[2020] FWCFB 1550
FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Sugar Industry Award 2010
(AM2017/56)

DEPUTY PRESIDENT ASBURY
DEPUTY PRESIDENT ANDERSON
COMMISSIONER MCKENNA

BRISBANE, 24 MARCH 2020

4 yearly review of modern awards – Sugar Industry Award 2010 – substantive issues.

OVERVIEW

[1] In a Decision in relation to 4 yearly review of modern awards – Award stage – Group 3 (the Group 3 Decision) 1 a Full Bench of the Commission (the Group 3 Full Bench) referred a number of matters relating to the Sugar Industry Award 2010 (the Award) to a separately-constituted Full Bench (the Sugar Industry Award Full Bench).

[2] On 26 March 2019, the Sugar Industry Award Full Bench issued a Decision in 4 Yearly Review of Modern Awards – Sugar Industry Award 2010 (March 2019 Decision) 2. In the March 2019 Decision, the Sugar Industry Award Full Bench dealt with a number of outstanding issues referred to it by the Group 3 Full Bench and gave the parties opportunity to make comment on a Draft Determination issued with that Decision.

[3] On 29 January 2020, the Sugar Industry Award Full Bench issued a further Decision and a Determination varying the Award in relation to the matters dealt with in the March 2019 Decision.

[4] The March 2019 Decision also dealt with an issue identified in the Group 3 Decision in relation to the divisor to be used in calculating ordinary hourly rates which appear in clause 40.1 of the Award and in clause 19.1 and Tables in D.2.2 and D.2.3 in Schedule D of the Exposure Draft of that Award. The issue arises because those hourly rates are calculated by using a divisor of 38 in circumstances where the Award (at clause 29.3) and the Exposure Draft (at clause 15.3) provide averaging of ordinary hours by a mechanism whereby ordinary hourly rates are calculated at various times of the year by using divisors other than 38 – for example 36 in the slack season and 40 in the crushing season.

[5] In the March 2019 Decision the Sugar Industry Award Full Bench did not accept a proposal by the parties to rectify issues associated the manner in which hourly rates were expressed in the wages table in the Award and in the wages table and Schedules in the Exposure Draft of the Award. The Full Bench in the March 2019 Decision referred the matter to the presiding member to conduct a conference of the parties to facilitate the resolution of the outstanding issue regarding the divisor to determine hourly rates of pay in clauses 40.1 of the Award and in clause 19.1 and Tables in D.2.2 and D.2.3 in Schedule D of the Exposure Draft of that Award.

CONSIDERATION

[6] Upon further consideration and in lieu of the presiding member conducting a conference of the parties, it is our provisional view that the issue could be resolved by inserting the following wording as a note within clause 40.1 of the Award and in clause 19.1 and in Schedule D.2 of the Exposure Draft as follows:

Sugar Industry Award 2010

“NOTE: The rates for ordinary hours in clause 40.1 are calculated by dividing the minimum weekly rate by 38. Where an averaging system is worked in accordance with clause 23.3 so that ordinary hours which are greater than 38 are worked in the nominal crushing season (or other period) and ordinary hours which are less than 38 are worked in the nominal slack season (or other period), the minimum hourly rate for ordinary hours will be no less than the minimum weekly rate divided by the actual ordinary weekly hours worked in the relevant season or period.”

Sugar Industry Award Exposure Draft

“NOTE: The rates for ordinary hours in clause 19.1 and in tables D.2.1 and D.2.3 are calculated by dividing the minimum weekly rate by 38. Where an averaging system is worked in accordance with clause 15.3 so that ordinary hours which are greater than 38 are worked in the nominal crushing season (or other period) and ordinary hours which are less than 38 are worked in the nominal slack season (or other period), the minimum hourly rate for ordinary hours will be no less than the minimum weekly rate divided by the actual ordinary weekly hours worked in the relevant season or period. All of the penalty rates in the tables in D.2 are calculated based on dividing the weekly ordinary rate by 38.”

[7] A copy of a draft determination varying clause 40.1 of the Award is ATTACHMENT A to this Statement. A copy of the current Exposure Draft incorporating this wording in clause 19.1 and in Schedule D.2 is ATTACHMENT B to this Statement. If any party or parties disagree with this provisional view, they are to advise the chambers of the presiding member of this Full Bench within seven days of the date of this Statement and the matter will be given further consideration, including potentially listing the matter for conference.

CONCLUSION

[8] In the absence of objection, the Sugar Industry Award Full Bench will proceed to vary the Award in accordance with the draft determination.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<MA000087  PR717727>

ATTACHMENT A

MA000087  PRXXXXXX

DRAFT DETERMINATION

fwc_logo

Fair Work Act 2009 s.156—4 yearly review of modern awards

4 yearly review of modern awards—Sugar Industry Award 2010
(AM2017/56)

SUGAR INDUSTRY AWARD 2010
[MA000087]

Sugar industry

DEPUTY PRESIDENT ASBURY
DEPUTY PRESIDENT ANDERSON
COMMISSIONER MCKENNA

BRISBANE, XX MONTH 2020

4 yearly review of modern awards – Sugar Industry Award 2010 – substantive issues.

A. Further to the Full Bench decision issued by the Fair Work Commission on XX DATE 2020 [[2020] FWCFB XXXX], the above award is varied as follows:

1. By inserting a note after the table appearing in clause 40.1 as follows:

“NOTE: The rates for ordinary hours in clause 40.1 are calculated by dividing the minimum weekly rate by 38. Where an averaging system is worked in accordance with clause 23.3 so that ordinary hours which are greater than 38 are worked in the nominal crushing season (or other period) and ordinary hours which are less than 38 are worked in the nominal slack season (or other period), the minimum hourly rate for ordinary hours will be no less than the minimum weekly rate divided by the actual ordinary weekly hours worked in the relevant season or period.”

B. This determination comes into operation from XX MONTH 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after XX MONTH 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT B

Sugar Industry Award 20XX

Table of Contents

Page

Part 1— Application and Operation of this Award 4
1. Title and commencement 4
2. Definitions 4
3. The National Employment Standards and this award 5
4. Coverage 5
5. Individual flexibility arrangements 7
6. Requests for flexible working arrangements 8
7. Facilitative provisions 10
Part 2— Types of Employment and Classifications 11
8. Full-time employees 11
9. Part-time employees 11
10. Casual employees 12
11. Seasonal employees 13
12. Apprentices 14
13. Trainees 17
14. Classifications 17
Part 3— Hours of Work 18
15. Ordinary hours of work and rostering—other than shiftworkers 18
16. Breaks 21
Part 4— Field Sector—Wages and Allowances 22
17. Minimum rates 22
18. Allowances 24
Part 5— Milling, Distillery, Refinery and Maintenance—Wages and Allowances 25
19. Minimum rates 25
20. Allowances 30
Part 6— Bulk Terminal Operations—Wages and Allowances 38
21. Minimum rates 38
22. Allowances 39
Part 7— Other Wage Related Provisions 40
23. Payment of wages 40
24. Higher duties 41
25. School-based apprentices 42
26. Supported wage system 42
27. National training wage 42
28. Superannuation 42
Part 8— Overtime, Penalty Rates and Shiftwork 43
29. Overtime and penalty rates—other than shiftworkers 43
30. Shiftwork 46
Part 9— Leave and Public Holidays 51
31. Annual leave 51
32. Personal/carer’s leave and compassionate leave 55
33. Parental leave and related entitlements 55
34. Community service leave 55
35. Unpaid family and domestic violence leave 56
36. Public holidays 56
Part 10— Consultation and Dispute Resolution 56
37. Consultation about major workplace change 56
38. Consultation about changes to rosters or hours of work 57
39. Dispute resolution 58
40. Dispute resolution procedure training leave 58
Part 11— Termination of Employment and Redundancy 60
41. Termination of employment 60
42. Redundancy 61
Schedule A —Classification Definitions—Field Sector 63
Schedule B —Classification Definitions—Milling, Distillery, Refinery and Maintenance 70
Schedule C —Classification Definitions—Bulk Terminal Operations 93
Schedule D —Summary of Hourly Rates of Pay 94
Schedule E —Summary of Monetary Allowances 105
Schedule F —School-based Apprentices 109
Schedule G —Supported Wage System 110
Schedule H —National Training Wage 113
Schedule I —Agreement to Take Annual Leave in Advance 123
Schedule J —Agreement to Cash Out Annual Leave 124
Schedule K —Agreement for Time Off Instead of Payment for Overtime 125

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Sugar Industry Award 20XX.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).
adult apprentice means a person over 21 years of age at the time of entering into a training contract as provided for in clause 12.
apprentice includes an adult apprentice.
bulk terminal operations is defined at clause 4.2(e). The terms and conditions of bulk terminal operations employees are found at Part 6 of this Award.
by-product means any product manufactured or processed in the sugar industry apart from sugar crystal (this may include, for example, ethanol, molasses, furfural and compost).
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
distillery sector is defined at clause 4.2(d). The terms and conditions of distillery sector employees are found at Part 5 of this Award.
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
field sector is defined at clause 4.2(a). The terms and conditions of field sector employees are found at Part 4 of this Award.
milling sector is defined at clause 4.2(b). The terms and conditions of milling sector employees are found at Part 5 of this Award.
minimum hourly rate means the award minimum weekly rate divided by 38.
minor construction means construction work carried out at the business of an employer under this award on the operations of that employer, by that employer’s employees but does not include any construction work carried out by a contractor.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
nominal crushing season means the period of 26 weeks commencing on the first Monday of June each year.
nominal slack season means that period that is not the nominal crushing season.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
refinery sector is defined at clause 4.2(c). The terms and conditions of refinery sector employees are found at Part 5 of this Award.
seasonal employee means an employee specifically engaged as or deemed to be a seasonal employee in accordance with clause 11.
standard rate means the minimum hourly rate prescribed for C10/L6 classification in clause 19.1.
sugar industry has the meaning given in clause 4.2.

