You’re offline. This is a read only version of the page.
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777326 and PR778065).
Clause(s) affected by the most recent variation(s):
11—Casual employees
15A—Employee right to disconnect
33—Dispute resolution
Table of Contents
[Varied by PR746868; PR750418, PR774815, PR778065]
20. Higher duties, dual-role employment and multi-hiring arrangement....................... 21
Schedule G —Agreement for Time Off Instead of Payment for Overtime............................. 68
Part 1—Application and Operation of this Award
1.1 This award is the Alpine Resorts Award 2020.
1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.
1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.
[Varied by PR733867, PR774815, PR777326]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
adult apprentice means an apprentice who is 21 years of age or over at the commencement of their apprenticeship.
alpine resort has the meaning given in clause 4.2.
[Definition of casual employee inserted by PR733867 from 27Sep21; varied by PR777326 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.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774815 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 PR774815 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).
junior employee means an employee who is less than 19 years old.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
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.
[Definition of regular casual employee inserted by PR733867 from 27Sep21]
regular casual employee has the meaning given by section 12 of the Act.
rostered day off (RDO) means any day on which an employee, by virtue of the employee’s roster, is not rostered to attend for rostered hours of work and does not include non-working days.
seasonal employee means an employee engaged to perform work for the duration of a specified season.
shiftworker means an employee who:
· is employed by an employer which has shifts continuously rostered 24 hours a day for 7 days a week; and
· is regularly rostered to work those shifts; and
· regularly works on Sundays and public holidays.
[Definition of small business employer inserted by PR774815 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
snowsports instructor is an employee whose primary role is teaching skiing or boarding including race and specialist program coaches.
standard rate means the minimum hourly rate for a Resort Worker Level 2 in clause 18.1.
[Definition of workplace delegate inserted by PR774815 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 National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of this award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
4.1 This industry award covers employers throughout Australia who operate an alpine resort and their employees employed at, or in direct connection with the operation of, the alpine resort in the classifications within Schedule A—Classification Definitions to the exclusion of any other modern award.
4.2 Alpine resort means a resort which includes, among other things, an alpine lift.
4.3 This award covers any employer which supplies labour on an on-hire basis to the alpine resort industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.3 operates subject to the exclusions from coverage in this award.
4.4 This award covers employers which provide group training services for apprentices and trainees engaged in the alpine resort industry and/or parts of that industry and those apprentices and trainees engaged by a group training service hosted by a company to perform work at a location where the activities described in clause 4.1 are being performed. Clause 4.4 operates subject to the exclusions from coverage in this award.
4.5 This award does not cover:
(a) employees 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.
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 PR763297 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 33—Dispute resolution and/or under section 65B of the Act.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
23.2 |
Time off instead of payment for overtime |
An individual |
|
25.3 |
Annual leave in advance |
An individual |
|
25.8 |
Cashing out of annual leave |
An individual |
|
30.3 |
Substitution of public holidays by agreement |
An individual |
Part 2—Types of Employment and Classifications
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
8.2 At the time of engagement, an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual.
9.1 A full-time employee is engaged to work:
(a) 38 ordinary hours per week; or
(b) an average of 38 ordinary hours per week over a maximum work cycle of four weeks.
10.1 A part-time employee:
(a) is paid the minimum hourly rate applicable to their classification as set out in clause 18—Minimum rates for the hours worked in any week;
(c) receives, on a pro rata basis, pay and conditions equivalent to those of full-time employees.
10.2 At the time of engagement, the employer and the part-time employee will agree in writing on a regular pattern of work specifying at least:
(a) the number of hours to be worked each day;
(b) which days of the week the employee will work; and
(c) the start and finish times each day.
[Varied by PR723847, PR733867, PR777326]
[11.1 varied by PR733867 from 27Sep21]
11.1 A casual employee may be engaged in any classification in this award.
[11.2(a) substituted by PR723847 ppc 20Nov20]
(a) For each ordinary hour worked, a casual employee must be paid:
(i) the minimum hourly rate for the classification in which they are employed; and
(ii) a loading of 25% of the minimum hourly rate.
(b) A casual employee is an employee engaged as such in any classification in this award and must be paid a casual loading of 25%. This loading is paid as compensation for annual leave, paid personal/carer’s leave, paid compassionate leave, notice of termination, redundancy benefits and the other entitlements from which they are excluded by the terms of this award and the NES.
11.3 Changes to casual employment status
[11.3 renamed and substituted by PR733867, PR777326 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 33—Dispute resolution.
[11.4 deleted by PR733867 from 27Sep21]
[11.5 renumbered as 11.4 by PR733867 from 27Sep21]
(a) At the time of engagement, an employer must inform a casual employee:
(i) that they are employed on a casual basis;
(ii) who they are employed by;
(iii) the job they will perform;
[11.4(a)(iv) varied by PR733867 from 27Sep21]
(iv) their classification level; and
[11.4(a)(v) deleted by PR733867 from 27Sep21]
[11.4(a)(vi) renumbered as 11.4(a)(v) by PR733867 from 27Sep21]
(v) their rate of pay.
(b) A casual employee, other than a Snowsport Instructor, is entitled to a minimum payment of 2 hours’ work on each occasion they are required to work.
(c) In order to meet their personal circumstances a casual employee may request and the employer may agree to an engagement for less than the minimum hours.
12.1 An employer may employ seasonal employees in any classification in this award.
12.2 A seasonal employee may be engaged on either a full-time or part-time basis.
12.3 A full-time seasonal employee is a seasonal employee who is engaged to work 38 ordinary hours per week (or an average of 38 ordinary hours over the anticipated length of their employment).
