(d) Public holidays
[29.4(d) substituted by PR539248 ppc 01Aug13]
(i) Work on a public holiday must be compensated by payment at the rate of an additional 150%.
(ii) Provided that by mutual agreement of the employee and the employer, the employee (other than a casual) may be compensated for a particular public holiday by either:
(A) An equivalent day or equivalent time off instead without loss of pay. The time off must be taken within four weeks of the public holiday occurring, or it shall be paid out; or
(B) An additional day or equivalent time as annual leave.
(iii) The employee and employer are entitled to a fresh choice of payment or time off by agreement on each occasion work is performed on a public holiday.
(iv) If no agreement can be reached on the method of compensation, the default arrangement shall be as per clause 29.4(d)(i).
30. Shiftwork
[29 renumbered as 30 by PR998580 from 1Jul10]
30.1 Application of clause
(a) This clause will apply only to persons specifically employed as shiftworkers under this award.
(b) This clause does not apply to an employee who is employed as a non shiftworker and who does additional hours or overtime.
30.2 Shiftwork definition-other than Baking production employees
[29.2-Shiftwork definition renamed as Shiftwork definition-other than Baking production employees by PR994820 ppc 19Mar10]
(a) For the purposes of this clause shiftwork means a shift starting at or after 6.00 pm on one day and before 5.00 am on the following day.
(b) Shiftwork does not include a shift which starts and finishes on the same day within the span of ordinary hours specified in this award.
(c) All time between the actual commencing time and the actual ceasing time on any shift will count and will be paid for as time worked.
30.3 Rate of pay for shiftwork
(a) Any shiftwork performed between midnight Sunday and midnight Friday will be paid at the rate of 130% (155% for casuals) of the ordinary time rate of pay.
(b) Any shiftwork performed on a Saturday will be paid at the rate of 150% (175% for casuals) of the ordinary time rate of pay.
(c) Any shiftwork performed on a Sunday will be paid at the rate of 200% (225% for casuals) of the ordinary time rate of pay.
(d) Where an employee elects to work on a public holiday shift then the provisions set out in clause 29.4(d) will apply for all hours of the shift.
(e) For the purposes of this clause, where a shift falls partly on a public holiday, the shift which commences on the public holiday will be regarded as the public holiday shift. Provided that if the employee elects not to work on a public holiday shift such employee will be entitled to be absent without loss of pay.
(f) Provided that in any shop where it is mutually agreed between an employer and the majority of employees engaged under the provisions of this clause another shift may be substituted for the shift which commences on the holiday as the holiday shift and in such instance the provisions of clause 29.4(d) relating to such holiday will apply only to the day so substituted.
30.4 Baking production employees - Early morning shifts
[29.4 inserted by PR994820 ppc 19Mar10]
(a) A baking production employee who commences a shift at or after 2:00 am and before 6:00 am will be entitled to an early morning shift allowance of 12.5% (37.5% for casuals) for the shift.
(b) A baking production employee who commences a shift prior to 2:00 am will be entitled to a night shift allowance of 30% (55% for casuals) for the shift.
(c) The rates of pay for Saturday, Sunday and public holidays will be the same as for other shiftworkers.
(d) These allowances apply instead of shiftwork allowances and overtime payments for all hours up to 38 hours per week and nine hours per day.
30.5 Rest breaks and meal breaks
[29.4 renumbered as 29.5 by PR994820 ppc 19Mar10]
Notwithstanding the provision of clause 31.1(a) all rest pauses and meal breaks taken by shiftworkers are paid breaks and form part of the hours of work.
30.6 General operation of the award
[29.5 renumbered as 29.6 by PR994820 ppc 19Mar10]
Unless specifically modified by or contrary to the operation of this clause all provisions of this award apply to shiftworkers.
30.7 Rosters
[29.6 renumbered as 29.7 by PR994820 ppc 19Mar10]
(a) Shiftwork rosters cannot be varied so as to avoid the provision of the public holiday entitlements of shiftworkers.
(b) Rosters of shiftworkers cannot be arranged so as to have the shiftworker work both shiftwork and non shiftwork in the same week.
31. Breaks
[30 renumbered as 31 by PR998580 from 1Jul10; varied by PR504525, PR540640]
31.1 Breaks during work periods
(a) Breaks will be given as follows:
[31.1(a) varied by PR540640 ppc 23Aug13]
Hours worked Rest break Meal break
Work less than 4 hours No rest break No meal break
Work 4 hours or more but no more than 5 hours One 10 minute rest break No meal break
Work more than 5 hours but less than 7 hours One 10 minute rest break One meal break of at least 30 minutes but not more than 60 minutes.
Work 7 hours or more but less than 10 hours Two 10 minute rest breaks, with one taken in the first half of the work hours and the second taken in the second half of the work hours. One meal break of at least 30 minutes but not more than 60 minutes.
