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Aircraft Cabin Crew Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777277 and PR778014).
Clause(s) affected by the most recent variation(s):
2—Definitions
11—Casual employees
13A—Employee right to disconnect
28—Dispute resolution
Table of Contents
[Varied by PR746868, PR747360, PR750413, PR774759, PR778014]
Schedule F —Agreement for Time Off Instead of Payment for Overtime.............................. 75
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Aircraft Cabin Crew Award 2020.
[Varied by PR733831, PR774759, PR777277]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
airport reserve is a term which applies to domestic and regional flying only and means duty time spent by a cabin crew member at the airport awaiting assignment to a flight or duty.
appropriate accommodation means accommodation which as a minimum is quiet and free from factors which may reduce adequate rest and must provide a separate room for each cabin crew member.
assigned or assignable is where a cabin crew member is directed or available for direction by the employer to a duty or vacancy.
block hour or flight hour is the time from engine start-up to engine shut-down.
cabin crew manager means a cabin crew member who is responsible for the supervision of cabin crew members and the management of all cabin activities including supply and delivery of in-flight product/entertainment in conjunction with overseeing customer and crew safety, and initiation and performance of emergency procedures when necessary onboard aircraft. A cabin crew manager also performs duties associated with arrivals and departures of aircraft, as required.
cabin crew member means a person responsible for the comfort and safety of passengers in their carriage by aircraft, in accordance with the standards and regulations determined by the employer, and employed under the provision of this award.
calendar day means the 24 hour period commencing at 0000 hours local time.
calendar month means the period between 0000 hours on the first day of each calendar month and 2359 hours on the last day of the same calendar month, subject to the following exceptions:
· the calendar month of February is the period between 0000 hours on 31 January and 2359 hours on 1 March.
· the calendar month of March is the period between 0000 hours on 2 March and 2359 hours on 31 March.
[Definition of casual employee inserted by PR733831 from 27Sep21; varied by PR777277 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
deadhead travel means all travel performed under direction not associated with the actual operation of the aircraft. For the purpose of this award deadhead travel time will be regarded as duty time.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
domestic cabin crew member means a cabin crew member predominantly undertaking domestic flying.
domestic flying means any flying that is not international or regional flying.
duty includes the following time:
(a) all time spent as an operating cabin crew member whilst in flight including time spent in flight deadheading on duty, or while accompanying disabled people, aged people or infants;
(b) time required for duty, including deadhead travel before and after each daily flight sequences, will be not less than 45 minutes prior to departure for sign-on purposes and not less than 15 minutes after engine shut down for sign-off purposes;
(c) time spent on the ground between sign-on and sign-off;
(d) time spent on airport reserve duty;
(e) time spent on reserve duty at home as specified in clause A.9;
(f) time spent in deadhead flying and associated ground time for the purpose of operating a later service, or time spent in deadhead flying and associated ground time for the purpose of returning to base after operating a service terminating short of base. Credit under clause 2 will cease if the cabin crew member released for an overnight stop elects to return by a later service;
(g) time spent in emergency procedure practices, examinations and courses organised by the employer;
(h) time spent on uniform fittings, where the employer pays the cost of the uniforms;
(i) time spent when required for duty other than flying not specifically covered by clause 2;
(j) time spent as assignable in accordance with clause A.9; or
(k) time spent where cabin crew members are required to be interviewed by police or legal counsel or give evidence in civil or criminal courts for matters arising out of their employment.
duty period means the elapsed time between sign-on and sign-off at home base required to complete a duty or series of duties as directed.
duty time means all time on duty in accordance with this award.
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774759 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774759 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
home base has the same meaning as permanent base.
international cabin crew member means a cabin crew member predominantly undertaking international flying.
international flying means flying from a point of departure either:
(a) within Australia to a point of arrival in another country;
(b) within another country to a point of arrival in Australia; or
(c) within another country to a point of arrival in another country,
provided that another country does not mean a place within the territorial waters of Australia.
layover means a period of more than 9 consecutive hours free of duty between duty periods at a port other than home base, in any 24 hours standing alone, measured from the time of commencement of duty.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
narrow-bodied aircraft means an aircraft with a single aisle.
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
non-airport reserve is time spent by a cabin crew member at their residence or nominated whereabouts at their permanent base awaiting assignment to a flight or duty.
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.
overlap is flying in a roster period which extends into the next roster period.
permanent base is the employer-nominated geographical location from which cabin crew members are rostered for duty.
planned duty means duty known to the employer prior to the employer required reporting time at the cabin crew member’s base for that duty.
regional airline means an employer operating aircraft for the primary purpose of transporting goods and passengers by scheduled commercial air services or charter by air to and/or from regional airports throughout Australia (including between regional airports and airports in capital cities).
regional cabin crew member means a cabin crew member employed by a regional airline.
regional flying means any flying by a regional airline.
reserve line means a line which contains planned sequences of available days and designated duty free days and may include days of approved leave and/or ground duties.
reserve line holder means an employee allocated to a reserve line.
rest period means the time free from duty commencing at sign-off.
roster is an arrangement of duties, rest periods and/or designated days off and/or approved leave which are allocated to a cabin crew member.
rostered day off is a rostered calendar day free of duty at permanent base or base of temporary transfer and must include the nominated duty free periods.
sign-off means the completion of all duties associated with a tour of duty and will be not less than 15 minutes after the actual engine shut-down where flight duty, including deadhead, is involved.
sign-on (domestic and regional cabin crew) means the time a cabin crew member is required to report for flight duty and will be no less than 45 minutes prior to the departure of a flight. Airport Reserve or other duties will be the rostered commencement time for that duty.
sign-on (international cabin crew) means the time a cabin crew member is required to report for flight duty which will be at least 75 minutes prior to the departure of the flight at permanent base and 60 minutes at other ports or as otherwise agreed.
[Definition of small business employer inserted by PR774759 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly rate for a cabin crew member in clause 14.2.
stand-by means an arrangement which consists of a maximum of 12 hours of availability to an employer under which the employer may require a cabin crew member to report for duty with 120 minutes’ notice. Stand-bys can only be given to international cabin crew members at their home base or nominated address but not at airports. Stand-bys can be allocated to a reserve line holder only.
substitute day off means a day off which is provided as a substitute for a rostered day off.
temporary transfer means the transfer of a cabin crew member from a permanent base to another base for the purpose of being temporarily employed at that base for a period of time to be not less than 7 consecutive days and not more than 31 consecutive days.
tour of duty is the elapsed period between sign-on and sign-off at the cabin crew member’s permanent base.
unplanned duty means duty not known to the employer prior to the employer-required reporting time at the cabin crew member’s base for that duty.
URTI means upper respiratory tract infection.
warlike or hostile circumstances includes:
(a) acts of war, whether declared or undeclared;
(b) warlike acts in the course of civil war or armed civil insurrection;
(c) deliberate attacks on aircraft by units or armed forces (including shooting or forcing down in time of peace); or
(d) where a cabin crew member is killed in the course of duty with the employer as a result of proven acts of sabotage or acts of hijacking.
wide-bodied aircraft means an aircraft with more than one aisle.
[Definition of workplace delegate inserted by PR774759 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
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.
4.1 This award covers employers of aircraft cabin crew and their employees employed throughout Australia in the classifications listed in clause 14—Minimum rates to the exclusion of any other modern award.
4.2 This award covers any employer which supplies on-hire employees in classifications set out in clause 14—Minimum rates and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.2 operates subject to the exclusions from coverage in this award.
(a) an employee excluded from award coverage by the Act;
(b) 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
(c) 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.
4.4 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
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
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 substituted by PR763244 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 28—Dispute resolution and/or under section 65B of the Act.