12.4 A part-time seasonal employee is a seasonal employee who is engaged to work less than 38 ordinary hours per week (or an average of less than 38 ordinary hours over the anticipated length of their employment).
12.6 The employer will advise each seasonal employee either in writing or verbally prior to the end of the season whether that employee’s employment will be terminated at the end of the season.
12.7 Seasonal employees will be paid the hourly rate applicable to their classification as set out in clause 18—Minimum rates.
13.1 Apprentices will be engaged in accordance with relevant apprenticeship legislation and be paid in accordance with clause 18.4, 18.5 and 18.6.
13.2 An apprentice under the age of 18 years must not, without their consent, be required to work overtime or shiftwork.
13.3 An apprentice will be engaged for a minimum of 4 hours per shift.
13.4 Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 13.4 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.
13.5 For the purposes of clause 13.4, excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 13.5, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.
13.6 The amount payable by an employer under clause 13.4 may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.
13.8 An employer may meet its obligations under clause 13.7 by paying any fees and/or cost of textbooks directly to the RTO.
13.10 Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 13.10 operates subject to the provisions of Schedule E—School-based Apprentices.
13.11 No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.
13.12 Except as provided in clause 13 or where otherwise stated, all conditions of employment specified in this award apply to apprentices.
The definitions of the classification levels under this award are set out in Schedule A—Classification Definitions.
15.1 Ordinary hours may be worked on any 5 days of the week with a maximum of 10 hours per day.
Notwithstanding provisions elsewhere in this award, the employer and the majority of employees at an enterprise may agree to establish a system of make-up time provided that:
(a) with the consent of the employer, an employee may elect to work make-up time where the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in this award;
(b) with the consent of the employer, an employee on shiftwork may elect to work make-up time where the employee takes time off during ordinary hours and works those hours at a later time, at the shiftwork rate which would have been applicable to the hours taken off.
15A. Employee right to disconnect
[15A inserted by PR778065 from 26Aug24]
15A.1 Clause 15A 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.
15A.2 Clause 15A 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.
15A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
16.1 The employer must prepare a roster showing the name of each employee and their days of work and starting and finishing times and post it on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes it more accessible.
16.2 The roster will be alterable:
(a) at any time by mutual consent;
(b) by the employer on the day before the shift was originally scheduled; or
(c) as soon as is reasonably practicable when notice is unable to be given on the day before the shift.
(a) Clause 16.3 only applies to full-time employees other than seasonal employees.
(b) Notice
(i) An employer will give at least one week’s notice of a rostered day off.
(ii) An employee may agree to a lesser period of notice than that specified in clause 16.3(b)(i).
(c) Substitute days
(ii) In the circumstances addressed by clause 16.3(c)(i), the employee will be paid at 150% of the minimum hourly rate for all time worked on the rostered day off and will be granted another rostered day off.
17.1 If an employee, including a casual employee, is required to work for 5 or more hours in a day they must be given an unpaid meal break of no less than 30 minutes.
17.3 Where operational requirements do not allow time for an unpaid meal break in accordance with clause 17.1, the employee will be given a paid meal break of 20 minutes.
17.5 If an employee is not given a meal break in accordance with clauses 17.1 or 17.4 the employer must pay the employee overtime rates from the end of 6 hours until either the meal break is given or the shift ends.
17.6 An employee is entitled to receive an additional 30 minute unpaid meal break for each additional 5 hours worked per day. The taking of any additional meal breaks is to be as per clauses 17.4 and 17.5 above.
[Varied by PR720159, PR723829, PR718910, PR726419, PR730832, PR733867, PR729351, PR731022, PR742741, PR740778, PR762201, PR767900, PR773981]
[18.1 varied by PR718910, PR729351, PR740778, PR762201, PR773981 ppc 01Jul24]
An employer must pay adult employees (other than apprentices) the following minimum rates for ordinary hours worked by the employee:
|
Classification |
Minimum hourly rate |
|
|
$ |
|
Training |
23.47 |
|
Resort Worker Level 1 |
24.10 |
|
Resort Worker Level 2 |
24.98 |
|
Resort Worker Level 3 |
25.82 |
|
Resort Worker Level 4 |
27.15 |
|
Resort Worker Level 5 |
28.03 |
|
Resort Worker Level 6 |
28.86 |
|
Resort Worker Level 7 |
29.64 |
NOTE: See Schedule C—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
[18.2 varied by PR718910, PR729351, PR740778, PR762201, PR773981 ppc 01Jul24]
An employer must pay adult employees (other than apprentices) the following minimum rates for ordinary hours worked by the employee:
|
Minimum hourly rate |
|
|
|
$ |
|
Instructor Category A |
37.15 |
|
Instructor Category B |
33.41 |
|
Instructor Category C |
29.69 |
|
Instructor Category D |
25.97 |
|
Instructor Category E |
24.80 |
NOTE: See Schedule C—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.
18.3 Junior employee rates
[18.3(a) varied by PR767900 ppc 31Dec23]
(a) The minimum rates for junior employees are the following percentages of the minimum hourly rate prescribed for the appropriate adult classification:
|
Age |
% |
|
Under 18 years |
70 |
|
18 years |
80 |
|
19 years and over |
100 |
(b) Junior employees working in roles that undertake liquor service must be paid at the relevant adult minimum rate.
(c) An employer may require an employee to provide proof of their age such as a birth certificate or other satisfactory evidence. The employer must cover the cost of obtaining a birth certificate if required.
(d) An employee under the age of 18 years will not be required to work more than 10 hours in a shift.