Work 10 hours or more Two 10 minute rest breaks, with one taken in the first half of the work hours and the second taken in the second half of the work hours. Two meal breaks each of at least 30 minutes but not more than 60 minutes.
(b) The timing of the taking of a rest break or meal break is intended to provide a meaningful break for the employee during work hours.
(c) An employee cannot be required to take a rest break or meal break within one hour of commencing or ceasing of work. An employee cannot be required to take a rest break(s) combined with a meal break.
[New 31.1(d) inserted by PR504525; corrected by PR505487 from 10Dec10]
(d) No employee can work more than 5 hours without a meal break.
[31.1(d), (e) and (f) renumbered as (e), (f) and (g) by PR504525; corrected by PR505487 from 10Dec10]
(e) The time of taking rest and meal breaks and the duration of meal breaks form part of the roster and are subject to the roster provisions of this award.
(f) Rest breaks are paid breaks and meal breaks (except for shiftworkers) are unpaid breaks.
(g) The award flexibility clause can be utilised to permit variations to this clause by agreement between the employer and employees.
31.2 Breaks between work periods
(a) All employees will be granted a 12 hour rest period between the completion of work on one day and the commencement of work on the next day. Work includes any reasonable additional hours or overtime.
(b) Where an employee recommences work without having had 12 hours off work then the employee will be paid at double the rate they would be entitled to until such time as they are released from duty for a period of 12 consecutive hours off work without loss of pay for ordinary time hours occurring during the period of such absence.
(c) By agreement between an employer and an employee or employees the period of 12 hours may be reduced to not less than 10 hours.
Part 6-Leave and Public Holidays
32. Annual leave
[31 renumbered as 32 by PR998580 from 1Jul10]
32.1 Annual leave is provided for in the NES.
32.2 Definition of shiftworker
For the purpose of the additional week of annual leave provided for in the NES, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for seven days a week.
32.3 Annual leave loading
(a) During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed in clause 17-Minimum weekly wages of this award. Annual leave loading is payable on leave accrued.
(b) The loading will be as follows:
(i) Day work
Employees who would have worked on day work only had they not been on leave-17.5% or the relevant weekend penalty rates, whichever is the greater but not both.
(ii) Shiftwork
Employees who would have worked on shiftwork had they not been on leave-a loading of 17.5% or the shift loading (including relevant weekend penalty rates) whichever is the greater but not both.
32.4 Paid leave in advance of accrued entitlement
An employer may allow an employee to take annual leave either wholly or partly in advance before the leave has accrued. Where paid leave has been granted to an employee in excess of the employee's accrued entitlement, and the employee subsequently leaves or is discharged from the service of the employer before completing the required amount of service to account for the leave provided in advance, the employer is entitled to deduct the amount of leave in advance still owing from any remuneration payable to the employee upon termination of employment.
32.5 Requirement to take leave notwithstanding terms of the NES
An employer may require an employee to take annual leave by giving at least four weeks' notice in the following circumstances:
(a) as part of a close-down of its operations; or
(b) where more than eight weeks' leave is accrued.
33. Personal/carer's leave and compassionate leave
[32 renumbered as 33 by PR998580 from 1Jul10]
33.1 Personal/carer's leave and compassionate leave are provided for in the NES.
33.2 Casual employees are entitled to be not available for work or to leave work to care for a person who is sick and requires care and support or who requires care due to an emergency.
33.3 Such leave is unpaid. A maximum of 48 hours absence is allowed by right with additional absence by agreement.
34. Public holidays
[33 renumbered as 34 by PR998580 from 1Jul10]
34.1 Public holidays are provided for in the NES.
34.2 An employer and a majority of employees may agree to substitute another day for a public holiday. If either the public holiday or the substitute day is worked, public holiday penalties must be paid. If both days are worked, one day at the election of the employee must be paid at public holiday rates.
35. Community service leave
[34 renumbered as 35 by PR998580 from 1Jul10]
Community service leave is provided for in the NES.
Schedule A-Transitional Provisions
[Varied by PR988390, PR994449, PR503607]
A.1 General
A.1.1 The provisions of this schedule deal with minimum obligations only.
[A.1.2 substituted by PR994449 from 01Jan10]
A.1.2 The provisions of this schedule are to be applied:
(a) when there is a difference, in money or percentage terms, between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;
(b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;
(c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument; or
(d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.
A.2 Minimum wages - existing minimum wage lower
A.2.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
[A.2.1(b) substituted by PR994449 from 01Jan10]
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.
A.2.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.
A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.
A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.3 Minimum wages - existing minimum wage higher
A.3.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
[A.3.1(b) substituted by PR994449 from 01Jan10]
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.