7.1 This award contains facilitative provisions that allow agreement between an employer and cabin crew members and their representatives on how specific award provisions are to apply at the workplace or part or parts of it.
7.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to a cabin crew member or cabin crew members covered by this award.
7.3 If a facilitative provision requires agreement between the employer and the majority of cabin crew members and their representatives in the workplace or part or parts of it and agreement is reached, the agreement binds all cabin crew members in that workplace or part or parts of it.
7.4 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
11.3(b) |
Payment of wages—casual employees |
An individual or the majority of employees |
|
15.1(b) |
Period of payment |
An individual or the majority of employees |
|
18.4 |
Time off instead of payment for overtime |
An individual |
|
19.7 |
When payment will be made for annual leave |
An individual |
|
19.9 |
Recall of employee from annual leave |
An individual |
|
19.11 |
Annual leave in advance |
An individual |
|
19.12 |
Cashing out of annual leave |
An individual |
|
A.6.1(c) |
Domestic flying—overtime |
An individual |
|
B.1.6(a)(ii) |
Accommodation and meals on a layover—general entitlement |
An individual |
|
B.1.6(a)(iv) |
Accommodation and meals on a layover—general entitlement |
An individual |
|
B.2.8 |
Regional flying—Days off |
An individual |
|
C.6.1(c) |
International flying—Overtime |
An individual |
8.1 Cabin crew members under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.3 A cabin crew member can be appointed to:
(a) predominantly undertake international flying;
(b) predominantly undertake domestic flying;
(c) predominantly undertake regional flying; or
(d) undertake a mix of international and domestic flying.
A full-time employee is an employee who is engaged as such and is rostered between 1716 and 1872 hours per annum.
10.1 A part-time employee is an employee who is engaged as such and is required to work less than the full-time hours at the workplace on a reasonably predictable basis.
10.2 Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time cabin crew members who do the same work in the classification concerned.
10.4 An employer is required to roster a part-time cabin crew member for a minimum of 4 consecutive hours on any shift.
10.5 All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.
10.6 A part-time cabin crew member employed under the provisions of clause 10 must be paid for ordinary hours worked at the minimum hourly rate prescribed for the class of work performed.
[Varied by PR733831, PR777277]
[11.1 deleted by PR733831 from 27Sep21]
[11.2 renumber as 11.1 by PR733831 from 27Sep21]
11.1 A casual cabin crew member must be paid per hour at the minimum hourly rate prescribed for the class of work performed, plus 25%. This loading is instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.
[11.3 renumber as 11.2 by PR733831 from 27Sep21]
11.3 Payment of wages—casual employees
[11.4 renumber as 11.3 by PR733831 from 27Sep21]
(a) Casual cabin crew members must be paid either at the termination of each engagement, weekly, fortnightly or monthly, in accordance with the method of payment in clause 15.2.
11.4 Changes to casual employment status
[11.5 renumber as 11.4 and renamed and substituted by PR733831; renamed and substituted by PR777277 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 28—Dispute resolution.
12.3 Notwithstanding the requirements of clauses 12.1 and 12.2 an employer cannot require service of an employee in warlike or hostile circumstances.
13. Ordinary hours of work and rostering
13.1 Domestic cabin crew member hours of work and duty hour limitations provisions are contained in Schedule A—Domestic Flying.
13.2 Regional cabin crew member hours of work and duty hour limitations provisions are contained in Schedule B—Regional Flying.
13.3 International cabin crew member hours of work and duty hour limitations provisions are contained in Schedule C—International Flying.
13A. Employee right to disconnect
[13A inserted by PR778014 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is on reserve duty or stand-by under clause A.9 or C.7; and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the reserve duty or stand-by.
[Varied by PR718865, PR729305, PR740727, PR762156, PR773931]
14.1 The classifications and minimum rates under this award are set out in clause 14.2.
[14.2 varied by PR718865, PR729305, PR740727, PR762156, PR773931 ppc 01Jul24]
|
Employee classification |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Cabin crew member |
1012.20 |
26.64 |
|
Cabin crew supervisor (narrow-bodied aircraft, 4 or more crew) |
1181.00 |
31.08 |
|
Cabin crew manager (wide-bodied aircraft) |
1379.40 |
36.30 |
NOTE: See Schedule D—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
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.
15.1 Period of payment
(a) Except as provided in clause 15.1(b), wages must be paid each 14 or 28 days or calendar month, in arrears.
Wages must be paid by cheque or electronic funds transfer into the employee’s bank account or other recognised financial institution account.
15.3 Payment on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 15.3(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 15.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 15.3. 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.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 Domestic cabin crew member allowances including wage, expense and disability allowances are contained in Schedule A—Domestic Flying.
16.2 Regional cabin crew member allowances including wage, expense and disability allowances are contained in Schedule B—Regional Flying.
16.3 International cabin crew member allowances including wage, expense and disability allowances are contained in Schedule C—International Flying.
NOTE: See Schedule E—Summary of Monetary Allowances for a summary of monetary allowances.
[Varied by PR771323]
17.1 Superannuation legislation
[17.1 substituted by PR771323 ppc 09Apr24]
(a) The NES and 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), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 17 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
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.
17.3 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 17.2.
(c) The employer must pay the amount authorised under clauses 17.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 17.3(a) or (b) was made.
17.4 Superannuation fund
[17.4 varied by PR771323 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 17.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 17.2 and pay any amount authorised under clauses 17.3(a) or 17.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) 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
(b) a superannuation fund or scheme which the employee is a defined benefit member of.
[Varied by PR763244]
18.1 Domestic cabin crew member overtime entitlements are contained in Schedule A—Domestic Flying.
18.2 Regional cabin crew member overtime entitlements are contained in Schedule B—Regional Flying.
18.3 International cabin crew member overtime entitlements are contained in Schedule C—International Flying.
18.4 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.
(c) An agreement must state each of the following:
(i) the number of overtime hours to which it applies and when those hours were worked;
(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;
(iv) that any payment mentioned in clause 18.4(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 18.4 is set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule F—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 18.4 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 18.4 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 18.4 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 18.4(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 18.4 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 18.4 will apply, including the requirement for separate written agreements under clause 18.4(b) for overtime that has been worked.
[Note varied by PR763244 ppc 01Aug23]
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 65A(3) of the Act).
(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 18.4 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 18.4.
Part 6—Leave and Public Holidays
[Varied by PR751065]
19.1 Annual leave is provided for in the NES.
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).
19.2 Entitlement to annual leave
An employee is entitled to annual leave such that the employee’s total entitlement to annual leave pursuant to the NES and this award for each year of employment is a total of 42 days’ annual leave, inclusive of Saturdays, Sundays and public holidays on full salary for each completed year of service.
In addition to the entitlement to payment under clause 19.2, an employee when proceeding on annual leave will be paid in respect of the first 28 of 42 days’ annual leave falling due each year (inclusive of Saturdays, Sundays and public holidays) an annual leave loading equivalent to 17.5% of the minimum hourly rate.
19.4 Direction to take annual leave during shutdown
[19.4 renamed and substituted by PR751065 ppc 01May23]
(a) Clause 19.4applies if an employer:
(i) intends to shut down all or part of its operation for a particular period (temporary shutdown period); and
(ii) wishes to require affected employees to take paid annual leave during that period.
(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 19.4(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.
(e) A direction by the employer under clause 19.4(d):
(i) must be in writing; and
(ii) must be reasonable.
(f) The employee must take paid annual leave in accordance with a direction under clause 19.4(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 19.4(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period
(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 19.11.
(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 19.11, to which an entitlement has not been accrued, is to be taken into account.