An apprentice will be paid the following percentage of the minimum rate for the appropriate adult classification:
|
Year |
% |
|
First year |
55 |
|
Second year |
65 |
|
Third year |
80 |
|
Fourth year |
95 |
18.5 All percentages prescribed in clause 18 will be calculated to the nearest 10 cents. Any amount less than 5 cents will be round down, any amount 5 cents or more will be rounded up to the higher 10 cents.
(a) The minimum rate for an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship must be 80% of the Resort Worker Level 4 rate in clause 18.1, or the rate prescribed by clause 18.4 for the relevant year of the apprenticeship, whichever is the greater.
(b) The minimum rate for an adult apprentice who commenced on or after 1 January 2014 and is in the second and subsequent years of their apprenticeship must be the rate for the lowest adult classification in clause 18.1 or the rate prescribed by clause 18.4 for the relevant year of the apprenticeship, whichever is the greater.
[18.6(c) substituted by PR733867 from 27Sep21]
(c) An adult apprentice must not suffer a reduction in their minimum wage under this award because they have entered into a training agreement if they were employed by the employer at that enterprise immediately before entering into a training agreement, either:
(i) as a full-time employee for at least 6 months; or
(ii) as a part-time or regular casual employee for at least 12 months.
(d) If an employee meets the requirements set out in clause 18.6(c) they must continue to receive the minimum wage that applied to their classification immediately before entering into the training agreement.
18.7 School based apprentices
For school-based apprentices, see Schedule E—School-based Apprentices.
[18.8(a) varied by PR720159 ppc 18Jun20]
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[18.8(b) varied by PR720159 ppc 18Jun20, PR718910, PR729351, PR740778, PR762201, PR773981 ppc 01Jul24]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Alpine Resorts Award 2020 and not the Miscellaneous Award 2020.
[Note inserted by PR723829 ppc 01Nov20; deleted by PR726419; inserted by PR730832; deleted by PR731022; inserted by PR742740; deleted by PR742741 ppc 01Oct22]
18.9 Supported wage system
For employees who because of the effects of a disability are eligible for a supported wage, see Schedule F—Supported Wage System.
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.
19.1 Wages will be paid either weekly, fortnightly or monthly.
19.2 Wages will be paid into the employee’s nominated bank account by electronic funds transfer without cost to the employee.
19.3 Payment on termination of employment
(a) Subject to clause 19.3(b), the employer must pay an employee no later than 14 days after the day on which the employee’s employment terminates:
(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) For an employee paid weekly in accordance with clause 19.1, the employer must pay the employee no later than the end of the employee’s next complete 7 day pay period after the day on which the employee’s employment terminates.
(c) The requirement to pay wages and other amounts under clauses 19.3(a) and 19.3(b) 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 19.3(c) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.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 s.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.
20. Higher duties, dual-role employment and multi-hiring arrangement
[Varied by PR733867]
(a) An employee engaged on work for more than a total of 2 hours on any day or shift at a higher level than their ordinary classification, must be paid the higher rate for the whole day or shift.
(b) An employee engaged on work for a total of 2 hours or less on any day or shift, at a higher level than their ordinary classification must be paid the higher rate for the time worked at the higher level.
(c) Where clause 20.1 applies, clauses 20.2 and 20.3 do not apply.
(a) Due to the unique nature of most positions under this award, in that they are generally only available during that part of the year when alpine lifting is being provided, employees may be offered dual-role employment (where operational requirements allow) in which the employee may have 2 distinct roles.
(b) In these circumstances any offer of employment will set out the terms and conditions for each role and these will be mutually agreed between the 2 parties prior to the commencement of this type of employment.
(c) Where clause 20.2 applies, clause 20.1 only applies to work within each role.
(a) An employee may agree to be engaged on a multi-hiring arrangement as an alternative, or in addition to, dual-role employment.
(b) If an employer and an employee enter into a multi-hiring arrangement, the parties must agree on the primary role of the employee.
[20.3(c) substituted by PR733867 from 27Sep21]
(c) The employer may then offer the employee, and the employee may undertake, a non-primary role (or roles) in any level or classification within Schedule A—Classification Definitions that they are qualified for, provided that:
(i) any non-primary role is to be paid for in accordance with clause 11; and
(ii) any hours worked by an employee in a non-primary role do not count toward ordinary hours or overtime in the employee’s primary role.
(d) Where clause 20.3 applies, clause 20.1 only applies to work within each role.
[Varied by PR718910, PR719062, PR729351, PR729535, PR740778, PR740941, PR762201, PR762368, PR773981, PR774150]
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.
21.1 Employers must pay to an employee the allowances the employee is entitled to under clause 21.
NOTE: See Schedule D—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
(a) Sewerage treatment plant allowance
[21.2(a) varied by PR718910, PR729351, PR740778, PR762201, PR773981 ppc 01Jul24]
Employees will be paid an allowance of $11.24 for each shift they are engaged in work at a designated sewerage treatment plant.
21.3 Expense-related allowances
[21.3(a) varied by PR719062, PR729535, PR740941, PR762368, PR774150 ppc 01Jul24]
An employee must be supplied with a meal or paid an allowance of $16.31 if required to work overtime for more than 2 hours per shift without being notified on the previous day or earlier.
An employee will be paid an allowance of $0.16 per hour if directed to wear specific outdoor footwear as part of their employment and this footwear is not supplied by the employer. This does not include items such as black shoes for service staff.
An employee will be paid an allowance of $0.33 per hour if required to provide ski/board equipment as part of their employment, and this equipment is not supplied by the employer. An employee entitled to the equipment allowance will be entitled to this instead of the boot allowance.