A.3.2 In this clause minimum wage includes:
(a) a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;
(b) a piecework rate; and
(c) any applicable industry allowance.
A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.
A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.
A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.
A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.4 Loadings and penalty rates
For the purposes of this schedule loading or penalty means a:
casual or part-time loading;
Saturday, Sunday, public holiday, evening or other penalty;
shift allowance/penalty.
A.5 Loadings and penalty rates - existing loading or penalty rate lower
[A.5.1 substituted by PR994449 from 01Jan10]
A.5.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.
[A.5.2 substituted by PR994449 from 01Jan10]
A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.
A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.
A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.6 Loadings and penalty rates - existing loading or penalty rate higher
[A.6.1 substituted by PR994449 from 01Jan10]
A.6.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:
(a) was obliged,
(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or
(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged
by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award, or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award, for any classification of employee.
[A.6.2 substituted by PR994449 from 01Jan10]
A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.
[A.6.3 substituted by PR994449 from 01Jan10]
A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award, the transitional percentage is the rate in A.6.2.
A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:
First full pay period on or after
1 July 2010 80%
1 July 2011 60%
1 July 2012 40%
1 July 2013 20%
A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.7 Loadings and penalty rates - no existing loading or penalty rate
[A.7.1 substituted by PR994449 from 01Jan10]
A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.
A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.
[A.7.3 substituted by PR994449 from 01Jan10]
A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:
First full pay period on or after
1 July 2010 20%
1 July 2011 40%
1 July 2012 60%
1 July 2013 80%
A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.
A.8 Former Division 2B employers
[A.8 inserted by PR503607 ppc 01Jan11]
A.8.1 This clause applies to an employer which, immediately prior to 1 January 2011, was covered by a Division 2B State award.
A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.
A.8.3 Subject to this clause, from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages, loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.
A.8.4 Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage, loading or penalty rate in this award, nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage, loading or penalty rate in this award.
A.8.5 Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage, loading or penalty rate in this award, nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage, loading or penalty rate in this award.
A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.
Schedule B-Classifications
[Sched B varied by PR988390, PR992724, PR540640]
B.1 Retail Employee Level 1
B.1.1 An employee performing one or more of the following functions at a retail establishment:
the receiving and preparation for sale and or display of goods in or about any shop;
the pre-packing or packing, weighing, assembling, pricing or preparing of goods or provisions or produce for sale;
the display, shelf filling, replenishing or any other method of exposure or presentation for sale of goods;
the sale or hire of goods by any means;
the receiving, arranging or making payment by any means;
the recording by any means of a sale or sales;
the wrapping or packing of goods for despatch and the despatch of goods;
the delivery of goods;
window dressing and merchandising;
loss prevention;
demonstration of goods for sale;
the provision of information, advice and assistance to customers;
the receipt, preparation, packing of goods for repair or replacement and the minor repair of goods;
all directly employed persons engaged in retail stores in cleaning, store greeting, security, lift attending, store cafeterias and food services;
Clerical Assistants functions Level 1; or
work which is incidental to or in connection with any of the above.
B.1.2 Retail Employees will undertake duties as directed within the limits of their competence, skills and training including incidental cleaning. The cleaning of toilets is not incidental cleaning except in the case of a take away food establishment.
[B.1.3 varied by PR540640 ppc 23Aug13]
B.1.3 Indicative job titles which are usually within the definition of a Retail Employee Level 1 are:
Shop Assistant,
Clerical Assistant,
Check-out Operator,
Store Worker,
Reserve Stock Hand,
Driver,
Boot/Shoe Repairer (Not Qualified),
Window Dresser (Not Qualified),
LPO,
Photographic Employee,
Store Greeter,
Assembler,
Ticket Writer (Not Qualified),
Trolley Collector,
Video Hire Worker,
Telephone Order Salesperson,
Door-to-door Salesperson, or Retail Outdoor Salesperson, and,
Demonstrator and/or Merchandiser not elsewhere classified (including a Demonstrator and/or Merchandiser who is not a direct employee of the retailer).
B.1.4 Clerical Assistant means an employee accountable for clerical and office tasks as directed within the skill levels set out.
B.1.5 Employees at this level may include the initial recruit who may have limited relevant experience. Initially work is performed under close direction using established practices, procedures and instructions.
B.1.6 Such employees perform routine clerical and office functions requiring an understanding of clear, straightforward rules or procedures and may be required to operate certain office equipment. Problems can usually be solved by reference to established practices, procedures and instructions.
B.1.7 Employees at this level are responsible and accountable for their own work within established routines, methods and procedures and the less experienced employee's work may be subject to checking at all stages. The more experienced employee may be required to give assistance to less experienced employees in the same classification.