(j) Clause 20 does not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 19.4.
19.5 When annual leave can be taken
(a) A period of leave will commence on a Monday unless otherwise mutually agreed.
(b) Normally, annual leave will be granted and will be taken within 12 months from the date on which it falls due or alternatively 15 months from the date of commencement of the preceding period of leave.
(c) Annual leave will be allocated in no more than 2 periods unless otherwise mutually agreed between the employee and the employer.
(d) Subject to clause 20—Excessive Annual Leave, annual leave must be taken at a time mutually agreed between the employee and employer.
19.6 Proportionate annual leave on termination of employment
On termination of employment an employee will be paid fully instead of annual leave:
(a) for all untaken annual leave entitlements that have fallen due in relation to any completed years of service, in accordance with clause 19.2, and the loading specified in clause 19.3 for each completed year of service; and
(b) for the balance of the employment period, or for the whole period where it has been less than one completed year, at the rate of 1/365th of the entitlement in clause 19.3 for each completed day of employment in respect of which annual leave has not been granted; and
(c) the annual leave loading, as specified in clause 19.3, will be paid in the case of redundancy.
19.7 When payment will be made for annual leave
An employee will be paid in full for the period of leave to be taken prior to commencing such leave unless mutually agreed between the employee and the employer.
19.8 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 19, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
19.9 Recall of employee from annual leave
An employer will not be entitled to recall an employee from annual leave except by mutual agreement between the employer and the employee. Where an employee is so recalled the employee will be granted 2 days’ annual leave in place of each such day and the employee may elect to add such additional entitlements to the balance of this interrupted annual leave period.
19.10 Illness during annual leave
(a) would not be fit for work during annual leave because of a personal illness, or personal injury, affecting the employee;
(b) advises the employer as soon as practicable of such illness or injury; and
(c) produces medical evidence of the illness or injury;
will be allowed to take that period against personal/carer’s leave credits and have the annual leave credit adjusted accordingly. The personal/carer’s leave documentation must be submitted within 15 days of return to duty.
(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:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 19.11 is set out at Schedule G—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 19.11 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 19.11, 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.
19.12 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 19.12.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 19.12.
(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 19.12 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 19.12 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 19.12 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 19.12.
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 19.12.
NOTE 3: An example of the type of agreement required by clause 19.12 is set out at Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.
20.1 Excessive Annual Leave Accruals
Clause 20 contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals.
20.2 Definitions
An employee has an excessive leave accrual if the employee has accrued more than 84 days of annual leave (including Saturdays, Sundays and public holidays).
20.3 Eliminating excessive leave accruals
(a) Dealing with excessive leave accruals by agreement
Before an employer can direct that leave be taken under clause 20.3(b) or an employee can give notice of leave to be granted under clause 20.3(c), the employer or employee must seek to confer and must genuinely try to agree upon steps that will be taken to reduce or eliminate the employee’s excessive leave accrual.
(b) Employer may direct that leave be taken
(i) Clause 20.3(b) applies if an employee has an excessive leave accrual.
(ii) If agreement is not reached under clause 20.3(a), the employer may give a written direction to the employee to take a period or periods of paid annual leave. Such a direction must not:
(A) result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than 63 days (inclusive of Saturdays, Sundays and public holidays and also taking into account all other paid annual leave that has been agreed, that the employee has been directed to take or that the employee has given notice of under clause 20.3(c);
(B) require the employee to take any period of leave of less than one week;
(C) require the employee to take any period of leave commencing less than 8 weeks after the day the direction is given to the employee;
(D) require the employee to take any period of leave commencing more than 12 months after the day the direction is given to the employee; or
(E) be inconsistent with any leave arrangement agreed between the employer and employee.
(iii) An employee to whom a direction has been given under clause 20.3(b) may make a request to take paid annual leave as if the direction had not been given.
NOTE: The NES state that the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
(iv) If leave is agreed after a direction is issued and the direction would then result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than 63 days inclusive of Saturdays, Sundays and public holidays, the direction will be deemed to have been withdrawn.
(v) The employee must take paid annual leave in accordance with a direction complying with clause 20.3(b).
(c) Employee may require that leave be granted
(i) Clause 20.3(c) applies if an employee has had an excessive leave accrual for more than 6 months and the employer has not given a direction under clause 20.3(b) that will eliminate the employee’s excessive leave accrual.
(ii) If agreement is not reached under clause 20.3(a), the employee may give a written notice to the employer that the employee wishes to take a period or periods of paid annual leave. Such a notice must not:
(A) result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than 63 days (inclusive of Saturdays, Sundays and public holidays and also taking into account all other paid annual leave that has been agreed, that the employee has been directed to take or that the employee has given notice of under clause 20.3(c);
(B) provide for the employee to take any period of leave of less than one week;
(C) provide for the employee to take any period of leave commencing less than 8 weeks after the day the notice is given to the employer;
(D) provide for the employee to take any period of leave commencing more than 12 months after the day the notice is given to the employer; or
(E) be inconsistent with any leave arrangement agreed between the employer and employee.
(iii) The maximum amount of leave that an employee can give notice of under clause 20.3(c) is 42 days' leave in any 12 month period.
(iv) The employer must grant the employee paid annual leave in accordance with a notice complying with clause 20.3(c).
21. Personal/carer’s leave and compassionate leave
21.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
21.2 Clause 21 applies to full-time and part-time employees.
21.3 Effect of workers compensation
There is no entitlement to paid leave of absence for any period the employee is receiving workers compensation payments.
21.4 Return from personal leave
An employee who has been granted paid personal leave for an injury or illness in respect of which they have consulted a medical practitioner will remain on such leave subject to their entitlements from time to time, until such time as they are deemed to be medically fit in accordance with the relevant Civil Aviation Orders (CAOs) and/or Civil Aviation Regulations (CARs) to resume flying.
21.5 URTI leave
A cabin crew member will be granted up to 6 working days’ leave per annum, not cumulative, for sickness associated with upper respiratory tract infection (URTI). If required by the employer a medical certificate must be produced.
22. Parental leave and related entitlements
[22 varied by PR763244 ppc 01Aug23]
Parental leave and related entitlements are provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 28—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
24. Family and domestic violence leave
[24—Unpaid family and domestic violence leave renamed and substituted by PR750413 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
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.
[Varied by PR747360]
25.1 For the avoidance of doubt:
(a) the minimum wage provided for in this award; and
(b) the entitlement to annual leave in clause 19—Annual leave,
take into account an employee’s entitlement to public holidays in the NES and include compensation for all public holidays provided for in the NES.
[25.2 deleted by PR747360 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774759 from 01Jul24]
25A. Workplace delegates’ rights
[25A inserted by PR774759 from 01Jul24]
25A.1 Clause 25A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 25A.
25A.2 In clause 25A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
25A.3 Before exercising entitlements under clause 25A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
25A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
25A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
25A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 25A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
25A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 25A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
25A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
25A.9 Exercise of entitlements under clause 25A
(a) A workplace delegate’s entitlements under clause 25A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 25A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 25A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 25A.
26. Consultation about major workplace change
26.1 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):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
26.2 For the purposes of the discussion under clause 26.1(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.
26.3 Clause 26.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
26.4 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 26.1(b).
26.5 In clause 26 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.
26.6 Where this award makes provision for alteration of any of the matters defined at clause 26.5, such alteration is taken not to have significant effect.
27. Consultation about changes to rosters or hours of work
27.1 Clause 27 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.
27.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 27.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
27.4 The employer must consider any views given under clause 27.3(b).
27.5 Clause 27 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763244, PR777277, PR778014]
28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, 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.
28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.
28.5 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.
28.6 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.