3. The National Employment Standards and this award

3.1 The NES and this award contain the minimum conditions of employment for employees covered by this award.

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This award covers employers throughout Australia in the sugar industry and their employees who are covered by the classifications in this award.

4.2 In this award sugar industry means the following:

(a) field sector: all sugar cane farming operations including the operations of contractors performing general farm work, cane harvesting and haul out work and farm management; cane testing; and pest, disease control, advisory and research operations of Cane Protection and Productivity Boards and the Bureau of Sugar Experiment Stations;

(b) milling sector: sugar milling including the following operations of the sugar miller: operations of transporting and processing cane including cane railway construction, maintenance, repair and operation; factory maintenance, repair and operation; raw sugar refining at a sugar mill; by-product manufacture and processing at a sugar mill; and packaging operations performed at a sugar mill;

(c) refinery sector: refining raw sugar at sugar refineries and those refineries’ own packaging and storage operations;

(d) distillery sector: distilling operations of sugar by-products for industrial purposes and packaging work in a distilling operation directly linked to a sugar mill;

(e) bulk terminal operations: bulk (packed or loose) receival, storage, outloading and ship loading at the industry’s bulk terminals, including handling incidental commodities or material; and

(f) the generation and/or transmission of power and/or steam that is ancillary or incidental to the employer’s activities in clauses 4.2(b) to 4.2(d) (albeit that excess power may be sold into the grid).

4.3 Where a sugar industry employer is also engaged in another industry not covered by this award the employees of that employer in the other industry will be covered by the industry award of that other industry.

4.4 This award covers any employer which supplies labour on an on-hire basis in the sugar industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the sugar industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 The award does not cover:

(a) employees of employers covered by the Manufacturing and Associated Industries and Occupations Award 2020.

(b) an employer to whom another modern industry or occupation award applies in respect of an employee to whom that other award applies, or to such an employee; or

(c) employees excluded from award coverage by the Act;

(d) employees who are covered by a modern enterprise award or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(e) employees who are covered by a State reference public sector modern award or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements
Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.
NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances, as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’ (see section 65(5) and (5A)).
NOTE 3: Clause 6 is an addition to section 65.
6.2 Responding to the request
Before responding to a request made under section 65, the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days, stating whether the employer grants or refuses the request (section 65(4)).
NOTE 2: If the employer refuses the request, then the written response must include details of the reasons for the refusal (section 65(6)).
6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

6.4 What the written response must include if a different change in working arrangements is agreed
If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee, then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.
6.5 Dispute resolution
Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6, can be dealt with under clause 39—Dispute resolution.

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2 Facilitative provisions in this award are contained in the following clauses:

Part 2—Types of Employment and Classifications

8. Full-time employees

8.1 An employee:

(a) whose average weekly ordinary hours of employment are 38 hours; and

(b) who is not specifically engaged as a seasonal, part-time or casual employee,

is for all purposes of this award a full-time employee, unless otherwise specified in this award.

9. Part-time employees

9.1 A part-time employee is an employee engaged to work on a part-time basis involving a regular pattern of hours which average less than 38 ordinary hours per week.

9.2 Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time employees.

9.3 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the numbers of hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

9.4 Changes in hours may only be made by agreement in writing between the employer and employee. Changes in days can be made by the employer giving one week’s notice in advance of the changed hours.

9.5 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift except:

(a) for bulk sugar terminals employees where the minimum engagement will be 4 hours per shift and 16 hours per week; and

(b) for refinery employees where the minimum engagement will be 8 hours per week.

9.6 All time worked outside the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

9.7 A part-time employee employed under the provisions of clause 9 must be paid for ordinary hours worked at the minimum hourly rate for the class of work performed.

9.8 Where the part-time employee’s normal paid hours fall on a public holiday prescribed in the NES and work is not performed by the employee, such employee must not lose pay for the day. Where the part-time employee works on the public holiday, the part-time employee must be paid at the rate of 250% of the minimum hourly rate.

10. Casual employees

10.1 A casual employee is an employee engaged as a casual employee.

10.2 Casual employees must be paid at the termination of each engagement, or weekly or fortnightly in accordance with usual payment methods for full-time employees.

10.3 Casual employees are entitled to a minimum payment of 3 hours’ work at the appropriate rate each time they are required to attend for work.

10.4 Casual loading

(a) For each hour worked a casual employee must be paid:

for the class of work performed.

(b) The casual loading is paid instead of entitlements to paid leave and other matters from which casuals are excluded by the terms of this award and the NES.

(c) The casual loading does not constitute part of the casual employee’s all-purpose rate.

10.5 Casual conversion to full-time or part-time employment

(a) A casual employee, other than an irregular casual employee or a casual employee of a field sector or bulk sugar terminal employer, who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of 6 months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process.

(b) An employer of such an employee must give the employee notice in writing of the provisions of clause 10.5 within 4 weeks of the employee having attained such period of 6 months. The employee retains their right of election under clause 10.5 if the employer fails to comply with clause 10.5(b).

(c) Any such casual employee who does not within 4 weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion.

(d) Any casual employee who has a right to elect under clause 10.5(a), on receiving notice under clause 10.5(b) or after the expiry of the time for giving such notice, may give 4 weeks’ notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within 4 weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably so refuse.

(e) Once a casual employee has elected to become and been converted to a full-time or part-time employee, the employee may only revert to casual employment by written agreement with the employer.

(f) If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with clause 10.5(d), the employer and employee must, subject to clause 10.5(d), discuss and agree on:

(g) An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed on between the employer and employee.

(h) Following such agreement being reached, the employee converts to full-time or part-time employment.

(i) Where, in accordance with clause 10.5(d), an employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

(j) By agreement between the employer and the majority of the employees in the relevant workplace or a section or sections of it, or with the casual employee concerned, the employer may apply clause 10.5(a) as if the reference to 6 months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any such agreement reached must be kept by the employer as a time and wages record. Any such agreement reached with an individual employee may only be reached within the 2 months prior to the period of 6 months referred to in clause 10.5(a).

(k) For the purposes of clause 10.5, an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

10.6 An employee must not be engaged and re-engaged to avoid any obligation under this award.

11. Seasonal employees

11.1 A seasonal employee is an employee engaged by the employer on a full time or part time basis, on or about the commencement of the crushing season, for the purpose of performing duties directly and indirectly related to crushing season operations and whose duties are completed and employment terminated on or about the end of the mill’s crushing season.

11.2 For the purpose of a 38 hour week only, all employees not specifically engaged as seasonal who are engaged after the first Monday of June in any one year and before the first Monday in June in the subsequent year, will be deemed to be seasonal until the first Monday of June in that subsequent year.

12. Apprentices

12.1 Apprentices may be engaged in trades or occupations that are provided for in:

(a) Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance; and

(b) Schedule C—Classification Definitions—Bulk Terminal Operations,

(c) where declared or recognised by an apprenticeship authority.

12.2 For the purposes of clause 12, apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.

12.3 In any State or Territory in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State or Territory provided that the provisions of the statute or regulation are not inconsistent with this award, in which case the provisions of this award will apply.

12.4 An apprentice may be engaged under a training contract approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training contract is consistent with that established for the vocation in the relevant training package determined from time to time by Manufacturing Skills Australia or its successors and endorsed by the Council of Australian Governments (COAG) Industry and Skills Council or it successor. Such apprenticeships include but are not limited to the following trades:

(a) Engineering Tradesperson (Mechanical);

(b) Engineering Tradesperson (Fabrication);

(c) Engineering Tradesperson (Electrical/Electronic);

(d) Higher Engineering Tradesperson and Advanced Engineering Tradesperson.

12.5 An apprentice may also be engaged where the qualification outcome specified in the training contract is consistent with the qualifications established for electrical vocations within the relevant electrical/utilities training package and endorsed by the COAG Industry and Skills Council or its successor.

12.6 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training contract and the requirements of State or Territory legislation and the apprenticeship authority.

12.7 The probationary period of an apprentice is as set out in the training contract consistent with the requirement of the apprenticeship authority and with State or Territory legislation but must not exceed 3 months.

12.8 Training arrangements

12.9 The ordinary hours of employment of apprentices in each enterprise are not to exceed those of the relevant tradesperson.

12.10 The minimum rates applying to apprenticeships are dealt with in clauses 19.6, 19.7, 21.2 and 21.3. No apprentice is to work under a system of payment by results.

12.11 Competency based completion

(a) Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience.

(b) The nominal period of the apprenticeship is 4 years, however this period may be varied:

(c) Notwithstanding the nominal period, the apprenticeship is completed in a shorter period when:

12.12 An apprentice under the age of 18 years is not required to work overtime or shiftwork unless such an apprentice so desires. No apprentice, except in an emergency, is to work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with their training contract.

12.13 Apprentices are required to serve an additional day for each day of absence during each year of their apprenticeship, except in respect of absences due to annual leave or long service leave. The following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours must be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

12.14 Any person engaged as an apprentice as at 1 January 2010 is deemed to be an apprentice for all purposes of this award until the completion or cancellation of their apprenticeship.

13. Trainees

13.1 The terms of this award apply to trainees covered by the National Training Wage provisions in Schedule H—National Training Wage, trainees in the technical field, trainee engineers, trainee scientists and trainees under the Certificate in Sugar Milling, except where otherwise stated in this award.

13.2 A trainee in the technical field must be allowed reasonable time (not exceeding an average of 8 hours per week during a school term) for the purpose of attending classes in connection with the appropriate certificate course on the same basis as apprentices in the establishment are allowed time off for day time schooling. For this purpose, years of experience as a trainee is equivalent to years of apprenticeship.

13.3 The course of study each year for a trainee engineer or trainee scientist must be agreed between the employer and trainee so that the maximum attendance at the approved educational institution does not exceed 3 nights per week of 2 hours’ lecture or 3 hours’ practical work. All other time necessary for attendance at the approved educational institution to permit compliance with the prescribed syllabus must be allowed time off during the day without loss of pay. In the event of disagreement between the employer and the trainee regarding the course of study for any year, the recommendation of the educational institution must be accepted.

