a part-time employee is not entitled to be paid overtime rates on a day until they have worked at least an equivalent number of hours that day of an equivalent full-time employee in the relevant section of the enterprise, provided that a part-time employee will not work more than 38 ordinary hours in any week at ordinary rates.
(b) Where the employee works on the holiday, the employee will be paid in accordance with clause 27-Public holidays.
(a) the ordinary hourly rate; and
(b) a loading of 25% of the ordinary hourly rate,
for the classification in which they are employed.
(a) employees working a consistent number of ordinary hours each day;
(b) fixing one day a week on which employees work a lesser number of hours;
(c) fixing one or more days on which all employees will be off during a particular work cycle; or
(d) rostering employees off on various days of the week during a particular work cycle so that each employee has one or more days off during that cycle.
(a) by the employer giving one week's notice of the requirement to change the arrangement of hours or the shift roster;
(b) by the employer giving 48 hours' notice to the employee in the case of an emergency;
(c) by mutual agreement between the employees concerned and their employer; or
(d) at the discretion of the employer, by employees being permitted to exchange shifts or days off to perform duty for another employee. In such circumstances the employer is not required to make any additional payment.
Provided where an employee receives notice under clauses 13.5(a) or 13.5(b) and they raise significant concerns about the alteration of their hours of work due to their personal or family circumstances, the employer will consult with the employee about such concerns.
(i) Monday to Friday-7.00 am to 7.00 pm; and
(ii) Saturday-7.00 am to 1.00 pm.
(b) Flexibility in relation to day work hours
(i) The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/sections. Agreement in this respect may also be reached between the employer and an individual employee:
the spread of hours in clauses 13.6(a)(i) and 13.6(a)(ii) may be altered by up to one hour at one or both ends of the daily spread;
more than 10 hours and up to 12 hours of ordinary time may be worked per day, exclusive of meal breaks. The implementation of 12 hour days is subject to the provisions of clause 13.10; and
a roster may operate on the basis that the weekly average of 38 ordinary hours is worked over a period which exceeds 28 consecutive days but does not exceed 12 months.
(ii) Where an agreement is reached by the majority of employees it will apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.
(iii) Where an agreement is reached in accordance with clause 13.6(b), the agreement will be recorded in the time and wages records.
(c) Flexibility in relation to day work on Saturday afternoon and Sunday
(i) By agreement between an individual employee and the employer, the days on which ordinary hours are worked may include Saturday afternoon between 1.00 pm and 7.00 pm and Sunday between 7.00 am and 7.00 pm, subject to the penalty in clause 21.3.
(ii) Where an agreement is reached in accordance with clause 13.6(c)(i), the agreement will be recorded in the time and wages records.
(d) The provisions of clause 13.6(c) are not applicable to employees who work day work as part of a rotating roster which incorporates a cycle of day work, afternoon shifts and/or night shifts. In such circumstances, the ordinary hours of work will be worked at the discretion of the employer on any day of the week, Monday to Sunday, subject to clauses 13.5 and 21.3.
(e) Any work performed outside the spread of hours is to be paid at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours is to be regarded as part of the 38 ordinary hours of work.
(a) The provisions of clause 13.7 apply only to time worked on afternoon and night shifts and do not apply to time worked during the day.
(b) The ordinary hours of work for afternoon and night shiftworkers will be worked at the discretion of the employer on any days of the week, Monday to Sunday, subject to clause 13.5 and the penalty in clause 21.3.
(c) For the purposes of this award:
(i) Subject to clause 13.6(b), afternoon shift means any shift finishing after 7.00 pm and at or before midnight.
(ii) Night shift means any shift finishing after midnight and at or before 9.00 am.
(d) Shiftwork penalty rates are set out in clause 21.2.
More than 10 hours and up to 12 hours of ordinary time may be worked per shift, exclusive of meal breaks. The implementation of 12 hour shifts is subject to the provisions of clause 13.10.
A roster may operate on the basis that the weekly average of 38 ordinary hours is worked over a period which exceeds 28 consecutive days but does not exceed 12 months.