28.7 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 28.
28.8 While procedures are being followed under clause 28 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.
28.9 Clause 28.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763244; deleted by PR778014 from 26Aug24]
[Note inserted by PR778014 from 26Aug24; varied by PR777277 from 27Aug24]
NOTE: In addition to clause 28, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 8—Termination of Employment and Redundancy
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
29.1 Notice of termination by an employee
(a) Clause 29.1 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.
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
1 week |
|
More than 1 year but not more than 3 years |
2 weeks |
|
More than 3 years but not more than 5 years |
3 weeks |
|
More than 5 years |
4 weeks |
NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.
(c) In clause 29.1(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 29.1(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 29.1(b), then no deduction can be made under clause 29.1(d).
(f) Any deduction made under clause 29.1(d) must not be unreasonable in the circumstances.
(b) The time off under clause 29.2(a) is to be taken at times that are convenient to the employee after consultation with the employer.
29.3 Termination away from home base
(a) Where the employment of a cabin crew member is terminated by either the cabin crew member or the employer while the cabin crew member is away from base on a layover or temporary transfer, the notice period in either clause 29.1 or the NES will commence on the cabin crew member’s return to home base or the place of recruitment where this is mutually agreed.
(d) Clauses 29.3(b) and 29.3(c) do not apply when an employer elects to provide equivalent transport.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
30.1 Transfer to lower paid duties on redundancy
(a) Clause 30.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.
(b) The employer may:
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 30.1(c).
(c) If the employer acts as mentioned in clause 30.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
30.2 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 30 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
30.3 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 30.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 30.3(b).
(d) An employee who fails to produce proof when required under clause 30.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 29.2.
30.4 Terminated away from home base
If a cabin crew member’s termination date for redundancy occurs while away from home base, the provisions of clause 29.3 will apply. In addition, the period of notice will be amended to commence from the time the cabin crew member is returned to home base.
[Varied by PR718865, PR719018, PR729305, PR729490, PR740727, PR740895, PR762156, PR773931, PR774102]
(b) Clause A.1.1 applies whether the transfer is permanent or temporary, so long as the actual period of transfer exceeds 6 months (whether known at the time of initial transfer or not).
(c) Clauses A.1.1(a) and A.1.1(b) do not apply when an employee requests to transfer to another base on a permanent or temporary basis.
A.1.2 Uniforms
(a) If an employer requires employees to wear uniforms, the employer must provide an adequate number of uniforms and replace them from time to time as may be required as a result of fair wear and tear on duty.
(b) The employee must wear the uniform at all times whilst on duty and must keep the uniform in good order and condition.
(c) The employee must replace the uniform at their own cost if replacement becomes necessary, except as a result of fair wear and tear.
(d) Uniforms remain the property of the employer at all times, and must be returned by the employee on termination of their employment.
(e) Employees who are required to attend a fitting for an employer supplied uniform will receive duty credits of 30 minutes, provided that this period will count for pay purposes only and not otherwise for duty hour calculations or limitations.
A.1.3 Accommodation
Employees on duty away from home base will be provided with appropriate accommodation and transport between the airport and hotel.
A.1.4 Higher duties
Where an employee is required to work in a higher classification for a temporary period, the employee will be entitled to payment at the rate of the higher classification for that period.
A.1.5 Passports and visas
If an employer specifically requires an employee to obtain a passport and visa(s), the employer must bear all costs associated with the issue of the passport and visa(s).
A.1.6 Ground transport allowance
(a) A cabin crew member who does not have a car registered with the employer must be provided with transport between the airport and the city office if sign‑on occurs between the hours of 2000 and 0730.
(b) A cabin crew member who overnights away from home base must be provided transport from airport to overnight accommodation. The employer will arrange such transport to coincide within 15 minutes of the estimated time of arrival of the aircraft.
(c) A reserve cabin crew member called out for duty must be prepared to sign on at the airport as early as possible but not later than 90 minutes after receiving the duty call out. Transport to and from the airport at the employer’s expense will be made available to the cabin crew member on request if required to sign on within 90 minutes of call out.
[A.1.7(a) varied by PR718865, PR729305, PR740727, PR762156, PR773931 ppc 01Jul24]
[A.1.7(b) varied by PR718865, PR729305, PR740727, PR762156, PR773931 ppc 01Jul24]
(b) The flying allowance applies to cabin crew members if their rostered flying in a roster period is predominantly domestic flying.
Example of how the flying allowance works
If a cabin crew member’s average scheduled hours in a roster period are approximately 120 hours, of these 120 hours on average about 90 hours would be block hours, that is, the time that the employee is actually operating as a cabin crew member on a flight. Thus in the roster period, in addition to the employee’s minimum rate of pay, the employee would earn an additional $1530.00 pay per month ($17.00 x 90 block hours).
NOTE: This is an example only. Scheduled hours and block hours will vary from roster period to roster period.
(c) The flying allowance in clause A.1.7 is instead of:
(i) daily travelling allowance (DTA);
(ii) uniform and grooming allowance;
(iii) hose allowance;
(iv) shoe allowance; and
(v) miscellaneous expense reimbursement (MER) allowance.
[A.1.7(d) varied by PR719018, PR729490, PR740895, PR774102 ppc 01Jul24]
(d) A component of the flying allowance is paid as reimbursement for meals and incidentals (daily travelling allowance). The DTA component is calculated using the Australian Taxation Office travel allowance Table 1 rate for meals and incidentals: divided by 24. The resultant amount is paid for every block hour of duty. At June 2024, the component is $152.70 = $6.36 per hour.
A.1.8 Training allowance
(i) in flight trainer means a cabin crew member appointed for periods of time by the employer for the purpose of in-flight training of trainee cabin crew members; and
(ii) ground school trainer means a cabin crew member appointed by the employer to conduct on ground training as required.
(b) For the purpose of clause A.1.8(a), the term cabin crew member’s minimum weekly rate refers only to a cabin crew member’s minimum weekly rate and excludes a cabin manager’s minimum weekly rate.
A.1.9 Meal allowance
(a) The employer must provide meals and/or refreshments on or around the times the meal/refreshments are served during the flight the cabin crew member is working.
(b) On tours of duty of 5 or more hours which do not include at least one meal sector, a meal and/or refreshments will be provided where possible in those cases where the cabin crew member does not have access to other catering facilities.
A.2 Ordinary hours of work
A.2.1 Ordinary hours of work for employees are 1872 hours each year, including attendance caused by flight delays and roster changes. Planned duty hours will be rostered:
(a) over 13 roster periods of 28 days of up to 144 duty hours plus reasonable additional hours;
(c) over a 14 day roster period up to 72 hours plus reasonable additional hours.
A.2.2 Ordinary hours of work for employees include weekends and public holidays. If required by the employer, employees may be required to perform work in any pattern of hours, including work on weekends and public holidays.
A.3 Rostering
A.3.1 The employer must prepare a roster for the roster period for full-time and part-time employees showing sign-on and sign-off times, stand-by, duties, rostered days off, flight details, dates and ports of overnight stays.
A.3.2 The roster must be provided to employees at least 7 days before the commencement of the roster period.
A.3.4 With the consent of the employer, employees may exchange duties, stand-by or rostered days off.
A.3.5 An employee will not be rostered beyond a maximum of 6 sectors in any duty period and will not be rostered to work on more than 6 consecutive days.
A.3.6 Meal breaks
The employer will make every endeavour to ensure that a cabin crew member has a 20 minute paid meal break at least 5 hours after sign-on. A cabin crew member’s meal break will be assigned on the day taking account of operational needs. Meal breaks can be taken in flight or at turn around but will not affect operations or service delivery.