(d) Protective clothing reimbursement
(i) The employer must provide all employees who are outdoor workers, including Snowsports Instructors, with appropriate wet weather and protective clothing free of charge, or must reimburse the employee the cost of purchasing such clothing.
(ii) Where protective clothing, uniforms and/or other tools and equipment are supplied without cost to the employee or the cost has been reimbursed to the employee:
· it will remain the property of the employer and will be returned to the employer when requested on termination of the employee’s employment;
· any loss or damage through misuse by the employee will be charged against the employee’s wages; and
· a deduction at a reasonable rate may be made by the employer, provided that no deduction will be made for reasonable wear and tear.
[21.3(e)(i) varied by PR719062, PR740941, PR762368 ppc 01Jul23]
(i) Snowsports Instructors, who are in Category A, B or C as set out in Schedule A—Classification Definitions, are entitled to an airfare reimbursement of up to $1231 where they are:
· engaged overseas in the Northern Hemisphere in the preceding season as part of an exchange program or working as a full‑time instructor for a full season at a snowsports school in the Northern Hemisphere approved by prior arrangement with the school director; or
· engaged overseas in the Northern Hemisphere in the preceding season and enter Australia as temporary non-residents.
(ii) In order to qualify for an airfare reimbursement the employee will be required to:
· prove that a minimum of 8 weeks has been worked on a full‑time basis at an approved snowsports school in the Northern Hemisphere; and
· produce the original airline ticket in order to prove that the expense has been incurred.
[Varied by PR771367]
22.1 Superannuation legislation
[22.1 substituted by PR771367 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 22 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.
22.3 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 22.2.
(c) The employer must pay the amount authorised under clauses 22.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 22.3(a) or (b) was made.
22.4 Superannuation fund
[22.4 varied by PR771367 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 22.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 22.2 and pay any amount authorised under clauses 22.3(a) or 22.3(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) HOSTPLUS;
(b) AustralianSuper;
(c) CareSuper;
(d) 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
(e) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Overtime and Penalty Rates
[Varied by PR723847, PR763297]
23.1 Overtime
An employee, other than a Snowsports Instructor, must be paid overtime rates for:
(a) any hours in excess of the ordinary hours per week that the employee is engaged to work;
(b) any hours in excess of 10 per day, excluding meal breaks; or
(c) any hours in excess of an average of 38 per week over the length of the cycle.
[23.1(d) varied by PR723847 ppc 20Nov20]
(d) The overtime rates are as follows:
|
For overtime worked on |
Overtime rate |
|
Monday to Sunday—first 2 hours |
150 |
|
Monday to Sunday—after 2 hours |
200 |
In the case of casual employees, the above penalty rates include the casual loading of 25%.
23.2 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 23.2(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 23.2 is set out at Schedule G—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule G—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 23.2 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 23.2 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 23.2 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 23.2(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 23.2 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 23.2 will apply, including the requirement for separate written agreements under clause 23.2(b) for overtime that has been worked.
[Note varied by PR763297 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 23.2 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 23.2.
24.1 Payment for work performed on public holidays
(b) In the case of casual employees this rate includes the casual loading of 25%.
Part 6—Leave and Public Holidays
[Varied by PR751099]
25.1 Annual leave is provided for in the NES.
25.2 When an employee takes a period of paid annual leave or is paid for accrued leave on termination, the employee will be paid an annual leave loading of 17.5% of the base rate of pay for the period in addition to the payment required to be made under Division 6 of 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).
(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 25.3 is set out at Schedule H—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 25.3 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 25.3, 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.
25.4 Direction to take annual leave during shutdown
[25.4 renamed and substituted by PR751099 ppc 01May23]
(a) Clause 25.4 applies 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 25.4(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 25.4(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 25.4(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 25.4(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 25.3.
(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 25.3, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 25.5 to 25.7 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 25.4.
25.5 Excessive leave accruals: general provision
NOTE: Clauses 25.5 to 25.7 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 2—Definitions).
(c) Clause 25.6 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 25.7 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
25.6 Excessive leave accruals: direction by employer that leave be taken
(a) If an employer has genuinely tried to reach agreement with an employee under clause 25.5(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.
(b) However, a direction by the employer under clause 25.6(a):
(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.5, 25.6 or 25.7 or otherwise agreed by the employer and employee) are taken into account; and
(ii) must not require the employee to take any period of paid annual leave of less than one week; and
(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.
(c) The employee must take paid annual leave in accordance with a direction under clause 25.6(a) that is in effect.
(d) An employee to whom a direction has been given under clause 25.6(a) may request to take a period of paid annual leave as if the direction had not been given.
NOTE 1: Paid annual leave arising from a request mentioned in clause 25.6(d) may result in the direction ceasing to have effect. See clause 25.6(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
25.7 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 25.5(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.
(b) However, an employee may only give a notice to the employer under clause 25.7(a) if:
(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and
(ii) the employee has not been given a direction under clause 25.6(a) that, when any other paid annual leave arrangements (whether made under clause 25.5, 25.6 or 25.7 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.
(c) A notice given by an employee under clause 25.7(a) must not:
(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 25.5, 25.6 or 25.7 or otherwise agreed by the employer and employee) are taken into account; or
(ii) provide for the employee to take any period of paid annual leave of less than one week; or
(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or
(iv) be inconsistent with any leave arrangement agreed by the employer and employee.
(d) An employee is not entitled to request by a notice under clause 25.7(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 2—Definitions) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 25.7(a).
25.8 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.8.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.8.
(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 25.8 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 25.8 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 25.8 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 25.8.
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 25.8.