B.1.8 Indicative typical duties and skills at this level may include:
reception/switchboard, e.g. directing telephone callers to appropriate staff, issuing and receiving standard forms, relaying internal information and initial greeting of visitors;
maintenance of basic records;
filing, collating, photocopying etc;
handling or distributing mail including messenger service;
recording, matching, checking and batching of accounts, invoices, orders, store requisitions etc; or
the operation of keyboard and other allied equipment in order to achieve competency as prescribed in Level 2.
B.2 Retail Employee Level 2
B.2.1 An employee performing work at a retail establishment at a higher skill level than a Retail Employee Level 1.
B.2.2 Indicative job titles which are usually within the definition of a Retail Employee Level 2 include:
Forklift Operator,
Ride on Equipment Operator.
B.3 Retail Employee Level 3
B.3.1 An employee performing work at a retail establishment at a higher level than a Retail Employee Level 2.
B.3.2 Indicative of the tasks which might be required at this level are the following:
Supervisory assistance to a designated section manager or team leader,
Opening and closing of premises and associated security,
Security of cash, or
Fitting of surgical corset.
B.3.3 Indicative job titles which are usually within the definition of a Retail Employee 3 include:
Machine operators,
2IC to Dept Manager,
Senior Salesperson,
Corsetiere,
Driver Selling Stock,
Cook (Not Qualified) in a cafeteria,
Senior LPO, including an armed LPO,
LPO Supervisor,
Designated second-in-charge of a section (i.e. senior sales assistant),
Designated second-in-charge to a service supervisor, or
Person employed alone, with responsibilities for the security and general running of a shop.
B.4 Retail Employee Level 4
B.4.1 An employee performing work at a retail establishment at a higher level than a Retail Employee Level 3.
B.4.2 Indicative of the tasks which might be required at this level are the following:
Management of a defined section/department,
Supervision of up to 4 sales staff (including self),
Stock control,
Buying/ordering requiring the exercise of discretion as to price, quantity, quality etc.,
An employee who is required to utilise the skills of a trades qualification for the majority of the time in a week, or
Clerical functions Level 2.
B.4.3 Indicative job titles which are usually within the definition of a Retail Employee 4 include:
[B.4.3 varied by PR992724 ppc 29Jan10]
An Assistant, Deputy, or 2IC Shop Manager of a shop without Departments,
An employee who is required to utilise the skills of a trades qualified person for the majority of the time in a week. This includes: Butcher, Baker, Pastry Cook, Florist,
An employee who has completed an appropriate trades course or holds an appropriate Certificate III and is required to use their qualifications in the course of their work,
A Qualified Auto Parts and Accessories Salesperson,
A Window Dresser (Cert III or equivalent experience),
A Boot/Shoe Repairer (Cert III),
A Shiftwork Supervisor,
Section/Department manager with up to 2 employees (including self),
Service Supervisor of up to 15 employees,
Nightfill Supervisor/Leader,
B.4.4 Clerical Officer Level 2 characteristics:
This level caters for the employees who have had sufficient experience and/or training to enable them to carry out their assigned duties under general direction.
Employees at this level are responsible and accountable for their own work which is performed within established guidelines. In some situations detailed instructions may be necessary. This may require the employee to exercise limited judgment and initiative within the range of their skills and knowledge.
The work of these employees may be subject to final checking and as required progress checking. Such employees may be required to check the work and/or provide guidance to other employees at a lower level and/or provide assistance to less experienced employees at the same level.
B.4.5 Indicative typical duties and skills at this level may include:
Reception/switchboard duties as in Level 1 and in addition responding to enquiries as appropriate, consistent with the acquired knowledge of the organisation's operations and services, and/or where presentation and use of interpersonal skills are a key aspect of the position.
Operation of computerised radio/telephone equipment, micro personal computer, printing devices attached to personal computer, dictaphone equipment, typewriter.
Word processing, e.g. the use of a word processing software package to create, format, edit, correct, print and save text documents, e.g. standard correspondence and business documents.
Stenographer/person solely employed to take shorthand and to transcribe by means of appropriate keyboard equipment.
Copy typing and audio typing.
Maintenance of records and/or journals including initial processing and recording relating to the following:
(i) reconciliation of accounts to balance;
(ii) incoming/outgoing cheques;
(iii) invoices;
(iv) debit/credit items;
(v) payroll data;
(vi) petty cash Imprest System;
(vii) letters etc.
Computer application involving use of a software package which may include one or more of the following functions:
(i) create new files and records;
(ii) spreadsheet/worksheet;
(iii) graphics;
(iv) accounting/payroll file;
(v) following standard procedures and using existing models/fields of information.
Arrange routine travel bookings and itineraries, make appointments.
Provide general advice and information on the organisation's products and services, e.g. front counter/telephone.
B.5 Retail Employee Level 5
B.5.1 An employee performing work in or in connection with a retail establishment at a higher level than a Retail Employee Level 4.