A.4 Rostered days off
A.4.1 Employees will be entitled to 8 calendar days off at home base in each completed 28 day period.
A.4.2 Where an employee works on a calendar month roster, the employee’s days off will be a minimum of 9 days off in every month.
A.4.3 The employer may contact employees on a rostered day off and request employees to work. The employee may refuse to work if to do so would be unreasonable having regard to:
(a) any risk to employee health and safety; or
(b) the employee’s personal circumstances including any genuine family or carer’s responsibilities.
A.4.4 The employer may call employees in to undertake duty as required.
A.4.5 Where a duty inadvertently infringes a rostered day off, an employee will be entitled to a substitute day off which will be assigned on a day agreed with the employee. If agreement on a substitute day off cannot be reached the substitute day off will be assigned in the next roster period.
A.5 Duty limitations and rest periods
|
Duty type |
Planned hours |
Unplanned hours |
|
Deadhead |
12 |
15 |
|
Operate |
12 |
15 |
|
Deadhead to operate |
12 |
15 |
|
Operate to deadhead |
12 |
15 |
|
Operate to deadhead to home base |
13 |
16 |
|
Non-airport reserve (stand-by credits do not count towards duty limitations) |
12 |
N/A |
|
Airport reserve (stand-by credits do not count towards duty limitations) |
8 |
N/A |
|
Other non-flying duty |
12 |
N/A |
|
Combination non-flying duty and operate or deadhead |
14 |
16 |
A.5.2 Rest periods
(a) A rest period is calculated from the sign-off time of any duty.
(b) The minimum planned rest period after a duty will be:
|
Duty |
Planned rest hours |
Unplanned hours |
|
0 to 14 hours |
12 |
10 |
|
14 hours 1 min to 15 hours |
equal to duty hours |
12 |
A.6 Overtime
A.6.1 Overtime for domestic flying will be paid as follows:
(a) For all time worked in excess of 1872 hours in a year, the cabin crew member will be paid a penalty of 100% additional to the employee’s minimum hourly rate, pro rated for time less than a complete hour.
(b) For all time worked in excess of the cabin crew member’s roster cycle maximum as specified in clauses A.2.1(a), A.2.1(b) or A.2.1(c) as applicable, the cabin crew member will be paid a penalty of 100% additional to the employee’s minimum hourly rate, pro rated for time less than a complete hour.
(c) Where unplanned extensions exceed the daily limit, the affected cabin crew member may agree to a further extension. Agreement will also include agreement on an appropriate payment. Such agreement will be made in accordance with clause 7—Facilitative provisions of the award.
A.7 Call in and work on days off
A.7.2 Subject to clause A.7.1 employees may elect to reduce their day off period if the employee wishes to resume their next rostered duties.
A.7.3 Rest periods and days off may overlap.
A.8 Deadhead
A.8.1 Deadhead sector(s) may occur at any stage during a duty period.
A.8.2 Employees must deadhead in uniform or carry on board their uniform on every occasion in case employees are required to operate. Employees may be directed to operate on deadhead duty.
A.9.1 Any period in a roster that is not assigned as a duty period, rest period, or rostered day off may be assigned as a reserve duty either at roster build or during the roster period.
A.9.2 A reserve duty may be at an airport, home or other location.
A.9.3 If employees are on reserve duty (other than an airport stand-by) employees must be contactable and ready to perform duties within 90 minutes of contact. This time limit may be extended in particular circumstances and employees will be advised of any such extensions.
A.9.4 Employees may be released from reserve duties at any time.
Example of how the reserve period ratio in clause A.9.5 works:
If an employee is rostered to commence reserve duty at home at 0900 hours, and they are called in to work to sign-on at 1100 hours, in respect to the 2 hours elapsed on stand-by the employee will be credited with 30 minutes towards the roster period hourly total (and zero minutes for the purposes of duty period limitation calculations).
A.9.7 Notwithstanding clause A.9.6, where reserve duty occurs at an airport and the employee is rostered to perform predominantly domestic flying, all elapsed hours spent on standby before the allocation of a flying duty will be credited towards the roster period hourly total and towards duty period limitations for a call out for domestic flying.
[Varied by PR718865, PR719018, PR729305, PR729490, PR740727, PR740895, PR762156, PR762320, PR773931, PR774102]
B.1 Allowances
B.1.1 Uniform and grooming allowances
(b) The provisions of clause B.1.1(a) do not apply where the employer elects to provide the uniforms and replacement of items free of charge.
(c) A regional cabin crew member must replace at their own cost any uniform items if replacement becomes necessary, except as a result of fair wear and tear.
B.1.2 Travel at employer’s direction
(i) for the cost of air travel for the regional cabin crew member, the regional cabin crew member’s spouse or de facto partner and dependants under 21 years of age; and
(ii) if a regional cabin crew member or their family are off-loaded overnight, for transport to and from the airport, appropriate accommodation and meals on each such occasion.
(b) Clause B.1.2(a) does not apply when an employer elects to provide equivalent transport and appropriate accommodation free of charge.
(d) Clause B.1.2(c) does not apply when an employer elects to provide equivalent transport free of charge.
B.1.3 Uniform fittings in another base
(b) Clause B.1.3(a) does not apply when an employer elects to provide equivalent transport.
(c) Where travel to another base is required, uniform fittings must take place on a day free of rostered duty (other than a designated day off).
B.1.4 Transport provided where regional cabin crew member is away from home base more than 48 hours
(i) provide suitable transport, or reimburse the cost of suitable transport, between the regional cabin crew member’s home and their base airport irrespective of time of departure or return; or
[B.1.4(a)(ii) varied by PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
(b) Clause B.1.4(a) does not apply when an employer elects to provide the suitable transport free of charge.
B.1.5 Transport provided on a layover
(b) Clause B.1.5(a) does not apply when the employer provides the suitable transport free of charge at the required time.
B.1.6 Accommodation and meals on a layover
(a) General entitlement
(ii) The provisions of clause B.1.6 do not apply when the employer elects to provide the appropriate accommodation and meals free of charge. If the employer and regional cabin crew member agree, the employer may only provide the appropriate accommodation and pay the regional cabin crew member the applicable allowances in clause B.1.9 instead of providing meals.
[B.1.6(a)(iii) varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
(iii) Where appropriate accommodation was not available or provided on the layover in accordance with clause B.1.6(a)(i), a regional cabin crew member will be paid a disability allowance of $109.31 per night.
[B.1.6(a)(iv) varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
[B.1.7 varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
A regional cabin crew member on a layover must be paid a layover allowance of $25.90 per layover.
B.1.8 Stopover of four hours or more
(a) Where in any tour of duty there is a break of 4 hours or more between successive flights, an employer must reimburse a regional cabin crew member for the cost of obtaining adequate rest facilities, as appropriate to the area, which allow horizontal rest.
(b) The provisions of clause B.1.8 do not apply when the employer elects to provide the rest facilities free of charge.
B.1.9 Meal periods and allowances
[B.1.9 varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
Where a regional cabin crew member commences a tour of duty from a layover port, which involves duty in excess of 30 minutes in a meal period, as specified below, they must be provided with a meal or paid the appropriate meal allowance.
|
Meal period |
Time period |
Allowance |
|
|
|
$ |
|
Breakfast |
0630 to 0800 hours |
26.78 |
|
Lunch |
1200 to 1330 hours |
30.88 |
|
Dinner |
1800 to 2000 hours |
69.72 |
Where an employer requires a regional cabin crew member to have a telephone or paging service, the employer must reimburse the employee:
(a) the cost of installation or transfer for one telephone or pager at any one base; and
(b) 50% of the rental charge of that telephone or pager.