NOTE 3: An example of the type of agreement required by clause 25.8 is set out at Schedule I—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule I—Agreement to Cash Out Annual Leave.
26. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
27. Parental leave and related entitlements
[27 varied by PR763297 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 33—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
29. Family and domestic violence leave
[29—Unpaid family and domestic violence leave renamed and substituted by PR750418 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.
30.1 Public holidays are provided for in the NES.
30.2 Where an employee other than a Snowsports Instructor works on a public holiday they will be paid in accordance with clause 24.1.
30.3 Substitution of public holidays by agreement
(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.
(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
30.4 Additional arrangements for employees other than casuals
An employee whose rostered day off falls on a public holiday must, subject to clause 30.3, either:
(a) be paid an extra day’s pay; or
(b) be provided with an alternative day off within 28 days; or
(c) receive an additional day’s annual leave.
30.5 A permanent or seasonal employee who works on a public holiday which is subject to substitution as provided for in clause 30.3 will be entitled to the benefit of the substitute day.
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774815 from 01Jul24]
30A. Workplace delegates’ rights
[30A inserted by PR774815 from 01Jul24]
30A.1 Clause 30A 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 30A.
30A.2 In clause 30A:
(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.
30A.3 Before exercising entitlements under clause 30A, 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.
30A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
30A.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.
30A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 30A.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.
30A.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 30A.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.
30A.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.
30A.9 Exercise of entitlements under clause 30A
(a) A workplace delegate’s entitlements under clause 30A 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 30A 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 30A 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 30A.
31. Consultation about major workplace change
31.1 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.
31.2 For the purposes of the discussion under clause 31.1(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.
31.3 Clause 31.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
31.4 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 31.1(b).
31.5 In clause 31 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.
31.6 Where this award makes provision for alteration of any of the matters defined at clause 31.5, such alteration is taken not to have significant effect.
32. Consultation about changes to rosters or hours of work
32.1 Clause 32 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.
32.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 32.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
32.4 The employer must consider any views given under clause 32.3(b).
32.5 Clause 32 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 PR763297, PR777326, PR778065]
33.1 Clause 33 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
33.3 If the dispute is not resolved through discussion as mentioned in clause 33.2, 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.
33.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 33.2 and 33.3, a party to the dispute may refer it to the Fair Work Commission.
33.5 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.
33.6 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.
33.7 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 33.
33.8 While procedures are being followed under clause 33 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.
33.9 Clause 33.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763297; deleted by PR778065 from 26Aug24]
[Note inserted by PR778065 from 26Aug24; varied by PR777326 from 27Aug24]
NOTE: In addition to clause 33, 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.
34.1 Notice of termination by an employee
(a) Clause 34.1 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 34.1(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 34.1(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 34.1(b), then no deduction can be made under clause 34.1(d).
(f) Any deduction made under clause 34.1(d) must not be unreasonable in the circumstances.
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 34.2 is to be taken at times that are convenient to the employee after consultation with the employer.
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
35.1 Transfer to lower paid duties on redundancy
(a) Clause 35.1 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 35.1(c).
(c) If the employer acts as mentioned in clause 35.1(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.
35.2 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 35 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.
35.3 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 35.3(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 35.3(b).
(d) An employee who fails to produce proof when required under clause 35.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 34.2.
Schedule A—Classification Definitions
A.1 Training level
A.1.1 Training Level is the level at which staff are undergoing training prior to being deemed competent to undertake their substantive role at the appropriate Resort Worker Level, excluding those who are being trained in Plant Operators role. It is also the rate to be paid to staff while attending orientation or induction programs.
A.1.2 The maximum period of time on which an employee may be engaged at the Training Level is 7 weeks.
A.2 Resort Worker Level 1
A.2.1 Resort Worker Level 1 means an employee who is engaged in a role that requires no previous experience, some on-the-job training and who works under supervision in roles including:
· Carparking duties
· Outdoor and Indoor Assistant roles including Race Event Workers, Snowsports Assistants, Painters and Lift Attendants whose roles are primarily focused on specific labouring tasks
· General unskilled labour tasks
· Bar Assistant who is employed primarily in non-service duties
· Food Service Assistant—duties including removing food plates, setting and/or wiping down tables, cleaning and tidying of associated areas
· Kitchenhand duties
· Housekeeping duties assisting under supervision in the servicing of resort property and cleaning thereof
· Laundry duties assisting in laundry service
A.3 Resort Worker Level 2
A.3.1 Resort Worker Level 2 means an employee who is engaged in a role that requires some previous relevant experience or qualifications, detailed on-the-job training for the specific employer’s requirements and work under supervision.
A.3.2 The following roles are examples:
· An employee who is engaged in general clerical or office duties
· Guest Service roles including Ticket and Pass sales, Hire sales and service, Retail Sales, Concourse Attendants and Tour Guides
· Trainee Plant Operator roles (including Trainee Train Drivers) who are undergoing training and assessment and are yet to be deemed competent
· A person involved in the coordination and instruction of other staff involved in Carparking operations
· Unqualified Child Care Workers
· Municipal Services (garbage collection etc.)
· Pool attendants with lifeguard qualifications
· Ticket Checkers, Uniform Room Attendants and Mountain Awareness staff
· Snowsports administrative staff who are responsible for the booking of lessons
· Bar duties including service, cellar and bottle sales
· Food Service duties including service, cashier and waiting duties
· Housekeeping involved in the servicing and cleaning of resort property
· A Cook being an unqualified person involved in the preparation, butchering or cooking of food
· An employee who is engaged in reception/reservations duties including night auditing, telephonist, receptionist, cashier, information services, portering or reservations.