13.4 A trainee engineer or trainee scientist is not obliged to work overtime when it interferes with studies and no trainee engineer or trainee scientist is to be employed on shiftwork except at their own request during academic vacations.

13.5 A trainee engineer or trainee scientist is to be allowed reasonable leave of absence without loss of pay for the purpose of sitting for examinations in any subject or subjects being studied for the year.

14. Classifications

14.1 Classifications for employees covered by this award are set out in

(a) Schedule A—Classification Definitions—Field Sector;

(b) Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance; and

(c) Schedule C—Classification Definitions—Bulk Terminal Operations.

14.2 Employers must advise their employees in writing of their classification and of any changes to their classification.

14.3 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.

Part 3—Hours of Work

15. Ordinary hours of work and rostering—other than shiftworkers

15.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

15.2 Field sector

(a) The average ordinary working hours for field sector employees will be fixed by agreement between the employer and the employees but will not exceed an average of 38 hours per week over a 4 week period.

(b) The ordinary hours of work for field sector employees will not exceed 152 hours in any consecutive period of 4 weeks.

(c) All ordinary time worked on Saturdays or Sundays will be paid at 150% of the minimum hourly rate.

15.3 Other than field sector

(a) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(c) Altering spread of hours

The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer. The spread of hours may be altered by up to one hour at either end of the spread by agreement between an employer and the majority of employees concerned or, in appropriate circumstances, between the employer and an individual employee.

(4) Work outside spread

Work done outside the hours of 6.00 am to 6.00 pm, other than in accordance with clause 15.3(c), will be paid at overtime rates and will be deemed to be part of the ordinary hours of work for the purposes of clause 15.

16. Breaks

16.1 Meal breaks – day workers

(a) A meal break of between 30 minutes and 60 minutes must be allowed to each day worker.

(2) The meal break must commence no later than 5 hours after starting work or after resuming work from a previous meal break.

(b) Employees required to work through meal breaks must be paid at 200% of the minimum hourly rate for all time so worked until a meal break is allowed.

(c) Meal times may be altered or staggered by agreement between the employer and the majority of employees directly affected.

(d) Meal times must be taken at a time so as not to interfere with continuity of work.

16.2 Crib breaks—shiftworkers

(a) A crib break of 30 minutes must be allowed to each shift worker to be taken without deduction of pay.

(b) Employees may be required to take their crib at their workplace.

(c) Where a shiftworker is not relieved for crib and is unable to have a break of 30 minutes for crib within a period of 40 minutes from the time of commencing crib, the employee will be entitled to an additional 30 minutes’ pay at ordinary rates.

16.3 Breaks—field sector employees
In the case of field sector employees, breaks may be taken at times agreed between the employer and employee to meet the operational requirements of the business.
16.4 Rest break

(a) All employees must be allowed a 10 minute rest break in each half of the day and on Saturday morning overtime whenever they work more than 4 hours.

(b) Rest breaks will be taken at such times as will not interfere with the continuity of work where continuity is necessary.

(c) Rest breaks are to be counted as time worked.

(d) While rest breaks must not be eliminated, by mutual agreement between the employer and the majority of employees concerned, rest breaks may be taken in a manner which results in both rest breaks being combined and the day then being divided into 3 approximately equal working periods.

(e) In the case of bulk terminal employees the rest breaks will be for 15 minutes. At the request of the supervisor, the rest breaks may be combined into one 30 minute rest break and may also be joined with the meal break in clause 16.1 to make a combined break of one hour.

16.5 Meal breaks on overtime

(a) A day worker who is required to continue working at their usual work for more than one hour after the fixed finishing time must be allowed:

without deduction of pay.

(b) An employee called out to work must be granted a meal break of 30 minutes after each 4 hours of work without deduction of pay.

(c) If an employee is called out to work overtime and is not notified of the requirement to work overtime in sufficient time to enable them to make arrangements for a meal or crib, a meal must be supplied free of charge provided the second and subsequent meals will be provided free of charge by the employer in all cases.

Part 4—Field Sector—Wages and Allowances

17. Minimum rates

17.1 The following rates apply to field, experiment stations and cane tester employees classified under Schedule A—Classification Definitions—Field :

1 Includes an additional 15% loading in accordance with clause 17.2.

NOTE: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.

17.2 Single contract hourly rate

(a) Field sector employees may be engaged in writing on a single contract hourly rate basis and will be paid 115% of the minimum hourly rate and must be paid that rate for each and every hour of work, instead of the provisions of clause 15.2(c), irrespective of the number of hours worked per day or per pay period or the days of the pay period on which work is performed.

(b) The minimum hourly rate, for the purposes of clause 17, is the minimum hourly rate for the employee’s classification in clause 17.1.

(c) Employees employed on this basis will be entitled to all other entitlements contained in this award.

17.3 Piecework
Field sector employees may be engaged in writing on a piecework basis as follows:

(a) An agreement for piecework may be entered into between the employer and the individual employee for the performance of any work to be done under this award, and the pieceworker will receive a minimum piecework rate sufficient to equal the payment for the actual hours worked based on both ordinary time and overtime as the case may be, in the relevant pay period plus a loading of 20%.

(b) Each piecework agreement must be reviewed half way through the crushing season and at the end of the crushing season to ensure that the employee has received the full entitlements owing.

(c) Each piecework agreement must be in writing and signed by both parties and each employee will be supplied with a copy of such agreement free of charge and a copy of the mutual agreement will be provided to the employee’s representative, if any.

(d) The base rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate identified in clause 17 for the employee’s classification level.

(e) The full rate of pay in relation to entitlements under the NES for an employee on a piecework rate is the minimum rate identified in clause 17 for the employee’s classification level plus a loading of 20%.

(f) Casual employees may be engaged on a piecework basis in accordance with clause 17.3. Casual piecework employees are entitled to both the casual loading specified in clause 10.4(a) and the piecework loading specified in clause 17.3(a). Each loading is to be calculated on the minimum hourly rate identified in clause 17 for the employee’s classification level and not on a compounding basis.

(g) For the purposes of clause 17.3(f), the hourly rate of pay for casual piecework employees is the total of the following:

for the employee’s classification level.
17.4 Junior rates—Cultivation/Cane Production
The minimum rate payable to juniors must be the following percentages of the minimum adult weekly rate corresponding to classification CP2 (Level 2).

18. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.

NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
18.2 Wage-related allowances

Employees must be paid an allowance of $1.01 per hour for time spent in cleaning drains where the water is over 76.2 cm in depth.
18.3 Expense-related allowances

An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.78 per kilometre travelled.
Part 5—Milling, Distillery, Refinery and Maintenance—Wages and Allowances

19. Minimum rates

19.1 The following rates apply to adult milling, distillery, refinery and maintenance employees classified under clause Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance:

NOTE 1: The rates for ordinary hourly in clause 19.1 and in tables D.2.1 and D.2.3 are calculated by dividing the minimum weekly rate by 38. Where an averaging system is worked in accordance with clause 15.3 so that ordinary hours which are greater than 38 are worked in the nominal crushing season (or other period) and ordinary hours which are less than 38 are worked in the nominal slack season (or other period), the minimum hourly rate for ordinary hours will be no less than the minimum weekly rate divided by the actual ordinary weekly hours worked in the relevant season or period. All of the penalty rates in the tables in D.2 are calculated based on dividing the weekly ordinary rate by 38.
NOTE 2: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.

19.2 Classification definitions in Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance for C14 to C11 do not apply in sugar mills.

19.3 Method of work and payment for ordinary hours
For the purposes of an average 38 hour working week in sugar mills, employees will be provided with unpaid rostered days off during the nominal slack season. To accommodate rostered days off the method of working ordinary hours and the method of payment will be as follows:

(a) During the nominal slack season, as defined in clause 30.2, an employer will be deemed to have paid the minimum weekly rate prescribed if:

(b) During the nominal slack season, as defined in clause 30.2, an employee other than a seasonal employee or other than an employee deemed to be seasonal in clause 2—Definitions will be paid for all ordinary hours worked each week at the weekly rate divided by 36 and seasonal employees and employees deemed to be seasonal in clause 2—Definitions will be paid for all ordinary hours worked each week at the weekly rate divided by 38.

(c) During the nominal crushing season as defined in clause 30.2, all employees will be paid for all ordinary hours worked each week at the weekly rate divided by 40.

(d) In no case will the average rate calculated in accordance with clause 19.3 be less than the relevant minimum hourly rate in clause 19.1.

19.4 Supervisor/Trainer/Coordinator
Minimum hourly rate for Supervisor/Trainer/Coordinator of milling, distillery, refinery or maintenance employees classified under clause Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance:

The minimum hourly rate for a Supervisor/Trainer/Coordinator - Level I is that of their classification level calculated on the competencies they hold and use as required on the job or 104.3% of the standard rate per hour ($23.68) if the employee is not classified based on competencies.

The minimum hourly rate for a Supervisor/Trainer/Coordinator - Level II is that of their classification level calculated on the competencies they hold and use as required on the job or 113.1% of the standard rate per hour ($25.67) if the employee is not classified based on competencies.

The minimum hourly rate for a Supervisor/Trainer/Coordinator - Technical, shall be not less than 107% of the minimum hourly rate applicable to the employee’s technical classification, providing that this does not result in double-counting supervisor, trainer or coordinator competencies that were part of the basis for the employee’s technical classification.
19.5 Junior rates

(a) The minimum rate payable to juniors must be the following percentages of the minimum adult weekly rate corresponding to classification level 2 (C14).

(b) From 18 years of age, the minimum rate prescribed for adults must apply.

(c) Employees who are appointed to level C13/L3 or above must be paid the rate appropriate to that level.

(d) Junior employees must receive the respective percentage of the rates, including the full amount of any applicable allowances as provided for under this award.