B.1.11 Loss or damage to personal effects allowance
[B.1.11(a) varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
(b) Permanent loss is deemed to have occurred if such baggage has not been recovered within 40 days from the date of loss.
(c) Any such entitlement will not apply to circumstances in which compensation is payable under the airline’s passenger liability provisions.
[B.1.11(d) varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
(e) Where loss of personal baggage occurs to a regional cabin crew member while away from base on duty, they must be reimbursed reasonable expenses incurred.
(f) Where a payment has been made and the baggage is subsequently recovered, the employer will be entitled to reimbursement of the payment made.
B.1.12 Reimbursement for legal claims allowances
(a) A regional cabin crew member must be reimbursed by an employer for the monetary amount of any successful legal claim made by any member of the public, passenger or happening against a regional cabin crew member when duly performing their nominated duty, whether efficiently or, as may be subsequently determined, negligently.
(b) An exception to this is when the regional cabin crew member knowingly performs duty in a manner contrary to law or the employer’s policy and direction.
B.1.13 Death benefits allowances
[B.1.13(a) varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
(b) A regional cabin crew member’s entitlement to a death benefit under a superannuation scheme provided by their employer of not less than the amount prescribed in clause B.1.13(a) will satisfy the employer’s obligations under clause B.1.13.
[B.1.13(c) varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
(c) Should an employer’s insurer reject a proposal for cover of a regional cabin crew member under clause B.1.13(a), and should the regional cabin crew member be able to obtain insurance, the regional cabin crew member will be reimbursed, upon production of a receipt up to $508.08 per annum. This will be deemed to discharge the employer’s obligation in clause B.1.13(a).
B.2.1 Monthly hours
(a) A regional cabin crew member must not fly and the employer must not roster the regional cabin crew member to fly in excess of 100 hours in a 30 day period.
(b) Subject to the provisions of clauses B.2 to B.4, regional cabin crew member duty periods will comply with the flight time limitations and rest periods applicable to pilots as prescribed in CAOs Part 48 Section 48.1 as varied from time to time.
B.2.2 Weekly hours
A regional cabin crew member must not fly and the employer must not roster the regional cabin crew member to fly in excess of 30 hours in a 7 day period.
(a) An employer must not roster a regional cabin crew member to fly when completion of the flight will result in the regional cabin crew member exceeding 90 hours of duty of any nature associated with the regional cabin crew member’s employment standing alone.
(b) The operator must designate the day on which the first of the fortnightly periods will start.
(c) For the purpose of clause B.2.3 duties associated with a regional cabin crew member’s employment include reserve time at the airport, tour of duty, deadhead transportation, administrative duties and all forms of ground training.
B.2.4 Daily duty hours
(a) A regional cabin crew member must not be rostered for a tour of duty in excess of 11 hours.
(b) A tour of duty already commenced under clause B.2.4(a) may be extended to 12 hours.
(d) The flight time in a tour of duty already commenced under clause B.2.4(c) may be extended to 9 hours.
B.2.5 Maximum number of consecutive working days
A regional cabin crew member must not be required to work more than 6 consecutive days.
B.2.6 Maximum number of sectors
(a) A regional cabin crew member must not operate more than 9 sectors in any tour of duty.
(b) Where the rest period prior to the commencement of a tour of duty is less than 11 hours, at other than home base, the regional cabin crew member must not operate more than 6 sectors in that tour of duty.
(c) All deadhead travel will count as sectors flown for the purpose of clause B.2.6.
(a) A regional cabin crew member must not be required to be on duty for a period in excess of 5 hours without a 30 minute break free of all duty for a meal.
(b) The turnaround time for this break must be not less than 50 minutes.
(c) Meal breaks must be scheduled at a port with adequate eating facilities.
[B.2.7(d) varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
(a) A regional cabin crew member’s days off may only be altered by agreement between the employer and the regional cabin crew member.
(b) Where a regional cabin crew member is on temporary assignment away from home base the regional cabin crew member may elect to defer designated days off and in such an event they must, upon return to home base, receive the deferred designated days off.
(c) A regional cabin crew member must not be rostered for a tour of duty terminating after 2200 hours on the day preceding a designated day off and must not be rostered to commence duty prior to 0600 hours on the day following the designated day off.
(d) Where a tour of duty, rostered to terminate before 2200 hours on the day preceding a designated day off, is extended by delays so that it terminates after 2200 hours, the regional cabin crew member must be regarded as having worked on a designated day off and the provisions of clause B.2.9 will apply.
B.2.9 Working on a designated day off
(a) A regional cabin crew member will not be required to work on a designated day off. In unforeseen circumstances an employer may request a regional cabin crew member to work on a designated day off. A regional cabin crew member may agree to work on a designated day off and will be entitled to:
(i) a substitute designated day off date within the current roster period or the next roster period as agreed between the employer and the regional cabin crew member; and
[B.2.9(a)(ii) varied by PR718865, PR729305, PR740727, PR762156, PR773931 ppc 01Jul24]
(ii) an allowance of $141.20 for each day.
(b) Substitute designated days off will not accumulate beyond the roster period after the one in which the substitution occurs.
B.3 Rest periods
(a) 9 consecutive hours including the hours between 2200 hours and 0600 hours local time; or
(b) 10 consecutive hours.
B.3.2 Despite the provisions of clause B.3.1, when an aircraft is scheduled to arrive at such a time that the regional cabin crew member would be free of duty not later than 2200 hours local time and the aircraft is delayed beyond that time, the 9 hour rest period prescribed may be commenced up to 2300 hours local time, provided the succeeding tour of duty does not exceed 6 hours.
B.3.3 Where a regional cabin crew member is rostered to fly 8 hours or less and that rostered flying has been extended under clause B.2.4(d) up to 9 hours the regional cabin crew member must receive a rest period on the ground of not less than:
(a) 9 consecutive hours which must include the hours between 2200 hours and 0600 hours local time, plus one additional hour for each 15 minutes or part thereof by which the regional cabin crew member’s tour of duty time exceeds 11 hours; or
(b) 10 consecutive hours plus one additional hour for each 15 minutes or part thereof by which the regional cabin crew member’s tour of duty time exceeds 11 hours.
B.3.4 Where a regional cabin crew member is rostered for a tour of duty of 11 hours or less and that rostered duty has been extended under clause B.2.4(b) up to 12 hours, the regional cabin crew member must receive a rest period on the ground of not less than:
(a) 9 consecutive hours which must include the hours between 2200 hours and 0600 hours local time, plus one additional hour for each 15 minutes or part thereof by which the regional cabin crew member’s flight time exceeds 8 hours; or
(b) 10 consecutive hours plus one additional hour for each 15 minutes or part thereof by which the regional cabin crew member’s flight time exceeds 8 hours.
B.3.5 Where a regional cabin crew member has commenced a tour of duty of 11 hours or less under clause B.2.4(a) or a tour of duty of 8 hours’ flight time or less under clause B.2.4(c) and the duty exceeds 12 hours or the flight time exceeds 9 hours the regional cabin crew member must have, at the completion of the tour of duty, a rest period of at least 24 consecutive hours.
(a) 12 consecutive hours including the hours between 2200 hours and 0600 hours local time; or
(b) 24 consecutive hours, if not including the hours between 2200 hours and 0600 hours local time,
the regional cabin crew member must have a rest period on the ground of at least 12 consecutive hours including the hours between 2200 hours and 0600 hours local time or 24 consecutive hours, prior to commencing a further tour of duty.
B.3.7 Despite the provisions of clause B.3.6, when an aircraft is scheduled to arrive at such a time that the regional cabin crew member would be free of duty not later than 2200 hours local time and the aircraft is delayed beyond that time, the 12 hour rest period prescribed in clause B.3.6 may be commenced up to 2300 hours provided that the succeeding tour of duty does not exceed 6 hours.