· Laundry duties involved in laundry production duties such as machine operation
A.4 Resort Worker Level 3
A.4.1 Resort Worker Level 3 means an employee who is engaged in a role that requires significant previous experience in the field in which they are to be employed or who will be involved in roles that require specialist training by the employer.
A.4.2 The following roles are examples:
· A Lift Operator who is responsible for the safe operation of aerial and surface lifting, the loading and unloading of guests, maintaining the lift station and reporting of mechanical faults to appropriate trades and supervisory staff
· An employee involved in Mountain operation roles such as Assistant Ski Patrol and Trail Crew
· Trades Assistants in Electrical, Mechanical, Fitting & Machinery and Building disciplines including (but not limited to) Electrical Assistants, Track Maintenance Assistants, Fitters and Machinists, Carpentry Assistants and Leading Hand Labourers
· Beauty Therapist and Spa Attendant
· Storeperson or Cellar person with forklift qualifications and who is engaged as such
· Food Service & Bar staff who supervise staff of a lower grade and who work without supervision
· A Kitchen attendant who has the responsibility for the supervision, training and coordination of kitchen attendants of a lower grade
· An employee in a Housekeeping, Porter or Laundry role who has the appropriate level of training and who is employed to supervise employees of a lower grade
· An employee who is engaged in night auditing, Hotel reception or reservations who has more than three years’ experience in a similar role in a Hotel or Travel Reservations business
A.5 Resort Worker Level 4
A.5.1 Resort Worker Level 4 means an employee who is engaged in a role that requires specialist skills built on previous experience and qualifications or who provides direction for staff at a lower level.
A.5.2 The following roles are examples:
· An employee who is engaged in the supervision of other staff involved in reception/reservations duties including night auditing, telephonist, receptionist, cashier, information services or reservations
· An employee who is engaged in the supervision of Guest Service roles including Ticket and Pass sales, Hire sales and service, Retail Sales, Concourse Attendants and Information and Tour Guides
· An employee engaged in Cashroom, Treasury or other similar back office cash reconciliation roles
· Experienced Painters
· Qualified Fitness Instructor with lifeguard qualifications
· Bar and Food Service staff who supervise staff of a lower grade in running a particular section, restaurant or bar
· A Qualified Chef, who has completed an apprenticeship in this discipline
· An employee who is engaged as an Inventory Controller or Uniform Room Coordinators
A.6 Resort Worker Level 5
A.6.1 Resort Worker Level 5 means an employee who has the appropriate level of training and who is employed to supervise and/or train employees of a lower grade.
A.6.2 The following roles are examples:
· An employee who is engaged in the supervision of Lift Operators
· Treasury/Cashroom staff
A.7 Resort Worker Level 6
A.7.1 Resort Worker Level 6 means an employee who is engaged in a role that requires the completion of a recognised qualification in the field in which they are employed and have been deemed competent to fulfil the following roles:
· A Plant Operator who has been deemed competent in the operation of plant and equipment including (but not limited to) Transport vehicles, Groomers, Excavators, Cranes, Trains, Snowmaking or Sewerage Plant equipment
· Railway Track Inspectors
· A Child Care Worker who has completed as a minimum an AQF Certificate 3 or 4 in Children’s Services (or equivalent)
· A qualified Ski Patroller
· Trade qualified staff who have completed an apprenticeship in an Electrical, Fitting, Mechanical, Painting, Spray Painting, Carpentry or Building discipline and are undertaking work in their relevant discipline
· An employee who is employed to Supervise staff undertaking Trail Crew or Snowsports Reservations duties
· Qualified Beauty Therapist
· Media Staff such as Reporters, Editors and Camera Operators
· A Hospitality supervisor in any area of hospitality including but not limited to food and beverage, housekeeping, front office and reservations, laundry, stores, duty supervisors and the like
A.8 Resort Worker Level 7
A.8.1 Resort Worker Level 7 means an employee who is engaged in any of the following roles:
· A Child Care Worker who is engaged as a supervisor and who has completed as a minimum an AQF Diploma in Children’s Services
· An employee who is engaged in the supervision of other staff involved in Plant Operation
· A Qualified Chef who supervises or trains other kitchen staff, undertakes ordering and stock control and is solely responsible for other cooks and other kitchen employees in a single kitchen establishment
A.9 Instructors Category A
Instructors Category A means an employee who is engaged as a Snowsports Instructor (as defined), is a fully certified Instructor, and has obtained their APSI Level 4 Qualification or international equivalent (as currently contained in Table 5 in Schedule B—Equivalency of Snowsports Qualifications) or the recognised current equivalent and has a minimum of 10 full-time seasons of practical experience. Full‑time season for the purposes of this category of employment will be a minimum of 12 successive weeks at a recognised Snowsports School.
A.10 Instructors Category B
Instructors Category B means an employee who is engaged as a Snowsports Instructor (as defined) and has an intermediate level of certification, being their APSI Level 3 Qualification or international equivalent (as currently contained in Table 4 in Schedule B—Equivalency of Snowsports Qualifications) or the recognised current equivalent and has full-time practical teaching experience.
A.11 Instructors Category C
Instructors Category C means an employee who is engaged as a Snowsports Instructor (as defined) and has a fundamental level of certification, being the APSI Level 2 Qualification or international equivalent (as currently contained in Table 3 in Schedule B—Equivalency of Snowsports Qualifications) or the recognised current equivalent and has full-time practical teaching experience.
A.12 Instructors Category D
Instructors Category D means an employee who is engaged as a Snowsports Instructor (as defined) and has some teaching experience with an entry level qualification, being the APSI Level 1 Qualification or international equivalent (as currently contained in Table 2 in Schedule B—Equivalency of Snowsports Qualifications) or the recognised current equivalent.
