32.2 Definitions
(a) In this clause:
family and domestic violence means violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.
family member means:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or
(ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or
(iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
(b) A reference to a spouse or de facto partner in the definition of family member in clause 32.2(a) includes a former spouse or de facto partner.
32.3 Entitlement to unpaid leave
An employee is entitled to 5 days' unpaid leave to deal with family and domestic violence, as follows:
(a) the leave is available in full at the start of each 12 month period of the employee's employment; and
(b) the leave does not accumulate from year to year; and
(c) is available in full to part-time and casual employees.
Note: 1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer.
2. The employer and employee may agree that the employee may take more than 5 days' unpaid leave to deal with family and domestic violence.
32.4 Taking unpaid leave
An employee may take unpaid leave to deal with family and domestic violence if the employee:
(a) is experiencing family and domestic violence; and
(b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work.
Note: The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation), attending urgent court hearings, or accessing police services.
32.5 Service and continuity
The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee's continuity of service.
32.6 Notice and evidence requirements
(a) Notice
An employee must give their employer notice of the taking of leave by the employee under clause 32. The notice:
(i) must be given to the employer as soon as practicable (which may be a time after the leave has started); and
(ii) must advise the employer of the period, or expected period, of the leave.
(b) Evidence
An employee who has given their employer notice of the taking of leave under clause 32 must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 32.4.
Note: Depending on the circumstances such evidence may include a document issued by the police service, a court or a family violence support service, or a statutory declaration.
32.7 Confidentiality
(a) Employers must take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided under clause 32.6 is treated confidentially, as far as it is reasonably practicable to do so.
(b) Nothing in clause 32 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the employee or another person.
Note: 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.
32.8 Compliance
An employee is not entitled to take leave under clause 32 unless the employee complies with clause 32.
Schedule A-Transitional Provisions
A.1.1 The provisions of this schedule deal with minimum obligations only.
[A.1.2 substituted by PR994523 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,
(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,
(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 PR994523 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 PR994523 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 PR994523 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 PR994523 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 PR994523 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 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 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 PR503733 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-Classification Definitions
B.1 Classification/reclassification
B.1.1 In order to assist in the classification or reclassification of employees, the following will apply:
(a) where the employee has the relevant qualification recognised as a minimum training requirement for the level at which the employee seeks to be classified; and
(b) the employee is exercising or will be required to exercise the skills and knowledge gained from the qualification necessary for that level of work;
(c) the employee must be classified appropriately.
B.2 Classification definitions
B.2.1 Electrical worker grade 1
An Electrical worker grade 1 is a labourer not otherwise provided for in this award, who is doing labouring work and employed as such.
B.2.2 Electrical worker grade 2
(a) An Electrical worker grade 2 is an employee who is engaged in assisting a tradesperson, provided that such assistance must not include the work of a tradesperson.
(b) Without limiting the scope of the work, an employee may perform the following tasks to the level of the employee's training:
unskilled tasks as directed;
cut to specified lengths-ducting, unistrut, conduit and other cable and support systems;
paint cable trays, ducts and conduits;
chase walls as marked by a tradesperson;
is an employee who is engaged in the clearance of vegetation in the vicinity of overhead power distribution lines.
(c) Definitions applying to this grade of worker prior to 5 October 1990:
Trades assistant;
Lines assistant;
Cable jointers mate/assistant; and
Line clearance operator.
B.2.3 Electrical worker grade 3
(a) An Electrical worker grade 3 is an employee who works under direction and may be required to perform the work of an Electrical worker grade 2; and
(b) Without limiting the scope of the work, the employee may perform the work described below to the level of the employee's training:
(i) is engaged in storework; or
(ii) is qualified and required to drive or operate the employer's vehicles, machinery, plant or equipment incidental to the employee's primary task or functions; or
(iii) inspects and tests fire alarm or security alarm equipment; or
(iv) under the supervision of a tradesperson or electronics serviceperson:
installs radio, communications and related equipment including antenna; or
installs fire alarm or security alarm equipment; or
installs data and communication cabling.
(c) Provided that this person must not undertake tasks requiring the skills of a tradesperson.
B.2.4 Electrical worker grade 4
(a) An Electrical worker grade 4 is an employee who:
(i) has worked for not less than one year in the industry or holds the equivalent experience and without limiting the scope of the work and to the level of the employee's training is an employee who is accredited to perform:
scaffolding or rigging; or
is directly in charge of an electrical store and responsible for materials, ordering and purchasing; or
(ii) has worked for not less than one year as an Electrical worker grade 3 or has the equivalent experience in the installation of electronics equipment and who, under the minimum supervision of a tradesperson or electronics serviceperson:
installs radio, communications and related equipment including antenna; or
installs fire alarm or security alarm equipment; or
installs, terminates and tests data and communication cabling; or
inspects and tests fire alarms or security alarm equipment involving a range of responsibility beyond that of an Electrical worker grade 3 and works without assistance and supervision; or
holds a restricted electrical registration (SA only).