B.5.2 Indicative job titles which are usually within the definition of a Retail Employee 5 include:
A tradesperson in charge of other tradespersons within a section or department,
Service Supervisor (more than 15 employees).
B.6 Retail Employee Level 6
B.6.1 An employee performing work in or in connection with a retail establishment at a higher level than a Retail Employee Level 5.
B.6.2 Indicative job titles which are usually within the definition of a Retail Employee 6 include:
Section/Department manager with 5 or more employees (including self),
Manager/Duty Manager in a shop without Departments/Sections (may be under direction of person not exclusively involved in shop management),
[B.6.2 varied by PR992724 ppc 29Jan10]
Assistant or Deputy or 2IC Shop Manager of a shop with Departments/Sections,
Clerical Officer Level 3.
B.6.3 Clerical Officer Level 3 characteristics:
Employees at this level have achieved a standard to be able to perform specialised or non-routine tasks or features of the work. Employees require only general guidance or direction and there is scope for the exercise of limited initiative, discretion and judgment in carrying out their assigned duties.
Such employees may be required to give assistance and/or guidance (including guidance in relation to quality of work and which may require some allocation of duties) to employees in Levels 1 and 2 and would be able to train such employees by means of personal instruction and demonstration.
B.6.4 Indicative typical duties and skills at this level may include:
Prepare cash payment summaries, banking report and bank statements; calculate and maintain wage and salary records; follow credit referral procedures; apply purchasing and inventory control requirements; post journals to ledger.
Provide specialised advice and information on the organisation's products and services; respond to client/public/supplier problems within own functional area utilising a high degree of interpersonal skills.
*Apply one or more computer software packages developed for a micro personal computer or a central computer resource to either/or:
(i) create new files and records;
(ii) maintain computer based records management systems;
(iii) identify and extract information from internal and external sources;
(iv) use of advanced word processing/keyboard functions.
Arrange travel bookings and itineraries; make appointments; screen telephone calls; respond to invitations; organise internal meetings on behalf of executive(s); establish and maintain reference lists/personal contact systems for executive(s).
Application of specialist terminology/processes in professional offices.
*NOTE: These typical duties/skills may be either at Level 3 or Level 4 dependent upon the characteristics of that particular Level.
B.7 Retail Employee Level 7
B.7.1 An employee performing work in or in connection with a retail establishment at a higher level than a Retail Employee Level 6.
B.7.2 Indicative job titles which are usually within the definition of a Retail Employee Level 7 include:
Visual Merchandiser (diploma),
Clerical Officer Level 4.
B.7.3 Clerical Officer Level 4 characteristics:
Employees at this level will have achieved a level of organisation or industry specific knowledge sufficient for them to give advice and/or information to the organisation and clients in relation to specific areas of their responsibility. They would require only limited guidance or direction and would normally report to more senior staff as required. Whilst not a pre-requisite, a principal feature of this level is supervision of employees in lower levels in terms of responsibility for the allocation of duties, co-ordinating work flow, checking progress, quality of work and resolving problems.
They exercise initiative, discretion and judgment at times in the performance of their duties.
They are able to train employees in Clerical Levels 1-3 by personal instruction and demonstration.
B.7.4 Indicative typical duties and skills at this level may include:
Secretarial/Executive support services which may include the following: maintain executive diary; attend executive/organisational meetings and take minutes; establish and/or maintain current working and personal filing systems for executive; answer executive correspondence from verbal or handwritten instructions.
Able to prepare financial/tax schedules, calculate costings and/or wage and salary requirements; complete personnel/payroll data for authorisation; reconciliation of accounts to balance.
Advise on/provide information on one or more of the following:
(i) employment conditions
(ii) workers compensation procedures and regulations
(iii) superannuation entitlements, procedures and regulations
*Apply one or more computer software packages, developed for a micro personal computer or a central computer resource to either/or:
(i) create new files and records;
(ii) maintain computer based management systems;
(iii) identify and extract information from internal and external sources;
(iv) use of advanced word processing/keyboard functions.
*NOTE: These typical duties/skills may be either at Level 3 or Level 4 dependent upon the characteristics of that particular Level.
B.8 Retail Employee Level 8
B.8.1 An employee performing work in or in connection with a retail establishment at a higher level than a Retail Employee Level 7.
B.8.2 A person with a Diploma qualification.
B.8.3 Indicative job titles which are usually within the definition of a Retail Employee 8 include:
[B.8.3 varied by PR992724 ppc 29Jan10]
A Shop Manager of a shop with Departments/Sections, or
Clerical Officer Level 5.
B.8.4 Clerical Officer Level 5 characteristics:
Employees at this level are subject to broad guidance or direction and would report to more senior staff as required.
Such employees will typically have worked or studied in a relevant field and will have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to advise on a range of activities and features and contribute, as required, to the determination of objectives, within the relevant field(s) of their expertise.