(ii) Where an agreement is reached by the majority of employees it will apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.
(iii) Where an agreement is reached in accordance with clause 13.7(e), the agreement will be recorded in the time and wages records.
(b) An employee on shiftwork may elect, with the consent of their employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time at the shiftwork rate which would have been applicable to the hours taken off.
(a) proper health monitoring procedures being introduced;
(b) suitable roster arrangements being made;
(c) proper supervision being provided;
(d) adequate breaks being provided; and
(e) an adequate trial or review process being implemented.
(a) paid at the rate of 150% of the ordinary hourly rate for the meal period; and
(b) permitted to have the employee's usual meal period as soon as possible after the prescribed meal period, without deduction from the employee's wage.
(i) employees may work in excess of 5 hours but not more than 6 hours without a meal break;
(ii) meal breaks may be for a period of less than 30 minutes, but not less than 20 minutes.
(b) Where an agreement is reached by the majority of employees, it will apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.
Employee classification Minimum weekly rate Minimum hourly rate
(full-time employees)
$ $
Customer Contact Trainee 865.20 22.77
Customer Contact Officer Level 1 893.60 23.52
Customer Contact Officer Level 2 940.90 24.76
Principal Customer Contact Specialist 991.40 26.09
Customer Contact Team Leader 1026.60 27.02
Principal Customer Contact Leader 1100.80 28.97
Employee classification Minimum weekly rate Minimum hourly rate
(full-time employees)
$ $
Clerical and Administration Level 1 865.20 22.77
Clerical and Administration Level 2 893.60 23.52
Clerical and Administration Level 3 940.90 24.76
Clerical and Administration Level 4 1026.60 27.02
Clerical and Administration Level 5 1100.80 28.97
Employee classification Minimum weekly rate Minimum hourly rate
(full-time employees)
$ $
Telecommunications Trainee 865.20 22.77
Telecommunications Technical Employee 940.90 24.76
Telecommunications Technician 999.00 26.29
Advanced Telecommunications Technician 1026.60 27.02
Principal Telecommunications Technician 1100.80 28.97
Telecommunications Associate 1189.50 31.30
NOTE: See Schedule B-Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
Age Percentage of adult rate
%
15 years 50
16 years 60
17 years 70
18 years and over 100
(b) Apprentices may be engaged in trades or occupations provided for in this award where recognised by a state or territory training authority.
(c) In any state in which a statute or regulation relating to apprentices is in force, that statute or regulation will operate provided that such provisions are not inconsistent with this award, in which case the provisions of this award will apply.
(d) In order to undertake trade training in accordance with clause 15.3 a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the relevant state or territory training authority or state or territory legislation. The employer will provide and/or provide access to, training consistent with the contract or training agreement without loss of pay.
(e) An apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement, the requirements of state or territory legislation and the requirements of the relevant state or territory training authority.
(f) The probationary period of an apprentice will be as set out in the training agreement or contract of apprenticeship consistent with the requirements of the relevant state or territory training authority and with state or territory legislation but will not exceed 3 months.
(g) Apprentices attending technical colleges, schools, registered training organisations or TAFE and presenting reports of satisfactory conduct will be reimbursed all fees paid by them.
(h) Except as provided in clause 15.3 or where otherwise stated, all conditions of employment specified in the award will apply to apprentices. Redundancy provisions will not apply to apprentices. The ordinary hours of employment of apprentices will not in each enterprise exceed those of the relevant tradesperson.
(i) No apprentices under the age of 18 years will be required to work overtime or shiftwork unless they so desire.
(j) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with the contract or training agreement.
(k) Subject to clause 15.3(l), the period of apprenticeship will be 4 years, except where the period is varied with the approval of the relevant state or territory training authority.
(l) Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship, except in respect of absences due to annual leave or long service leave. 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 will be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.