(b) Provided that this person must not undertake tasks requiring the skills of a tradesperson.
(c) Included in this grade is the work of Purchasing clerk/storeperson and Electronic equipment installer level 2.
(d) Definitions applying to this grade of worker prior to 5 October 1990.
Alarm/security tester grade 2
Restricted B class licensed electrical worker
Purchasing clerk/storeperson.
B.2.5 Electrical worker grade 5
(a) An Electrical worker grade 5 is employed to use the skills acquired through the training specified below and is an employee who:
(i) holds a trade certificate or tradesperson's rights certificate, in an electrical trade; or
(ii) holds an AQF Certificate Level 3 in Electrotechnology in one of the following:
systems electrician; or
assembly and servicing; or
(iii) has successfully completed an appropriate trade course or who has otherwise reached an equivalent standard of skills and knowledge in communications/electronics; or
(iv) holds an AQF Certificate Level 3 in Electrotechnology in one of the following:
building services;
communications;
computer systems;
data communications;
entertainment and servicing;
scanning; or
(v) has successfully completed an appropriate instrumentation trade course; or an AQF Certificate Level 3 in Electrotechnology Instrumentation; or
(vi) holds an appropriate electrical/refrigeration/air-conditioning trade certificate; or an AQF Certificate Level 3 in Electrotechnology Refrigeration and Air-conditioning; or
(vii) has successfully completed an appropriate trade course in linework or cable jointing, or an AQF Certificate Level 3 in Transmission Powerline or ESI Distribution Powerline; or has otherwise reached an equivalent standard of skills and knowledge.
(b) Included in this grade is the work of:
Electrical tradesperson level 1;
Electronic/communications serviceperson level 1;
Instrument tradesperson level 1;
Refrigeration/air-conditioning tradesperson level 1;
Linesperson/cable jointer level 1; and
Electrical tradesperson powerline level 1 (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
Cable jointer;
Electrical mechanic;
Electrical fitter;
Linesman tradesperson;
Alarm security tester grade 3;
Alarm security technician grade 1;
Electronic serviceperson grade 1;
Television/radio/electronic serviceperson grade 1;
Appliance serviceperson; and
Refrigeration mechanic or serviceperson class 1.
B.2.6 Electrical worker grade 6
(a) An Electrical worker grade 6 is an Electrical worker grade 5 who in addition has:
(i) successfully completed three appropriate training modules or 33% of the qualification specified for grade 7 or its equivalent; or
(ii) equivalent structured in-house training relevant to the employer's business or enterprise as agreed between the parties to the award; and
(iii) acquired an equivalent standard of skills as defined in B.2.6(a)(i) through other means including a minimum of one year's experience as an Electrical worker grade 5; or
(iv) is employed to use the skills acquired through the training or experience specified.
(b) Included in this grade is the work of:
Electrical tradesperson level 2;
Electronic/communications serviceperson level 2;
Instrument tradesperson level 2;
Refrigeration/air-conditioning tradesperson level 2;
Linesperson/cable jointer level 2; and
Electrical tradesperson powerline level 2 (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
Alarm/security technician grade 2;
Electronic serviceperson grade 2;
Television/radio/electronic serviceperson grade 2;
Instrument tradesperson; and
Refrigeration mechanic or serviceperson class 2.
B.2.7 Electrical worker grade 7
B.2.7 Electrical worker grade 7
(a) An Electrical worker grade 7 is an Electrical worker grade 5 who:
(i) has successfully completed a Post Trade Certificate or nine appropriate modules towards an Advanced Certificate or AQF Diploma in Electrotechnology; or their equivalent; or
(ii) has successfully completed an AQF Certificate Level IV in Electrotechnology, or
(iii) has acquired the same standard of skills through other means including a minimum of two years' experience in the industry; and
(iv) is employed to use the skills acquired through the training and/or experience specified.
(b) Included in this grade is the work of:
Electrician special class;
Electronic/communications serviceperson special class;
Instrument tradesperson special class refrigeration/air-conditioning tradesperson special class;
Linesperson/cable jointer special class; and
Electrical tradesperson powerline special class (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
Electrician special class;
Alarm/security technician grade 3;
Electronic serviceperson grade 3;
Television/radio/electronic serviceperson grade 3; and
Refrigeration mechanic or serviceperson class 3.
B.2.8 Electrical worker grade 8
(a) An Electrical worker grade 8 is an Electrical worker grade 5 who has successfully completed:
(i) a Post Trade Certificate or nine appropriate modules towards an Advanced Certificate or an AQF Diploma in Electrotechnology or their equivalent; or
(ii) an AQF Certificate Level IV in Electrotechnology; and
(iii) in addition, has had not less than two years' experience as an Electrical worker grade 7 and is employed to use the skills acquired through the training and/or experience specified.