They are responsible and accountable for their own work and may have delegated responsibility for the work under their control or supervision, in terms of, among other things, scheduling workloads, resolving operations problems, monitoring the quality of work produced as well as counselling staff for performance as well as work related matters.
They would also be able to train and to supervise employees in lower levels by means of personal instruction and demonstration. They would also be able to assist in the delivery of training courses. They often exercise initiative, discretion and judgment in the performance of their duties.
The possession of relevant post secondary qualifications may be appropriate but not essential.
B.8.5 Indicative typical duties and skills at this level may include:
Apply knowledge of organisation's objectives, performance, projected areas of growth, product trends and general industry conditions.
Application of computer software packages within either a micropersonal computer or a central computer resource including the integration of complex word processing/desktop publishing, text and data documents.
Provide reports for management in any or all of the following areas:
(i) account/financial
(ii) staffing
(iii) legislative requirements
(iv) other company activities.
Administer individual executive salary packages, travel expenses, allowances and company transport; administer salary and payroll requirements of the organisation.
Schedule C-Supported Wage System
[Varied by PR988390; Sched C substituted by PR994449 ppc 01Jan10; varied by PR994449, PR998748, PR510670, PR525068, PR537893, PR542124, PR551831]
C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
C.2 In this schedule:
approved 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
assessment instrument means the tool 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
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 (Cth), as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Education, Employment and Workplace Relations that records the employee's productive capacity and agreed wage rate
C.3 Eligibility criteria
C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
C.4 Supported wage rates
C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
Assessed capacity (clause C.5)
% Relevant minimum wage
%
10 10
20 20
30 30
40 40
50 50
60 60
70 70
80 80
90 90
[C.4.2 varied by PR998748, PR510670, PR525068, PR537893, PR551831 ppc 01Jul14]
C.4.2 Provided that the minimum amount payable must be not less than $80 per week.
C.4.3 Where an employee's assessed capacity is 10%, they must receive a high degree of assistance and support.
C.5 Assessment of capacity
C.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
C.6 Lodgement of SWS wage assessment agreement
[C.6.1 varied by PR542124 ppc 04Dec13]
C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
[C.6.2 varied by PR542124 ppc 04Dec13]
C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
C.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
C.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
C.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
C.10 Trial period
C.10.1 In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[C.10.3 varied by PR998748, PR510670, PR525068, PR537893, PR551831 ppc 01Jul14]
C.10.3 The minimum amount payable to the employee during the trial period must be no less than $80 per week.
C.10.4 Work trials should include induction or training as appropriate to the job being trialled.
C.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 C.5.
Schedule D-National Training Wage
[Varied by PR988390; PR997881, PR509035, PR522866, PR536669, PR545787, PR551592]
[Sched D substituted by PR994449 ppc 1Jan10]
D.1 Title
This is the National Training Wage Schedule.
D.2 Definitions
In this schedule:
adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A, B or C if covered by that wage level
approved training means the training specified in the training contract
Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training
out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:
(a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;
(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and
(c) not include any period during a calendar year in which a year of schooling is completed
relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation
relevant State or Territory vocational education and training legislation means the following or any successor legislation:
Australian Capital Territory: Training and Tertiary Education Act 2003;
New South Wales: Apprenticeship and Traineeship Act 2001;
Northern Territory: Northern Territory Employment and Training Act 1991;
Queensland: Vocational Education, Training and Employment Act 2000;
South Australia: Training and Skills Development Act 2008;
Tasmania: Vocational Education and Training Act 1994;
Victoria: Education and Training Reform Act 2006; or
Western Australia: Vocational Education and Training Act 1996
trainee is an employee undertaking a traineeship under a training contract
traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level qualification
training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth, State and Territory Ministers responsible for vocational education and training, and includes any relevant replacement training package
year 10 includes any year before Year 10
D.3 Coverage
D.3.1 Subject to clauses D.3.2 to D.3.6 of this schedule, this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix D1 to this schedule or by clause D.5.4 of this schedule.
D.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix D1 to this schedule.
D.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.
D.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.
D.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships, the other terms and conditions of this award prevail.
D.3.6 At the conclusion of the traineeship, this schedule ceases to apply to the employee.
D.4 Types of Traineeship
The following types of traineeship are available under this schedule:
D.4.1 a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary hours being approved training; and
D.4.2 a part-time traineeship based on less than 38 ordinary hours per week, with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job, or where training is fully off-the-job.