(m) Apprentice minimum rates
Year of apprenticeship Junior apprentice Adult apprentice
% of applicable adult rate % of applicable adult rate
1st year 42 42
2nd year 55 55
3rd year 75 75
4th year 88 88
Year of Junior apprentice Junior apprentice Adult apprentice
apprenticeship Not completed year 12 Completed year 12
% of adult Telecommunications Technician rate
1st year 50 55 80
2nd year 60 65 Telecommunications Trainee rate
3rd year 75 75 Telecommunications Trainee rate
4th year 88 88 88
(n) Notwithstanding clause 15.3(m) above, where a person has been employed by an employer under this award immediately prior to commencing their adult apprenticeship with that employer, for at least 6 months as a full-time employee, or 12 months as a part-time or regular casual employee, that person must not suffer a reduction in their minimum wage by virtue of commencing their adult apprenticeship. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 15.1 in which the adult apprentice was engaged immediately prior to commencing their adult apprenticeship.
(i) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 15.3(p) will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
(ii) For the purposes of clause 15.3(p) excess reasonable travel costs include the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 15.3(p) excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
(iii) The amount payable by an employer under clause 15.3(p) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
(b) Where an agreement is reached by the majority of employees it will apply to all the employees in the workplace or section/s to which the agreement applies.
(i) the employee's wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 16.5(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
(a) Principal Customer Contact Leader;
(b) Telecommunications Associate; or
(c) Clerical and Administration Level 5.
(i) clause 13-Ordinary hours of work and rostering;
(ii) clause 14-Breaks;
(iii) clause 15-Minimum rates;
(iv) clause 18-Allowances;
(v) clause 20-Overtime;
(vi) clause 21-Penalty rates;
(vii) clause 22.3(b)-Annual leave loading; and
(viii) clause 27.3-Payment for time worked on a public holiday.
(i) the annualised wage that is payable;
(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;
(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and
(iv) the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a pay period or roster cycle without being entitled to an amount in excess of the annualised wage in accordance with clause 17.2(c).
(b) The employer must each 12 months from the commencement of the annualised wage arrangement or upon the termination of employment of the employee calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.
(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement for the purpose of undertaking the comparison required by clause 17.3(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.
(a) All-purpose allowances
(i) Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave.
(ii) The Team leader/leading hand allowance (clause 18.3(b)) is paid for all purposes under this award.
(b) Team leader/leading hand allowance
In charge of $ per week
3-10 employees 41.31
11-20 employees 61.53
more than 20 employees 79.13
18.4 Expense-related allowances-all streams
(ii) Where an employee makes telephone calls in connection with the business on their private telephone at the direction of the employer, the employer must reimburse the cost of such calls. Provided that the employer may request details of all such calls claimed by the employee.
(ii) An employee is not entitled to a meal allowance if the employee:
is a day worker and was notified no later than the previous day that they would be required to work overtime;
is a shiftworker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime; or
lives in the same locality as the enterprise and could reasonably return home for meals.
(iii) If the employee has provided a meal or meals on the basis that they have been given notice to work overtime and the employee is not required to work overtime or is required to do less than the amount advised, they will be paid the prescribed meal allowance for the meal or meals.
(ii) Except as provided elsewhere in this award, an employee directed by the employer to travel in the employee's own time to transact company business will be paid travelling time and all expenses incurred while travelling in accordance with clause 18.4(e). Further, an employee sent by their employer from their usual locality to another and required to remain away from their usual residence will be paid expenses while so absent from their usual locality.
(iii) 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 will 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.
(ii) The travelling time to be paid will be a maximum of 12 hours out of every 24 hours, or where a sleeping berth is provided by the employer for all night travel, a maximum of 8 hours out of every 24.
(i) All fares reasonably incurred at the following standard:
Rail: first class (including the provision of a sleeping berth where available for all night travel);
Air: economy class for all journeys.
(ii) Reasonable expenses incurred while travelling including $14.94 for each meal taken (except where the cost of the meal is included in the fare).
(iii) Reimbursement of the cost incurred for accommodation of at least reasonable hotel/motel standard.
(ii) Where such employee is directed by the employer to another locality for employment which can be reasonably regarded as permanent and involving a change in residence and where the employee is in the process of buying a place of residence in that new location the employee will be provided with suitable accommodation for a period not exceeding 6 weeks.