19.6 Minimum rate for apprentices commencing or continuing an apprenticeship prior to 1 January 2014
The minimum rate for apprentices who commenced an apprenticeship prior to 1 January 2014 are, except as provided for in clause 19.8—Adult apprentice minimum rates, as set out in the following table:

19.7 Minimum rates for apprentices commencing an apprenticeship on and from 1 January 2014
The minimum rates for apprentices commencing an apprenticeship on and from 1 January 2014, except as provided for in clause 19.8—Adult apprentice minimum rates are as set out below (% are of the C10 rate at clause 19.1):

19.8 Adult apprentice minimum rates

(a) A person employed by an employer under this award immediately prior to entering into a training contract as an adult apprentice with that employer must not suffer a reduction in their minimum rate by virtue of entering into the training contract. For the purpose only of fixing a minimum rate, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 19 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

(b) Clause 19.8 applies where the employee , immediately prior to entering into a training contract as an adult apprentice has been an employee in the enterprise for a minimum of 6 months full-time employment or 12 months part-time or regular and systematic casual employment.

19.9 Competency based progression

(a) The minimum rates for each stage of the apprenticeship are set out in clauses 19.6 to 19.8. The conditions for progression to each stage where the training plan provides for the completion of a relevant engineering tradesperson AQF III qualification are set out in the following table:

(b) For the purpose of competency based wage progression in clause 19.9(a) an apprentice will be paid at the relevant rate for the next stage of their apprenticeship if:

(c) If the employer disagrees with the assessment of the RTO referred to in clause 19.9(b)(iii)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(d) For the purposes of clause 19.9, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of competency, for the purpose of the training packages and for the purpose of clause 19.9, is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(e) The apprentice will be paid the rate referred to in clause 19.9(b) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 19.9(b)(iii) or on a date as determined under the dispute resolution process in clause 19.9(c).

20. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

20.1 Employers must pay to an employee the allowances the employee is entitled to under clause 20.

NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
20.2 Wage-related allowances

Employees who during the crushing season are required to perform work below the level of the top catwalk in bagasse bins for periods of time in excess of those listed below are to be paid an additional 100% of the minimum hourly rate, for the actual time involved in such work on each occasion:

Provided that the rates for wet, hot or noxious gas fumes, confined space and repair work in this award must not be paid in addition to this allowance.

Employees using a brick cutting machine must be paid an allowance of $0.58 per hour whilst so engaged.

Employees engaged on cleaning and tarring or painting chimney stacks must be supplied with overalls and must be paid an allowance of

on any day whilst so engaged.

Employees chipping rollers with pneumatic chisels must be paid $0.85 per hour above the rates prescribed for general mill workers with a minimum additional payment of $4.34 per day whilst so engaged.

If a cleaner, greaser or oiler sometimes under the supervision of an engine driver stops or starts an engine they must be paid an allowance of $33.60 per week.

Employees must be paid an allowance of $0.58 per hour when required to clean by hand or while assisting to dismantle before cleaning, gear and/or cog wheels, engine or roller beds.

Employees must be paid an allowance of $0.58 per hour when engaged in cleaning out molasses tanks from the inside.

Employees must be paid an allowance of $0.58 per hour when required to clean under the carrier.

An allowance of $0.79 per hour will be paid to employees required to carry out maintenance or cleaning inside the following when they are enclosed: cold mill boilers, combustion chambers, water drums of boilers, fire boxes, flues, vapour pipes, the base of chimney stacks, flywheel or gearing pits, condensers, effets, evaporators, vacuum pans, clarifiers, mud tanks, filter drums, effet supply tanks, lime tanks, or lime mixer barrels, drier drums, distributors, crystalliser and fugals or fugal baskets.

Employees employed handling blocks (other than cindicrete blocks for plugging purposes) must be paid additional amounts as follows:

An employee will not be required to lift a building block in excess of 20 kg in weight unless such employee is provided with mechanical aid or with an assisting employee.

Any appropriately qualified employee rostered by the employer to perform first aid duty must be paid a weekly allowance of $13.53.

Employees must be paid an allowance of $0.51 per hour when required to grind shredder hammers after such hammers have been re-tipped with Hardex weld, with a minimum payment of 4 hours.

Employees must be paid an allowance of $0.63 per hour when handling molasses in drums where the molasses has spilt so that the employee’s clothes become appreciably contaminated.

Employees must be paid an allowance of $0.58 per hour when operating high pressure cleaning machines for the cleaning of dirty machinery or operating degreasing machines.

where the ambient temperature, having been raised by artificial means, is 45 degrees Celsius or more.

Employees engaged in lagging steam pipes or steam vessels must be paid an allowance of $0.58 per hour.

Employees engaged in operating jackhammers, or manually operated pneumatic tampers or spikers must be paid an allowance of $0.58 per hour with a minimum additional payment of $2.98 per day.

An employee who is required to perform pressure welding must be paid an allowance of $28.82 per week while so engaged. The allowance will be paid on a daily basis on any day an employee is required to perform pressure welding.

Tradespersons must be paid an allowance of $0.80 per hour when engaged in repairs and alterations to old work only, notwithstanding that new material may have to be used for the purpose. Nothing extra may be claimed for dirty work.

An employee must be paid an allowance of $0.58 per hour when engaged in working the shot blast or sand blast.

When employees are required to work in rain they must be paid an additional 100% of the minimum hourly rate for all time so worked until such time as they finish work or are able to change into dry clothing, unless they are provided with waterproof clothing.

Employees must be paid an allowance of $0.51 per hour when required to work in water of a depth of 76.2 cm or more.
20.3 Expense-related allowances

Where there is an entitlement to a meal on overtime and none is available from the employer, the meal allowance of $14.70 must be paid.

A tool allowance of $22.35 per week must be paid to tradespersons who are required to supply and use their own tools.

An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.78 per kilometre travelled.

Employees working in wet concrete must be provided by the employer with rubber boots.
Part 6—Bulk Terminal Operations—Wages and Allowances

21. Minimum rates

21.1 The following rates apply to bulk terminal employees classified under clause Schedule C—Classification Definitions—Bulk Terminal Operations:

NOTE: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
21.2 Minimum rate for apprentices commencing or continuing an apprenticeship prior to 1 January 2014
For apprentices, who commenced or are continuing their apprenticeship prior to 1 January 2014 the minimum rates for apprentices engaged in bulk terminal operations, except as provided for in clause 19.8—Adult apprentice minimum rates are set out in the table below:

21.3 Minimum rates for apprentices commencing an apprenticeship on or after 1 January 2014
The minimum rates for apprentices commencing an apprenticeship on or after 1 January 2014, except as provided for in clause 19.8—Adult apprentice minimum rates are as set out below. The percentages in the tables below are of the ordinary weekly rate prescribed in clause 21.1 for classification BT6.

21.4 Adult apprentice minimum rates
The provisions of clause 19.8—Adult apprentice minimum rates apply to apprentices employed under this Part 6 as if references to classifications were references to classifications contained in clause 21.1.
21.5 Competency based progression
The provisions of clause 19.9 apply to apprentices under this Part 6 as if references to the minimum rates under Part 5 were references to minimum rates under clauses 21.2 to 21.4.

22. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

22.1 Employers must pay to an employee the allowances the employee is entitled to under clause 22.

NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
22.2 Wage-related allowances

Any appropriately qualified employee rostered by the employer to perform first aid duty must be paid a weekly allowance of $22.50.

Employees who are directed to perform the work of workplace co-ordinator must be paid an allowance of $0.37 per hour whilst so engaged, for a maximum of 4 hours.
22.3 Expense-related allowances

Where there is an entitlement to a meal on overtime and none is available from the employer, the meal allowance of $18.42 must be paid.

A tool allowance of $24.77 per week must be paid to tradespersons who are required to supply and use their own tools.

An employee who reaches agreement with their employer to use their own motor vehicle on the employer’s business, must be paid $0.78 per kilometre travelled.
Part 7—Other Wage Related Provisions

23. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

23.1 Frequency of payment
Wages must be paid either:

(a) weekly according to the actual ordinary hours worked each week;

(b) according to the average number of ordinary hours worked each week; or

(c) by agreement between the employer and the majority of employees in the relevant enterprise, wages may be paid fortnightly or monthly.

23.2 Method of payment
Wages must either be paid by cash, cheque or electronic funds transfer into the bank or financial institution account nominated by the employee.
23.3 Absences from duty under an averaging system
Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments, the following applies:

(a) The employee will accrue a credit for each day the employee works ordinary hours in excess of the daily average.

(b) The employee will incur a debit for each day of absence from duty other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid family leave or jury service.

(c) An employee absent for part of a day (other than on annual leave, long service leave, public holidays, paid personal leave, workers compensation, paid compassionate leave, paid family leave or jury service) will incur a proportion of the debit for the day, based upon the proportion of the working day that the employee was not in attendance.

23.4 Payment on termination of employment

(a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(b) The requirement to pay wages and other amounts under clause 23.4(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 23.4(b) allows the Commission to make an order delaying the requirement to make a payment under clause 23.4. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

24. Higher duties

24.1 Clause 24 does not apply to employees working on bulk terminal operations.

24.2 Where an employee on any one day performs 2 or more classes of work and is employed:

(a) for more than 4 hours on a class or classes of work carrying a higher rate, the employee must be paid at the higher rate for the whole time worked on that day;

(b) for 4 hours or less on a class or classes of work carrying a higher rate, the employee must be paid at the higher rate for 4 hours.

25. School-based apprentices

For school-based apprentices, see Schedule F—School-based Apprentices.

26. Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule G—Supported Wage System.

27. National training wage

For employees undertaking a traineeship, see Schedule H—National Training Wage.

28. Superannuation

28.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation legislation.

28.2 Employer contributions
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
28.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 28.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 28.3(a) or 28.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 28.3(a) or 28.3(b) was made.