D.5 Minimum Wages
[D.5 substituted by PR997881, PR509035, PR522866, PR536669, PR551592 ppc 01Jul14]
D.5.1 Minimum wages for full-time traineeships
(a) Wage Level A
Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix D1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per week per week per week
$ $ $
School leaver 287.90 317.10 377.80
Plus 1 year out of school 317.10 377.80 439.60
Plus 2 years out of school 377.80 439.60 511.60
Plus 3 years out of school 439.60 511.60 585.80
Plus 4 years out of school 511.60 585.80
Plus 5 or more years out of school 585.80
(b) Wage Level B
Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix D1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per week Per week per week
$ $ $
School leaver 287.90 317.10 367.60
Plus 1 year out of school 317.10 367.60 422.80
Plus 2 years out of school 367.60 422.80 495.80
Plus 3 years out of school 422.80 495.80 565.60
Plus 4 years out of school 495.80 565.60
Plus 5 or more years out of school 565.60
(c) Wage Level C
Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix D1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per week per week per week
$ $ $
School leaver 287.90 317.10 367.60
Plus 1 year out of school 317.10 367.60 413.80
Plus 2 years out of school 367.60 413.80 462.20
Plus 3 years out of school 413.80 462.20 515.00
Plus 4 years out of school 462.20 515.00
Plus 5 or more years out of school 515.00
(d) AQF Certificate Level IV traineeships
(i) Subject to clause D.5.3 of this schedule, the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clause D.5.3 of this schedule, the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
Wage level First year of traineeship Second and subsequent years of traineeship
per week per week
$ $
Wage Level A 608.30 631.90
Wage Level B 586.90 609.50
Wage Level C 534.10 554.30
D.5.2 Minimum wages for part-time traineeships
(a) Wage Level A
Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix D1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per hour per hour per hour
$ $ $
School leaver 9.47 10.44 12.43
Plus 1 year out of school 10.44 12.43 14.47
Plus 2 years out of school 12.43 14.47 16.83
Plus 3 years out of school 14.47 16.83 19.26
Plus 4 years out of school 16.83 19.26
Plus 5 or more years out of school 19.26
(b) Wage Level B
Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix D1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per hour per hour per hour
$ $ $
School leaver 9.47 10.44 12.10
Plus 1 year out of school 10.44 12.10 13.91
Plus 2 years out of school 12.10 13.91 16.32
Plus 3 years out of school 13.91 16.32 18.61
Plus 4 years out of school 16.32 18.61
Plus 5 or more years out of school 18.61
(c) Wage Level C
Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix D1 are:
Highest year of schooling completed
Year 10 Year 11 Year 12
per hour per hour per hour
$ $ $
School leaver 9.47 10.44 12.10
Plus 1 year out of school 10.44 12.10 13.61
Plus 2 years out of school 12.10 13.61 15.20
Plus 3 years out of school 13.61 15.20 16.94
Plus 4 years out of school 15.20 16.94
Plus 5 or more years out of school 16.94
(d) School-based traineeships
Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I-III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A, B or C by Appendix D1 are as follows when the trainee works ordinary hours:
Year of schooling
Year 11 or lower Year 12
per hour per hour
$ $
9.47 10.44
(e) AQF Certificate Level IV traineeships
(i) Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.
(ii) Subject to clauses D.5.2(f) and D.5.3 of this schedule, the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows, provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:
Wage level First year of traineeship Second and subsequent years of traineeship
per hour per hour
$ $
Wage Level A 20.01 20.79
Wage Level B 19.29 20.04
Wage Level C 17.57 18.24
(f) Calculating the actual minimum wage
(i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week, the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses D.5.2(a)-(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.
(ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation, for example at school or at TAFE, the relevant minimum wage in clauses D.5.2(a)-(e) of this schedule applies to each ordinary hour worked by the trainee.
(iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job, the relevant minimum wage in clauses D.5.2(a)-(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.
D.5.3 Other minimum wage provisions
(a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.
(b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship, or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship, then the trainee must be paid the next highest minimum wage provided in this schedule, where a higher minimum wage is provided for the new AQF certificate level.
D.5.4 Default wage rate
The minimum wage for a trainee undertaking an AQF Certificate Level I-III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix D1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I-III traineeship whose training package and AQF certificate level are allocated to Wage Level B.
D.6 Employment conditions
D.6.1 A trainee undertaking a school-based traineeship may, with the agreement of the trainee, be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave, paid personal/carer's leave and paid absence on public holidays, provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.
D.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in, or associated with, the training contract.
D.6.3 Time spent by a trainee, other than a trainee undertaking a school-based traineeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee's wages and determining the trainee's employment conditions.
[Note inserted by PR545787 ppc 01Jan14]
Note: The time to be included for the purpose of calculating the wages for part time trainees whose approved training is fully off the job is determined by clause D.5.2(f)(ii) and not by this clause.
D.6.4 Subject to clause D.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.