(iii) Where the employee can show to the satisfaction of the employer that the employee has taken all reasonable steps to obtain a place of residence of a similar nature and standard to that which the employee previously enjoyed without success, then the abovementioned period may be extended to a period not exceeding 3 months.
(iv) Where an employee is not in the process of buying a place of residence, the employer must provide suitable accommodation for up to 4 weeks.
(v) The provisions of clauses 18.4(g)(i) to 18.4(g)(iv) will cease to apply immediately after the employee assumes a new place of residence or when the purchase has been completed, whichever is sooner.
(vi) For the purposes of clause 18.4(g), accommodation will be limited to the provision of suitable housing.
(b) The rights and obligations in these clauses supplement those in superannuation legislation.
(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months' written notice to their employer.
(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month.
(a) AustralianSuper;
(b) LUCRF;
(c) Tasplan;
(d) Sunsuper;
(e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(f) a superannuation fund or scheme which the employee is a defined benefit member of.
(a) Paid leave-while the employee is on any paid leave.
(b) Work related injury or illness-for the period of absence from work (subject to a maximum of 52 weeks in total) of the employee due to work related injury or work related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements; and
(ii) the employee remains employed by the employer.
(i) First 3 hours-150% of the ordinary hourly rate; and
(ii) After 3 hours-200% of the ordinary hourly rate.
(i) First 3 hours-187.5% of the ordinary hourly rate; and
(ii) After 3 hours-250% of the ordinary hourly rate.
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1(b) to the ordinary hourly rate before applying the overtime rates for full-time and part-time employees prescribed by clause 20.2(a).
(b) In such circumstances, the employee will receive payment at the rate prescribed in clause 20.2 for the actual time worked.
(i) The following conditions apply to an employee (other than a casual or part time employee) who works so much overtime that the employee will not have had at least 10 consecutive hours off duty between the end of the employee's ordinary hours of work on one day and the start of the employee's ordinary hours of work on the next day:
- the employee must be released from duty after that overtime is finished until the employee has had 10 consecutive hours off duty, and
- there will be no loss of pay for ordinary hours of work time which occur during this absence.
(ii) The following conditions apply to an employee who, on the instructions of the employer, resumes or continues work without having had 10 consecutive hours off duty in accordance with clause 20.5(b)(i):
- the employee must be paid 150% of the ordinary hourly rate for the first 3 hours and 200% of the ordinary hourly rate thereafter until released from duty;
- the employee is then entitled to be absent for 10 consecutive hours; and
- there will be no loss of pay for ordinary hours of work time which occur during this absence.
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iii) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;
(iv) that any payment mentioned in clause 20.6(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 20.6 is set out at Schedule F-Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule F-Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.6 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
EXAMPLE: By making an agreement under clause 20.6 an employee who worked 2 overtime hours is entitled to 2 hours' time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.6.
(i) for a minimum of half an hour at the appropriate overtime rate where such work commences between 5.00 am and 10.00 pm;
(ii) for a minimum of one hour at the appropriate overtime rate where such work commences after 10.00 pm and up to midnight; or
(iii) for a minimum of one and a half hours at the appropriate overtime rate where such work commences after midnight and before 5.00 am;
except where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary hours.
(a) Afternoon shift means any shift finishing after 7.00 pm and at or before midnight.
(i) during a period of engagement on shift, works night shift only; or
(ii) remains on night shift for a longer period than 4 consecutive weeks; or
(iii) works on a night shift which does not rotate or alternate with afternoon shift or with day work so as to give the employee at least one third of the working time off night shift in each shift cycle;
is entitled to 130% of the ordinary hourly rate for time worked on such permanent night shift. This penalty is in substitution for and not cumulative upon the night shift penalty prescribed in clause 21.2(b).
(i) between midnight on Friday and 7.00 am on Saturday; and
(ii) between 1.00 pm on Saturday and midnight on Sunday.