28.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 28.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 28.2 and pay the amount authorised under clauses 28.3(a) or 28.3(b) to one of the following superannuation funds or its successor:

(a) AustralianSuper;

(b) CareSuper;

(c) AustSafe Super;

(d) Sunsuper;

(e) AMP Superannuation Savings Trust;

(f) Labour Union Cooperative Retirement Fund (LUCRF);

(g) MLC MasterKey Business Super;

(h) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(i) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 8—Overtime, Penalty Rates and Shiftwork

29. Overtime and penalty rates—other than shiftworkers

29.1 Payment for working overtime—other than bulk sugar terminals

(a) Employees working overtime:

must be paid at 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate after that.

(b) When calculating overtime, each day stands alone.

(c) For the purposes of clause 29.1 hours fixed for an ordinary week’s work means the hours of work fixed in an establishment in accordance with clause 15—Ordinary hours of work and rostering—other than shiftworkers of this award or varied in accordance with the relevant clauses of this award.

(d) When any portion of an hour is worked, the employee must receive payment in respect of any broken part of an hour for not less than one quarter hour at the current overtime rate.

29.2 Payment for working rostered day off or overtime on Saturdays or Sundays

(a) An employee required to work on a rostered day off or overtime commencing on Saturday will be paid at 150% of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate after that for a minimum of 3 hours.

(b) An employee required to work overtime commencing on a Sunday must be paid at 200% of the minimum hourly rate with a minimum of 3 hours’ work or payment provided the employee is available for work for 3 hours.

29.3 Payment for working overtime—bulk sugar terminals
In the case of bulk sugar terminals all hours worked outside or in excess of an employee’s ordinary hours roster must be deemed overtime and paid at 200% of the minimum hourly rate.
29.4 Rest period after overtime—sugar milling

(c) Where an employee is recalled to work overtime and works not more than 3 hours’ overtime, clause 29.4 will not apply.

29.5 Return to duty

(a) Any employee recalled to work after the ordinary finishing time must receive a minimum payment of 3 hours at the prevailing overtime rates.

(b) Provided that this minimum payment will apply only in respect of the first 2 call-outs.

29.6 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 29.6.

(c) An agreement must state each of the following:

NOTE: An example of the type of agreement required by clause 29.6 is set out at Schedule K—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule K—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 29.6 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 29.6 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 29.6 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 29.6(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 29.6 as an employee record.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 29.6 will apply, including the requirement for separate written agreements under clause 29.6(b) for overtime that has been worked.

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 29.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 29.6.
29.7 Make-up time
An employee may elect, with the consent of the employer, to work make-up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.

30. Shiftwork

30.1 Ordinary hours of work—shiftwork

(a) Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

(b) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(c) Employees terminating prior to taking any banked rostered day(s) off must receive 20% of their average weekly pay over the previous 6 months multiplied by the number of banked substitute days.

(d) By agreement 12 hour shifts may be rostered.

30.2 Shiftwork definitions
For the purpose of this award:

(a) a shiftworker is an employee who can be regularly rostered to work on Sundays and public holidays, where the employer operates shifts continuously rostered 24 hours a day 7 days a week;

(b) day shift means any shift between 8.00 am and 4.00 pm or otherwise by agreed roster;

(c) afternoon shift means any shift finishing after 6.00 pm and at or before midnight;

(d) night shift means any shift finishing after midnight and at or before 8.00 am or where the majority of hours worked in the shift fall between midnight and 8.00 am;

(e) nominal crushing season means the period of 26 weeks commencing on the first Monday of June each year; and

(f) nominal slack season means that period that is not the nominal crushing season.

30.3 Ordinary hours of work—continuous shiftworkers

(a) Continuous shiftwork means work carried out:

(b) Subject to clause 30.3(d), the ordinary hours of continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days.

(c) Continuous shiftworkers are entitled to a 20 minute meal break on each shift which must be counted as time worked.

(d) Except at the regular changeover of shifts, an employee must not be required to work more than one shift in each 24 hours except where the additional shift is paid for at overtime rates.

30.4 Extra weekend payments—other than field sector

For sugar mill employees, where continuous shiftwork is regularly performed on a 3 shifts per day basis, over a period of 7 days per week, all time worked up to 8 hours in any shift between midnight Friday and midnight Sunday must be paid at 150% of the minimum hourly rate. Such payments will be in addition to any allowance payable for the working of an afternoon or night shift.

For bulk terminal employees, shift work ordinary hours performed between midnight Friday and midnight Saturday must be paid at the rate of 150% of the minimum hourly rate. Shift work ordinary hours performed between midnight Saturday and midnight Sunday must be paid at the rate of 200% of the minimum hourly rate.
30.5 Afternoon and night shift allowances—other than field sector

(a) Employees other than field sector workers, whilst engaged on afternoon shift and night shift, must be paid a shift allowance for each such shift of 15% in addition to the minimum hourly rate applicable.

(b) Employees other than field sector workers, required to work afternoon or night shift continuously or employees required to work afternoon and night shift, without rotation to day shift, must be paid 30% in addition to the minimum hourly rate instead of any other shift allowance.

30.6 Afternoon shift and night shift rates—field sector
Field sector employees whilst engaged on afternoon shift and night shift, must be paid for each shift as follows:

(a) afternoon shift—112.5% of the minimum hourly rate; or

(b) night shift—115% of the minimum hourly rate

for the employee’s employment classification.
30.7 Additional shift allowances five day roster—sugar milling

All ordinary time worked by any sugar milling employee on the final shift of a roster where the ordinary time falls entirely between midnight Friday and 8.00 am Saturday in any week, must be paid at 150% of the minimum hourly rate. Such payments will be in addition to any shift allowance payable for the working of an afternoon or night shift.

Where overtime crushing shifts are worked at weekends by sugar milling shiftworkers, all shiftworkers so engaged must be paid an allowance of 25% of the minimum hourly rate in addition to the appropriate overtime rates.
30.8 Overtime hours of work—field sector shiftwork
All overtime performed by a field sector shiftworker where more than one shift per day is worked, will be paid for at 200% of the minimum hourly rate.
30.9 Nominal crushing season—shiftwork

(a) The ordinary working hours in the nominal crushing season must not exceed 40 in any one week or 8 in any one day, which may be worked in accordance with a roster system as mutually agreed upon between the employer and the majority of employees directly affected, or as determined by the Fair Work Commission in accordance with clause 39—Dispute resolution. Provided that with agreement between the employer and the majority of employees directly affected, shifts of more or less than 8 hours may be worked. The working of broken shifts or 6 hour shifts in mills is prohibited.

(b) In mills where locomotive drivers, their assistants and weighbridge clerks are working 2 shifts, those shifts may be worked between 6.00 am and 2.00 pm and between 2.00 pm and 10.00 pm or such other roster as mutually agreed upon between the employer and the majority of employees directly affected.

30.10 Nominal slack season—shiftwork

(a) The ordinary working hours for shiftworkers in the nominal slack season must not exceed 40 in any one week or 8 in any one day, provided that with agreement between the employer and the majority of employees directly affected, shifts of more or less than 8 hours may be worked.

(b) For employees other than seasonal employees and also other than those deemed to be seasonal, the ordinary working hours must be worked in accordance with an agreed roster which will provide for 9 ordinary working days or 72 ordinary working hours per fortnight. One day of the 2 week cycle must be an unpaid rostered day off.

(c) For seasonal employees the ordinary working hours must be worked in accordance with an agreed roster which will provide for 19 working days or 152 ordinary working hours per 4 week cycle. One day of the 4 week cycle must be an unpaid rostered day off.

(d) The agreed rosters provided for must provide for a rostered day off on a Monday, or if agreed between the employer and the majority of employees at a particular mill, on a Friday.

(e) If a rostered day off falls on a public holiday, the rostered day off must be taken on the next ordinary working day.

(f) Rostered days off may, by agreement between the employer and the majority of employees directly affected, be accrued up to a maximum of 6 rostered days off, which must be taken within 12 calendar months of the date on which the first rostered day off was accrued, at a time or times agreed between the employer and the employees directly affected.

(g) Employees terminated prior to taking any banked rostered day(s) off must receive 20% of average weekly pay over the previous 6 months multiplied by the number of banked substitute days.

30.11 Shiftwork overtime—sugar mills

(a) Provided that this minimum will not apply where overtime worked by shiftworkers is continuous with their shiftwork.

(b) In callings where more than one shift per day is worked, overtime will be paid for at 200% of the minimum hourly rate.

(c) When a shiftworker is required to continue working during the following shift they will be granted a crib time of 30 minutes within one hour after their ordinary finishing time and a further crib time of 30 minutes at the usual crib time period for the following shift. No deduction will be made from wages for the crib times so granted and the employer will supply to the employee meals or cribs not later than at crib times during the second shift.

(d) An employee called out to work will be granted a meal break of 30 minutes after each 4 hours of work. No deduction will be made from the wages for the meal times so granted. If the employee is not notified of the requirement to work overtime in sufficient time to enable them to make arrangements for a meal or crib, it will be supplied free of charge provided the second and subsequent meals will be provided free of charge by the employer in all cases.

30.12 Employees recalled—sugar mills

(a) Any employee recalled to work after the ordinary ceasing time will receive a minimum payment of 3 hours at overtime rates.

(b) Provided that this minimum payment will apply only in respect of the first 2 call-outs.

(c) The provisions of clause 29.4 will apply in the case of shiftworkers where they rotate from one shift to another as if 8 hours were substituted for 10 hours when overtime is worked:

(d) Where an employee has been employed for 16 hours or more continuously before the ordinary starting time at the commencement of any week, unless the employee receives 8 consecutive hours off duty prior to commencing work on their ordinary shift, the employee will be paid at 200% of the minimum hourly rate for time worked during the ordinary shift and until the employee is given 8 consecutive hours off duty. If time off is given, that portion of the employee’s ordinary shift which falls within such 8 consecutive hours off duty will be paid for at ordinary rates.

(e) Where a shiftworker is required to work 4 hours or more overtime immediately prior to the starting time of their normal shift, the employee will be allowed 30 minutes without deduction of pay to enable the employee to partake of a meal or crib, such crib to commence not later than the end of the first hour of the employee’s normal shift.