Appendix D1: Allocation of Traineeships to Wage Levels
The wage levels applying to training packages and their AQF certificate levels are:
D1.1 Wage Level A
Training package AQF certificate level
Aeroskills II
Aviation I
II
III
Beauty III
Business Services I
II
III
Chemical, Hydrocarbons and Refining I
II
III
Civil Construction III
Coal Training Package II
III
Community Services II
III
Construction, Plumbing and Services Integrated Framework I
II
III
Correctional Services II
III
Drilling II
III
Electricity Supply Industry-Generation Sector II
III (in Western Australia only)
Electricity Supply Industry-Transmission, Distribution and Rail Sector II
Electrotechnology I
II
III (in Western Australia only)
Financial Services I
II
III
Floristry III
Food Processing Industry III
Gas Industry III
Information and Communications Technology I
II
III
Laboratory Operations II
III
Local Government (other than Operational Works Cert I and II) I
II
III
Manufactured Mineral Products III
Manufacturing I
II
III
Maritime I
II
III
Metal and Engineering (Technical) II
III
Metalliferous Mining II
III
Museum, Library and Library/Information Services II
III
Plastics, Rubber and Cablemaking III
Public Safety III
Public Sector II
III
Pulp and Paper Manufacturing Industries III
Retail Services (including wholesale and Community pharmacy) III
Telecommunications II
III
Textiles, Clothing and Footwear III
Tourism, Hospitality and Events I
II
III
Training and Assessment III
Transport and Distribution III
Water Industry (Utilities) III
D1.2 Wage Level B
Training package AQF certificate level
Animal Care and Management I
II
III
Asset Maintenance I
II
III
Australian Meat Industry I
II
III
Automotive Industry Manufacturing II
III
Automotive Industry Retail, Service and Repair I
II
III
Beauty II
Caravan Industry II
III
Civil Construction I
Community Recreation Industry III
Entertainment I
II
III
Extractive Industries II
III
Fitness Industry III
Floristry II
Food Processing Industry I
II
Forest and Forest Products Industry I
II
III
Furnishing I
II
III
Gas Industry I
II
Health II
III
Local Government (Operational Works) I
II
Manufactured Mineral Products I
II
Metal and Engineering (Production) II
III
Outdoor Recreation Industry I
II
III
Plastics, Rubber and Cablemaking II
Printing and Graphic Arts II
III
Property Services I
II
III
Public Safety I
II
Pulp and Paper Manufacturing Industries I
II
Retail Services I
II
Screen and Media I
II
III
Sport Industry II
III
Sugar Milling I
II
III
Textiles, Clothing and Footwear I
II
Transport and Logistics I
II
Visual Arts, Craft and Design I
II
III
Water Industry I
II
D1.3 Wage Level C
Training package AQF certificate level
Agri-Food I
Amenity Horticulture I
II
III
Conservation and Land Management I
II
III
Funeral Services I
II
III
Music I
II
III
Racing Industry I
II
III
Rural Production I
II
III
Seafood Industry I
II
III
Schedule E-School based Apprentices
[Sched E inserted by PR998580 from 1Jul10; varied by PR544243]
E.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
E.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
E.3 The relevant minimum wages for full-time junior and adult apprentices provided for in this award, calculated hourly, will apply to school-based apprentices for total hours worked including time deemed to be spent in off-the-job training.
E.4 For the purposes of clause E.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
E.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
E.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
E.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed six years.
[E.8 substituted by PR544243 ppc 01Jan14]
E.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each two years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.
[E.9 substituted by PR544243 ppc 01Jan14]
E.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years (unless the apprenticeship is of three years duration) or stages of competency based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
[E.10 substituted by PR544243 ppc 01Jan14]
E.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
E.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule F-2013 Part-day public holidays
[Sched F inserted by PR532630 ppc 23Nov12; renamed and varied by PR544519 ppc 21Nov13]
This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
F.1 Where a part-day public holiday is declared or prescribed between 7.00pm and midnight on Christmas Eve (24 December 2013) or New Year's Eve (31 December 2013) the following will apply on Christmas Eve and New Year's Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:
(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.
(b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight but as a result of exercising their right under the NES does not work, they will be paid their ordinary rate of pay for such hours not worked.
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight but as a result of being on annual leave does not work, they will be taken not to be on annual leave between those hours of 7.00pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.
(d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00pm and midnight, but as a result of having a rostered day off (RDO) provided under this award, does not work, the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.
(e) Excluding annualised salaried employees to whom clause F.1(f) applies, where an employee works any hours between 7.00pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday, they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00pm and midnight.
(g) An employee not rostered to work between 7.00pm and midnight, other than an employee who has exercised their right in accordance with clause F.1(a), will not be entitled to another day off, another day's pay or another day of annual leave as a result of the part-day public holiday.
This schedule is not intended to detract from or supplement the NES.
This schedule is an interim provision and subject to further review.