B.3.8 A regional cabin crew member must not commence a flight and an operator must not roster a regional cabin crew member for a flight unless during the 7 day period terminating coincident with the termination of the flight, the regional cabin crew member has been relieved from all duty associated with their employment for at least one continuous period including the hours between 2200 hours and 0600 hours on 2 consecutive nights.
B.4.2 A copy of the complete roster must be displayed on the regional cabin crew member notice board prior to the commencement of the roster period.
B.4.3 Each roster will specify the regional cabin crew member’s designated days off, duty days, tours of duty, flight details, periods of leave and any other form of duty as may be applicable.
B.4.4 A rostered tour of duty must not be preceded or followed by a period of reserve duty in any one calendar day.
(a) All alterations to rostered duty within 48 hours after provision of the roster must be advised as soon as possible and will be confirmed in writing.
(b) A regional cabin crew member will only be displaced from rostered duty for the following reasons:
(i) disruptions to service;
(ii) flight cancellation;
(iii) checking or training; or
(iv) the operation of any part of this award.
B.4.6 Exchange of rostered duty
Exchange of duty between regional cabin crew members will be granted by the employer upon the request of regional cabin crew members concerned, provided that regional cabin crew members’ ability to complete subsequent rostered flying is not affected.
Schedule C—International Flying
[Varied by PR719018, PR729490, PR740895, PR762320, PR774102]
The provisions in Schedule C—International Flying apply only to cabin crew members when they are rostered to predominantly undertake international flying.
C.1 Allowances
(a) An employee is entitled to receive payment from their employer of all reasonable expenses incurred by them for the removal of their furniture and personal effects if required to relocate from one base to another base for a period in excess of 6 months at the direction of the employer. Clause C.1.1 applies whether the transfer is permanent or temporary, so long as the actual period of transfer exceeds 6 months (whether known at the time of initial transfer or not).
(b) Clause C.1.1 does not apply when an employee requests to transfer to another base on a permanent or temporary basis.
C.1.2 Uniforms
(a) If an employer requires employers to wear uniforms, the employer must provide an adequate number of uniforms and replace them from time to time as may be required as a result of fair wear and tear on duty.
(b) The employee must wear the uniform at all times whilst on duty and must keep the uniform in good order and condition.
(c) The employee must replace the uniform at their own cost if replacement becomes necessary, except as a result of fair wear and tear.
(d) Uniforms remain the property of the employer at all times, and must be returned by the employee on termination of their employment.
(e) Employees who are required to attend a fitting for an employer supplied uniform will receive duty credits of 30 minutes, provided that this period will count for pay purposes only and not otherwise for duty hour calculations or limitations.
C.1.3 Accommodation
Employees away from home base on duty will be provided with appropriate accommodation and transport between the airport and hotel.
C.1.4 Higher duties
Where an employee is required to work in a higher classification for a temporary period, the employee will be entitled payment at the rate of the higher classification for that period.
C.1.5 Passports and visas
If an employer specifically requires an employee to obtain a passport and visa(s), the employer must bear all costs associated with the issue of the passport and visa(s).
C.1.6 Ground transport allowance
(a) A cabin crew member who does not have a car registered with the employer must be provided with transport between the airport and the city office if sign‑on occurs between the hours of 2000 hours and 0730 hours.
(b) A cabin crew member who overnights away from home base must be provided transport from airport to overnight accommodation. The employer will arrange such transport to coincide within 15 minutes of the estimated time of arrival of the aircraft.
(c) A reserve cabin crew member called out for duty must be prepared to sign on at the airport as early as possible but not later than 90 minutes after receiving the duty call out. Transport to and from the airport at the employer’s expense will be made available to the cabin crew members on request if required to sign on within 90 minutes of call out.
C.1.7 International incidentals allowance
[C.1.7 varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
When on duty on international flying, employees will be paid an incidentals allowance of $2.24 per block hour or part thereof.
C.1.8 International meal allowance
When on international flying duty, employees must be provided with all meals. Meals must be of an appropriate standard. The employer may pay an allowance instead of arranging the provision of meals. Such allowance must be of an adequate standard and reflect community norms in the expected quality and adequacy of the meals intended to be covered by the allowance.
C.2 Ordinary hours of work
C.2.1 Ordinary hours of work for employees are 1872 hours each year. Planned duty hours will be rostered:
(a) over 13 roster periods of 28 days of up to 144 duty hours plus reasonable additional hours;
(c) over a 14 day roster period up to 72 hours per fortnight plus reasonable additional hours.
C.2.2 Ordinary hours of work for employees include weekends and public holidays. If required by the employer, employees may be required to perform work in any pattern of hours, including work on weekends and public holidays.
C.3 Rostering
C.3.1 The employer must prepare a roster for the roster period for full-time and part-time employees showing sign-on and sign-off times, stand-by, duties, rostered days off, flight details, dates and ports of overnight stays.
C.3.2 The roster must be provided to employees at least 7 days before the commencement of the roster period.
C.3.3 The employer may reassign employees an alternative duty during the roster period for valid operational reasons only.
C.3.4 With the consent of the employer, employees may exchange duties, stand-by or rostered days off.
C.3.5 Meal breaks
A cabin crew member undertaking international flying is entitled to a 20 minute paid break which will be given within 6 hours after sign on except in exceptional circumstances. For every additional 4 hours of operating flight duty following the first 6 hours, the employee will be entitled to a further 20 minute paid meal break, the timing of which will take into account operational needs. Meal breaks can be taken in flight or at turn around but will not affect operations or service delivery.
C.4 Rostered days off
C.4.1 Employees will be entitled to 8 calendar days off at home base in each completed 28 day period.
C.4.2 Where an employee works on a calendar month roster the employee’s days off will be a minimum of 9 days off in every month.
(a) any risk to employee health and safety; or
(b) the employee’s personal circumstances including any genuine family or carer’s responsibilities.
C.4.4 The employer may call employees in to undertake duty as required.
C.4.5 Where an employee is assigned to a duty that commences on a rostered day off in accordance with clause C.4.3, a substitute day off will be assigned on an agreed day with the employee. If agreement on a substitute day cannot be reached the substitute day will be assigned in the next roster period.
C.5 Duty limitations and rest periods
C.5.1 For all international flying the following duty period limitations will apply:
(a) Duty time is calculated from the sign-on time for that duty.
(b) The maximum duty time will be:
|
Duty type |
Planned duty hours |
Unplanned duty hours |
|
Non-flying duty |
10 |
N/A |
|
Stand-by (stand-by credits do not count towards duty limitations) |
12 |
N/A |
|
Only operating—more than one sector |
14 |
20 |
|
Only operating—one sector |
18 |
20 |
|
Operating (must not exceed 14 hours) followed by deadhead |
18 |
20 |
|
Deadhead followed by operating |
14 |
20 |
|
Deadhead followed by non-flying duty followed by deadhead |
14 |
20 |
|
Only deadhead |
24 |
26 |
C.5.2 Rest periods
(a) A rest period is calculated from the sign-off time of any duty.
(b) The minimum planned rest period after a duty will be:
|
Duty |
Planned rest hours |
Unplanned hours |
|
0 to 14 hours |
12 |
10 |
|
14 hours 1 min to 17 hours |
equal to duty hours |
12 |
|
17 hours 1 min to 24 hours |
20 |
17 |
C.6 Overtime
C.6.1 Overtime for international flying will be paid as follows:
(a) For all time worked in excess of 1872 hours in a year, the cabin crew member will be paid a penalty of 100% additional to the employee’s minimum hourly rate, pro rated for time less than a complete hour.