(f) If the employee is not notified of the overtime shift in sufficient time to enable the employee to make arrangements for a meal or crib, it will be supplied free of charge by the employer.

(g) Any employee required to work overtime on a recognised final shift that is between midnight Friday and 8.00 am Saturday, in any week, will be paid for the time so worked at 250% of the minimum hourly rate.

30.13 Change of hours—sugar mills

(a) Notwithstanding anything contained in clauses 15—Ordinary hours of work and rostering—other than shiftworkers or 29—Overtime and penalty rates—other than shiftworkers, an employer may transfer an employee working afternoon or night shift to day shift or day work, by giving the employee at least 8 hours’ notice, if in the employer’s opinion there is insufficient work on the employee’s rostered shift due to wet weather:

The employer may transfer the employee back to the employee’s ordinary rostered shift by giving at least 8 hours’ notice.

(b) Where such afternoon or night shift employee does not receive at least 8 hours’ notice of the change from afternoon or night shift to day shift or day work or vice versa and an 8 hour break, the employee will be paid at overtime rates for the first 8 hours worked after such change.

Part 9—Leave and Public Holidays

31. Annual leave

31.1 Annual leave is provided for in the NES.

31.2 Definition of shiftworker
For the purpose of the additional week of annual leave provided for in section 87(1)(b) of the Act, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays, where the employer operates shifts continuously rostered 24 hours a day 7 days a week.
31.3 Annual leave loading

(a) During a period of annual leave an employee will receive a loading calculated on the rate of wage prescribed in this award. Annual leave loading payment is payable on leave accrued.

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

(b) The loading is as follows:

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.

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.

31.4 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

NOTE: An example of the type of agreement required by clause 31.4 is set out at Schedule I—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule I—Agreement to Take Annual Leave in Advance.

(c) The employer must keep a copy of any agreement under clause 31.4 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 31.4, 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.

31.5 Close-down
An employer may require an employee to take annual leave as part of a close-down of its operations, by giving at least 4 weeks’ notice.
31.6 Excessive leave accruals: general provision
NOTE: Clauses 31.6 to 31.8 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 31.2).

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 31.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 31.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

31.7 Excessive leave accruals: direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 31.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 31.7(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 31.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 31.7(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 31.7(d) may result in the direction ceasing to have effect. See clause 31.7(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
31.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 31.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 31.8(a) if:

(c) A notice given by an employee under clause 31.8(a) must not:

(d) An employee is not entitled to request by a notice under clause 31.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 31.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 31.8(a).

31.9 Calculation of annual leave—bulk terminal operations
In the case of bulk terminal employees annual leave including any proportionate payments will be calculated as follows:

(a) Shiftworkers—subject to clause 31.9(b), the rate to be paid to a shiftworker will be the rate payable for work in ordinary time according to the employee’s roster or projected roster, including Saturday, Sunday or holiday shifts.

(b) All employees—in no case will the payment by bulk terminals to an employee be less than the sum of the following amounts:

31.10 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 31.10.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 31.10.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 31.10 must state:

(e) An agreement under clause 31.10 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 31.10 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 31.10.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 31.10.
NOTE 3: An example of the type of agreement required by clause 31.10 is set out at Schedule J—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule J—Agreement to Cash Out Annual Leave.

32. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

33. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

34. Community service leave

Community service leave is provided for in the NES.

35. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

36. Public holidays

36.1 Public holiday entitlements are provided for in the NES.

36.2 An employee required to work on a public holiday is entitled to not less than 4 hours’ pay at 250% of the minimum hourly rate provided the employee is available to work those hours.

Part 10—Consultation and Dispute Resolution

37. Consultation about major workplace change

37.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(c) commence discussions as soon as practicable after a definite decision has been made.

37.2 For the purposes of the discussion under clause 37.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

37.3 Clause 37.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

37.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 37.1(b).

37.5 In clause 37 significant effects, on employees, includes any of the following:

(a) termination of employment; or

(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c) loss of, or reduction in, job or promotion opportunities; or

(d) loss of, or reduction in, job tenure; or

(e) alteration of hours of work; or

(f) the need for employees to be retrained or transferred to other work or locations; or

(g) job restructuring.

37.6 Where this award makes provision for alteration of any of the matters defined at clause 37.5, such alteration is taken not to have significant effect.

38. Consultation about changes to rosters or hours of work

38.1 Clause 38 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

38.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

38.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 38.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

38.4 The employer must consider any views given under clause 38.3(b).

38.5 Clause 38 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

39. Dispute resolution

39.1 Clause 39 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

39.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

39.3 If the dispute is not resolved through discussion as mentioned in clause 39.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

39.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 39.2 and 39.3, a party to the dispute may refer it to the Fair Work Commission.

39.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

39.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

39.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 39.

39.8 While procedures are being followed under clause 39 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

39.9 Clause 39.8 is subject to any applicable work health and safety legislation.

40. Dispute resolution procedure training leave

40.1 A duly authorised eligible employee representative will, upon written application to the employer, at least 14 days in advance (or such lesser period as mutually agreed), be granted up to 3 working days’ leave (non-cumulative) on ordinary pay each calendar year to attend approved courses which are directed at the enhancement of the operation of the dispute resolution procedures including its operation in connection with this award and with the Act, or with any relevant agreement that provides it is to be read in conjunction with this award.

40.2 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure.

40.3 Any written application seeking release of a duly authorised eligible employee to attend a course must include details of the type and content of the course to be attended as well as the dates upon which the course is proposed to be conducted.

40.4 For the purposes of clause 40 ordinary pay means the ordinary weekly rate paid to the employee exclusive of any allowances or penalty rates for travelling time, fares, shiftwork or overtime.

40.5 The granting of such leave will be subject to the following conditions:

(b) unless otherwise agreed the maximum number of days of dispute resolution training leave which an employer will be required to grant each year in each establishment will be 3 days for each of 3 duly authorised eligible employee representatives;

(c) the granting of such leave will be subject to the convenience of the employer so that the operations of the enterprise will not be adversely affected;

(d) the employer will advise within 7 days whether the application for this leave has been agreed or otherwise. If the request is not agreed to, the employer must state the reasons for such rejection;

(e) if the reasons for rejection provided by the employer are not accepted, any dispute will be resolved in accordance with the dispute resolution procedure at clause 39—Dispute resolution, of this award;

(f) in granting such paid leave, the employer is not responsible for any additional costs except the payment of extra remuneration where relieving arrangements are instituted by the employer to cover the absence of the employee. In the spirit of this arrangement it is understood that employees will co-operate to minimise additional costs;

(g) leave granted to attend such training courses will not incur any additional payment or alternate time off if such course coincides with an employee’s rostered day off;

(h) such paid leave will not affect other leave granted to employees under this award; and

(i) on completion of the course the employee must, upon request, provide to the employer proof of their attendance at the course. Except in the case of sick leave or other authorised leave, non-attendance at a training course will result in the employee not being paid for such time.

Part 11—Termination of Employment and Redundancy

41. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

41.1 Notice of termination by an employee

(a) Clause 41.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

Table 1—Period of notice

NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c) In clause 41.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 41.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 41.1(b), then no deduction can be made under clause 41.1(d).

(f) Any deduction made under clause 41.1(d) must not be unreasonable in the circumstances.

41.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 41.2 is to be taken at times that are convenient to the employee after consultation with the employer.

42. Redundancy

42.1 Redundancy pay is provided for in the NES.

42.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.
42.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under clause 42 had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
42.4 Job search entitlement

(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c) This entitlement applies instead of clause 41.2

42.5 Bulk terminal employees
For employees in bulk terminals the redundancy entitlement will be the greater of the NES or, for employees with greater than 12 months’ continuous service, 2.5 weeks’ redundancy pay for each year of service to a maximum of 52 weeks plus:

(a) For all employees with more than 12 months’ service an amount of up to $1,000 towards retraining at a recognised institution on the production of such invoices.

(b) A service will be provided to assist employees in preparing job applications, CVs and the like.

(c) Access to a financial planning adviser will be considered upon application from the employee.

(d) Employees aged 45 years and over and/or having 10 years’ continuous service at the date of redundancy will be entitled to payment for all accrued sick leave.

(e) Employees under 45 years of age with less than 10 years’ continuous service at the date of redundancy will be entitled to 50% payment of all accrued sick leave.

(f) The maximum payment under clause 42.5 will not exceed 52 weeks of ordinary time pay excluding any accrued annual leave, sick leave, long service leave or the notice payment as set out in clause 41—Termination of employment.

42.6 Redundancy pay—apprentices and fixed term employees in sugar mills
The NES limitation on redundancy in section 123 of the Act for an employee employed for a specified period of time or for a specified task will not apply to employees of sugar mills where such employees are:

(a) engaged on a series of consecutive contracts where the period of actual service covered by the series of contracts totals in excess of 12 months. For the purpose of clause 42.6 the continuity of an employee’s service with an employer is taken not to be broken by a period between fixed term contracts which is equal to or less than 8 weeks; or

(b) apprentices who are retained in employment for more than 6 months after the completion of their apprenticeship.