A.13 Instructors Category E
Instructors Category E means an employee who is engaged as a Snowsports Instructor (as defined) and has either no experience or a low level qualification (as currently contained in Table 1 in Schedule B—Equivalency of Snowsports Qualifications) or the recognised current equivalent.
Schedule B—Equivalency of Snowsports Qualifications
Table 1
|
Country |
Association Certification Level |
|
Australia |
APSI (Ski & SB) Level 1 |
|
Austria |
ÖSSV (Ski & SB) Anwärter |
|
Canada |
CSIA (Ski) CSIA Level 1 CASI (SB) CASI Level 1 CSCF (Coaching) Entry Level (1) |
|
Korea |
KSIA (Ski & SB) Level 1 |
|
New Zealand |
NZSIA (Ski) SBINZ (SB) Level 1 |
|
Switzerland |
SSSA (Ski & SB) Kinderlehrer (Child Tutor) |
|
United Kingdom |
BASI (Ski) Level 1—Dry Slope Specific BASI (SB) Level 1—Dry Slope Specific |
|
USA |
PSIA (Ski) Level 1 AASI (SB) Level 1 |
Table 2
|
Country |
Association Certification Level |
|
Australia |
APSI (Ski & SB) Level 1 |
|
Canada |
CSCF (Coaching) Level 1 Advanced Certification |
|
USA |
PSIA (Ski) AASI (SB) Level 1 plus PSIA children’s specialist 1 |
Table 3
|
Country |
Association Certification Level |
|
Australia |
APSI (Ski & SB) Level 2 |
|
Austria |
ÖSSV (Ski & SB) Landeslehrer 1 (Aufnahmspruefung) |
|
Canada |
CSIA (Ski) Level 2 CASI (SB) Level 2 CSCF (Coaching) Development Level (2) |
|
Czech Republic |
APUL (Ski & SB) APUL C |
|
Japan |
SIA (Ski & SB) IT I (Bronze Medal) |
|
Korea |
KSIA (Ski & SB) Level 2 |
|
Netherlands |
NVVS (Ski & SB) A-Diploma |
|
New Zealand |
NZSIA (Ski) SBINZ (SB) Level 2 |
|
Slovakia |
SAPUL (Ski & SB) C Qualification |
|
Slovenia |
ZUTS (Ski & SB) Level 1 |
|
Switzerland |
SSSA (Ski & SB) Stufe 1 |
|
United Kingdom |
BASI (Ski) Level 2 BASI (SB) Level 2 |
|
USA |
AASI (SB) Level 2 plus children’s specialist 1 PSIA (Ski) Level 2 plus children’s specialist 1 |
Table 4
|
Country |
Association Certification Level |
|
Australia |
APSI (Ski & SB) Level 3 |
|
Austria |
ÖSSV (Ski & SB) Landeslehrer (completed) or Landeslehrer 2 |
|
Canada |
CSIA (Ski) Level 3 CASI (SB) Level 3 CSCF (Coaching) Performance Level (3) |
|
Czech Republic |
APUL (Ski & SB) APUL B |
|
Italy |
AMSI (Ski & SB) Maestro di Sci/Snowboard |
|
Japan |
SIA (Ski & SB) IT II (Silver Medal) |
|
Korea |
KSIA (Ski & SB) Level 3 |
|
New Zealand |
NZSIA (Ski & SB) Level 3 |
|
Netherlands |
NVVS (Ski & SB) B-Diploma |
|
Slovakia |
SAPUL (Ski & SB) B Qualification |
|
Slovenia |
ZUTS (Ski & SB) Level 2 |
|
Switzerland |
SSSA (Ski & SB) Stufe 2 |
|
United Kingdom |
BASI (Ski) Level 3 BASI (SB) Level 3 |
|
USA |
PSIA (Ski) AASI (SB) Level 2 plus PSIA children’s specialist 2 PSIA (Ski) AASI (SB) Level 3 USSA (Coaching) Level 200 State Coach |
Table 5
|
Country |
Association Certification Level |
|
Australia |
APSI (Ski & SB) Level 4 |
|
Austria |
ÖSSV (Ski & SB) Staatlich geprüfter Schilehrer |
|
Canada |
CSIA (Ski) CASI (SB) CSIA Level 4 CSCF (Coaching) Program Director (4) |
|
Czech Republic |
APUL (Ski & SB) APUL A |
|
Italy |
AMSI (Ski & SB) Maestro di Sci/Snowboard (Gold Level) |
|
Japan |
SIA IT III (Ski & SB) (Gold Medal) |
|
Netherlands |
NVVS (Ski & SB) C-Diploma |
|
New Zealand |
NZSIA (Ski & SB) Level 3 plus Trainer |
|
Slovakia |
SAPUL (Ski & SB) A Qualification |
|
Slovenia |
ZUTS (Ski & SB) Level 3 |
|
Sweden |
ESS (Ski & SB) Examinerad Svensk Skidlarare (Level 3) |
|
Switzerland |
SSSA (Ski & SB) Stufe 3 (ISIA) |
|
United Kingdom |
BASI (Ski & SB) Level 4 ISTD BASI (Ski Coach) Level 4 Coach IVSI |
|
USA |
PSIA (Ski) AASI (SB) Level 3 ISIA plus Trainer Cert (Education Staff, i.e. DCL, TA) |
Schedule C—Summary of Hourly Rates of Pay
[Varied by PR718910, PR729351, PR740778, PR762201, PR773981]
C.1 Alpine resort workers
C.1.1 Full-time and part-time employees—ordinary and penalty rates
[C.1.1 varied by PR718910, PR729351, PR740778, PR762201, PR773981 ppc 01Jul24]
C.1.2 Full-time and part-time employees—overtime rates
[C.1.2 varied by PR718910, PR729351, PR740778, PR762201, PR773981 ppc 01Jul24]
C.1.3 Casual employees—ordinary and penalty rates
[C.1.3 varied by PR718910, PR729351, PR740778, PR762201, PR773981 ppc 01Jul24]
|
Ordinary hours |
Public holiday |
|
|
|
% of minimum hourly rate |
|
|
|
125% |
250% |
|
|
$ |
$ |
|
Training |
29.34 |
58.68 |
|
Resort Worker Level 1 |
30.13 |
60.25 |
|
Resort Worker Level 2 |
31.23 |
62.45 |
|
Resort Worker Level 3 |
32.28 |
64.55 |
|
Resort Worker Level 4 |
33.94 |
67.88 |
|
Resort Worker Level 5 |
35.04 |
70.08 |
|
Resort Worker Level 6 |
36.08 |
72.15 |
|
Resort Worker Level 7 |
37.05 |
74.10 |
C.2 Snowsports Instructors
C.2.1 Full-time and part-time snowsports instructors
[C.2.1 varied by PR718910, PR729351, PR740778, PR762201, PR773981 ppc 01Jul24]
|
Classification |
Snowsports Instructor hourly rate |
|
$ |
|
|
Instructor Category A |
37.15 |
|
Instructor Category B |
33.41 |
|
Instructor Category C |
29.69 |
|
Instructor Category D |
25.97 |
|
Instructor Category E |
24.80 |
C.2.2 Casual snowsports instructors
[C.2.2 varied by PR718910, PR729351, PR740778, PR762201, PR773981 ppc 01Jul24]
|
Classification |
Snowsports Instructor hourly rate |
|
|
$ |
|
Instructor Category A |
46.44 |
|
Instructor Category B |
41.76 |
|
Instructor Category C |
37.11 |
|