(b) For all time worked in excess of the cabin crew member’s roster cycle maximum as specified in clauses C.2.1(a), C.2.1(b) or C.2.1(c) as applicable, the cabin crew member will paid a penalty of 100% additional to the employee’s minimum hourly rate, pro rated for time less than a complete hour.
(c) Where unplanned extensions exceed the daily limit, the affected cabin crew member may agree to a further extension. Agreement will also include agreement on an appropriate payment. Such agreement will be made in accordance with clause 7—Facilitative provisions of the award.
C.7.1 Any period in a roster that is not assigned as a duty period, rest period, or rostered day off may be assigned as a reserve duty either at roster build or during the roster period.
C.7.2 A reserve duty may be at an airport, home or other location.
C.7.3 If employees are on reserve duty (other than an airport stand-by) employees must be contactable and ready to perform duties within 90 minutes of contact. This time limit may be extended in particular circumstances and employees will be advised of any such extensions.
C.7.4 Employees may be released from reserve duties at any time.
Example of how the reserve period ratio in clause C.7.5 works:
If an employee is rostered to commence reserve duty at home at 0900 hours, and they are called in to work to sign-on at 1100 hours, with respect to the 2 hours elapsed on stand-by the employee will be credited with 30 minutes towards the roster period hourly total (and zero minutes for the purposes of duty period limitation calculations).
C.7.6 Where reserve duty occurs at an airport, all elapsed hours spent on reserve before the allocation of a flying duty will be credited towards the roster period hourly total but not to duty period limitations.
Schedule D—Summary of Hourly Rates of Pay
[Varied by PR718865, PR729305, PR740727, PR762156, PR773931]
D.1 Full-time and part-time employees
D.1.1 Full-time and part-time employees—ordinary and overtime rates
[D.1.1 varied by PR718865, PR729305, PR740727, PR762156, PR773931 ppc 01Jul24]
|
Employee classification |
Ordinary hours |
Overtime—domestic flying and international flying employees |
|
For all time worked in excess of 1872 hours in a year or in excess of the employee’s roster cycle maximum |
||
|
|
% of minimum hourly rate |
|
|
|
100% |
200% |
|
|
$ |
$ |
|
Cabin crew member |
26.64 |
53.28 |
|
Cabin crew supervisor (narrow-bodied aircraft, 4 or more crew) |
31.08 |
62.16 |
|
Cabin crew manager (wide-bodied aircraft) |
36.30 |
72.60 |
D.2 Casual employees
D.2.1 Casual employees—ordinary rates
[D.2.1 varied by PR718865, PR729305, PR740727, PR762156, PR773931 ppc 01Jul24]
|
Employee classification |
Ordinary hours |
|
|
|
% of minimum hourly rate |
|
|
|
125% |
|
|
|
$ |
|
|
Cabin crew member |
33.30 |
|
|
Cabin crew supervisor (narrow-bodied aircraft, 4 or more crew) |
38.85 |
|
|
Cabin crew manager (wide-bodied aircraft) |
45.38 |
Schedule E—Summary of Monetary Allowances
[Varied by PR718865, PR719018, PR729305, PR729490, PR740727, PR740895, PR750801, PR762156, PR762320, PR773931, PR774102]
See clause 16—Allowances for full details of allowances payable under this award.
E.1 Wage-related allowances:
[E.1.1 varied by PR718865, PR729305, PR740727, PR762156, PR773931 ppc 01Jul24]
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 weekly rate for a cabin crew member in clause 14.2 = $1012.20.
|
[Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Domestic Flying |
|
|
|
|
|
Flying allowance |
A.1.7(a) |
1.68 |
17.00 |
per hour |
|
Regional Flying |
|
|
|
|
|
Working on a designated day off |
B.2.9(a)(ii) |
13.95 |
141.20 |
per day |
E.1.2 Automatic adjustment of wage-related allowances
[E.1.2 renamed and substituted by PR750801 ppc 15Mar23]
The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.
E.2 Expense-related allowances:
[E.2.1 varied by PR719018, PR729490, PR740895, PR762320, PR774102 ppc 01Jul24]
E.2.1 The following expense-related allowances will be payable to employees in accordance with Schedule A—Domestic Flying, Schedule B—Regional Flying, and Schedule C—International Flying:
|
Allowance |
Clause |
$ |
Payable |
|
Regional Flying |
|
|
|
|
Uniform and grooming allowance—regional cabin crew |
B.1.1(d) |
152.13 |
per month |
|
Uniform and grooming allowance—casual regional cabin crew |
B.1.1(e) |
7.00 |
per day |
|
Transport allowance—regional cabin crew away from home base for more than 48 hours |
B.1.4(a)(ii) |
0.99 |
per km |
|
Accommodation and meals on layover—disability allowance |
B.1.6(a)(iii) |
109.31 |
per night |
|
Accommodation and meals on layover—arrangement and payment of own expenses by employee |
B.1.6(a)(iv) |
157.90 |
per night |
|
Layover allowance |
B.1.7 |
25.90 |
per layover |
|
Meal periods and allowances—duty from layover port during meal period: |
B.1.9 |
|
|
|
Breakfast—0630 to 0800 hours |
|
26.78 |
per occasion |
|
Lunch—1200 to 1330 hours |
|
30.88 |
per occasion |
|
Dinner—1800 to 2000 hours |
|
69.72 |
per occasion |
|
Loss or destruction of personal baggage while on tour of duty—an amount of up to |
B.1.11(a) |
2874 |
per claim |
|
Standard traveller’s baggage and personal effects insurance—provided by employer—an amount to the value of |
B.1.11(d) |
2541 |
|
|
Death benefits—policy amount—an amount not less than |
B.1.13(a) |
203,383 |
|
|
Death benefits insurance—reimbursement—an amount of up to |
B.1.13(c) |
508.08 |
per annum |
|
Missed meal break allowance |
B.2.7(d) |
11.51 |
per missed break |
|
International Flying |
|
|
|
|
International incidentals allowance |
C.1.7 |
2.24 |
per block hour |
E.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
|
Allowance |
Applicable Consumer Price Index figure |
|
Accommodation, incidentals and layover allowance |
All groups |
|
Loss or damage to personal effects and death benefits allowance |
Insurance sub-group |
|
Meal allowance |
Take away and fast foods sub-group |
|
Uniform and grooming allowance |
Clothing and footwear group |
|
Vehicle/travel allowance |
Private motoring sub-group |
|
Allowance |
Clause |
% |
Payment detail |
|
Domestic Flying |
|
|
|
|
Training allowance |
A.1.8(a) |
9.5 |
% of cabin crew member’s minimum weekly rate |
|
Regional Flying |
|
|
|
|
Telephone allowance—reimbursement |
B.1.10 |
50 |
% of rental charge of telephone or pager |
Schedule F—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___
Schedule G—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 H—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 I—Part-day Public Holidays deleted by PR747360 ppc 14Nov22]
[Schedule X—Additional Measures During the COVID-19 Pandemic deleted by PR746868 ppc 17Oct22]
Modern award and related determinations on the Find My Award tool or otherwise on the Fair Work Ombudsman’s website display content taken from the Fair Work Commission’s website. The Fair Work Commission and Fair Work Ombudsman take care to ensure that modern award and related determination copies are accurate at the time of publication but do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of the information displayed by the Find My Award tool or otherwise on the Fair Work Ombudsman’s website or resources.
Any data extracts must be read in conjunction with the provisions in the modern award. These copies and extracts are not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
The Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters, skies and communities. We pay our respects to them, their Cultures, and Elders past and present.