Schedule A
—Classification Definitions—Field Sector
A.1 Definitions
Cultivation/cane production career path stream means the specialised career path for employees engaged in any duties associated with the preparation of land for the growing of sugar cane, any duties associated with the planting and growing of sugar cane, and any pre and post harvesting field work duties and including the operation of, and any work in connection with the operation of, any tractor or vehicle or other mobile equipment used in connection therewith.
Cane haulage career path stream means the specialised career path for employees engaged in operating or on any duties in connection with the operation of any tractor or other vehicle used in the hauling out of harvested sugar cane to any delivery point as determined.
Cane harvesting career path stream means the specialised career path for employees engaged in operating or on any duties in connection with the operation of any sugar cane harvester.
A.2 Cultivation/cane production employees
A.2.1 Cultivation/cane production inductee/trainee (CPT)
Includes an employee:

A.2.2 Cultivation/cane production level 1 (CP1)

A.2.3 Cultivation/cane production level 2 (CP2)

A.3 Cane haulage employees
A.3.1 Cane haulage inductee/trainee (CHAUT)
Includes an employee:

A.3.2 Cane haulage 1 (CHAU1)

A.3.3 Cane haulage 2 (CHAU2)

A.4 Cane harvesting employees
A.4.1 Cane harvesting inductee/trainee (CHART)
Includes an employee:

A.4.2 Cane harvesting 1 (CHAR1)

A.4.3 Cane harvesting 2 (CHAR2)

A.5 Cane testing employees
A.5.1 Cane testing 1 (CT1)

Capacity to perform and acquire knowledge of work requirements in accordance with the operational requirements and instructions of the employer.

Certificate in Laboratory Chemistry (Sugar) or an equivalent certificate as recognised by the employer.
A.5.2 Cane testing 2 (CT2)

Has knowledge of and demonstrated performance of work requirements in accordance with the operational requirements and instructions of the employer.

Certificate in Laboratory Chemistry (Sugar) or equivalent and further training relevant to the Cane Testers Technical Handbook in the area of laboratory organisation and cane testing commensurate with the skills, knowledge, autonomy and responsibility of a cane tester at level 2 or the recognition of similar skills resulting from prior learning, recognised and accepted by the employer.
A.5.3 Cane testing 3 (CT3)

Has knowledge of and well demonstrated performance of work requirements in accordance with the operational requirements and instructions of the employer.

Certificate in Laboratory Chemistry (Sugar) or equivalent and further training relevant to the Cane Testers Technical Handbook in the area of higher computing skills, data analysis and advanced cane testing procedures commensurate with the skills, knowledge, autonomy and responsibility of a cane tester at level 3 or the recognition of such skills resulting from prior learning, recognised and accepted by the employer.
A.5.4 Cane testing 4 (CT4)

Has detailed knowledge of and well demonstrated performance of work requirements in accordance with the operational requirements and instructions of the employer.

Cane tester level 3 qualifications or equivalent, and further training relevant to the Cane Testers Technical Handbook in the area of advanced computing skills, data analysis, supervision, administration and performance appraisal skills commensurate with the skills, knowledge, autonomy and responsibility of a cane testing level 4 or the recognition of skills resulting from prior learning, recognised and accepted by the employer.

Schedule B—Classification Definitions—Milling, Distillery, Refinery and Maintenance
B.1 Milling employees
B.1.1 Milling general operator—level 2 (C14)

B.1.2 Production, transport and services operator—level 3 (C13)

B.1.3 Production, transport and services operator—level 4 (C12)

B.1.4 Production, transport and services operator—level 5 (C11)

B.1.5 Production, services, transport operator—level 6 (C10)

B.1.6 Production, services and transport operator—level 7 (C9)

B.1.7 Production, services and transport operator—level 8 (C8)

B.1.8 Production, services and transport operator—level 9 (C7)

B.2 Distillery employees
B.2.1 Distilling and services operator—level 2 (C14)
An employee at this level is required to:

B.2.2 Distilling and services operator—level 3 (C13)
An employee appointed to this level must perform work above and beyond the skills at level 2, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.2.3 Distilling and services operator—level 4 (C12)
An employee appointed to this level must perform work above and beyond the skills at level 3, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.2.4 Distilling and services operator—level 5 (C11)
An employee appointed to this level must perform work above and beyond the skills at level 4, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.2.5 Distilling and services operator—level 6 (C10)
An employee appointed to this level must perform work above and beyond the skills at level 5, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.2.6 Distillery and services operator—level 7 (C9)
An employee appointed to this level must perform work above and beyond the skills at level 6, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.2.7 Distilling and services operator—level 8 (C8)
An employee appointed to this level must perform work above and beyond the skills at level 7, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.2.8 Distilling and services operator—level 9 (C7)
An employee appointed to this level must perform work above and beyond the skills at level 8, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.3 Refinery employees
B.3.1 Refinery operator—level 2 (C14)
An employee at this level is required to:

B.3.2 Refinery operator—level 3 (C13)
An employee appointed to this level must perform work above and beyond the skills at level 2, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.3.3 Refinery operator—level 4 (C12)
An employee appointed to this level must perform work above and beyond the skills at level 3, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.3.4 Refinery operator—level 5 (C11)
An employee appointed to this level must perform work above and beyond the skills at level 4, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.3.5 Refinery operator—level 6 (C10)
An employee appointed to this level must perform work above and beyond the skills at level 5, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.3.6 Refinery operator—level 7 (C9)
An employee appointed to this level must perform work above and beyond the skills at level 6, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.3.7 Refinery operator—level 8 (C8)
An employee appointed to this level must perform work above and beyond the skills at level 7, and must have obtained proficiency and where required certification or qualification necessary to perform work at this level. An employee at this level is required to:

B.4 Maintenance classification structure and definitions
The classification structure and definitions set out in clauses B.4.1 to B.4.10 apply to employees covered by this award, undertaking maintenance functions.
B.4.1 Supervisor/trainer/coordinator

A Supervisor/Trainer/Coordinator—Level II is an employee who is responsible for the supervision and/or training of Supervisor/Trainers/ Coordinators—Level I. Such an employee has completed an AQF IV or V qualification or equivalent of which at least 50% of the competencies are in supervision/training.

A Supervisor/Trainer/Coordinator—Technical is an employee who is responsible primarily for the exercise of skills in the technical field up to the level of their skill and competence and who is responsible for the supervision and/or training of other technical field employees. Such an employee has completed an AQF IV qualification or equivalent of which at least 40% of the competencies are in supervision/training.
B.4.2 Wage Group: C14

B.4.3 Wage Group: C13

B.4.4 Wage Group: C12

B.4.5 Wage Group: C11

B.4.6 Wage Group: C10

and is able to exercise the skills and knowledge of the engineering trade so as to enable the employee to perform work within the scope of this level.

B.4.7 Wage Group: C9

who has completed the minimum training requirements.

B.4.8 Wage Group: C8

who has completed the minimum training requirements.

B.4.9 Wage Group: C7

who has completed the minimum training requirements.

B.4.10 Wage Group: C6

who has completed the minimum training requirements.

B.4.11 Definitions of streams and fields

B.4.12 Procedure for classifying maintenance employees

B.4.13 Points to be assigned to classification levels
The points to be assigned to the classification levels under this award are to be in accordance with Table 2 in the National Metal and Engineering Competency Standards Implementation Guide and as contained in the following table:

Schedule C
—Classification Definitions—Bulk Terminal Operations
C.1 Bulk terminals employee level 1 (BT1)
New starter—basic labouring duties. This is the level for a new terminal technician who undertakes a 3 month probation period whilst training and performing basic labouring duties.
C.2 Bulk terminals employee level 2 (BT2)
General labouring duties. At this level the employee has achieved the basic skills for a terminal technician and performs general labouring duties.
C.3 Bulk terminals employee level 3 (BT3)
Basic plant operation. At this level the employee has achieved the semi skilled terminal technician level and performs plant operation at the basic level.
C.4 Bulk terminals employee level 4 (BT4)
Intermediate plant operation. At this level the employee has achieved the high skilled terminal technician level and performs plant operation at the intermediate level.
C.5 Bulk terminals employee level 5 (BT5)
Advanced plant operation. At this level the terminal technician has achieved the plant operator’s level for production and maintenance and undertakes advanced plant operation.
C.6 Bulk terminals employee level 6 (BT6)
Basic tradesperson (mechanical/engineering). At this level the terminal technician is the basic tradesperson who has achieved the basic skills required to perform all duties relating to normal terminal operations.
C.7 Bulk terminals employee level 7 (BT7)
Advanced tradesperson (mechanical/engineering). At this level the terminal technician is the advanced tradesperson who has achieved the advanced technical skills required to perform all duties relating to normal terminal operations.


Schedule D—Summary of Hourly Rates of Pay
D.1 Field work employees
D.1.1 Full-time and part-time field work employees other than shiftworkers—ordinary and penalty rates

D.1.2 Full-time and part-time field work employees other than shiftworkers—overtime rates

D.1.3 Full-time and part-time field work shiftworkers—ordinary, penalty rates and overtime

1 Afternoon shift and night shift are defined in clause 30.2.

2 Overtime for shiftworkers applies to more than one shift worked per day.

D.1.4 Casual field work employees other than shiftworkers—ordinary and penalty rates

D.1.5 Casual field work shiftworkers—ordinary and penalty rates

1 Afternoon shift and night shift are defined in clause 30.2.

D.2 Milling, distillery, refinery and maintenance employees

NOTE: The rates for ordinary hourly in clause 19.1 and in tables D.2.1 and D.2.3 are calculated by dividing the minimum weekly rate by 38. Where an averaging system is worked in accordance with clause 15.3 so that ordinary hours which are greater than 38 are worked in the nominal crushing season (or other period) and ordinary hours which are less than 38 are worked in the nominal slack season (or other period), the minimum hourly rate for ordinary hours will be no less than the minimum weekly rate divided by the actual ordinary weekly hours worked in the relevant season or period. All of the penalty rates in the tables in D.2 are calculated based on dividing the weekly ordinary rate by 38.

D.2.1 Adult full-time and part-time milling, distillery, refinery and maintenance employees other than shiftworkers—ordinary and penalty rates

1 Outside the spread of 6.00 am to 6.00 pm.

D.2.2 Adult full-time and part-time milling, distillery, refinery and maintenance employees other than shiftworkers—overtime rates

D.2.3 Adult full-time and part-time milling, distillery, refinery and maintenance employees shiftworkers—ordinary and penalty rates

1 Afternoon shift and night shift are defined in clause 30.2.

2 Non-rotating shiftwork is continuous afternoon shift or afternoon and night shift without rotation to day shift.

D.2.4 Adult full-time and part-time milling, distillery, refinery and maintenance employees shiftworkers—sugar mills—weekend rates

1 Continuous shiftworkers—weekend work - 8 hours in any shift between midnight Friday and midnight Sunday in accordance with clause 30.4.