Instructor Category D |
32.46 |
|
Instructor Category E |
31.00 |
Schedule D—Summary of Monetary Allowances
[Varied by PR718910, PR719062, PR729351, PR729535, PR740778, PR740941, PR750845, PR762201, PR762368, PR773981, PR774150]
See clause 21—Allowances for full details of allowances payable under this award.
[D.1.1 varied by PR718910, PR729351, PR740778, PR762201, PR773981 ppc 01Jul24]
D.1.1 The wage-related allowances in clause 21.2 of this award are based on the standard rate as defined in clause 2—Definitions as the minimum hourly rate for a Resort Worker Level 2 in clause 18.1 = $24.98.
|
Allowance |
Clause |
% of standard rate |
$ per shift |
|
Sewerage treatment plant allowance |
21.2(a) |
45.0 |
11.24 |
D.1.2 Automatic adjustment of wage-related allowances
[D.1.2 renamed and substituted by PR750845 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.
D.2 Expense-related allowances
[D.2 varied by PR719062, PR729535, PR740941, PR762368, PR774150 ppc 01Jul24]
The expense-related allowances in this award will be payable to employees in accordance with clause 21.3:
|
Allowance |
Clause |
$ |
Payable |
|
Meal allowance—overtime for more than 2 hours without notice |
21.3(a) |
16.31 |
per occasion |
|
Boot allowance—specific footwear not supplied |
21.3(b) |
0.16 |
per hour |
|
Equipment allowance |
21.3(c) |
0.33 |
per hour |
|
Airfare reimbursement—Snowsports Instructors—Categories A, B or C—an amount of up to |
21.3(e)(i) |
1231 |
per occasion |
D.3 Adjustment of allowances
D.3.1 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.
(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Meal allowance |
Take away and fast foods sub-group |
|
Boot and equipment allowances |
Clothing and footwear group |
|
Airfare reimbursement |
Domestic holiday travel and accommodation sub-group |
Schedule E—School-based Apprentices
E.1 This schedule applies to school-based apprentices. A school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
E.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement or contract of training for an apprentice declared or recognised by the relevant State or Territory authority.
E.4 For the purposes of E.3, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice must be paid is 25% of the actual hours worked each week on-the-job. The wages paid for training time may be averaged over the semester or year.
E.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
E.6 For the purposes of this schedule, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
E.7 The duration of the apprenticeship must be as specified in the training agreement or contract for each apprentice but must not exceed 6 years.
E.8 School-based apprentices progress through the relevant wage scale at the rate of 12 months progression for each 2 years of employment as an apprentice or at the rate of competency based progression if provided for in this award.
E.9 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years’ duration) or stages of competency-based progression (if provided for in this award). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
E.10 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
E.11 School-based apprentices are entitled pro rata to all of the other conditions in this award.
Schedule F—Supported Wage System
[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]
F.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
F.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system.
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged.
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.
F.3 Eligibility criteria
F.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
F.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
F.4 Supported wage rates
F.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause F.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[F.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
F.4.2 Provided that the minimum amount payable must be not less than $106 per week.
F.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
F.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
F.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
F.6 Lodgement of SWS wage assessment agreement
F.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
F.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
F.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.
F.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
F.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
F.10 Trial period
F.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
F.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[F.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
F.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
F.10.4 Work trials should include induction or training as appropriate to the job being trialled.
F.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause F.5.
Schedule G—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 H—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 I—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 X—Additional Measures During the COVID-19 Pandemic varied by PR720705, PR723048, PR728080, PR736911; 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.