(b) Included in this grade is the work of:
Advanced electrical tradesperson level 1;
Advanced electronic/communications serviceperson level 1;
Advanced instrument tradesperson level 1; and
Advanced electrical tradesperson powerline level 1 (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
Electronic tradesperson grade 1.
B.2.9 Electrical worker grade 9
(a) An Electrical worker grade 9 is an Electrical worker grade 5 who has successfully completed:
(i) an appropriate Advanced Certificate; or
(ii) an AQF Diploma in Electrotechnology; or
(iii) their formal equivalent; and
(iv) is employed to use the skills acquired through the training and/or experience specified.
(b) Included in this grade is the work of:
Advanced electrical tradesperson level 2;
Advanced electronic/communications serviceperson level 2;
Advanced instrument tradesperson level 2;
Advanced refrigeration/air-conditioning tradesperson level 2; and
Advanced electrical tradesperson powerline level 2 (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
Electronic tradesperson grade 2;
Alarm/security technician grade 4;
Electronic serviceperson grade 4; and
Television/radio/electronic serviceperson grade 4.
B.2.10 Electrical worker grade 10
(a) An Electrical worker grade 10 is an Electrical worker grade 5 who has successfully completed:
(i) an appropriate Associate Diploma; or
(ii) an AQF Advanced Diploma, or:
(iii) their formal equivalent; and
(iv) is employed to use the skills acquired through the training and/or experience specified.
(b) Included in this grade is the work of:
Advanced electrical tradesperson level 3;
Advanced electronic serviceperson level 3;
Advanced instrument tradesperson level 3;
Advanced refrigeration/air conditioning tradesperson level 3; and
Advanced electrical tradesperson powerline level 3 (SA only).
(c) Definitions applying to this grade of worker prior to 5 October 1990:
Electronic serviceperson grade 3.
B.3 Australian Qualifications Framework (AQF) qualifications
B.3.1 Where this award refers to AQF qualifications in:
(a) Electrotechnology; or
(b) Electricity Supply Industry Transmission and Distribution;
the National Electrotechnology Training Packages or the Training Packages for the Electricity Supply Industry-Transmission and Distribution and the preferred training models to achieve those qualifications will be those determined from time to time by the National Utilities and Electrotechnology Industry Training Advisory Body and endorsed by the National Training Framework Committee.
B.3.2 The Australian Qualifications Framework (AQF) provides a comprehensive, nationally consistent yet flexible framework for all qualifications in Australia. A qualification is defined as "formal certification, issued by a relevant approved body, in recognition that a person has achieved learning outcomes or competencies relevant to identified individual, professional, industry or community needs".
Schedule C - Supported Wage System
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, 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 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 Social Services 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 Provided that the minimum amount payable must be not less than $87 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 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 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 The minimum amount payable to the employee during the trial period must be no less than $87 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
deleted
Schedule E-School-based Apprentices
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 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 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 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 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-Part-day Public Holidays
This schedule operates in conjunction with award provisions dealing with public holidays.
F.1 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year's Eve (31 December in each year) 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 on the declared or prescribed part-day public holiday 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.
[F.1(c) substituted by PR715080 ppc 18Nov19]
(c) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of being on annual leave does not work, they will be taken not to be on annual leave during the hours of the declared or prescribed part-day public holiday 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 on the declared or prescribed part-day public holiday, 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) Where an employee works any hours on the declared or prescribed part-day public holiday they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.
(f) An employee not rostered to work on the declared or prescribed part-day public holiday, 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.
(g) Nothing in this schedule affects the right of an employee and employer to agree to substitute public holidays.
[F.2 inserted by PR712191 ppc 04Oct19]
F.2 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.
This schedule is not intended to detract from or supplement the NES.
Schedule G-Agreement to Take Annual Leave in Advance
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:
The amount of leave to be taken in advance is: ____ hours/days
The leave in advance will commence on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
[If the employee is under 18 years of age - include:]
I agree that:
if, on termination of the employee's employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then 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.
Name of parent/guardian: ________________________________________
Signature of parent/guardian: ________________________________________
Date signed: ___/___/20___
Schedule H-Agreement to Cash Out Annual Leave
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree to the employee cashing out a particular amount of the employee's accrued paid annual leave:
The amount of leave to be cashed out is: ____ hours/days
The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)
The payment will be made to the employee on: ___/___/20___
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___
Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________
Signature of parent/guardian: ________________________________________
Date signed: ___/___/20___
Schedule I-Agreement for Time Off Instead of Payment for Overtime
Name of employee: _____________________________________________
Name of employer: _____________________________________________
The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:
Date and time overtime started: ___/___/20___ ____ am/pm
Date and time overtime ended: ___/___/20___ ____ am/pm
Amount of overtime worked: _______ hours and ______ minutes
The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.
Signature of employee: ________________________________________
Date signed: ___/___/20___
Name of employer representative: ________________________________________
Signature of employer representative: ________________________________________
Date signed: ___/___/20___