2 5 day roster—final shift of roster on Sat morning - ordinary time worked between midnight Friday and 8.00 am Saturday in accordance with clause 30.7

NOTE: different rates apply for overtime weekend crushing shifts, see clause 30.7(b)

D.2.5 Adult full-time and part-time milling, distillery, refinery and maintenance employees shiftworkers—overtime rates

1 Sugar milling shiftworkers working overtime crushing shifts at weekends are entitled to an additional 25% of minimum hourly rate.

D.2.6 Adult casual milling, distillery, refinery and maintenance employees other than shiftworkers—ordinary and penalty rates

1 Outside the spread of 6.00 am to 6.00 pm.

D.2.7 Adult casual milling, distillery, refinery and maintenance employees shiftworkers—ordinary and penalty rates

1 Afternoon shift and night shift are defined in clause 30.2.

D.2.8 Adult casual milling, distillery, refinery and maintenance employees shiftworkers—sugar mills—weekend rates

1 Continuous shiftworkers—weekend work - 8 hours in any shift between midnight Friday and midnight Sunday in accordance with clause 30.4.

2 5 day roster—final shift of roster on Sat morning - ordinary time worked between midnight Friday and 8.00 am Saturday in accordance with clause 30.7.

NOTE: different rates apply for overtime weekend crushing shifts, see clause 30.7(b).

D.3 Bulk terminal operation employees
D.3.1 Full-time and part-time bulk terminal operations employees other than shiftworkers—ordinary and penalty rates

D.3.2 Full-time and part-time bulk terminal operations shiftworkers—ordinary and penalty rates

1 See clause 30.5.

D.3.3 Full-time and part-time bulk terminal operations—overtime rates

D.3.4 Casual bulk terminals operations employees other than shiftworkers—ordinary and penalty rates

D.3.5 Casual bulk terminals operations shiftworkers—ordinary and penalty rates

1 See clause 30.5.

Schedule E—Summary of Monetary Allowances

See clauses 18—Allowances, 20—Allowances and 22—Allowances for full details of allowances payable under this award.

E.1 Wage-related allowances
E.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum hourly rate for C10/L6 classification in clause 19.1 = $22.70.

E.1.2 Adjustment of wage-related allowances
Wage-related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard rate as specified.
E.2 Expense-related allowances
E.2.1 The following expense-related allowances will be payable to employees in accordance with clauses 18.3, 20.3 and 22.3:

E.2.2 Adjustment of expense-related allowances

Schedule F—School-based Apprentices
F.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.
F.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training contract for an apprentice declared or recognised by the relevant State or Territory authority.
F.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.
F.4 For the purposes of clause F.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.
F.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.
F.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.
F.7 The duration of the apprenticeship must be as specified in the training contract for each apprentice but must not exceed 6 years.
F.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency based progression.
F.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years duration) or stages of competency based progression. 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.
F.10 If an apprentice converts from school-based to full-time, the successful completion of competencies 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.
F.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.

Schedule G—Supported Wage System
G.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.
G.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 Social Services that records the employee’s productive capacity and agreed wage rate.
G.3 Eligibility criteria
G.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.
G.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.
G.4 Supported wage rates
G.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

G.4.2 Provided that the minimum amount payable must be not less than $87 per week.
G.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
G.5 Assessment of capacity
G.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 SWS 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.
G.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.
G.6 Lodgement of SWS wage assessment agreement
G.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.
G.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.
G.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 SWS.

G.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.

G.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.

G.10 Trial period
G.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 4 weeks) may be needed.
G.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.
G.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
G.10.4 Work trials should include induction or training as appropriate to the job being trialled.
G.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 G.5.
Schedule H
—National Training Wage
H.1 Definitions
H.1.1 In this schedule:
adult trainee means 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, in relation to a trainee, means the training specified in the training contract of the trainee.
Australian Qualifications Framework (AQF) means the national framework for qualifications in post-compulsory education and training.
relevant State or Territory training authority means a body in the relevant State or Territory that has power to approve traineeships, and to 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:
Apprenticeship and Traineeship Act 2001 (NSW);
Education and Training Reform Act 2006 (Vic);
Training and Skills Development Act 2008 (SA);
Training and Skills Development Act 2016 (NT);
Training and Tertiary Education Act 2003 (ACT);
Training and Workforce Development Act 2013 (Tas);
Vocational Education and Training Act 1996 (WA);
Further Education and Training Act 2014 (Qld).
trainee means an employee undertaking a traineeship under a training contract.
traineeship means a system of training that:

(a) has been approved by the relevant State or Territory training authority; and

(b) meets the requirements of a training package developed by the relevant Skills Service Organisation and endorsed by the Australian Industry and Skills Committee; and

(c) leads to an AQF certificate level qualification.

training contract means an agreement for a traineeship made between an employer and an employee that is registered by the relevant State or Territory training authority.
training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification that have been endorsed for an industry or enterprise by the Australian Industry and Skills Committee.
wage level A, B or C see clause H.4.
Year 10 includes any year before Year 10.
H.1.2 A reference in this schedule to out of school refers only to periods out of school beyond Year 10 as at 1 January in each year and is taken to:

(a) include any period of schooling beyond Year 10 that was not part of, or did not contribute to, a completed year of schooling; and

(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 after the completion during that year of a year of schooling.

H.2 Coverage
H.2.1 Subject to clauses H.2.2 to H.2.5, this schedule applies to an employee covered by this award who is undertaking a traineeship and whose training package and AQF certificate level are allocated to a wage level by clause H.6 or by clause H.4.4.
H.2.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in clause H.6.
H.2.3 This schedule does not apply to:

H.2.4 If this schedule is inconsistent with other provisions of this award relating to traineeships, the other provisions prevail.
H.2.5 This schedule ceases to apply to an employee at the end of the traineeship.
H.3 Types of traineeship
The following types of traineeship are available:
H.3.1 A full-time traineeship based on 38 ordinary hours per week, with 20% of those hours being approved training;
H.3.2 A part-time traineeship based on fewer than 38 ordinary hours per week, with 20% of those hours being approved training provided:

H.4 Minimum rates
H.4.1 Minimum weekly rates for full-time traineeships

The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause H.6.1 is the weekly rate specified in column 2 of Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Table 1—Wage level A minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1.

Table 2—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

The minimum rate for a full-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause H.6.3 is the weekly rate specified in Column 2 of Table 3—Wage level C minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Table 3—Wage level C minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1.

Table 4—Wage level B minimum weekly rate for full-time trainees (AQF Certificate Level I–III traineeship)

NOTE: See clause H.4.3 for other minimum wage provisions that affect clause H.4.1.
H.4.2 Minimum hourly rates for part-time traineeships

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause H.6.1 is the hourly rate specified in column 2 of Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in column 1.
Table 5—Wage level A minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)

NOTE: See clause H.4.2(f) for calculating the actual minimum wage. See also clause H.4.3 for other minimum wage provisions that affect clause H.4.2.

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level B by clause H.6.2 is the hourly rate specified in Column 2 of Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Table 6—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–III traineeship)

NOTE: See clause H.4.2(f) for calculating the actual minimum wage. See also clause H.4.3 for other minimum wage provisions that affect clause H.4.2.

The minimum hourly rate for a part-time trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level C by clause H.6.3 is the hourly rate specified in Column 2 of Table 7—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–II traineeship) according to the highest year of schooling completed by the trainee specified in that column and the experience level of the trainee specified in Column 1.
Table 7—Wage level B minimum hourly rate for part-time trainees (AQF Certificate Level I–II traineeship)

NOTE: See clause H.4.2(f) for calculating the actual minimum wage. See also clause H.4.3 for other minimum wage provisions that affect clause H.4.2.

The minimum hourly rate for a part-time trainee who works ordinary hours and is undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to wage level A by clause H.6 is the hourly rate in column 1 or 2 of Table 8—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship) according to the year of schooling of the trainee.
Table 8—Minimum hourly rate for part-time trainees (school-based AQF Certificate Level I–III traineeship)

NOTE: See clause H.4.2(f) for calculating the actual minimum wage. See also clause H.4.3 for other minimum wage provisions that affect clause H.4.2.

Table 9—Minimum hourly rate for part-time adult trainees (AQF Certificate Level IV traineeship)

NOTE: See clause H.4.2(f) for calculating the actual minimum wage. See also clause H.4.3 for other minimum wage provisions that affect clause H.4.2.

H.4.3 Other minimum wage provisions

H.4.4 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 clause H.6 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.
H.5 Employment conditions
H.5.1 A trainee undertaking a school-based traineeship may agree to be paid an additional loading of 25% on all ordinary hours worked instead of being paid annual leave, paid personal/carer’s leave, paid compassionate leave and paid absence on public holidays. However, if the trainee works on a public holiday, the public holiday provisions of this award apply.
H.5.2 A trainee is entitled to be released from work without loss of pay and without loss of continuity of employment to attend any training and assessment specified in, or associated with, the training contract.
H.5.3 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.
H.5.4 The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is wholly off-the-job is determined by clauses H.4.2(e)(i) and H.4.2(e)(ii) and not by clause H.5.3.
H.5.5 Subject to clause H.2.4, this award applies to a trainee in the same way that it applies to an employee who is not a trainee except as otherwise expressly provided by this schedule.
H.6 Allocation of traineeships to wage levels

The wage levels applying to training packages and their AQF certificate levels are:

H.6.1 Wage level A

H.6.2 Wage level B

H.6.3 Wage level C

Schedule I—Agreement to Take Annual Leave in Advance
Link to PDF copy of 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 J—Agreement to Cash Out Annual Leave
Link to PDF copy of 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 K—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of 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___

 1   [2017] FWCFB 5536.

 2   [2019] FWCFB 1980.