(b) In addition to the payment specified in clause 22.3(a), employees must be paid an annual leave loading of 17.5%.
(c) Where an employee would have received loadings, in accordance with clause 21-Penalty rates, had the employee not been on leave and such loadings would have entitled the employee to a greater amount than the loading of 17.5%, then the employee will be paid the greater amount instead of the 17.5% loading.
NOTE: Where an employee is receiving over-award payments such that the employee's base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks' paid annual leave (or 10 weeks' paid annual leave for a shiftworker, as defined by clause 22.2).
(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.
(c) Clause 22.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
(b) However, a direction by the employer under clause 22.6(a):
(i) is of no effect if it would result at any time in the employee's remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.5, 22.6 or 22.7 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 22.6(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.6(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 22.6(d) may result in the direction ceasing to have effect. See clause 22.6(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 22.7(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 22.6(a) that, when any other paid annual leave arrangements (whether made under clause 22.5, 22.6 or 22.7 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee's excessive leave accrual.
(c) A notice given by an employee under clause 22.7(a) must not:
(i) if granted, result in the employee's remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 22.5, 22.6 or 22.7 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 22.7(a) more than 4 weeks' paid annual leave (or 5 weeks' paid annual leave for a shiftworker, as defined by clause 22.2) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 22.7(a).
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee's parent or guardian.
NOTE: An example of the type of agreement required by clause 22.8 is set out at Schedule G-Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule G-Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.8 as an employee record.
(d) If, on the termination of the employee's employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 22.8, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
(b) An employer may close down for one or 2 periods. Where there is agreement between the employer and the majority of employees concerned, an employer may close down for more than 2 periods.
(c) An employee who has accrued sufficient leave to cover the period of the close down is allowed leave and is paid for that leave at the appropriate rate in accordance with clause 15-Minimum rates. An employee who has not accrued sufficient leave to cover part or all of the close-down is allowed paid leave for the period for which they have accrued sufficient leave and given unpaid leave for the remainder of the close-down.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.10.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 22.10 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 22.10 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee's parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee's remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 22.10 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 22.10.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.10.
NOTE 3: An example of the type of agreement required by clause 22.10 is set out at Schedule H-Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H-Agreement to Cash Out Annual Leave.
(b) An employer and employee may agree to substitute another part-day for a part day that would otherwise be a part-day public holiday under the NES.
(i) day work-250% of the ordinary hourly rate; and
(ii) afternoon and night shifts-200% of the ordinary hourly rate.
(b) The rate in clause 27.3(a) is in substitution for and not cumulative upon the penalties set out in clause 21-Penalty rates or the overtime rates in clause 20-Overtime.
(c) The payment required under clause 27.3(a) only applies to time which is worked on the actual public holiday day, i.e. midnight to midnight.
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
(b) major changes in the composition, operation or size of the employer's workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
(a) a shop steward, a delegate or an employee representative, duly elected or appointed by the employees in a workplace, generally or collectively, for all or part of a workplace, for the purpose of representing those employees in the dispute resolution procedure; and
(b) within the class and number of representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:
Number of employees employed by Maximum number of eligible employee
employer in enterprise or workplace representatives entitled per year
5-15 1
16-30 2
31-50 3
51-90 4
more than 90 5
(b) An employee must give the employer notice of termination in accordance with Table 1-Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
Column 1 Column 2
Employee's period of continuous service with the employer Period of notice
at the end of the day the notice is given
Not more than 1 year 1 week
More than 1 year but not more than 3 years 2 weeks
More than 3 years but not more than 5 years 3 weeks
More than 5 years 4 weeks
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(d) In clause 32.1(b) continuous service has the same meaning as in section 117 of the Act.
(e) If an employee who is at least 18 years old does not give the period of notice required under clause 32.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week's wages for the employee.
(f) If the employer has agreed to a shorter period of notice than that required under clause 32.1(b), then no deduction can be made under clause 32.1(d).
(g) Any deduction made under clause 32.1(d) must not be unreasonable in the circumstances.
(b) The time off under clause 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.
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